(1) The Occupational Safety and Health Act shall apply to services provided by a temporary agency worker during his/her period of temporary employment, deeming that a user company is an employer defined in subparagraph 4 of Article 2 of the same Act. In such cases, for the purposes of Article 29 (2) of the Occupational Safety and Health Act, "when hiring a worker" in the same paragraph shall be construed as "when receiving temporary agency services". <Amended on Jan. 15, 2019>
(2) Notwithstanding paragraph (1), for the purposes of Articles 5, the proviso of Article 132 (2), paragraph (4) of the same Article (limited to cases of a change of workplace, work reassignment and reduction of working hours), and Article 157 (3) of the Occupational Safety and Health Act, a temporary work agency and a user company shall be deemed an employer defined in subparagraph 4 of Article 2 of the same Act. <Amended on Jan. 15, 2019>
(3) Where a user company has conducted a health examination for a worker during his/her period of temporary employment pursuant to Articles 129 through 131 the Occupational Safety and Health Act, it shall explain the results of the health examination pursuant to Article 132 (2) of the same Act and shall send such results to the temporary work agency without delay. <Amended on Jan. 15, 2019>
(4) Notwithstanding paragraphs (1) and (3), a temporary work agency shall conduct health examinations prescribed by Ordinance of the Ministry of Employment and Labor among health examinations which an employer shall conduct on a regular basis pursuant to Articles 129 and 130 of the Occupational Safety and Health Act, deeming that the temporary work agency is an employer defined in subparagraph 4 of Article 2 of the same Act. <Amended on Jan. 15, 2019>
(5) Where a temporary work agency has conducted a health examination pursuant to paragraph (4), it shall explain the results of the health examination to the relevant temporary work agency pursuant to Article 132 (2) of the Occupational Safety and Health Act and shall send such results to the user company without delay. <Amended on Jan. 15, 2019>
(6) Where a temporary work agency and a user company conclude a contract on temporary placement of workers which contains any terms and conditions violating the Occupational Safety and Health Act and violate the same Act by requiring a temporary agency worker to provide services in accordance with the contract, both parties to the contract shall be subject to the relevant penalty provisions, deeming that they are an employer defined in subparagraph 4 of Article 2 of the same Act. <Amended on Jan. 15, 2019>[This Article Wholly Amended on Apr. 30, 2019]