The recent heat waves have resulted in a sharp increase in cases where construction workers, parcel service workers, delivery workers, etc., working in heat-vulnerable environments have died or suffered from heat-related illnesses such as heat exhaustion.

According to the Korea Centers for Disease Control and Prevention, heat-related illnesses struck 2,967 people between May 20 and August 3, 2018, of which 35 died. Five workers have died from heat-related illnesses this year alone according to the Ministry of Employment and Labor, indicating that heat waves are a serious risk factor to worker safety.

Practitioners of occupational and environmental medicine recommend guaranteeing workers’ right to stop working when heat wave damage is likely. Based on cases from such countries as Germany, Canada, and China, labor groups also demand a guarantee of the right to stop or refuse work in the event of an emergency situation that may endanger worker safety.

Accordingly, the Amendment newly inserts the right to stop work, which allows workers to immediately stop working and evacuate when an alert has been issued for a disaster pursuant to the Framework Act on the Management of Disasters and Safety. It newly inserts the right to refuse work, which allows workers to refuse compulsory work orders in situations where the lives, safety, and health of employees are not protected. It also allows workers and business owners to request the Occupational Safety and Health Committee to carry out an investigation where there is a difference of opinion regarding the safety and health situation, thereby aiming to increase protection for the lives and safety of employees.

Details

A. Add to the list of health measures any health disorder resulting from outdoor work performed for long periods under such weather situations as heat/cold waves, etc., and any health disorder caused by yellow dust, particulates, and fine particulates, etc. (Article 24, paragraph 1, subparagraphs 7 and 8 newly inserted)

B. Prescribe a right to stop work, which allows workers to stop work and evacuate when an alert has been issued for a disaster pursuant to the Framework Act on the Management of Disasters and Safety (Article 26, paragraph 1)

C. Allow employees to refuse when the business owner gives instructions to perform work that violates the safety guidelines or other safety standards of the industrial site and may endanger the lives or health of the employees (Article 26, paragraph 3 newly inserted)

D. Require business owners to investigate the work site in the presence of a representative of employees, take safety and health measures or other necessary actions, and inform the employees concerned or the representative of employees of the results thereof when a worker has stopped working or refused to perform work; and allow workers to refuse to resume the work if it is deemed that the measures taken by the business owner do not protect their safety and health (Article 26, paragraph 4 newly inserted)

E. Allow employees and business owners to request the Occupational Safety and Health Committee to conduct an investigation where there is a difference of opinion between employees and the business owner in relation to work that has been stopped or refused by employees (Article 26, paragraph 6)

Expand business owners’ health and safety obligations for health disorder prevention to include heat/cold waves and yellow dust, etc. (Article 24)

Require business owners to stop work and take safety and health measures when an alert has been issued for a disaster pursuant to the Framework act on the Management of Disasters and Safety (Article 26)

Newly insert penalties against business owners who, in violation of Article 26, paragraph 5, have reduced wages, dismissed employees, or taken other adverse action for stopping or refusing work (Article 67-2, paragraph 1 newly inserted)