1. Reason for proposal
It is intended to revise the approval standard and approval withdrawal standard on surveillance/intermittent workers for the sufficient protection of workers with reflection of work properties of workers.
2. Main content
A. Detailed standard is prepared on the rest facilities to be equipped for approval of surveillance/intermittent workers (Article 68(1)4. and 68(2)3. of draft)
① Heating/Cooling facilities shall be equipped to maintain adequate indoor temperature (20-28℃ in summer and 18-22℃ in winter).
② Workers shall not be exposed to harmful materials or noise at a level that makes it difficult to sleep and take rests.
③ Rest facilities shall be equipped with minimum supplies including drinking water, cleanliness shall be maintained through cleaning, etc., and shall not be used as a space to store materials.
④ Rest facilities shall be equipped with sufficient space and necessary materials, including bedding, etc. to sleep or take rests if sleep or rest time is guaranteed at nighttime.
B. Detailed standard is prepared on the working condition to be made for approval of surveillance/intermittent workers (Article 68(1)5. and 68(2)4. of draft)
① Rest time(including sleeping hours) of workers shall be shorter than work hours unless unavoidable, due to the properties of the workplace being accepted, and leaving the workplace is allowed during rest time.
② Rest time shall be guaranteed by posting external notice boards, turning lights off, and guiding customers (residing persons).
③ No less than four (4) days of leave shall be guaranteed.
C. In case of approval of surveillance/intermittent workers, separate withdrawal standard shall be established for possible withdrawal in each of the below cases (Article 68(6) of draft).
① Case that the employer violated the approval standard under Article 68(1) or 68(2).
② Case that the employer got approval with a lie or by an illegal method.
D. The instruction shall be enforced on October 1, 2021. (Addenda)
① The provisions on revision under Article 68(1) and 68(2) shall be applied when a request is made for exclusion of surveillance/intermittent workers from application.
② The provisions on revision under Article 68(6)1. shall be applied when previous approval standard was violated in relation to the approval of exclusion of surveillance/intermittent workers from application.