Opinions on further improving the work of work-related injury insurance in the construction industry

Ministry of Human Resources and Social Security [2014] No. 103

To the human resources and social security departments (bureaus), housing and urban-rural development departments (committees and bureaus), work safety supervision and administration bureaus, and federations of trade unions of all provinces, autonomous regions, municipalities directly under the Central Government, and the Xinjiang Production and Construction Corps:

Since the reform and opening up, the construction industry in mainland China has flourished, and the construction workforce has continued to grow and develop, making significant contributions to economic and social development and people's living and working in peace and contentment. The construction industry is an industry with a high risk of work-related injuries, and it is also an industry with a high concentration of migrant workers. In order to safeguard the rights and interests of construction workers, especially migrant workers, the state has successively promulgated a series of laws, regulations and policies, and all regions and relevant departments have taken active measures to strengthen the construction of construction safety production systems and supervision and inspection, and vigorously promote the participation of construction enterprises in work-related injury insurance in accordance with the law, so that the protection of the rights and interests of construction workers in the construction industry has been continuously strengthened. However, there are still some problems such as the failure to implement the safety management system of some construction enterprises, the low coverage rate of work-related injury insurance, the weak ability of front-line construction workers, especially migrant workers, to protect their rights for work-related injuries, and the difficulty in implementing work-related injury benefits.

In order to implement the requirements of the Party Central Committee and the State Council on effectively protecting and improving people's livelihood, and in accordance with the Social Insurance Law, the Construction Law, the Work Safety Law, the Law on the Prevention and Treatment of Occupational Diseases, and the Regulations on Work-related Injury Insurance, the following opinions are hereby put forward on further improving the work of work-related injury insurance in the construction industry and effectively safeguarding the rights and interests of work-related injury protection for employees in the construction industry:

1. Improve the work-related injury insurance insurance policy in line with the characteristics of the construction industry, and vigorously expand the coverage of work-related injury insurance for construction enterprises. Construction enterprises shall participate in work-related injury insurance in accordance with the law. According to the characteristics of the construction industry, construction enterprises should participate in work-related injury insurance according to the employer for relatively fixed employees; For construction workers, especially migrant workers, who cannot participate in the insurance of the employer and are used in the construction project, they shall participate in the work-related injury insurance according to the project. Housing construction and municipal infrastructure projects that participate in work-related injury insurance on a construction project basis may have priority in participating in work-related injury insurance procedures among various social insurances. When the construction unit goes through the construction permit procedures, it shall submit the certificate of participation in the work-related injury insurance of the construction project as one of the specific measures to ensure the safe construction of the project; For projects where safety construction measures have not been implemented, the competent departments of housing and urban-rural construction shall not issue construction permits.

2. Improve the method of calculating and paying work-related injury insurance premiums. According to the employer, the construction enterprise shall pay the work-related injury insurance premium according to the total salary as the base in accordance with the law. If the insurance is insured by the construction project, the work-related injury insurance premium can be calculated and paid according to a certain proportion of the total cost of the project.

3. Scientifically determine work-related injury insurance rates. The human resources and social security departments of all regions shall refer to the industry benchmark rate of construction enterprises in the region, and in accordance with the principle of fixed income and balance of revenue and expenditure, the competent departments of commercial housing and urban-rural construction shall reasonably determine the proportion of work-related injury insurance contributions for construction projects. It is necessary to make full use of the floating rate mechanism of work-related injury insurance, adjust the rate in a timely and appropriate manner according to the incidence rate of work-related accidents and the use of work-related injury insurance funds in various construction enterprises, so as to promote enterprises to strengthen safe production and prevent and reduce work-related accidents.

Fourth, ensure the source of work-related injury insurance costs. The construction unit shall separately list the work-related injury insurance costs in the project budget estimate as a non-competitive fee, do not participate in the bidding, and pay the work-related injury insurance premiums of the project in a lump sum by the general construction contractor before the start of the project, covering all employees used in the project, including migrant workers used by professional contractors and labor subcontractors.

5. Complete mechanisms for confirming labor relations involved in the determination of work-related injuries. Construction enterprises shall sign labor contracts with their employees in accordance with the law to strengthen the management of labor and employment on the construction site. The general construction contractor shall, during the construction period of the project, supervise and urge the professional contractor and the labor subcontractor to establish a roster of employees, attendance records, wage payment tables and other ledgers, and implement a dynamic real-name management system for all construction personnel during the construction period of the project. In the event of a work-related injury to a construction worker, the employment relationship is confirmed on the basis of the labor contract. For those who have not signed a labor contract, the human resources and social security department shall confirm the de facto labor relationship with reference to evidence such as wage payment vouchers or records, work permits, recruitment registration forms, attendance records, and other employee testimonies. Relevant parties should actively provide relevant evidence; If the employer fails to provide the burden of proof that should be borne by the employer in accordance with the regulations, it shall bear the adverse consequences.

6. Standardize and simplify the procedures for determining work-related injuries and appraising labor ability. In the event of a work-related accident, the employer shall submit an application for work-related injury recognition within 30 days, and the general construction contractor shall closely cooperate and provide relevant materials such as proof of participation. If the employer fails to submit an application for work-related injury recognition within the prescribed time limit, the employee himself/herself, his/her close relatives or trade union organization may submit an application for work-related injury recognition within one year, and if the work-related injury is confirmed by the social insurance administrative department after investigation, the work-related injury benefits and other related expenses incurred during this period shall be borne by the employer to which the employee belongs. Local social insurance administrative departments and labor ability appraisal institutions should optimize the process, simplify procedures, and shorten the time for identification and appraisal. For applications for work-related injury determination where the facts are clear and the relationship between rights and obligations is clear, a work-related injury determination decision shall be made within 15 days from the date of acceptance of the application for work-related injury determination. Explore the establishment of methods for online declaration, review and delivery of materials related to work-related injury identification and labor ability appraisal to improve work efficiency.

7. Improve the policy for the payment of work-related injury insurance benefits. For construction workers who are identified as work-related injuries, social insurance agencies at all levels and employers shall pay all work-related injury insurance benefits on time and in full in accordance with the law. For construction workers who have suffered work-related injuries during the construction of the insured project and have not completed the work-related injury identification or labor ability appraisal at the time of the completion of the project, the employer shall continue to guarantee their medical treatment and statutory benefits during the suspension period, and enjoy the work-related injury insurance benefits of the insured employees in accordance with the law after the work-related injury identification and labor ability appraisal are completed; The employer where the injured employee is injured shall pay the benefits to the employer on time and in full, or in a lump sum according to his wishes. In view of the characteristics of the distribution of wage income in the construction industry, if it is difficult to calculate and pay the relevant work-related injury insurance benefits according to the salary of the person, the average salary of employees in the overall area in the previous year can be used as the calculation and payment base.

8. Implement the policy of advance payment of work-related injury insurance. In the event of a work-related injury accident in a construction project that has not participated in work-related injury insurance, the work-related injury insurance benefits shall be paid by the employee's employer in accordance with the law, and the general contractor and the construction unit shall bear joint and several liability; If the employer, the general construction contractor and the construction unit that bear joint and several liability fail to pay, the work-related injury insurance fund shall pay in advance, and the employer and the general construction contractor and construction unit that bear joint and several liability shall repay; If it is not repaid, the social insurance agency shall recover it in accordance with law.

9. Establish and improve mechanisms for pursuing joint and several liability for work-related injury compensation. If a construction unit, a general construction contractor or a subcontractor with the qualifications of an employing entity contracts a project (business) to an organization or individual that does not have the qualifications of an employing entity, and the worker recruited by the organization or individual suffers a work-related injury, the contracting unit and the organization or individual that does not have the qualifications of the employing entity shall be jointly and severally liable for compensation.

10. Strengthen publicity and training on work-related injury insurance policies. The general contractor shall, in accordance with the uniform provisions of the human resources and social security department where the project is located, make a notice board on the project's participation in work-related injury insurance, publicize it in a conspicuous position on the construction site, and arrange training courses on work-related injury prevention and work-related injury insurance policy explanation, so as to protect the right to know of the majority of construction workers, especially migrant workers, and enhance their awareness of protecting their rights in accordance with the law. Local human resources and social security departments shall, in conjunction with relevant departments, increase the publicity of work-related injury insurance policies, so that the majority of employees know the rights and interests of work-related injury insurance and related procedures they enjoy in accordance with the law. Local human resources and social security departments, in conjunction with the housing and urban-rural development departments, should actively carry out publicity and training on the prevention of work-related injuries in the construction industry, and take construction workers, especially migrant workers, as the key objects of publicity and training. Establish and improve the multi-level training system of government departments, industry associations, construction enterprises, etc., continuously improve the awareness of safety production, work-related injury rights protection and job skills of construction workers, and control and reduce safety accidents from the source.

11. Strictly investigate and deal with acts of lying and concealing accidents. In the event of a production safety accident, the relevant personnel on the site of the construction enterprise and the person in charge of the enterprise shall strictly follow the "Regulations on the Reporting, Investigation and Handling of Production Safety Accidents" and other regulations, timely and truthfully report to the safety supervision, housing and urban-rural construction and other departments with regulatory responsibilities, and do a good job in work-related injury insurance. If there is a new situation after the accident is reported, it should be reported in a timely manner. Relevant units and personnel who make false or concealed reports of accidents, and who report late or omit reports must be investigated and dealt with strictly according to law.

12. Actively give play to the role of trade union organizations in the work of protecting the rights of employees injured at work. Trade unions at all levels should strengthen the construction of grass-roots organizations, and strive to include front-line construction workers in trade union organizations through various forms such as project trade unions, trusteeship trade unions, and joint trade unions, so as to provide them with support for rights protection. Improve the professional capacity and service level of grassroots trade union organizations in protecting the rights of employees injured at work. The trade unions of qualified enterprises should set up work-related injury insurance specialists, learn and master work-related injury insurance policies, intervene in the whole process of handling work-related accidents, understand the needs of work-related injuries, track the payment process of work-related injury benefits, and supervise the implementation of the rights and interests of work-related injuries.

13. Make concerted efforts to safeguard the rights and interests of construction workers injured at work. The human resources and social security departments should actively cooperate with relevant departments to vigorously promote the participation of construction enterprises in work-related injury insurance as an important task and key work area to expand the coverage of social insurance, conduct a thorough investigation of all kinds of construction enterprises and construction projects, and strive to achieve full coverage as soon as possible. Local human resources and social security, housing and urban-rural construction, safety supervision and other departments should conscientiously perform their respective functions, investigate and deal with illegal construction, illegal subcontracting, illegal employment, non-participation in work-related injury insurance and other illegal acts in accordance with the law, further standardize the order of the construction market, and protect the rights and interests of construction workers in work-related injury insurance. Human resources and social security, housing and urban-rural construction, safety supervision and other departments and the Federation of Trade Unions should regularly organize and carry out joint supervision of the work of protecting the rights of construction workers injured at work. Relevant departments and trade union organizations should establish an inter-departmental information sharing mechanism to communicate information on project start-up, project employment, participation in work-related injury insurance, and safety production supervision in a timely manner, so as to realize the interconnection and interoperability of information such as insurance participation for construction workers, and provide effective protection for safeguarding the rights and interests of construction workers injured at work.

The protection of the rights and interests of employees in transportation, railway, water conservancy and other related industries may be carried out with reference to the provisions of this document.

Local human resources and social security, housing and urban-rural construction, safety supervision and other departments and trade union organizations shall, in accordance with national laws and regulations and the spirit of this document, formulate specific implementation plans in combination with local conditions, regularly convene coordination work meetings of relevant departments, jointly study and solve relevant difficult and key problems, and work together to protect the rights and interests of construction workers in work-related injury insurance.

Ministry of Human Resources and Social Security

Ministry of Housing and Urban-Rural Development

General Directorate of Safety Supervision

All-China Federation of Trade Unions

December 29, 2014

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