Assessments must be completed before first task begins; workers must be notified in advance
Worker representatives guaranteed participation rights; joint assessments allowed for contractors
Fines for workplaces with fewer than 50 workers take effect in 2028
Starting next year, workplaces with 50 or more full-time workers that fail to conduct risk assessments will face a fine of 5 million won ($3,730) for a first violation, rising to 10 million won for a third offense. Employers must complete assessments before work begins for the first time and must allow worker representatives to participate if they request it, coordinating on the schedule and method.
The Ministry of Employment and Labor on Wednesday issued a full revision of its administrative notice on workplace risk assessment guidelines, covering when and how assessments must be conducted.
Risk assessment is a workplace injury prevention activity in which employers and workers jointly identify and address hazardous conditions. The system was formalized in 2013, but persistent criticism that some workplaces were skipping assessments or conducting them as a mere formality prompted the government to amend the Occupational Safety and Health Act and related regulations, adding fine provisions and strengthening worker participation requirements.
The fines will apply from Jan. 1 next year to workplaces with 50 or more full-time workers and construction sites with project values of 5 billion won or more. Workplaces with fewer than 50 workers and construction sites below that threshold will come under the rules from Jan. 1, 2028. Fines for failing to conduct an assessment are set at 5 million won for a first violation, 7 million won for a second and 10 million won for a third.
Employers who fail to include workers in the assessment process, or who ignore a worker representative's request to participate, face fines of 1.5 million won for a first violation, 3 million won for a second and 5 million won for a third. The same scale applies to employers who fail to share both the assessment schedule and its results. Sharing only one of the two carries a fine of 1 million to 3 million won, while failing to record assessment results or retain them for three years draws a fine of 500,000 to 3 million won.
The timing of assessments has also been moved up. Under the previous rules, employers had up to one month after a business was established to begin an initial assessment; the revised notice requires the assessment to be completed before work starts for the first time. Ad hoc assessments triggered by changed conditions must likewise be carried out before the relevant work begins. The standard for periodic assessments shifts from "reviewed annually" to "conducted at least once a year."
Employers must notify workers of the assessment schedule in advance. Newly hired workers, or those whose tasks or work scope have changed, must be briefed on the relevant assessment results through safety and health training before they begin work. When a worker representative requests participation, the employer must consult on the schedule, method and scope and guarantee their involvement.
At subcontracting sites, primary contractors and subcontractors may each conduct separate assessments or carry one out jointly. When a joint assessment is chosen, both employers and workers from each side must take part. The ministry said the arrangement is expected to help primary contractors and subcontractors jointly identify and address hazards posed by machinery and equipment used by subcontracted workers.
The ministry plans to focus education and guidance efforts next year on workplaces with 50 or more workers, which will be subject to fines, and intends to distribute workplace guides and a frequently asked questions handbook before the end of this year. Smaller workplaces will continue to receive safety and health consulting support, and the ministry is also preparing measures to allow assessments to be conducted via mobile devices.
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