Crackdown on Perfunctory Risk Assessments... Employers Who Fail to Conduct Them Face Fines of Up to KRW 10 Million

The government is strengthening the risk assessment system, under which employers identify and address hazardous and dangerous factors together with workers. Employers who fail to conduct a risk assessment or involve workers in it will face administrative fines of up to KRW 10 million. Employers will also be required to ensure worker participation when requested by a worker representative. The deadline for conducting the assessment will be moved up from within one month of a business being established to before work begins for the first time.

The Ministry of Employment and Labor said on November 4 that it had issued a fully revised notice on the “Guidelines on Risk Assessments in Workplaces.” The revision follows amendments to the Occupational Safety and Health Act, its Enforcement Decree, and its Enforcement Rules. It focuses on strengthening worker participation and employer accountability and making risk assessments more effective.

A risk assessment is a voluntary accident-prevention activity in which employers identify and address hazardous and dangerous factors in the workplace together with workers. Although the system was established in 2013, concerns have persisted that some workplaces either fail to conduct assessments or carry them out as a mere formality. In response, the government has pursued changes to the system, including introducing administrative fines and expanding workers’ participation rights.

A participating company demonstrates a fall-protection device at the 2026 Korea Construction and Safety Expo, held on the 14th at KINTEX in Goyang, Gyeonggi Province. Yonhap News Agency

Under the revised notice, employers who fail to conduct a risk assessment will face administrative fines of KRW 5 million for a first violation, KRW 7 million for a second, and KRW 10 million for a third. Employers who fail to involve workers or refuse a worker representative’s request to participate will each face fines ranging from KRW 1.5 million for a first violation to KRW 5 million for a third.

Administrative fines will also apply if employers fail to share the assessment schedule and results with workers. If neither is shared, the fine will be KRW 1.5 million for a first violation, KRW 3 million for a second, and KRW 5 million for a third. If only one of the two is not shared, the respective fines will be KRW 1 million, KRW 2 million, and KRW 3 million. Employers who fail to document assessment results or retain them for three years will also face fines of up to KRW 3 million. The effective date for the fines will vary by workplace size. They will take effect on January 1, 2027, for workplaces with 50 or more full-time employees and construction sites with a contract value of at least KRW 5 billion. For workplaces with fewer than 50 employees and construction sites with a contract value below KRW 5 billion, they will take effect on January 1, 2028.

Worker representatives’ right to participate will also be strengthened. When a worker representative asks an employer to participate in a risk assessment, the employer must consult with them on the schedule, methods, and scope of participation and ensure that they can take part. This is intended to put institutional measures in place to ensure workers’ views are meaningfully reflected in the assessment process. Previously, employers could begin a risk assessment within one month of a business being established. Going forward, they must complete it before work begins for the first time. Special assessments conducted in cases such as an industrial accident previously had to be completed before work resumed; under the revised notice, they must be completed before work starts in all cases. Regular assessments will shift from a strict once-a-year cycle to a requirement to conduct them at least once each year.

For newly hired workers and workers whose tasks or work content have changed, the results of the risk assessment for their tasks must be shared before work begins, including through occupational safety and health training. A new provision also requires employers to inform workers of the assessment schedule in advance. The approach to risk assessments at subcontracted workplaces will also change. Previously, the contractor and subcontractor each had to conduct an assessment separately. Going forward, they may conduct assessments separately or jointly. For a joint assessment, the contractor and its workers, as well as the subcontractor and its workers, must participate.

The government plans to work with relevant organizations, including employer groups, to promote the changes and provide intensive training to workplaces with 50 or more employees, which will be subject to the fines first. It will also distribute a workplace guide covering details not included in the notice, along with an explanatory guide to frequently asked questions, by the end of this year.

“We expect these changes to provide an opportunity for risk assessments to become a core safety management tool in every workplace,” said Ryu Hyuncheol, head of the Ministry of Employment and Labor’s Occupational Safety and Health Headquarters. “We ask employers and workers alike to make an active, joint effort to ensure that effective risk assessments, rather than assessments carried out as a mere formality, take root in workplaces.”

This content was produced with the assistance of AI translation services.