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Enhanced Protection Against Heat-Related Illnesses/Injuries Under OSHA – Requirements to Measure Perceived Temperature, Install Cooling Devices, Adjust Working Hours and Provide Appropriate Breaks

2025.08.04

An amendment to the Occupational Safety and Health Act (the “OSHA”), effective from June 1, 2025, established mandatory employer health measures to protect workers from heat wave-related illnesses and injuries. To implement this change, a corresponding amendment to the Rules for Occupational Safety and Health Standards (the “Safety and Health Rules”) became effective on July 17, 2025.

The implementation of the amendment was initially uncertain. The Regulatory Reform Committee had recommended removing the provision requiring “a break of at least 20 minutes for every two hours of work (at heat index temperatures of 33°C or higher).” However, the Ministry of Employment and Labor (the “MOEL”) successfully argued in favor of the original proposal, citing the urgency of protecting workers’ lives and health amid forecasts of an exceptionally severe summer heat wave. As a result, the regulatory review was completed on July 11, 2025, and the original proposal was passed.

The MOEL has outlined the final, detailed employer health measures in the amended Safety and Health Rules as summarized below:
 

 

Category

Amendment to Safety and Health Rules

Legal Definition
(Newly Added: Art. 558 (4), 559 (4))

“Heat waves” are hot weather conditions that can lead to health issues for workers, such as heat cramps, heat exhaustion or heat strokes.

“Work in heat waves” describes long-term work conducted in environments where the heat index temperature reaches 31°C (approximately 88°F) or higher due to heat waves.

Measures for Work in Temperatures of 31°C or Higher
(Newly Added: Art. 560 (2), (3))
   

When workers are expected to work in temperatures of 31°C or higher

Employers must implement at least one of the following three measures:

(i)

Install temperature and humidity control systems to ensure proper air conditioning and ventilation.

(ii)

Adjust workers’ working hours or implement equivalent measures to minimize exposure to heat.

(iii)

Provide workers with adequate breaks.

However, if workers must continue working at a heat index temperature of 31°C or higher despite the implementation of measures (i) or (ii), employers must also implement measure (iii).

When workers are expected to work in temperatures of 33°C or higher

Principle

Allow a break of at least 20 minutes for every two hours of work.

Exception

In situations where it is exceptionally challenging to provide employees with breaks due to the nature of the work, such as in continuous processes, employers must take measures to help regulate workers’ body temperature. These measures can include supplying or operating personal air conditioning or ventilation equipment, or providing and allowing the use of personal cooling devices.

General Preventive Measures
(Fully Amended: Art. 562 (2), (3))

When workers are expected to work during heat waves, employers must:

(i)

Have a thermometer and hygrometer available at all times at the primary workplace.

(ii)

Inform workers in advance of the symptoms and prevention of heat-related illnesses, as well as appropriate emergency response measures.

(iii)

Document and maintain daily records of the measured heat index temperatures and any response measures implemented.

(iv)

If a worker is suspected of having a heat-related illness, such as heat stroke, report it to the fire department (by calling 119) and take other appropriate actions.

 

Further, the MOEL is recommending additional measures beyond the mandatory rules, such as providing a 15-minute break in a designated rest area every hour when the heat index temperature exceeds 35°C. The MOEL has also announced that it will strengthen its preventive activities at the government level, by (i) providing financial support to small, high-risk businesses for equipment, including portable air conditioners and ice machines, and (ii) conducting unannounced inspections at approximately 4,000 high-risk workplaces from July 21 to September 30. These inspections will target businesses where heat-related illnesses have occurred or violations have been reported, with a focus on high-risk industries (e.g., construction, shipbuilding, logistics and delivery) and workplaces employing a large number of migrant workers. During these visits, inspectors will verify compliance with the “five key safety rules for heat waves” (i.e., water, cooling systems, breaks, cooling gear and 119 reporting) along with the mandatory installation of rest facilities.

Businesses are therefore encouraged to review their work environments and ensure compliance with these new requirements to prevent serious accidents and prepare for the unannounced inspections.

 

[Korean Version]

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