0 00:00:04.380 --> 00:00:11.605 Resting facilities are facilities that workers can use during breaks 1 00:00:11.605 --> 00:00:14.866 to relieve physical fatigue and mental stress 2 00:00:14.866 --> 00:00:21.887 and include rest areas such as outdoor shade as well as indoor rest facilities 3 00:00:21.887 --> 00:00:27.800 The employer shall manage the rest facilities comfortably 4 00:00:27.800 --> 00:00:31.830 with appropriate furniture and equipment so that workers can rest 5 00:00:31.830 --> 00:00:37.751 Rest facilities must be installed in all businesses from August 18, 2022 6 00:00:37.751 --> 00:00:45.145 In accordance with Article 128-2 (1) of the Occupational Safety and Health Act 7 00:00:45.145 --> 00:00:52.335 rest facilities must be installed in all businesses regardless of the type and size of the project from August 18, 2022 8 00:00:52.335 --> 00:01:01.049 In accordance with attached Table 21-2 of Article 194 (2) of the Enforcement Rules of the Occupational Safety and Health Act 9 00:01:01.049 --> 00:01:06.347 part of the standards for the installation and management of rest facilities shall not be applied in the following cases 10 00:01:06.347 --> 00:01:14.990 In cases where the total area for exclusive use of the workplace is less than 300 square meters 11 00:01:14.990 --> 00:01:19.959 it is difficult to have rest facilities indoors due to the nature of work 12 00:01:19.959 --> 00:01:25.036 such as irregular workplaces or no electricity are excluded from standards of Articles 1 and 2 13 00:01:25.036 --> 00:01:32.990 In cases where simple rest facilities such as shade screens are installed are excluded from the standards under Articles 3 through 6 14 00:01:32.990 --> 00:01:40.873 and in cases where rest facilities are installed on ships under construction are excluded from the standards of Article 4 15 00:01:40.873 --> 00:01:44.615 Even if you only use office workers who work in the office 16 00:01:44.615 --> 00:01:52.308 rest facilities should be installed to ensure free rest during breaks 17 00:01:52.308 --> 00:02:01.543 However, if you can rest peacefully without any interference and disturbance in the workplace during the break 18 00:02:01.543 --> 00:02:07.157 you do not have to install a separate rest facility for office workers 19 00:02:07.157 --> 00:02:13.702 Even in this case, it is limited to only when the rest and work time can be strictly separated 20 00:02:13.702 --> 00:02:22.353 and if the break is disturbed by phone calls, intermittent visits by work personnel, etc., even temporarily 21 00:02:22.353 --> 00:02:26.620 a separate rest facility should be installed 22 00:02:26.620 --> 00:02:29.900 The employer refers to a person who employs a worker 23 00:02:29.900 --> 00:02:35.335 and is obligated to install rest facilities that workers can use during their breaks 24 00:02:35.335 --> 00:02:40.637 Special types of workers who do not enter into labor contracts are excluded 25 00:02:40.637 --> 00:02:47.131 Here, the break time means the break time stipulated in Article 54 of the Labor Standards Act 26 00:02:47.131 --> 00:02:54.166 According to Article 54 of the Labor Standards Act, employers must give at least 30 minutes of rest time for four hours of work 27 00:02:54.166 --> 00:03:00.703 and at least 1 hour of rest time for eight hours of work to workers during the work time 28 00:03:00.703 --> 00:03:05.658 and workers must be able to use this break freely 29 00:03:05.658 --> 00:03:13.687 If a contract is signed, all of the contractor, that is, the employer, the contractee, and the related contractee must install rest facilities 30 00:03:13.687 --> 00:03:17.714 and are obligated to comply with installation and management standards 31 00:03:17.714 --> 00:03:21.534 A contractor refers to a business owner 32 00:03:21.534 --> 00:03:26.285 who contracts for the manufacture, construction, repair, or provision of services of goods 33 00:03:26.285 --> 00:03:29.926 except for those who placed an order for construction work 34 00:03:29.926 --> 00:03:35.066 A contractee refers to a business owner 35 00:03:35.066 --> 00:03:40.528 who has contracted from a contractor to manufacture, construct, repair, or provide services 36 00:03:40.528 --> 00:03:44.717 A related contractee refers to all the business owners 37 00:03:44.717 --> 00:03:49.282 who have been contracted at each stage if the contract is concluded at several stages 38 00:03:49.282 --> 00:03:53.069 According to the provisions of Industrial Accident Prevention Measures under Contract, 39 00:03:53.069 --> 00:03:59.416 the contractor must provide a place necessary for the installation of rest facilities 40 00:03:59.416 --> 00:04:07.579 wash, bath facilities, laundry facilities, changing facilities, and sleeping facilities, 41 00:04:07.579 --> 00:04:15.077 or cooperate to use sanitary facilities installed by the contractor when the related contractee works at the contractor's workplace 42 00:04:15.077 --> 00:04:19.168 Penalties of up to 15 million won will be imposed for violations 43 00:04:19.168 --> 00:04:26.676 with the first 5 million won, the second 10 million won, and the third 15 million won 44 00:04:26.676 --> 00:04:29.759 Let's find out how to install rest facilities 45 00:04:29.759 --> 00:04:35.982 First, for sizes, there are minimum floor area and height up to the ceiling 46 00:04:35.982 --> 00:04:41.355 The floor area of the rest facility shall be at least 6 square meters 47 00:04:41.355 --> 00:04:49.748 and for the joint rest facility, the minimum floor area shall be 6 square meters multiplied by the number of businesses 48 00:04:49.748 --> 00:05:00.018 And the height from the floor to the ceiling of the rest facility must be at least 2.1m at all points 49 00:05:00.018 --> 00:05:07.929 Joint rest facilities refer to cases in which the employer of a workplace obligated to install rest facilities installs it 50 00:05:07.929 --> 00:05:14.456 and operate it jointly with other employers so that workers in each workplace can use them 51 00:05:14.456 --> 00:05:21.101 For example, a large number of companies in industrial complexes or knowledge industry centers 52 00:05:21.101 --> 00:05:28.323 or a large number of companies in large distribution centers, can jointly install them 53 00:05:28.323 --> 00:05:35.704 Therefore, if the minimum area is not met, it will be a violation of the standard for installing rest facilities 54 00:05:35.704 --> 00:05:42.221 and if many are installed, all rest facilities should be at least the minimum area 55 00:05:42.221 --> 00:05:46.660 However, if there is no wall or pillar by installing a simple rest facility such as a shade 56 00:05:46.660 --> 00:05:54.011 the minimum area will be judged by using the floor area as the area seen 57 00:05:54.011 --> 00:06:01.623 when looking down from the sky surrounded by a line 1 meter inside the end of the roof 58 00:06:01.623 --> 00:06:06.752 If it is determined as an area, the agreed area will be the minimum floor area 59 00:06:06.752 --> 00:06:15.536 The minimum area of rest facilities for each workplace shall be determined in consultation with the representative of the worker 60 00:06:15.536 --> 00:06:21.452 in consideration of the characteristics of the workplace, such as shift work and rest types, rest cycles, and the number of simultaneous users 61 00:06:21.452 --> 00:06:26.951 If the size of rest facilities for workers who wish to use rest facilities is determined in consultation with the representative of the worker 62 00:06:26.951 --> 00:06:35.522 that area shall be the minimum floor area of the rest facilities 63 00:06:35.522 --> 00:06:42.799 If the size determined through consultation with the worker's representative is not met, it is subject to a fine 64 00:06:42.799 --> 00:06:49.459 Therefore, employers may use the labor-management council under Article 3 of the Workers Participation and Cooperation Promotion Act 65 00:06:49.459 --> 00:06:54.454 the Occupational Safety and Health Committee under Article 24 of the Industrial Safety and Health Act 66 00:06:54.454 --> 00:06:59.383 or consult with workers' elected representatives 67 00:06:59.383 --> 00:07:04.865 For joint rest facilities, the size and location of joint rest facilities 68 00:07:04.865 --> 00:07:09.584 should be determined through consultation between the employer 69 00:07:09.584 --> 00:07:18.736 and the worker's representative at each workplace 70 00:07:18.736 --> 00:07:23.339 after deciding to install a joint rest facility with other employers 71 00:07:23.339 --> 00:07:29.233 The minimum floor area of a joint resting facility that can be determined in consultation with the worker's representative 72 00:07:29.233 --> 00:07:31.874 shall be at least 6 square meters 73 00:07:31.874 --> 00:07:38.111 Simultaneous employees means the maximum sum of the number of workers using rest facilities 74 00:07:38.111 --> 00:07:44.832 The number of simultaneous employees can be determined in consultation with the representative of the worker 75 00:07:44.832 --> 00:07:48.209 in consideration of workplace conditions such as rest periods, shift work, and number of workers 76 00:07:48.209 --> 00:07:51.519 The cases where exclusion from simultaneous employees happen are 77 00:07:51.519 --> 00:07:57.434 shift workers can be excluded except for one group 78 00:07:57.434 --> 00:08:01.156 and they can be excluded even if the rest cycle is different 79 00:08:01.156 --> 00:08:11.419 For example, if there are three shifts per day, 20 people in Group A work from 07:00 to 15:00, 20 people in Group B from 15:00 to 23:00 80 00:08:11.419 --> 00:08:19.872 and 20 people in Group C from 23:00 to 07:00, how many people would be the simultaneous employees? 81 00:08:19.872 --> 00:08:21.225 It'll be 20 people 82 00:08:21.225 --> 00:08:27.040 Also, if there are 20 workers with break time from 11:30 to 12:30 83 00:08:27.040 --> 00:08:35.249 and 20 workers with break time from 12:30 to 13:30, the simultaneous employees will be 84 00:08:35.249 --> 00:08:36.844 20 people 85 00:08:36.844 --> 00:08:43.367 In addition, if you work in an office or similar work space as an office worker 86 00:08:43.367 --> 00:08:52.066 you can be excluded from the simultaneous employees if you are not disturbed by any tasks 87 00:08:52.066 --> 00:08:55.468 such as interested parties visiting or talking on the phone during the break 88 00:08:55.468 --> 00:09:00.298 It can also be excluded if you are usually working outside the workplace 89 00:09:00.298 --> 00:09:05.788 such as a regular outdoors worker or a customer service driver 90 00:09:05.788 --> 00:09:11.709 Rest facilities are recommended to be installed separately for men and women as much as possible 91 00:09:11.709 --> 00:09:14.828 but when installing open rest facilities 92 00:09:14.828 --> 00:09:19.789 It is not necessarily compulsory to install them separately by gender 93 00:09:19.789 --> 00:09:25.501 In addition, if it is difficult to install a separate rest facility due to space constraints 94 00:09:25.501 --> 00:09:34.043 the space may be separated through partition installation so that there is no inconvenience in the use of men and women 95 00:09:34.043 --> 00:09:40.121 The location of the rest facility should be convenient for workers and should be installed in close proximity 96 00:09:40.121 --> 00:09:47.472 Rest facilities should be located close to the workplace so that workers can use them during breaks 97 00:09:47.472 --> 00:09:54.689 In addition, considering the break time of the workplace, workers and management should consult 98 00:09:54.689 --> 00:10:01.668 and find a place close enough to be a rest facility, not long for it to take to arrive at the rest facility 99 00:10:01.668 --> 00:10:05.975 on foot or by bicycle 100 00:10:05.975 --> 00:10:12.451 Joint rest facilities should be located in a place where the time taken to travel from each workplace 101 00:10:12.451 --> 00:10:17.809 to the rest facility does not exceed 20% of the rest time 102 00:10:17.809 --> 00:10:24.164 However, if an additional break time is granted even if it exceeds 20% of the break time 103 00:10:24.164 --> 00:10:30.504 the additional break time is considered to determine whether to impose a fine 104 00:10:30.504 --> 00:10:36.171 However, if it is difficult to install rest facilities in the workplace due to space constraints 105 00:10:36.171 --> 00:10:39.228 rest facilities can be installed close to the workplace through 106 00:10:39.228 --> 00:10:45.745 labor-management consultations to the extent that rest time is sufficiently guaranteed 107 00:10:45.745 --> 00:10:52.957 Rest facilities can be installed outside the workplace if additional rest hours are given 108 00:10:52.957 --> 00:10:57.804 in consideration of the time it takes to get to and back from the rest facility 109 00:10:57.804 --> 00:11:03.807 And the rest area should be located in a safe place away from harmful and dangerous places 110 00:11:03.807 --> 00:11:07.474 However, if there is no risk of damage from fire or explosion 111 00:11:07.474 --> 00:11:16.508 and is blocked with a partition wall to prevent exposure to health hazards caused by dust, noise and harmful substances 112 00:11:16.508 --> 00:11:21.189 it can be considered a place away from harmful or dangerous places 113 00:11:21.189 --> 00:11:28.190 For temperature, humidity and lighting, it must have the ability to comply with appropriate standards 114 00:11:28.190 --> 00:11:36.625 The temperature should be equipped with cooling and heating functions to maintain the appropriate temperature of 18-28℃ 115 00:11:36.625 --> 00:11:46.423 and the humidity should be equipped with a humidity control function to maintain the appropriate humidity of 50-55% 116 00:11:46.423 --> 00:11:51.403 However, except when the Minister of Employment and Labor acknowledges that 117 00:11:51.403 --> 00:11:57.940 it is difficult to maintain proper humidity due to the temporary high or low relative humidity in the atmosphere 118 00:11:57.940 --> 00:11:59.963 In addition, the lighting 119 00:11:59.963 --> 00:12:07.058 should be equipped with a lighting control function that can maintain an appropriate brightness of 100 to 200 lux 120 00:12:07.058 --> 00:12:12.243 Temperature, humidity, and lighting do not always have to fall into the standards 121 00:12:12.243 --> 00:12:16.066 but they must have the ability to maintain them 122 00:12:16.066 --> 00:12:21.817 For example, you don't have to keep the lights at 100-200 lux all the time 123 00:12:21.817 --> 00:12:27.896 but must have on and off functions to meet that level 124 00:12:27.896 --> 00:12:31.240 It should also be ventilated through windows and the like 125 00:12:31.240 --> 00:12:38.070 Ventilation means air circulation by introducing external air and discharging internal air 126 00:12:38.070 --> 00:12:43.901 If ventilation is possible through windows, ventilators, air conditioning systems, etc. 127 00:12:43.901 --> 00:12:50.335 and there is a risk of automobile fumes or other pollutants entering the room from the outside 128 00:12:50.335 --> 00:12:59.237 appropriate measures should be taken, such as rearranging air inlets such as vents, windows, and doors 129 00:12:59.237 --> 00:13:04.370 When it comes to equipment and management, chairs must be provided first 130 00:13:04.370 --> 00:13:07.273 In principle, chairs should be installed 131 00:13:07.273 --> 00:13:15.366 but if the rest facility is installed and operated in a sitting manner, it is okay not to be installed 132 00:13:15.366 --> 00:13:20.021 And it should be equipped with drinkable water or drinking water facilities 133 00:13:20.021 --> 00:13:27.896 In principle, drinking water facilities such as drinking water and water purifiers should be provided in rest facilities 134 00:13:27.896 --> 00:13:31.163 You must also designate a person in charge of the rest facility management 135 00:13:31.163 --> 00:13:35.656 The employer must designate a person in charge of the management of the rest facility 136 00:13:35.656 --> 00:13:42.799 and even when jointly installing the rest facility, a person in charge of management must be designated for each place of business 137 00:13:42.799 --> 00:13:48.192 It is recommended that the person in charge of the management of the rest facility check the installation and management of the rest facility 138 00:13:48.192 --> 00:13:55.977 and prepare a rest facility management ledger recording the contents and keep it in the rest facility 139 00:13:55.977 --> 00:13:59.320 Resting facilities must not be used for other purposes 140 00:13:59.320 --> 00:14:06.052 During breaks, the rest facility should not be used for other purposes, so that there are no fear of disturbing the rest 141 00:14:06.052 --> 00:14:14.236 Therefore, smoking rooms and equipment warehouses that must be used only for specific purposes are not recognized as rest facilities 142 00:14:14.236 --> 00:14:21.693 However, it is a principle to use rest facilities separately from conference rooms, education rooms, and counseling rooms 143 00:14:21.693 --> 00:14:26.676 If it is difficult to install a rest facility separately due to a lack of physical space 144 00:14:26.676 --> 00:14:31.791 It can be considered that a rest facility has been installed if the time of use is clearly separated 145 00:14:31.791 --> 00:14:38.977 for a meeting room that meets the management standards through consultation of the workers and employer 146 00:14:38.977 --> 00:14:45.980 In this case, if the worker's free rest is not guaranteed, even temporarily or intermittently 147 00:14:45.980 --> 00:14:48.939 a separate rest facility should be installed 148 00:14:48.939 --> 00:14:56.853 For example, in the case of construction sites, using safety training centers, it can be used as rest facilities during breaks 149 00:14:56.853 --> 00:15:04.310 or general restaurants or general stores can be used as rest facilities during break times 150 00:15:04.310 --> 00:15:11.303 and changing rooms can be classified as rest facilities other than changing times 151 00:15:11.303 --> 00:15:15.109 Penalties will be imposed if you violate the obligation to install rest facilities 152 00:15:15.109 --> 00:15:19.956 Businesses that are subject to fines for not having rest facilities 153 00:15:19.956 --> 00:15:26.235 or failing to comply with installation and management standards are those that use more than 20 full-time workers 154 00:15:26.235 --> 00:15:34.559 and in the construction industry, with the total construction cost being 2 billion won or more and with more than 10 full-time workers 155 00:15:34.559 --> 00:15:43.237 with more than two workers in seven occupations under the Korean Standard Vocational Classification 156 00:15:43.237 --> 00:15:53.530 According to the Korean Standard Classification of Occupations, seven occupational workers refer to telephone counselors, care service workers, telemarketers 157 00:15:53.530 --> 00:16:01.053 delivery workers, cleaners and sanitation workers, apartment guards, and building security 158 00:16:01.053 --> 00:16:04.263 According to the criteria for imposing fines, if you do not have a rest facility 159 00:16:04.263 --> 00:16:10.971 you will be charged 15 million won each for the first violation, the second violation, and the third or more violation 160 00:16:10.971 --> 00:16:15.090 If you do not comply with the standards for installing and managing rest facilities 161 00:16:15.090 --> 00:16:22.428 500,000 won will be charged for the first violation, 2.5 million won for the second violation, 162 00:16:22.428 --> 00:16:25.354 and 5 million won for the third violation per violation 163 00:16:25.354 --> 00:16:32.070 For example, there are two violations of No. 2, Location and No. 5, and lighting violations 164 00:16:32.070 --> 00:16:39.440 so the first violation standard is 2 cases × 500,000 won, and a fine of 1 million won will be imposed 165 00:16:39.440 --> 00:16:45.727 The imposition of fines varies depending on the number of regular workers and the construction amount 166 00:16:45.727 --> 00:16:49.093 Workplaces with more than 50 full-time workers 167 00:16:49.093 --> 00:16:58.300 and workplaces with more than 5 billion won in total construction costs will be implemented from August 18, 2022 168 00:16:58.300 --> 00:17:04.986 workplaces with more than 20 and less than 50 full-time workers 169 00:17:04.986 --> 00:17:15.444 and workplaces with more than 2 billion won and under 5 billion won in total construction costs will be implemented from August 18, 2023 170 00:17:15.444 --> 00:17:24.487 and workplaces with more than 10 and less than 20 full-time workers with more than two or more workers of the seven occupational workers 171 00:17:24.487 --> 00:17:28.723 will be implemented from August 18, 2023 172 00:17:28.723 --> 00:17:32.507 Workplaces or construction sites that use workers before the implementation date of the system 173 00:17:32.507 --> 00:17:40.983 shall install rest facilities according to the implementation date and comply with the installation and management standards