Firefighters are legally allowed to work overtime beyond the standard limit for Karoshi

May 4th is International Firefighters' Day, which serves not only as a commemoration for firefighters who have made sacrifices in the line of duty but also as an opportunity to raise awareness about fire safety and the well-being of firefighters. Unfortunately, it is regrettable that firefighters have long been exposed to high occupational risks. They not only face hazardous working environments but also endure long working hours and significant psychological burdens that severely impact their physical and mental health. Despite the persistent shortage of firefighting personnel, the current system even allows firefighters to routinely work overtime beyond the standard limit for death from overwork (Karoshi).

On March 4th this year, a dispatcher named Tsai Ying-Zong at the Disaster Relief and Rescue Command Center of Taichung City Fire Bureau returned home after completing a night shift and felt unwell. He sought emergency medical attention but tragically passed away due to sudden cardiac arrest. According to his wife, Tsai had frequently complained of fatigue over the past six months. In January, he had accumulated an excessive overtime of 178 hours, and in February, his overtime hours reached 108. Therefore, she believes that his death was a result of overwork and exhaustion.

According to the guidelines provided by the Ministry of Civil Service "Reference Guidelines for Reviewing Cases of Public Servants' Sudden Illness or Death from Excessive Workload," it states, "If the overtime hours within one month prior to the onset of the illness reach 100 hours, or if the overtime hours within the previous 2 to 6 months exceed 80 hours, there is a strong correlation between the workload generated by overtime and the occurrence of the illness leading to death." Tsai's case clearly meets the criteria for death from overwork. However, it is regrettable that the Disaster Relief and Rescue Command Center of Taichung City Fire Bureau publicly stated that Tsai's overtime hours were all in accordance with regulations and that he received overtime pay or compensatory leave as required. They even emphasized that the average overtime hours for dispatchers in the center had been reduced to approximately 100 hours in March. Such statements from the command center stem from a grave fact: under the current regulations, firefighters are legally allowed to work overtime beyond the standard limit for death from overwork.

Due to the Constitutional Court's announcement of Constitutional Interpretation No. 785 on November 29, 2019, regarding the implementation of shift and rest systems for public servants, the lack of framework regulations for reasonable limits on working hours, frequency of duty and leave, and minimum consecutive rest hours during duty days was deemed to violate the constitutional protection of the right to health. As a result, government agencies were required to establish necessary and reasonable framework regulations within three years. In response to the constitutional interpretation, the Fire Agency of the Ministry of the Interior announced the "Implementation Guidelines for Shift and Rest Personnel in Fire Departments at All Levels" at the end of 2022. The guidelines stipulate a two-shift rotation system as the principle for firefighters, with a maximum daily working period of twelve hours. Any hours exceeding this limit are considered overtime. Starting from 2023, the total monthly working hours, including overtime, must not exceed 336 hours, and overtime hours must not exceed 160 hours. The maximum working hour limit will be gradually reduced every two years (as shown in Table 1) until 2031, when the working hour limit for firefighters will be brought below the standard limit for death from overwork.

Firefighters regularly work hours that exceed the standard for death from overwork, and the primary reason for this is a lack of personnel. According to statistics from the Fire Agency of the Ministry of the Interior, as of the end of December 2022, the total authorized personnel of local fire departments nationwide amounted to 20,419 individuals. However, the budget allocation only accounted for 17,294 personnel, and the actual staffing was even lower at 16,305 individuals. This not only falls short of the authorized personnel by 80%, but also represents a manpower deficit of 989 individuals compared to the budget allocation.

The National Association for Firefighters' Rights, composed of a group of grassroots firefighters, held a press conference last May, aiming to urge the government to enact legislation to put an end to the arduous working conditions they face. During the conference, the wife of a firefighter shared that her husband consistently worked over 300 hours per month. Previously, he had been in excellent health and full of energy, but now his physical strength and immune system have significantly declined, making him prone to illness and frequent colds. However, due to the personnel shortage, even when he falls sick, he cannot take leave. She expressed that firefighters engage in the vital work of firefighting and saving lives to ensure the public's safety, yet their own health remains unprotected. Not only does their working environment make them susceptible to illness, but they are also denied the right to take sick leave when needed.

The primary duties of firefighters involve disaster prevention, firefighting, and rescue operations. Each deployment they undertake is urgent and hazardous. As they courageously face these challenges on behalf of the public, it is crucial for the government to provide greater protection and reduce their risks. The issue of overwork among firefighters has become a prevalent problem, and it is a consequence of the national system. The government must promptly review and expedite the process of manpower replenishment, ensuring adequate staffing and equipment, in order to prevent further unfortunate incidents from occurring.