[비즈한국] Amid a rising number of heat-related deaths among construction and delivery workers due to increasing heatwaves, a legal amendment mandating rest periods for workers during heatwave conditions has come into effect.
An amendment to the "Rules on Occupational Safety and Health Standards," which outlines employer obligations for workers performing "heatwave-related work," went into effect on the 17th. This amendment passed a regulatory review by the Ministry of Employment and Labor’s Regulatory Reform Committee on the 11th. From now on, when workers perform "heatwave-related work" in places with a feels-like temperature of 33 degrees Celsius or higher, employers must provide them with a rest period of at least 20 minutes every 2 hours.
Heatwave-related work refers to instances where work is performed for long periods in places where the feels-like temperature is 31 degrees Celsius or higher. During such work, employers must operate temperature and humidity control equipment such as air conditioning or ventilation systems at the workplace, or adjust working hours to reduce workers' exposure to the heat. When performing heatwave-related work in places where the feels-like temperature is 33 degrees Celsius or higher, a rest period of at least 20 minutes must be provided within every 2-hour interval. However, if providing a break is extremely difficult due to the nature of the work, it can be substituted by providing and operating personal cooling or ventilation devices, or providing and wearing personal cooling equipment.
In addition, employers must keep thermometers and hygrometers in the workplace at all times and inform workers of symptoms of heat-related illnesses, preventive measures, and emergency response procedures before they begin heatwave-related work. Records of the workplace’s feels-like temperature and measures taken must be kept daily until the end of the year.
Violations can lead to up to 5 years in prison or fines of up to 50 million won. If a death occurs, it can result in up to 7 years in prison or fines of up to 100 million won. In particular, if a management executive fails to implement heatwave prevention measures and a death or heatstroke occurs, the Serious Accidents Punishment Act applies. This can lead to imprisonment of at least 1 year or fines of up to 1 billion won for deaths, and up to 7 years in prison or fines of up to 100 million won for heatstroke cases.
Initially, the Ministry of Employment and Labor had pre-announced the partial amendment to the rules from January 22 to March 4 of this year, intending to implement it on June 1 to coincide with the date the legal amendment took effect. However, the Regulatory Reform Committee twice requested a review, claiming that the employer's obligation to provide a break of at least 20 minutes every 2 hours when the feels-like temperature reaches 33 degrees Celsius was excessive. Ultimately, the amendment to the Rules on Occupational Safety and Health Standards only passed the Regulatory Reform Committee's review on the 11th, after a change in administration.
The Ministry of Employment and Labor plans to conduct unannounced guidance and inspections on whether the "5 Basic Rules for Heatwave Safety" are being followed, focusing on 60,000 high-risk workplaces. Kwon Chang-joon, Vice Minister of Employment and Labor, stated, "As providing a rest period of at least 20 minutes every 2 hours during heatwave-related work is a legal obligation, we will mobilize all administrative resources to ensure it is strictly enforced."