On the question of whether “low-temperature leave” is possible for workers, the Ministry of Labor yesterday said that if employers do not take care of their employees according to its “work guidelines,” they could be fined up to NT$150,000.
Weather forecasts have said a cold wave would sweep southward from today, with temperatures dropping to lows of about 5°C in some flatland areas between Tuesday and Thursday.
The forecasts are reminiscent of the cold wave of January 2016, in which 12 schools nationwide suspended classes. The latest weather forecast has sparked public discussions over whether taking “low-temperature leave” would be possible.
Photo: CNA
The ministry yesterday said the “typhoon leave” people are accustomed to — where work and classes are canceled due to a typhoon — is not stipulated in the Labor Standards Act (勞動基準法). However, the Operation Regulations on the Suspension of Offices and Classes in Times of Natural Disasters (天然災害停止上班及上課作業辦法) stipulate that the matter is at the discretion of local governments, although the suspension of work technically applies only to government agencies as it would be impractical for all sectors of the economy to suspend operations during a typhoon.
However, if workers have “safety concerns” due to strong winds and heavy rain and cannot go to work, and government agencies are under work suspension, they should be considered as having justifiable reasons, and their employers “should not be harsh on them” or give them “unfavorable treatment,” the ministry said.
Regarding “low-temperature leave” or “high-temperature leave,” whether they can be deemed “natural disasters” remains to be discussed, it added.
However, the ministry’s Occupational Safety and Health
Administration has stipulated health and safety guidelines for working outdoors in cold weather, and employers are requested to ensure measures are put in place to ensure their employees are kept warm, especially paying attention to middle-aged and older employees’ health conditions and preventing hypothermia.
The administration said working in extreme cold weather could cause occupational incidents of heart or cerebrovascular diseases, and according to the Occupational Safety and Health Act (職業安全衛生法), employers are required to prepare three major safety and hygiene measures for outdoor work, including in construction projects, exterior wall cleaning, sign hanging, wire maintenance, delivery, agriculture and fishing.
In administrative management, they must remind workers to wear cold-resistant clothing, arrange sufficient rest time, provide hot drinks and establish a mutual protection mechanism among working partners.
In health management, workload and delegation should be appropriately adjusted according to the workers’ health conditions, exposure to cold weather should be reduced as much as possible and attention should be paid to the needs of elderly workers and workers with cardiovascular disease or other underlying health conditions, and medical assistance should be immediately sought when necessary.
In education and training, employers should hold low-temperature healthcare and safety and hygiene education training for their employees, teaching them how to prevent hypothermia and follow healthy and safety procedures, to reduce the risk of harm caused by low temperatures.
The ministry said employers should refer to the guidelines and prepare measures to help keep employees warm, and if they fail to follow the regulations resulting in harm to their employees by working in low temperatures without proper health and safety measures, they could be fined up to NT$150,000.
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