Research On The Occupational Legislation Of Helicopter Lifeguards In China

The Helicopter Rescue Service of China first appeared in the National Maritime Emergency Rescue System and entered into a rapid development period since four helicopter rescue flying units were founded respectively in the North China Sea, East China Sea and South China Sea by the Ministry of Transport, PRC. The four helicopter rescue units have been tasked to conduct the maritime rescue, the island rescue, the inland rescue and the mountain rescue missions; provided the emergency rescue standby duties for the special national security tasks and Shenzhou series of spacecraft; and undertook the air medical rescue missions. The helicopter rescue service has become the key development field of the construction of the national air emergency rescue system. As the completion of a rescue mission mainly depends on the winchmen, the career ‘Winchman'was borned and developed with a rapid speed.In recent years, apart from the flying rescue units of MOT, a variety of air emergency rescue units have been established across the country. The management methods of winchman of each unit were different from each other, which lead to a mess of the management of the career. All of these units have different requirements for recruiting standards, working standards, upgrading standards, training standards, technical level standards, assessment standards,rest requirements, reward and wages, aviation liability, etc. As the‘winchman'is a new-born career, the country lacks relative laws to protect their interests. At present, there are only two documents in connection with the career: the one is ‘Helicopter Winchman Training and Assessment Requirements' issued by the Ministry of Transport on Jan 1, 2016. The other one is ‘The Occupation Classification Ceremony of the People's Republic of China'newly revised by the Ministry of Labour and Social security in 2015. Both have no legal effect. Many problems of this career can not be solved due to the absence of laws, which is harmful not only to the vital interests of winchmen but also to the development of the country's helicopter rescue cause.In order to end the nationwide mess of the management of the career, the related legislation should be established as early as possible, and an appropriate form of legislation should be chosed firstly. As the winchman's work is all about the aerial service, which is in close connection with the civil aviation law, plus the pilots, maintanence engineers, air traffic controllers and the weathermen of all the rescue units have been monitored and managed by the Civil Aviation Authority except for the winchmen, it's necessary to bring the winchman into the management of Civl Aviation Authority. And therefore, to legislate in the perspective of Civil Aviation Law is mostly appropriate. First of all, design a legislation system, in which related laws, administrative regulations and civil aviation regulations were designed in accrodance with the level of effectiveness.And then, the legislation contents were comprehensively designed according to the winchmen's specific problems that in urgent need to be solved at present.