Enterprises must provide protective equipment for workers

In June 2012, Liu was recruited as a sawing machine by a wood processing factory and signed a 5-year labor contract with the factory. At work, Liu saw the old employees of the same team wear protective glasses and gloves, then asked the factory to provide their own glasses and gloves, but the factory is still in the probationary period, Liu is not a formal employee refused. To this end, Liu filed a complaint with the local labor and personnel dispute arbitration department.

The arbitration department held that the protective equipment for labor is a kind of protective equipment necessary to protect the personal safety and health of the laborers in the production process. It plays an important role in reducing occupational hazards and preventing accidents. In this regard, national labor laws and regulations have clear provisions. Article 54 of the Labor Law stipulates that employers must provide laborers with labor safety and hygiene conditions and necessary labor protection supplies that comply with state regulations. Article 74 and Article 77 of the “Plant Safety and Hygiene Regulations” respectively stipulate that there are burns, burns, or prone to mechanical trauma and other dangerous places; in the presence of noise, strong light, radiant heat and splash sparks, debris, shavings Workers working in factories shall provide workers with work clothes, work caps, masks, gloves, leg guards, shoe covers, ear protectors, safety glasses, and masks. The timber factory is still in the probationary period for employee Liu, and it is not the formal employee's grounds. It is wrong to send labor protection products. There is no legal basis, and the right of workers to obtain labor safety and health protection is infringed. The arbitration department required the enterprise to rectify the situation. The lumber mill accepted the mediation opinion from the arbitration department and stated that it must be issued to Liu’s labor protection supplies in accordance with regulations.

Liu Ancai, an attorney of the Legal Aid Center for Workers and Staff in Shenyang, pointed out that in the face of labor, every employee is equal, and labor protection products must also be provided. If there is a safety issue with labor protection products, the employer will assume legal responsibility.