(1) Reasons for Proposal
As expanding the subject to be protected by the Act, the amendment aims to improve and complement a number of weaknesses that have emerged in the operation of the current system by providing safety and health measures for persons in special types of employment, delivery workers, etc., by taking measures for a forklift driver to check for obstacles, people, or traffic towards the rear to prevent accidents during forklift operation, by imposing obligations of safety measures to prevent fires caused by combustible materials during the external work of buildings or facilities, and by arranging fire watchers in consideration of the flame scattering distance in welding and fusing work.
(2) Major Provisions
A. Strengthen safety measures for forklifts (Article 179)
(1) There arise collision accidents with workers due to not having a clear rear view during forklift operations used for transporting heavy objects in industrial sites.
(2) Require taking steps to check rearwards to prevent collision between s forklift and other workers during operation.
B. Strengthen safety measures to prevent the spread of fire and explosion (Article 236 and Article 241-2)
(1) Since the current criteria for workplaces subject to arranging fire watchers are limited to large-scale workplaces, there is a limit to the ability to prevent fire and explosion in small and medium-sized workplaces,
(2) Since various combustible materials are left in places where fire-risk work is performed, a large amount of toxic gas released in the event of fires causes mass mortality events,
(3) Therefore, require an arrangement of fire watchers in consideration with the flame scattering distance (11 m) in welding and fusing work and storing combustible materials such as synthetic fibers, synthetic resins, etc., which generate toxic gas, separating from a fire risk location.
C. Strengthen safety measures to prevent fire and explosion (Article 241 and Article 241-3)
(1) While the scope of the current fire prevention measures is limited to the inside of buildings or facilities having flammable materials in locations where ventilation or airing-out is insufficient, fire also occurs with combustible materials even in external work,
(2) Since people do not comply with safety rules when performing fire-risk work such as welding, fusing, etc., there are many cases that fire flames are transferred to combustible materials, which results in a large fire accident,
(3) Therefore, require extending the scope of fire safety measures for fire-risk work to the outside of buildings and facilities, irrespective of ventilation or airing-out, and the work being performed under the approval of a business owner after making pre-checks and taking safety measures before starting the work.
D. Obligation to record and preserve negative pressure maintenance results during asbestos dismantling and removal work (Article 495)
(1) Although the current Regulations require maintaining negative pressure during asbestos dismantling and removal work, it is difficult to confirm after the end of the work whether the negative pressure is maintained since there is no obligation to record and preserve the results of the negative pressure.
(2) It is necessary to prevent leakage of asbestos dust by imposing an obligation to record and preserve the negative pressure maintenance results.
E. Safety measures, etc., for persons in special types of employment, etc. (Article 671 and Article 672)
(1) By providing safety and health measures for persons in special types of employment and delivery workers since the subject to be protected by the Act is expanded,
(2) The amendment aims to contribute to the prevention of industrial accidents for persons in special types of employment and persons who collect and deliver goods using motorcycles.