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Who is responsible for sleeping at night?

Xiaopan was a crew member of a shipping company based in Wanzhou. In July 2010, he was responsible for transporting coal from Chongqing to Chenglingji Port in Hunan Province. During the trip, the ship was docked at the port, and the crew members were staying on board. On the evening of July 31, the weather was extremely hot, so the crew took a break on the deck. Xiaopan, who was working as a mechanic, leaned against the railing on the second-floor deck of the ship’s stern. He had a simple bed with a wooden bench and a refrigerator nearby. While others returned to their cabins, Xiaopan chose to sleep on the deck. At around 4 a.m., he fell from the second floor to the first deck below. The injury resulted in a fracture and dislocation of the first and second cervical vertebrae, along with spinal cord damage at those levels. He was left with quadriplegia and was later identified as having an eighth-level disability. The incident was initially classified as a work-related injury. However, the shipping company only covered his medical expenses and refused to provide further compensation, arguing that Xiaopan violated company rules by sleeping on the deck instead of using the designated dormitory. They claimed that since he wasn’t working at the time of the accident, it shouldn’t be considered a work injury. The local labor department denied the claim, stating that it did not qualify as a work-related injury. Xiaopan and his family were dissatisfied and filed an administrative lawsuit in Wanzhou District Court. During the trial, the shipping company argued that the injury occurred outside of working hours and therefore should not be recognized as a work-related incident. However, the court ruled that the three key elements for a work injury are workplace, working hours, and work-related reasons. Since the crew’s daily life and work were confined to the ship, the entire vessel was considered their workplace. Furthermore, the court noted that the crew worked under non-fixed schedules and were always on duty, including during rest periods. Although Xiaopan violated company regulations by sleeping on the deck, this was considered a disciplinary issue, not a reason to exclude the injury from being classified as work-related. The court ultimately overturned the labor department’s decision and ordered a new administrative review. The shipping company appealed the ruling twice, but both courts upheld the original judgment. Legal experts highlighted that while the act of sleeping may seem unrelated to work, the nature of seafaring is unique. According to the Crew Regulations of the People's Republic of China, crew members live and work on the ship, which makes their work environment distinct. Therefore, injuries sustained during rest periods on board can still be considered work-related. Lawyer He Tianqiang from Chongqing Shenda Law Firm emphasized that although sleeping might not directly relate to active work, it is part of the broader context of a crew member’s duties. He pointed out that night-shift workers often need to rest, and such situations are generally accepted in practice. However, he also stressed the importance of safety measures and discipline on board, suggesting that better management could have prevented the incident. This case underscores the complexity of defining work-related injuries in industries where work and rest are closely intertwined. It also highlights the need for clear policies and proper supervision to ensure the safety of employees in high-risk environments. Copyright Statement: This article is reproduced from online media and represents only the author's opinion. It has nothing to do with this site. If news articles and comments infringe your legal rights, please call us and we will handle it in a timely manner.

Electric Gate Valve

An electric Gate Valve is a type of valve that uses an Electric Actuator to open and close the gate of the valve. The gate is a flat or wedge-shaped piece that moves perpendicular to the flow of the fluid. When the valve is open, the gate is lifted or pushed aside to allow the fluid to pass through. When the valve is closed, the gate is lowered or pressed against the valve seat to prevent the fluid from flowing.

Electric gate valves are commonly used in industrial applications where precise control of the fluid flow is required. They are often used in pipelines, water treatment plants, oil and gas refineries, and chemical processing plants. The electric actuator allows for remote control of the valve, which can be operated from a control room or a computerized system. This makes it easier to monitor and adjust the flow of the fluid, which can improve efficiency and reduce the risk of leaks or spills.

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