What should I do if something goes wrong with the "guerrilla operations" that has no guarantees?
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Reporters visited and investigated for several days and found that some high-altitude "Spider-Man" did not sign contracts with employers, but joined the "Spider-Man" team formed by their fellow villagers to "guerrilla operations". The salary was settled daily and no insurance was purchased.
Industry insiders said that workers are not encouraged to ignore the cost of risk for immediate benefit.
To improve the safety awareness of the entire industry and gradually form a good and healthy industry environment, it requires the joint efforts of many parties.
Recently, high-altitude work safety accidents have occurred from time to time, triggering public heated discussions on the issue of "Spiderman" safety protection.
"Workers Daily" reporters visited and investigated for several days and found that some "Spider-Man" chose to "guerrilla operations" by means of daily work, without signing contracts and without social security, and their rights and interests were difficult to be protected.
"Guerilla Warfare"
At 13:00 on July 7, the highest temperature in Beijing reached 35 degrees Celsius.
The reporter followed Han Bo (a pseudonym) who was engaged in high-altitude operations such as exterior wall cleaning and waterproofing, and climbed up the ladder to the roof through the patio on the top of the residential building.
Safety ropes, seat belts, seat plate devices, eight-shaped loop descenders, waterproof material buckets... After preparing the tools, Han Bo tied the hanging points of the safety ropes to the ventilation holes and slowly lifted himself from the top of the 5-story building. Go down to the 4th floor.
He hung his whole body outside the window, sat on the seat board, stepped on the canopy, bent down and dipped the waterproof paint with a brush, and then straightened up to paint the wall.
In 2009, the "Safety Specifications for Suspension Operation of Slab Single Spreader" (GB23525) stipulated that it is strictly forbidden to use roof brick-concrete masonry structures, chimneys, vents and other structures as hanging point devices, and should be worn in accordance with GB2811 requirements during operation For safety helmets, a warning zone should be set up under the suspension area and monitored by a dedicated person, and no people, vehicles and accumulations should be allowed.
Han Bo explained to reporters that "big jobs" with high floors and large areas such as exterior wall cleaning and decoration require people who "watch the ropes" on the roof and the bottom of the building, and sometimes paired walkie-talkies, and residential buildings like this The "little work" is basically done by one person.
"We belong to the daily end of life, 600 yuan a day for big jobs, 200 yuan to 300 yuan a day for small jobs. The boss earns more with less labor." Han Bo said.
Han Bo's "boss" is actually his fellow villager, and he was also a colleague of the same cleaning company.
Because of the low order quantity and low income in the cleaning company, three years ago, Han Bo followed the "Spiderman" team formed by his fellow villagers to work alone, without signing a contract, and without social security and other guarantees.
In a "high-altitude lighting up spiderman" WeChat group, the reporter found that many practitioners, like Han Bo, are chatting in teams of a dozen people or fighting alone in order to pursue higher income and reduce costs. Group, short video platform to find live, pick up live.
"Workers are responsible for themselves"
In the hot weather, after more than an hour of outdoor waterproofing work, Han Bo's sweat could not stop dripping.
To avoid dehydration, he drank a 500ml bottle of mineral water in one go.
Han Bo said that he had never received heatstroke prevention and cooling supplies, and did not know about subsidies such as high temperature allowance and work-at-high allowance. "Except for a salary of 600 yuan a day, lunch money can be reimbursed. Nobody else cares."
Some "Spiderman" of "guerrilla warfare" said: "Safety protection products such as safety ropes and seat belts are purchased by themselves and can be purchased at labor insurance supply stores." The reporter searched and found that these safety protection equipment were on the e-commerce platform. It is also easy to buy.
A merchant said: “If you have a request, you can issue a test report. If there is no special mention, it will not be sent with the goods.” A consumer said in the product evaluation: “It looks very strong, and I don’t know it very well. Buy it, then buy it.” Some consumers also said that “the workmanship is average, and the button of the seat belt is made in the wrong place”.
Li Xinglong, manager of the Safety Supervision Department of China Construction Fuji Curtain Wall Decoration Co., Ltd., said that in many high-altitude fall accidents, operators have a fluke mentality, and unsafe behaviors such as irregular use of safety ropes and seat belts are the majority.
"We are all companies purchasing safety protection equipment uniformly. We not only look for regular manufacturers, but also strictly control the quality." Li Xinglong said, "The purchased safety protection equipment needs to be tested and accepted, otherwise there will be safety hazards."
In addition, the reporter discovered that some "Spider-Man" teams organized by the same township had non-compliance with construction qualifications and false certificates.
A "boss" of the "Spiderman" team told the "Worker Daily" reporter that someone can act on behalf of the qualification certificate and construction permit.
He said: "As long as you spend money, you can do it. I can find someone to do it for you, or if you want to pick up the job, you can also borrow my qualifications and show it to Party A."
Liu Yu, vice president of the High-altitude Service Industry Branch of the China Occupational Safety and Health Association, said that the safety production license and qualification certificate of the high-altitude operation industry are generally issued by industry associations, and there are indeed some cases of "fake associations" issuing certificates for profit.
"Some workers choose'guerrilla warfare', under this circumstance, management will be chaotic. Now many'bosses' do not have a fixed team, so they hire daily jobs, and it is the workers who are solely responsible for themselves." Liu Yu said.
"Boss" runs away, it is difficult to defend rights
"Guerilla operations" earn relatively more, but they also bring high risks.
Han Bo, who has been in business for 7 years, has experienced many thrilling moments.
On one occasion, his worker fell and died because of a safety rope that was hanging down and was taken away by a passing truck.
At that time, the company where the workers were working refused to be held responsible for "only signing the labor service contract, which happened when working for the employer and had nothing to do with the company".
Whenever thinking of this incident, Han Bo secretly worried: What if something goes wrong with the "guerrilla operations" with no guarantees?
A broker who is engaged in the agency of multiple insurance companies told a reporter from the Workers’ Daily that aerial work insurance belongs to five types of occupational accident insurance. Many insurance companies require companies to purchase it in a team and need to provide a business license. Individuals cannot buy this. Class insurance.
"Guerrilla warfare" through a team of fellow villagers like Han Bo naturally does not have such insurance protection.
In the event of an accident, who should be responsible?
According to a verdict published by the China Judgment Document Network, Kang was hired by Yu to install a billboard at a gas station, fell from a height, and was seriously injured.
The court ruled that Kang had no construction qualifications and did not fulfill the duty of safety precautions when performing high-altitude operations; Yu did not review his qualifications when he was employed, and did not provide corresponding safety protection measures; the gas station did not review the relevant qualifications of Yu, and all three parties Need to bear corresponding responsibilities.
Song Jia, a lawyer at Beijing Huajia Law Firm, said that how to assume responsibility is mainly based on the legal relationship of high-altitude operations.
In the case of a labor relationship, the employer shall bear full liability for compensation, and shall not be liable for compensation for work-related injuries only under statutory circumstances; in the case of a labor relationship, when determining that the party providing the labor service is responsible, it shall comprehensively consider the specific operating height and whether it has been engaged in high-altitude operations for a long time. Factors such as; when it is a contracting relationship, it is necessary to consider whether the ordering party has a selection fault (such as the operator has no qualifications for high-altitude operations) or an instruction fault (such as instructing the operator to wipe the exterior glass without taking safety protection measures).
Song Jia also pointed out that high-altitude operations should be included in the national management system and supervised by specialized government departments to raise the threshold of the high-altitude operations industry.
"Once a'guerilla' has a safety accident, it will be difficult for the'boss' to defend their rights as soon as they run away." Liu Yu said, "Therefore, workers are not encouraged to ignore risk costs for immediate benefits. At the same time, we must focus on unqualified companies. Strike. Raising the safety awareness of the entire industry and gradually forming a good and healthy industry environment requires a process and the joint efforts of many parties."
Tang Shu
Tang Shu