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Laws of the Republic of Korea |
ENFORCEMENT DECREE OF THE OCCUPATIONAL SAFETY AND HEALTH ACT
Presidential Decree No. 13053, Jul. 14, 1990
Amended by Presidential Decree No. 13282, Feb. 1, 1991 Presidential Decree No. 13563, Dec. 31, 1991
Presidential Decree No. 13870, Mar. 6, 1993
Presidential Decree No. 14010, Nov. 20, 1993
Presidential Decree No. 14438, Dec. 23, 1994
Presidential Decree No. 14446, Dec. 23, 1994
Presidential Decree No. 14447, Dec. 23, 1994
Presidential Decree No. 14450, Dec. 23, 1994
Presidential Decree No. 14787, Oct. 19, 1995
Presidential Decree No. 15372, May 16, 1997
Presidential Decree No. 15389, Jun. 11, 1997
Presidential Decree No. 15598, Dec. 31, 1997
Presidential Decree No. 16115, Feb. 8, 1999
Presidential Decree No. 16326, May 24, 1999
Presidential Decree No. 16388, Jun. 8, 1999
Presidential Decree No. 16947, Aug. 5, 2000
Presidential Decree No. 17115, Jan. 29, 2001
Presidential Decree No. 17137, Feb. 24, 2001
Presidential Decree No. 18043, Jun. 30, 2003
Presidential Decree No. 18609, Dec. 28, 2004
Presidential Decree No. 19203, Dec. 28, 2005
Presidential Decree No. 19513, Jun. 12, 2006
Presidential Decree No. 19691, Sep. 22, 2006
Presidential Decree No. 19804, Dec. 29, 2006
Presidential Decree No. 20483, Dec. 28, 2007
Presidential Decree No. 20681, Feb. 29, 2008
Presidential Decree No. 20973, Aug. 21, 2008
Article 1 (Purpose)
The purpose of this Decree is to prescribe the matters
delegated by the Occupational Safety and Health Act and
matters necessary
for the enforcement thereof.
Article 2 (Definition)
The terms used in this Decree shall be defined as determined
by the Occupational Safety and Health Act (hereinafter referred
to
as ßÖthe Actß×) unless otherwise specially provided by this
Decree.
Article 2-2 (Scope of Application, etc.)
(1) The scope of businesses or workplaces (hereinafter referred
- 2 -
to as ßÖthe businessß×) excluded from a part of this Act pursuant
to the proviso of Article 3 (1) of the Act, and the scope of the
provisions of the Act applied to the business in question shall
be as given in the annexed Table 1.
(2) The classification of the businesses under this Decree shall
follow the Korea Standard Industrial Classification announced
by the Commissioner of the National Statistical Office in accordance
with the Statistics Act.
The Minister of Labor shall devise measures concerning research
and distribution of accident prevention method, and support
and
education for safety and health technology, in a bid to
prevent accidents in accident-prone workplaces pursuant to
subparagraph
2 of Article 4 (1) of the Act.
Article 3-2 (Implementation of Safety and Health Management System,
etc.)
(1) The Minister of Labor shall conduct a study on the
operation method of a businessßÓautonomous safety and health
management
system and distribute the results of the study to
establish a businessßÓsafety and health management system in
accordance with
subparagraph 4-2 of Article 4 (1) of the Act.
(3) The necessary matters for the operation of evaluation
system pursuant to paragraph (2) shall be determined and
announced by
the Minister of Labor.
Article 3-3 (Establishment of Measures to Promote Safety and Health
Awareness)
(1) The Minister of Labor shall devise measures in each
subparagraph below in a bid to promote safety and health
awareness pursuant
to subparagraph 5 of Article 4 (1)
1. Matters on the designation of occupational safety and
- 3 -
health awareness period and its implementation.
2. Matters on the promotion of safety and health education
and the activation of public relations.
3. Matters on the promotion of sound and autonomous
activities by citizens concerning safety and health.
(2) The necessary matters
concerning the measures to promote
safety and health awareness pursuant to paragraph (1) shall be
determined by the Minister of
Labor.
Article 3-4 (Implementation of Accident-Free Movement)
(1) The Minister of Labor shall devise measures in each
subparagraph below
in a bid to effectively carry out the accident-
free movement pursuant to subparagraph 5 of Article 4(1) of
the Act. 1. Matters on the spread of accident-free movement at
workplaces and the distribution of its implementation
method.
2. Matters on the activation of accident-free movement such
as the provision of support for workplaces which accomplished
the goal
of accident-free workplaces.
3. Deleted.
The Minister of Labor shall conduct an investigation concerning
industrial accidents and diseases pursuant to subparagraph 7 of
Article 4(1) of the Act in a bid to prevent industrial accidents
and diseases, and maintain and manage the statistics thereof.
1. Measures for the dissemination and spread of projects to
promote workersßÓhealth; and
2. Measures for the creation of clean work environment.
(2) The matters necessary for the implementation of the
- 4 -
measures prescribed in paragraph (1) shall be determined by
the Minister of Labor.
Article 3-7 (Cooperation by Business Owners, etc.)
Business owners, workers and other related organizations
shall co-operate by
actively taking part in the national measures
prescribed in Articles 3 through 3-6.
Article 4 (Organization and Operation of Policy Deliberative
Committee)
(1) The Occupational Safety and Health Policy
Deliberative Committee(hereinafter referred to as ßÖthe Policy
Deliberative Committeeß×) under Article 7 (1) of the Act shall
be
composed of 30 members or less including the Chairman.
1. A person with deep knowledge and experiences on
occupational safety and health;
2. A person representing workers;
3. A person representing business owners; and
4. A person recommended by civic organizations(which refer
to non-profit non governmental organizations pursuant to
Article 2 of
the Assistance for Non-Profit Non Governmental
- 5 -
Organizations Act.)
(3) The Chairman shall represent the Policy Deliberative
Committee and preside over meetings of it.
(4) The term of the Policy Deliberative Committee members
commissioned shall be two years, and that of substitute members
shall
be the remaining term of his/her predecessor.
(5) The Chairman shall convene a meeting of the Policy
Deliberative Committee, when
it is deemed necessary, and
preside over the meeting.
(6) The necessary matters for operating the Policy Deliberative
Committee shall be determined by the Chairman through
consultation
at the Policy Deliberative Committee.
Article 5 (Function of Policy Deliberative Committee)
The Policy Deliberative Committee shall
deliberate and coordinate
the matters in each subparagraph below:
1. Mid to long-term basic plan on industrial accident and
disease prevention pursuant to Article 4(1) of the Act;
2. Key policies on occupational safety and health work
which are related to each central administrative
organization;
3. Deleted; and 4. Other matters referred to by the Chairman
Article 6 (Specialist Members)
(1) To carry out an investigation and research on specialized
matters on occupational safety and health, the Policy
Deliberative
Committee may have two specialist members or less
for occupational safety engineering, mechanical safety, electric
safety, chemical
safety, construction safety, civil engineering
safety, industrial medicine, industrial health nursing, industrial
hygiene, hazardous
substance management, laws relating to
safety and health, industrial accident statistics and other
necessary fields, respectively.
Article 7 (Secretary)
(1) The Policy Deliberative Committee shall have one secretary,
and the secretary shall be Grade IV or higher level public
officials
of the Ministry of Labor or public officials of general
- 6 -
duties belonging to senior executive service, who designated by
the chairman.
(2) The secretary shall administer the matters of the Policy
Deliberative Committee at the order of the Chairman.
Article 8 (Allowances
and Travel Expenses)
Allowances and travel expenses may be paid to those falling
under the following subparagraphs within the limits of budgets
: Provided
that this does not apply to public servant members
directly related to the work concerned:
1. Members who attend a meeting of the Policy Deliberation
Committee;
2. Members who attend a meeting of a professional committee
prescribed in Article 8-2; and
3. Experts who attend a meeting pursuant to Article 8-3.
Article 8-2 (Composition and Operation of Professional Committees)
(1)
Professional committees for each area may be set up to
efficiently operate the Policy Deliberation Committee and more
professionally
deliberate and decide on matters to be deliberated.
(2) Each professional committee prescribed in paragraph (1)
shall be composed
of less than 20 members, including its
chairman, who are either those with plenty of knowledge and
experiences in the area concerned
or public officials in charge
of related work in a relevant central administrative agency.
(3) The head of each professional committee
prescribed in
paragraph (1) shall make a report to the Policy Deliberation
Committee about important matters among those to be
deliberated and decided by the professional committee.
(4) Other necessary matters concerning the composition,
operation, etc.
of a professional committee shall be determined
by the chairman of the Policy Deliberation Committee.
Article 8-3 (Hearing Opinions)
The Policy Deliberation Committee and professional committees
prescribed in Article 8-2 may, if it is deemed necessary to deliberate
items on the agenda, have experts in the area concerned attend
its meeting and hear their opinions.
- 7 -
Article 8-4 (Workplaces Subject to Public Announcement)
The ßÖworkplaces determined by the Presidential Decreeß×in
Article 9-2
(1) refer to workplaces falling under each of the
following subparagraphs:
1. Workplaces within the highest 10 percent of those whose
annual industrial accident and disease rate is higher than
the average
accident rate by workplace size in the same
business;
2. Workplaces where the serious accidents prescribed in
subparagraph 7 of Article 2 of the Act have occurred;
3. Workplaces which have failed to make a report on the
occurrence of industrial accidents and diseases as prescribed
in Article
10 of the Act twice or more over the past
three years; and
4. Workplaces where the serious industrial accidents prescribed
in Article 49-2 of the Act have occurred.
Article 9 (Appointment etc. of Safety and Health Manager)
(1) The category and size of the business which is to have a
safety and
health manager(hereinafter referred to as ßÖthe safety
and health managerß×) pursuant to Article 13 (3) of the Act
include businesses
using ordinarily 100 workers or more and
businesses determined by the Ordinance of the Ministry of
Labor among those using ordinarily
less than 100 workers.
(2) The safety and health manager under paragraph (1) shall
be the one who performs a practically general
management of
the concerned business.
(3) an employer shall, when the appointment of a safety and
health manager is made, submit the documents attesting to
the appointment
to the Minister of Labor within 14 days from
the date of the appointment as prescribed in the Ordinance of the
Ministry of Labor.
Article 10 (Obligations of Supervisor)
(1) The work to be carried out by a supervisor pursuant to
Article 14 (3) of the Act is as follows:
1. Safety and health check on machines and equipment or
facilities related to work(hereinafter referred to as ßÖthe
- 8 -
concerned workß×) which is supervised in a workplace by
the supervisor, and verification on whether they are in
order;
2. Check on work clothes, personal protective equipment and
protective devices of workers belonging to the supervisor,
and education
and instruction on wearing and use of
them;
3. Report on industrial accidents and diseases occurring in
the concerned work and emergency measures on them;
4. Arrangement of workplace of the concerned work, and
check and supervision on securing passage;
5. Provision of cooperation in the guidance and advice of
the occupational physician, safety manager(In case of
workplaces which
entrust the work of a safety manager
to a safety management service institution pursuant to
Article 15 (4) of the Act, a person
of the safety management
service institution in charge of the concerned work) and
health manager(In case of workplaces which entrust
the
work of a health manager to a health management service
institution pursuant to Article 16(3) of the Act), a person
of the
health management service institution in charge of
the concerned workplace;
5-2. Deleted 6. Other matters concerning the safety and health of the
concerned work determined by the Minister of Labor
(2) an employer shall
give the necessary authority to the
supervisor in a bid to enable him/her to perform the work
pursuant to paragraph (1), and provide
facility, equipment,
budgets and other necessary support for him/her to carry out
the work.
(3) The ßÖwork prescribed by the Presidential Decreeß×in the
proviso of Article 14 (1) refer to the Table 2. 1. Safety-related education among special education provided
pursuant to Article 31 (3) of the Act when an employer
employs workers
for a hazardous or dangerous job;
2. Performance tests on the safety of hazardous or
dangerous machines under Article 36-2 (1) of the Act
- 9 -
(limited to cases where the manager or supervisor is a
person who holds the qualifications, has completed the
education and has
the experiences prescribed by the
Ordinance of the Ministry of Labor under Article 36-2 (2)
of the Act); and
3. Other measures to prevent any hazard or danger in the
nature of the job concerned and which are determined
and announced by the
Minister of Labor.
Article 11 Deleted
(1) Pursuant to Article 15 (2) of the Act, the category and
size of the business where a safety manager is to be appointed,
and
the number of safety managers and the appointment methods
of them shall be as prescribed in Table 3.
(2) Among the businesses under paragraph (1), workplaces
using ordinarily 300 workers or more[In case of construction
work, those
workplaces whose total construction amount is 12
billion Won or more(15 billion Won or more for construction
work belonging to
civil engineering work as prescribed in Table
1 of the Enforcement Decree of the Framework Act on the
Construction Industry) or
workplaces using ordinarily 300 workers
or more] shall have a safety manager exclusively for the work
as prescribed in Article
15 (1) of the Act and Article 13 (1) of
this Enforcement Decree in the concerned workplace.
(3) In applying paragraph (1) and (2), for the business as
prescribed in Article 18 (1), the construction amount of contract
work
conducted in the same place as the concerned business or
the workers ordinarily employed by the contractor(including
subcontractors.
Hereinafter the same applies in this Article) shall
be considered as the construction amount or the ordinarily
employed workers
of the concerned business, respectively:
Provided that this will not apply to the construction amount of
the contract work or the
ordinarily employed workers of the
contractor belonging to the criteria under Table 3.
(4) Notwithstanding the provisions of paragraph (1), 2 or
more workplaces run by the same business owner in the same
Eup, Myeon
or Dong may jointly have a safety manager. In this
case, the total number of ordinarily-employed workers in these
workplaces shall
be not more than 300.
(5) Despite the provisions of paragraph (1) through (3), when
the business owner who places an order for contract work
appoints
a safety manager as determined by the Ordinance of
the Ministry of Labor for workers of the contractor who
receives the contract
work, which is conducted in the same
place, the contractor who receives the contract work may not
appoint a safety manager.
(6) Business owners shall submit, when they appoint a
safety manager or commission the work of a safety manager
to a safety management
service institution as prescribed by
Article 15 (4), the document which shows the evidence of the
fact within 14 days from the
appointment or the commission
date as determined by the Ordinance of the Ministry of Labor.
This provision also applies when a
safety manager is replaced
pursuant to Article 15 (3) of the Act.
Article 13 (Duty, etc. of Safety Manager)
(1) The duties a safety manager shall perform pursuant to
Article 15 (2) of the Act are as follows :
1. Duty deliberated and determined at the Occupational
Safety and Health Committee in accordance with Article
19 (1) of the Act,
and a labor-management consultative
body on safety and health in accordance with Article 29-2
(1) and duty as determined by the
safety and health
management regulations (hereinafter referred to as the
ßÖsafety and health management regulationsß×) and the
employment rules of the concerned business pursuant to
Article 20 (1) of the Act;
2. Selection of qualified products when purchasing machines,
instruments, etc., subject to safety certification under Article
34
of the Act and machines, instruments, etc., subject to self
safety confirmation under Article 35 of the Act;
3. Establishment and implementation of safety education plans
for the concerned workplaces;
4. Tour of workplaces for checking and guidance, and
recommendation of measures;
5. Examination for the causes of industrial accidents and
diseases and technical guidance and advice to prevent
accidents from recurring;
5-2. Guidance and advice(restricted to safety sector) for
- 11 -
maintaining and managing statistics relating to industrial
accidents and diseases;
6. Recommendation of measures for workers who violated
the Act or the order by the Act, safety and health
management regulations
and safety-related provisons
among employment rules; and
7. Other safety-related matters determined by the Minister of
Labor
(2) When an employer places the safety manager, he/she shall
take into account the work arrangements such as overtime,
night time
and holiday work, etc.
(3) The provision of Article 10 (2) shall be applied mutatis
mutandis to the safety manager.
Article 14 (Qualification of Safety Manager)
The qualification of safety manager pursuant to Article 15
(2) of the Act shall be as prescribed in Table 4.
Article 15 (Entrustment,
etc. of Safety Management Work)
(1) The category and size of the business which may entrust
the work of safety manager to the safety
management service
institution pursuant to Article 15 (4) of the Act shall be the
business using ordinarily less than 300 workers
except
construction business.
(2) In case an employer entrusts the work of a safety
manager to a safety management service institution in accordance
with paragraph
(1), the safety management service institution
shall be regarded as the safety manager prescribed in Article 12
(1).
Those who may be designated as the safety management
service institution as prescribed in Article 15 (4) of the Act shall
be a
corporation which intends to perform safety management
work and has workforce, facility and equipment as determined
by the Ordinance
of the Ministry of Labor.
- 12 -
Article 15-3 (Application for Designation as Safety Management
Service Institution)
(1) Those who intend to be designated as the safety management
service institution in accordance with Article 15 (4) of the Act
shall submit the application form for designation as the safety
management service institution as determined by the Ordinance
of the Ministry of Labor.
(2) When the safety management service institution intends
to change the matters designated, the institution shall submit, as
determined
by the Ordinance of the Ministry of Labor, the
application form for the change of the safety management
service institution.
Article 15-4 (Simultaneous Implementation of Industrial Accident
Prevention Work as Sidelines)
Deleted.
(1) The ßÖother occasions prescribed by Presidential Decreeß×
under subparagraph 4 of Article 15-2 (1) of the Act refer to the
cases in each subparagraph below.
1. Deleted. 2. Deleted. 3. Deleted. 4. When the safety management service institution receives
service fees without performing the safety management
work or falsely
write up the documents relating to the
safety management work vicariously carried out.
5. When the safety management service institution refuses to
perform the safety management work vicariously without
justifiable
causes.
6. When the safety management service institution performs
wrongly the safety management work or idles in its
work.
7. Other occasions such as when the safety management
service institution violates the Act or the order by this Act.
(2) Deleted.
Article 15-6 (Calculation Standard of Surcharges)
(1) The calculation standard of surcharges per the period of
operation suspension
under Article 15-3 (1) refers to the Table
4-2.
(2) Considering the motivation, substance, frequency, etc.,
the Minister of Labor may raise or reduce a surcharge in the
range
of a half of the surcharge pursuant to paragraph (1). In
this case, when raising the fee, the total amount of the
surcharge shall
not exceed 50 million won.
Article 15-7 (Imposition and Payment of Surcharges)
(1) When imposing a surcharge pursuant to Article 15-3 (1)
of the Act, the
Minister of Labor shall state the classification of
a violation act, the amount of the surcharge, etc. and notify the
payment of
the surcharge in writing.
(2) A person who receives the notification pursuant to
paragraph (1) shall complete the payment to a receiving agency
designated
by the Minister of Labor within 30 days of the
notification day. However, when a person cannot pay a
surcharge within the period
because of natural disasters and
other unavoidable reasons, the person shall pay the surcharge
within 15 days of the day when the
reason is removed.
(3) The receiving agency that receives the surcharge
pursuant to paragraph (2) shall issue a receipt to the
payer.
(4) When a receiving agency of surcharges receives a
surcharge pursuant to paragraph (2), it shall notify the fact to
the
Minister of Labor without delay.
(5) A surcharge shall not be paid by installments.
(1) Pursuant to Article 16(2) of the Act, the category and
size of the business and the number and appointment method
of the health
manager shall be as prescribed in Table 5.
(2) A workplace of the business under paragraph (1) shall
have a health manager exclusively
engaging in the work prescribed
in Article 16(1) of the Act and each subparagraph of Article 17
(1) of this Decree in the concerned
workplace. However, a
health manager in a workplace of the business using ordinarily
less than 300 workers may engage in other
work unless it does
hinder the health management work.
- 14 -
(3) The provisions of Article 12 (3), (4) and (6) shall be
applied mutatis mutandis to the appointment of health
manager. In such
case, the ßÖTable 3ß×shall be regarded as the
ßÖTable 5ß×, the ßÖsafety managerß×as the ßÖhealth managerß×, the
ßÖArticle 15 (4)ß×of
the Act as the ßÖArticle 16(3) of the Actß×, the
ßÖsafety management service institutionß×as the ßÖhealth management
service institutionß×.
(1) The duties a health manager shall perform pursuant to
Article 16 (2) of the Act are as follows:
1. Duty deliberated and determined by the Occupational
Safety and Health Committee pursuant to Article 19 (1)
of the Act and duty
as prescribed in safety and health
regulations and employment rules;
1-2. Work management to prevent the health problems under
Article 24 (1) 5 of the Act;
2. Selection of qualified products when purchasing health-
related protective equipment among machines,
instruments, etc., subject to safety certification under
Article 34 of the Act and machines, instruments, etc.,
subject to self
safety confirmation under Article 35 of the
Act
3. Posting or keeping of materials safety data sheets(MSDS)
written in accordance with Article 41 of the Act;
4. Duty of industrial health doctor as prescribed in Article
22 (1)(applied only when the health manager belongs to
one of each
subparagraph in Table 6);
5. Management and education on workersßÓhealth and provision
of guidance for health promotion;
6. Medical activities as prescribed in the following items in
a bid to protect workers in the concerned workplace(applied
only when
the health manager belongs to subparagraph 1
and 2-1 in Table 6):
A. Treatment of patient for such frequently-occurring cases
as external wounds;
B. Emergency treatment for those who require emergency
measures;
C. Treatment to prevent worsening of wounds;
D. Guidance for care and nursing for diseased person
found through health diagnosis; and
E. Injection of medicines for medical activities in A
- 15 -
through D;
7. Facility check on general ventilation system and local
exhaust ventilation system used in a workplace and
engineering improvement
and guidance on work methods
(applied only when the health manager belongs to
subparagraph 2-2 through subparagraph 6-1 in Table 6);
8. Tour of workplaces for check, provision of guidance and
recommendation of measures;
9. Investigation of the causes of work-related diseases and
establishment of countermeasures;
9-2. Provision of guidance and advice(limited to health field)
for maintaining and managing industrial accident and
disease-related
statistics;
10. Recommendation of penalty measures for workers who
violated the Act or orders by the Act, or safety and
health management regulations
and health-related matters
among employment rules; and
11. Other matters related to work management and work
environment management
(2) Article 10 (2) and Article 13 (2) shall be applied mutatis
mutandis to the health manager. In such case, the facility and
equipment
to be provided to the health manager shall be
determined by the Ordinance of the Ministry of Labor.
Article 18 (Qualification of Health Manager)
The qualification of the health manager pursuant to Article
16(2) of the Act shall be as prescribed in Table 6.
Article 19 (Entrustment,
etc. of Health Management Work)
(1) The health management service institution to which the
work of health manager may be entrusted
pursuant to Article
16(3) of the Act shall be categorized into the health management
service institution by region and by industry
and hazardous
agent.
(3) Among the business under paragraph (2), the category of
the business which may entrust the work of the health manager
to the
health management service institution by industry and
- 16 -
hazardous factor shall be determined by the Ordinance of the
Ministry of Labor.
(4) Article 15 (2) shall be applied mutatis mutandis to the
entrustment of the health management work.
Those who may be designated as the health management
service institution pursuant to Article 16 (3) of the Act shall be
limited
to those belonging to each subparagraph below and
possessing the manpower, facility and equipment determined by
the Ordinance of
the Ministry of Labor.
1. Organizations belonging to the national or local governments.
2. General hospitals or hospitals pursuant to the Medical
Services Law.
3. Universities or their subsidiaries pursuant to the Higher
Education Act.
4. Corporations which intend to engage in health management
work.
Article 19-3 (Application in Mutatis Mutandis)
Article 15-3, 15-5 through 15-7 shall be applied mutatis
mutandis to the health management service institution.
Article 20 (Appointment, etc. of Occupational Physician)
(1) The category and size of the business which shall have
the occupational
physician in accordance with Article 17 (2) of
the Act shall be the business which uses ordinarily 50 workers
or more and has the
health manager who is not medical doctor.
However, in case a workplace entrusts the work of the health
manager to the health management
service institution pursuant
to Article 19, the workplace may not have the occupational
physician in place.
(2) The occupational physician under paragraph (1) may be
commissioned from outside. And in such case, the commissioned
occupational
physician shall perform the work of the occupational
physician as prescribed in Article 22.
(3) Article 9 (3) shall be applied mutatis mutandis to
the appointment of the occupational physician.
(4) The number of workplaces and workers to be placed
under the responsibility of the commissioned occupational physician
pursuant
to paragraph (2), and other matters necessary for the
appointment shall be determined by the Minister of Labor.
Article 21 (Qualification
of Occupational Physician)
The occupational physician pursuant to Article 17 (2) of the
Act shall be a medical doctor in accordance
with the Medical
Services Law who is an industrial medicine doctor, a preventive
medicine doctor or has a high level of education
and experience
in the field of industrial health. 1. Review of health diagnosis results pursuant to Article 43
of the Act and health protection measures for workers
following the
results such as job assignments, job
rearrangement, working-hour reduction, etc.
2. Investigation on the causes of workersßÓhealth problem
and the medical measures to prevent reoccurrence of the
problem.
3. Other necessary medical measures determined by the Minister
of Labor to maintain and promote workersßÓhealth.
(2) Business owners
shall provide the occupational physician
with the necessary authority to enable him/her to carry out
his/her duty pursuant to paragraph
(1).
Article 23 (Business Required to Designate General Safety and
Health Manager)
The ßÖbusiness determined by the Presidential Decreeß×in
Article 18 (1) of the Act shall refer to one which belongs to
each subparagraph
below and whose number of workers
ordinarily employed including the workers used by his/her
contractors and subcontractors is 50(100
in case the business
belongs to subparagraph 4) or more, and the construction
business whose total amount of the construction concerned
including those of his/her contractors and subcontractors is 2
billion Won or more:
1. The 1st phase metal industry;
- 18 -
2. Ship and boat building;
3. Earth, sand and rock mining; and
4. Manufacturing business(excluding the business under
subparagraph 1 and 2)
Article 24 (Duty, etc. of General Safety and Health Manager)
(1) The duties of a general safety and health manager
prescribed in
Article 18 (3) of the Act are as follows:
1. Suspension and resumption of work pursuant to Article
26 of the Act;
2. Safety and health measures in the contract business
pursuant to Article 29 (1) of the Act;
3. Supervision on the implementation of the occupational
safety and health management expenses of the business
which carries out
the contract work pursuant to Article
30 of the Act, and consultation and coordination on the
use of the expenses between the business
which performs
the contract work; and
4. Check on whether machines, instruments, etc., subject to
safety certification under Article 34 of the Act and
machines, instruments,
etc., subject to self safety
confirmation under Article 35 of the Act are being used.
(2) Article 22 (2) shall be applied mutatis
mutandis to the
general safety and health manager.
Article 25 (Business Required to Establish Occupational Safety and
Health Committee)
The businesses required to establish and operate the
occupational safety and health committee pursuant to Article 19
(7) are as
follows. 1. Workplaces with 100 full-time workers or more: Provided,
That in the case of a workplace in the construction
business, its construction
costs shall amount to 12 billion
won or more(15 billion won in case the construction is
categorized as public works in the attached
Table 1 of
the Framework Act on the Construction Industry.); and
2. Among workplaces using ordinarily 50 workers or more
and less than 100, those hazardous and dangerous businesses
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(hereinafter referred to as the ßÖhazardous and dangerous
businessß×) with substantially higher rate of industrial
accidents and
diseases as opposed to the number of workers
compared to other industry, as determined by the Ordinance
of the Ministry of Labor.
Article 25-2 (Composition of Occupational Safety and Health
Committee)
(1) The worker members of the occupational safety and
health committee shall consist of the persons in each
subparagraph below.
1. Worker representative(a union representative in case there
is such union representing the majority of workers, but if
such union
does not exist, a person who represents the
majority of workers, or a person representing a labor
organization regardless of its
name such as branch, local
chapter, etc. if the subsidiary labor organization of a unit
labor union in a workplace concerned consists
of the
majority of workers in the workplace. Hereinafter the
same.).
2. One or more of the honorary occupational safety
inspector designated by worker representative(Limited to
workplaces where the
honorary occupational safety inspector
is commissioned pursuant to Article 61-2 of the Act.
Hereinafter the same in this Article
and Article 25-4).
3. Nine workers or less in a concerned workplace designated
by worker representative(In case the honorary
occupational safety inspector is designated as the worker
member, the number of workers excluding the number of
the worker member).
(2) The employer members shall consist of those in each
subparagraph below. However, in the case of the hazardous
and dangerous
business, a person belonging to subparagraph 4
may be excluded.
1. A person representing the business concerned(in case a
workplace within the same business is located in a different
place, the
head of the workplace. Hereinafter the same).
2. One safety manager(In case of a workplace which entrusted
the work of the safety manager to the vicarious safety
management service
institution, a person of the vicarious
institution in charge of the workplace concerned).
3. One health manager(In case of a workplace which entrusted
the work of the health manager to the vicarious health
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management service institution, a person of the vicarious
institution in charge of the workplace concerned).
3-2. Occupational
physician(limited to cases where a person
is appointed in the concerned workplace).
4. Nine heads of department or less designated by the
representative of the concerned business.
(3) Despite paragraphs (1) and (2), if an employer in
construction industry conducts part of his/her business through
contract
and if a consultative body between business owners
regarding the safety and health pursuant to subparagraph 1
of Article 29 (1)
of the Act has been formed, the persons
in each subparagraph below may be added to the association
to form the occupational safety
and health committee.
1. Safety manager who is an employer member.
2. Worker representative who is a worker member(refers to
a worker representative of all workplaces including the
business performing
the contract work) and the honorary
occupational safety inspector(limited to workplaces where
the honorary occupational safety
inspector is commissioned
pursuant to Article 61-2 of the Act), and a worker of the
concerned workplace designated by worker representative.
(4) Deleted
The Chairman of the occupational safety and health
committee shall be appointed between the members. In such
case, each person
representing worker members and employer
members may be elected as the joint Chairmen.
Article 25-4 (Meetings, etc.)
(1) The meetings of the occupational safety and health
committee shall be composed of regular and extraordinary
sessions. The regular
sessions shall be convened every three
month by the Chairman, while the extraordinary sessions shall
be convened when the Chairman
deems it necessary.
(2) The sessions shall be open with the participation of the
majority of worker members and employer members, respectively,
and
the decisions shall be made with the consent of the
majority of the attending members.
(3) Worker representative, honorary occupational safety
inspector, the representative of the concerned business, safety
manager
or health manager may designate one person among
those engaged in the concerned business to act as a member in
place of them if
they are not able to attend a meeting.
1. Day, time and place of the meeting.
2. Names of the members who attended the meeting.
3. Matters deliberated and decided.
4. Other matters discussed.
Article 25-5 (Handling of Matters Not Decided)
(1) The occupational safety and health committee shall set
up an arbitration body in the Committee with the
agreement between worker members and employer members to
solve the matters which belong to each subparagraph below, or
shall receive
the arbitration from the 3rd party.
1. In case where the occupational safety and health
committee was not able to decide concerning the matters as
prescribed in Article
19 (2) of the Act.
2. In case there are differences of opinions regarding the
interpretation or implementation methods of the matters
decided at the
occupational safety and health committee.
(2) In case the arbitration is awarded pursuant to paragraph
(1), it shall be considered
that the decision was made by the
occupational safety and health committee and employers and
workers concerned shall follow the
arbitration results.
Article 25-6 (Publicizing, etc. of Meeting Results)
The Chairman of the occupational safety and health
committee
shall publicize the meeting results such as the matters
deliberated and decided at the Committee and the arbitrations
determined,
via in-company broadcasting, company news
bulletin, or regular company morning meetings to the workers
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quickly.
Article 26 (Prohibition of Contract, and Safety and Health Measures
of Contract Work)
(1) The ßÖwork as prescribed by the Presidential Decreeß×in
Article 28 (1) of the Act shall refer to contracting out part of
the
process in the same workplace and the work belonging to
each subparagraph below;
1. Metal plating work;
2. Refining, pouring, processing and heating of heavy metals
such as mercury, lead, cadmium, etc;
3. Work of manufacturing and using or dismantling and
removing the substances for which permission shall be
obtained pursuant to
Article 38 (1) of the Act; and
4. Other hazardous or dangerous work determined by the
Minister of Labor after deliberation at the Policy Deliberative
Committee.
(2) The ßÖbusiness as prescribed in the Presidential Decreeß×
in Article 29 (1) of the Act shall refer to the construction
business
and the business under each subparagraph of Article
23.
The ßÖconditions that interfere with the safe and sanitary
work performanceß×in Article 29 (6) of the Act shall refer to
those
belonging to each subparagraph below or the similar
cases. 1. Reduction of construction period calculated by the design
drawing.
2. In case a dangerous construction method is used in a bid
to reduce construction costs, etc., or the construction
method is changed
without justifiable reasons.
3. In case substantial violations are made against those as
prescribed in standard safety specifications of the construction
work
determined and announced by the Minister of
Labor.
Article 26-3 (Target Group Required to Establish
Labor-Management Consultative Body)
A "business which falls under type and size determined by the
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Presidential Decree" under Article 29-2 (1) of the Act refers to a
construction industry whose construction fees are 12 billion
won
or more. (1.5 billion won as for engineering work in the attached
table in the Enforcement Decree of the Framework Act on the
Construction Industry)
Article 26-4 (Constitution of Labor-Management Consultative Body)
(1) Worker members of a labor-management consultative body on
safety and health (hereinafter referred to as a "labor-management
consultative body") under Article 29-2 (1) of the Act shall be
composed of those in the following subparagraphs:
1. A representative of workers of the entire business including
contracted or subcontracted business;
2. One honorary occupational safety inspector who is designated by
workers' representative: Provided that, if an honorary occupational
safety inspector is not entrusted, one worker of the workplace
concerned who is designated by workers' representative; and
3. A representative of workers of contracted or subcontracted
business whose construction fees are two billion won or more.
(2)
Employer members shall be composed of those in the following
subparagraphs:
1. A representative of the business concerned;
2. One safety manager; and
3. An employer of contracted or subcontracted business whose
construction fees are two billion won or more.
(3) Worker members and employer members of a
labor-management consultative body may entrust an employer and
workers' representative of contracted or subcontracted business
whose construction fees are less than two billion won to the
consultative body.
Article 26-5 (Operation, etc. of Labor-Management Consultative
Body)
(1) Meetings of a labor-management consultative body shall be
divided into regular meetings and special meetings: regular
meetings
shall be convened by the chairman of a labor-management
consultative body (hereinafter referred to as "chairman" in this
Article)
every two months, and special meetings shall be convened
- 24 -
deemed necessary by the chairman.
(2) Article 25-3, 25-4(2) through (4), 25-5 and 25-6 shall be applied
mutatis mutandis electing of the chairman, meetings of a
labor-management consultative body, the method to handle matters
that are not concluded at a labor-management consultative body,
and knowing of a meeting result, etc., respectively. In this case,
"the Occupational Safety and Health Committee" shall be regarded
as "a labor-management consultative body", and "safety manager or
health manager" as "safety manager."
Article 26-6 (Business Required to Appropriate Occupational
Safety and Health Management Expenses)
The "other projects designated by the Presidential Decree" in
Article 30 (1) shall refer to those which are hazardous and
dangerous
and as determined by the Minister of Labor after the
consultation at the Policy Deliberative Committee.
Article 26-7 (Requirements for Designation of Specialized
Institution Providing Guidance on Accident Prevention
Article 15-3, 15-5 through 15-7 shall be applied mutatis
mutandis to the specialized institution providing guidance
on accident
prevention.
- 25 -
Those who may be designated as the Designated Educational
Institution as prescribed in Article 31 (4) of the Act shall be the
corporations
which intend to perform the educational work on
occupational safety and health and have manpower, facility
and equipment as determined
by the Ordinance of the Ministry
of Labor.
Article 26-11 (Application in Mutatis Mutandis)
Article 15-3 and 15-5 shall be applied mutatis mutandis to
the designated educational institution.
Article 27 (Hazardous and Dangerous Machines and Equipment
for Which Protective Measures are Required)
(1) The machines and equipment which may not be transferred,
lent, installed and used without the protective measures taken
to
prevent hazard or danger or those which may not be displayed
for the purpose of transfer and lending as prescribed in Article
33
(1) of the Act shall be as prescribed in Table 7.
(2) Pursuant to Article 33 (2) of the Act, the machines,
equipment, facility,
and structures to which the necessary
measures shall be taken to prevent hazard or danger as
determined by the Ordinance of the
Ministry of Labor shall be as
prescribed in Table 8.
Article 28 (Machines, Instruments, etc., Subject to Mandatory
Safety Certification)
(1) "Machines, instruments, etc., subject to safety certification
deemed necessary for safety and health of workers and
prescribed
by the Presidential Decree" in Article 34 (2) of the
Act are as follows :
1. Machines, instruments and equipment described in the
following items
A. Presses;
B. Shearing machines;
C. Cranes;
D. Lifts;
E. Pressure vessels;
F. Rollers;
- 26 -
G. Injection molding machines; and
H. Aerial work platforms
2. Protective devices described in the following items
A. Protective devices for presses and shearing machines;
B. Over load limiters
for hoisting machines;
C. Pressure relief valves for boilers;
D. Pressure relief valves for pressure vessels;
E. Rupture disks for pressure vessels;
F. Insulation devices and apparatuses for live line work;
G. Explosion-proof electrical machines, apparatuses and
parts; and
H. Temporary equipment and materials needed to protect
against the danger of fall, drop, collapse, etc., and determined
and announced
by the Minister of Labor
3. Protective equipment described in the following items
A. Safety helmet to protect against the danger of fall or
electrification;
B. Safety shoes;
C. Safety gloves;
D. Anti-dust masks;
E. Gas masks;
F. Air-supplied respirators;
G. Powered air-purifying respirators;
H. Protective clothes;
I. Safety belts;
J. Protective goggles to block light and protect against flying
debris;
K. Face shields for welding;
L. Ear plugs or ear muffs for sound proofing;
(2) The detailed types or sizes and forms of the machines,
instruments, etc., subject to mandatory safety certification under
paragraph
(1) shall be determined and announced by the
Minister of Labor.
Article 28-2 (Machines, Instruments, etc., Subject to Self Safety
Confirmation)
(1) "Machines, instruments, etc. subject to safety certification
prescribed by the Presidential Decree which are not machines,
instruments, etc. subject to mandatory safety certification" in
Article 35 (1) of the Act are as follows :
1. Machines, instruments and equipment described in the
- 27 -
following items;
A. Centrifugal machines;
B. Air compressors; and
C. Gondolas
2. Protective devices described in the following items
A. Safety devices for acetylene or mixed gas welding
equipment;
B. Automatic electric shock prevention apparatuses for
alternate current arc welders;
C. Quick stop devices for rollers;
D. Covers for grinding machines;
E. Reaction proof devices and blade guards for wood
working circular saws;
F. Knife guards for power-driven hand-operated planers;
G. Safety mats for industrial robots; and
H. Temporary equipment and materials (excluding the
temporary equipment and materials under Article 28 (1) 2 H)
needed to protect
against the danger of fall, drop, collapse, etc.,
and determined and announced by the Minister of Labor
3. Protective equipment described in the following items
A. Safety helmets (excluding the safety helmets under
Article 28 (1) 3
A);
B. Protective goggles (excluding the protective goggles under
Article 28 (1) 3 J); and
C. Face Shields (excluding the face shields under Article 28
(1) 3 K)
(2) The detailed types or sizes and forms of the machines,
instruments, etc., subject to self safety confirmation under
paragraph
(1) shall be determined and announced by the
Minister of Labor.
Article 28-3 (Hazardous or Dangerous Machines, etc., Subject to
Safety Inspection)
"Hazardous or dangerous machines, instruments and
equipment prescribed by the Presidential Decree" in Article 36
(1) of the Act
are as follows :
1. Presses;
2. Shearing machines;
3. Cranes (excluding movable cranes and hoists with rated
load of less than two tons);
- 28 -
4. Lifts;
5. Pressure vessels;
6. Gondolas;
7. Local exhaust ventilation systems (excluding movable
ones)
8. Centrifugal machines (limited to those for industrial use)
9. Chemical equipment and related accessories;
10. Drying equipment and related accessories;
11. Rollers (excluding closed-type ones); and
12. Injection molding machines (excluding those with
cramping force of less than 294 killo newtons)
Article 28-4 (Reasons for Cancellation, etc., of Designation of
Inspection Institution)
(1) "Occasions prescribed by the Presidential Decree" in
Article 15-2 (1) 4 of the Act which applies mutatis mutandis
pursuant
to Article 36-2 (7) of the Act refer to any of the
following cases:
1. Where the designated inspection institution receives fees
without conducting inspection;
2. Where the designated inspection institution draws up
documents relating to inspection in a false way;
3. Where the designated inspection institution refuses to
conduct inspection without any justifiable reasons; or
4. Where the designated inspection institution fails to
comply with standards for judging inspection results or to
present opinions
on safety measures based on inspection results.
Article 29 (Hazardous Substances Prohibited from Being Manufactured,
etc.)
(1) Hazardous substances prohibited from being manufactured,
imported, transferred, supplied or used under Article 37 (1) of
the
Act shall be as follows: 1. Yellow phosphorous match;
2. Paint containing white lead(excluding those whose volume
ratio of white lead is less than two percent);
3. Polychlorinated terphenyl (PCT);
4. 4-Nitrodiphenyl and its salts;
5. Actinolite asbestos, anthophyllite asbestos and tremolite
asbestos;
6. -Naphthylamine and its salts;
6-2. Crocidolite asbestos and amosite asbestos;
7. Rubber glue containing benzene (excluding those whose
volume ratio of benzene is less than 5 percent);
8. Preparations containing any of the substances prescribed
in subparagraphs 3 through 6-2 (excluding preparations,
in which the
weight ratio of such substances is less 1
percent);
9. Substances prohibited from being manufactured, imported,
sold, kept and stored, delivered or used pursuant to
Article 32 of the
Toxic Chemicals Control Act; and
10. Other substances that are determined to be hazardous to
the workersßÓhealth by the Minister of Labor after going
through review
of the Policy Deliberation Committee.
(2) Deleted 1. Dichlorobenzidine and its salts;
2. -Naphthylamine and its salts;
3. Zinc chromates;
4. Ortho-Tolidine and its salts;
5. Dianisidine and its salts;
6. Beryllium;
7. Arsenic and its inorganic compound;
8. Chromite ore (limited to the case of plastic treatment by
adding heat thereto)
9. Deleted. 10. Coal tar pitch volatiles;
11. Nickel sulfide;
12. Vinyl chloride;
13. Benzotrichloride;
14. Asbestos (excluding asbestos pursuant to Article 29 (1));