New Requirement for Workplace Health and Safety Experts and Occupational Physicians for Small and Low-Risk Workplaces

New Requirement for Workplace Health and Safety Experts and Occupational Physicians for Small and Low-Risk Workplaces

According to Article 6331 of the Occupational Health and Safety Law, businesses are required to appoint a Workplace Safety Expert and an Occupational Physician to provide health and safety services. This rule, initially for businesses with 50 or more employees, has been extended to businesses with fewer than 50 employees in lower-risk workplaces starting from January 1, 2025.

The implementation of this regulation, which was initially set to begin on December 31, 2024, has now been postponed until January 1, 2025.

Summary of Key Points:

a. The Obligation to Appoint a Safety Expert and Occupational Physician

Employers are required to assign a workplace safety expert and an occupational physician from their workforce if they are available. If such qualified personnel are not present, employers may fulfill the requirement by obtaining services from shared health and safety units or external health and safety providers.

However, if employers can meet the necessary qualifications and hold the required certificates, they may independently manage the service provision for workplaces with fewer than 50 employees. These individuals must also complete the required training and certification programs to perform their duties.

Employees in workplaces that do not meet the qualifications may be appointed to perform workplace health and safety services, as long as they have the necessary training and certifications. These services may include periodic health checks and professional risk assessments.

b. Determining the Number of Employees for the 50-Employee Threshold

When determining whether a business falls under the 50-employee rule, the following considerations should be taken into account:

• Full-time workers, part-time workers, and trainees (excluding those with student status) all count toward the employee total.

• Employees working under sub-contracted or shared employment arrangements also count.

• The number of employees should be considered based on the official records held with the Social Security Institution, which is the authority for employee registrations.

Employers should ensure that the correct number of employees is counted, as this will directly impact whether the health and safety service requirement is applicable.

c. Penalties for Non-Compliance

Employers who fail to appoint a workplace safety expert and/or an occupational physician for workplaces with 10-49 employees may face fines starting in 2025. The fines will be based on the breach of the law, and the amount will be set according to the penalties defined in Article 6331 of the Occupational Health and Safety Law.

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