If Your Company Checkup Shows an Abnormal Finding, the Company Has Duties Too -- Follow-Up Measures Under the Occupational Safety and Health Act and the Scope of the 30-Day Report

A company checkup is a legal duty of the employer

Article 129 of the Act requires employers to provide a general health examination for the workers they regularly employ. Under Article 197 of the Enforcement Rules, the interval is at least once every 2 years for office workers and at least once a year for other workers. Office workers here means people doing general affairs, personnel, accounting, sales or design work in an office area separate from the factory or construction site; people directly engaged in selling are excluded. The exam must be done at a designated special health examination institution or an institution under the Framework Act on Health Examinations. An employer that does not provide the checkup at all faces an administrative fine of up to KRW 10 million (Article 175).

Employees have to take the exam too

Article 133 says workers must take the examination the employer provides. If you take an equivalent exam at another institution and submit documents proving the result to the company, it counts as having taken the company exam. In other words, if a checkup you already had covers the items equivalent to the company's, handing in that result sheet is an option. Violating this provision carries, on the face of the statute, a fine of up to KRW 3 million. The fine structure for the National Health Screening is covered separately in our article on National Health Screening fines.

What the company must do once results arrive

Article 132(4) says that when it is found necessary to maintain a worker's health, the employer must take appropriate measures such as changing the work location, switching duties, shortening working hours, restricting night work (10 p.m. to 6 a.m.), measuring the work environment, and installing or improving facilities and equipment. Article 210(1) of the Enforcement Rules adds that the employer must explain the measures to the worker. Failing to take the measures carries a fine of up to KRW 10 million under Article 171. If you first want to know what the numbers on the result sheet mean, read the article on result classifications and the article on liver enzyme criteria.

The 30-day report does not apply to every checkup

There is one common misunderstanding. The 30-day report in Article 210(3) and (4) of the Enforcement Rules applies to employers who receive a special, ad hoc or interim examination result in which the doctor's opinion calls for a work ban or restriction, a job change, shorter hours, or a referral for confirmation of an occupational disease. Such an employer must submit a report on the measures taken, with supporting documents or an implementation plan, to the competent regional employment and labor office within 30 days of receiving the result. On the face of the provisions, the general health examination is not listed as subject to this report. However, under Article 199 the head of the regional office can require an employer to submit general examination results when it deems this necessary. Not reporting, or reporting falsely, carries a fine of up to KRW 3 million.

The company cannot use your results as it likes

Article 132(3) says results must not be used for any purpose other than protecting and maintaining the worker's health. A violation carries a fine of up to KRW 3 million. The proviso to paragraph (2) of the same article says an individual worker's results must not be disclosed without the person's consent. Posting results on a notice board, or a team leader telling other staff, runs into this provision.

You can ask for an explanation through the worker representative

Under Article 132(1) and (2), if the worker representative requests it, the employer must let the representative attend the examination, and if the occupational safety and health committee or the representative requests it, the employer must explain the examination results, either personally or through the examination institution. Refusing either carries a fine of up to KRW 5 million. If it is hard to raise this alone, the route through the worker representative is open. If symptoms in the wrist or back are related to your work, our article on carpal tunnel syndrome as an industrial accident is also worth checking.

The order of steps if an abnormal finding appears

First, check the classification and the doctor's opinion on the result sheet and get any needed retest or care yourself. Second, if night work or long hours seem to be straining your health, ask the HR or health-and-safety contact for follow-up measures and an explanation of them. Third, if your results are being shared with colleagues or used in performance reviews, demand correction under the proviso to Article 132(2) and Article 132(3). Fourth, if the company does not respond, consult the Ministry of Employment and Labor counseling center (1350) or the competent regional employment and labor office. This article is general information based on the statute and does not replace a medical diagnosis or legal advice. Confirm your specific case with a doctor, a labor professional or the competent office.