Reasons for Proposal
An precedented heatwave in Korea has posed great health hazards, such as heat-related disorders (heatstroke, heat exhaustion, etc.), especially to outdoor workers in industrial settings. However, it is difficult to respond effectively to such risks, due to insufficient regulations as to the safety and health measures necessary for the protection of workers.
Hence, this Amendment aims to prevent industrial accidents by stipulating extreme heat and cold as risk factors, defining the workers’ health injury due to such factors as a health hazard and assigning the duty of protecting workers to the business owners and contractors.
In addition, where a construction work contractor requests the extension of a construction period to protect workers and prevent industrial accidents, a business owner shall extend the period so that any losses caused by adjusting working hours or granting breaktimes to avoid working during extreme heat or cold, etc., shall not be passed on to the contractors or the workers. (Article 23, paragraph 1, subparagraph 1; Article 24, paragraph 1, subparagraph 7; Article 29; Article 29-4, paragraph 1; and Article 30, paragraph 1)
Major Provisions
Require a business owner, when running a business, to take necessary measures to prevent risks from heatwaves and other natural disasters (Article 23).
Require a business owner, when running a business, to take necessary measures to prevent health hazards from natural disasters, such as extreme heat or cold, etc. (Article 24)
Require a business owner, when a worker employed by the business owner’s contractor works in a location where there is a risk of industrial accident as specified in the Ordinance of the Ministry of Employment and Labor, such as extreme heat or cold, etc., to take measures specified in the Ordinance of the Ministry of Employment and Labor, such as the installation of safety and health facilities, etc., to prevent industrial accidents (Article 29).
Request a person who has subcontracted construction work to another person or entity to take measures to extend the construction period unless there is any special ground, where the construction work has been delayed due to extreme heat or cold, etc., and the subcontractor has requested the extension of the construction period to prevent industrial accidents (Article 29-4).