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Construction site worker died of heatstroke "internal organs were imitated to be cooked", employer refused to admit work injury judicial prosecution for 4 years without results

2022-08-13T09:09:31.573Z


The weather in Hong Kong continues to be extremely hot. From June to July this year, there have been at least 5 cases of sudden death at work suspected to be related to heatstroke. However, the law does not stipulate that workers can receive compensation for work-related accidents after death from heatstroke.


The weather in Hong Kong continues to be extremely hot. From June to July this year, there have been at least 5 cases of sudden death at work suspected to be related to heatstroke. However, the law does not stipulate that workers can receive compensation for work-related accidents after death from heatstroke. Some trade unions cited cases that construction workers were working on construction sites. During the period, he fainted and died. The death report was confirmed by the Labour Department that the cause of death was related to heatstroke. The doctor in charge even described the victim as "internal organs like being cooked." However, the employer refused to admit the responsibility for the work injury. No substantial progress has been made, and some trade unions and concerned groups are concerned that the current Labour Department's "Risk Assessment for Prevention of Heat Stroke at Work" is only a guideline and recommendation, and employers are not compelled to follow it. .


Death report confirms cause of death related to heatstroke Employer refuses to admit responsibility for work injury

"After applying for legal aid over the years and successfully claiming compensation from employers for work-related accidents, the number of workers who died of heatstroke is five hands!" said Siu Qianwen, director-general of the Industrial Injury Rights Association, said that workers suspected of dying from heatstroke during work are generally uncommon. An autopsy is required to confirm the cause of death. Most of the family members, because of traditional beliefs, do not want their relatives to "suffer an extra stab in the middle of death."

Even if the family members agree to the autopsy, if the deceased suffers from hidden diseases such as three highs, cardiovascular and other hidden diseases, the cause of death may be led to the physical disease. After the death report is read by the Labour Department, it will not be confirmed as a death case of heat stroke, and it will be difficult for the family to report to the family in the future. Employers claim workers' compensation.

Due to the insufficient protection of the current legislation, even if the death report and the Labour Department confirm that the death is related to heatstroke, there are also cases where the employer refuses to admit it, and the family member's claim process is very long.

She gave an example of a case received by the trade union in July 2018 in which a construction worker collapsed while working at a Tung Chung site. The male victim died after being hospitalized for 3 days. At that time, the doctor of the intensive care unit described the victim's "viscera as if it had been cooked", and the situation was extremely unhealthy. Optimistically, the victim passed away in the end, leaving behind his wife and two sons who were only 1 and 2 years old.

The contractor who hired him later gave a pension to the deceased's family, but refused to admit that the deceased was a work-related accident, even though the death report listed the cause of death as rhabdomyolysis, acute kidney and liver failure, alveolar hemorrhage, etc., and heat stroke. Complicating the symptoms, the Labour Department also confirmed that the deceased was related to the death of heatstroke. However, the employer refused to admit that the two were related. As a result, the family filed a legal complaint. It has been 4 years since they fought for workers’ compensation, and only recently did they successfully apply for legal aid and began to negotiate with the contractor. No mediation, or go to court directly.

Xiao Qianwen sighed, "Even if Zhang's death certificate is clearly written, the employer insists that he refuses to accept it. We really have no other way, and we can only pursue it through legal procedures. During the process, lawyers have to collect a lot of information and evidence, but it seems obvious. When I wrote about it, the doctor said again, there is a space for the employer to come in, but I don’t admit it and I won’t pay, this is a place that makes me angry and discouraged.”

Even if Zhang's death certificate is clearly written, the employer insists that he refuses to accept it. We really have no other way, and we can only pursue it through legal procedures. During the process, lawyers have to collect a lot of information and evidence, but it seems to be clearly written. Ming, the doctor also said that there is a vacancy for the employer to enter, but he does not admit it and will not pay for it. This is a place that makes people angry and discouraged.

Siu Qianwen, Director General of Industrial Casualty Rights Association

FEHD's village-style refuse station has no water, no electricity, no space for cleaners to escape the heat

Xiao recently held a tripartite meeting with the Hong Kong Food and Environmental Hygiene Department's Workers' Rights Union and the environmental protection group Low Carbon Vision Creation Club to discuss the impact of hot weather on labor work.

Li Meixiu, chairman of the FEHD Workers' Rights Union, pointed out that he conducted a questionnaire survey on front-line cleaners last summer and found that 53% of the front-line workers who worked in the refuse stations had suffered from heat stroke. He pointed out that there are currently 164 permanent and permanent refuse stations and 878 Among the village-style temporary refuse collection stations, only the former provides drinking water, changing clothes and storage facilities, while most of the latter are limited by area and do not have any resting places. Thinking about the method, there are some arrogant restrooms built on the flyover, and some people who are familiar with the villagers can take a seat and add a canopy to rest. If both are not feasible, some workers have to rent a house and have a place to shake. , or in the worst case, go up the mountain to get water to cool down.”

According to the information provided by the department, there are currently about 1,300 cleaning workers performing regular cleaning work in rural areas. Li Meixiu believes that in the face of the increasingly hot weather, "the people above are not thinking about it. To improve the treatment of frontline cleaners, we should only focus on improving the facilities of refuse stations, and treat garbage better than people.” The department should follow the practice of KMB in recent years and provide bus captains with a rest room with fans or air-conditioning, so that workers can work during the hottest hours Have space to escape the heat after work.

Leung Pak Wai, social worker of Low Carbon Vision Studio, believes that in the future, it is expected that more and more extreme hot weather will affect the life, work and health index of disadvantaged groups. The government currently lacks legal protection for high temperature work, such as Guangdong Province, Guangdong Province. There is a labor protection law in hot weather. If the temperature exceeds 39 degrees, work will be suspended. On the other hand, the Hong Kong Labour Department only has a risk assessment for preventing heat stroke at work. The content is only guidelines and suggestions, and employers are not compelled to follow. He suggested that the government should legislate Take the lead in listing the relevant arrangements for extreme weather in the project tender to protect the working rights and interests of labor-level workers.

The above people do not think about improving the treatment of frontline cleaners (working in hot weather), but only think about improving the facilities of garbage stations, which is better for garbage than people.

Li Meixiao, Chairman of the FEHD Workers' Rights Union

Labour Department: Enforcement actions will be taken if employers are found to have failed to follow the guidelines during inspections

The Labour Department responded that according to the general duty clause in section 6 of the Occupational Safety and Health Ordinance (Cap. 509), employers are required to provide or maintain a system of work that is safe and does not endanger health to the extent reasonably practicable, including Implement appropriate risk control measures at the workplace to prevent employees from heat stroke at work.

Employers who fail to comply with the relevant provisions can be fined up to $200,000 and imprisoned for six months.

In addition, under section 16 of the Occupational Safety and Health Regulations (Cap. 509A), the person in charge of a workplace must ensure that sufficient potable water is provided at the workplace for employees employed at the workplace drink.

Violation of the above provisions can be punished with a fine of up to 10,000 yuan.

To assist employers in fulfilling their responsibilities in preventing heat stroke, the Labour Department has issued a guideline on "Risk Assessment for Prevention of Heat Stroke at Work", which details the various risk factors that should be considered when conducting risk assessment, and recommends corresponding control measures for each risk factor.

For example, when a hot weather warning is in effect, reschedule work to cooler periods of the day and in cooler locations where practicable; arrange for more frequent rest periods, such as taking appropriate breaks after 20 to 40 minutes of work each time ; Provide covered rest areas near the workplace, provide employees with adequate drinking water, etc.

During inspections, if the Labour Department finds that the employer has failed to refer to the guidelines to assess the heat stress at work and take the necessary preventive measures to reduce the risk of heat stroke, it will follow up in accordance with the general liability clauses and relevant regulations of the occupational safety and health legislation, and immediately request improvement. Depending on the seriousness of the case and the evidence available, corresponding enforcement actions will be taken, including prosecution.

Considering that the temperature in Hong Kong is getting higher and higher in summer, employees are exposed to certain risks of heat stroke when working outdoors. The Labour Department is formulating more specific guidelines based on the Hong Kong Heat Index of the Hong Kong Observatory. The necessary measures to prevent heatstroke, including the establishment of appropriate work and rest schedules.

The Labour Department conducts large-scale site inspections every summer to address the risk of heat stroke, including government-contracted cleaning service locations, to ensure that employers have taken necessary measures to prevent employees from heat stroke at work.

If violations are found, corresponding enforcement actions will be taken.

In addition, the department will notify the relevant departments of the violations of the service contractors so that the departments can follow up in accordance with the terms of the outsourced service contract.

Large-scale inspections this summer have been launched and are underway.

If employees believe that the workplace has not taken the necessary preventive measures to reduce the risk of heat stroke, they may call the Labour Department's complaint hotline: 2542 2172, or go to the website https://eform.one.gov.hk/form/ld0001/tc/ The company name, full address and contact number are provided here.

After receiving the relevant information, the officers of the department will conduct follow-up investigations.

FEHD responded that FEHD has always attached great importance to staff safety and occupational safety and health arrangements. Given the small size of village/temporary refuse collection points, they are generally located in rural areas, and most of them are not FEHD's roll call stations, and there are no waiters on duty. .

Due to geographical constraints, some rural refuse stations cannot be equipped with changing facilities. FEHD will try its best to arrange for staff to use drinking water, changing clothes and storage facilities at nearby permanent refuse stations.

In 2019, the FEHD teamed up with local academic institutions to develop and design new work uniforms with sweat-wicking, breathable and reflective functions.

All current street cleaning service contract cleaners have adopted the new uniforms.

As for the department's staff, the new work uniforms with sweat-wicking, breathable and reflective functions are expected to be distributed to staff in the third quarter of 2022.

Only 3,000 yuan of unemployed cleaning workers donated 1,000 yuan to save grass-roots families: I can starve alone. Takeaway driver experienced a horrific work-related injury. "Breaking one hand and holding it" denounced the takeaway platform for zero guarantee. 64-year-old Zeng had a stroke. Do not enter the mall to enjoy the shade: it is not good to wear work clothes

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Source: hk1

All news articles on 2022-08-13

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