(1) Reasons for Proposal
As the Occupational Safety and Health Act was wholly revised (Act No. 16272, January 15, 2019, to be enacted on January 16, 2020), expanding the principals of industrial accident prevention responsibility and introducing a contract work approval system to prevent risk outsourcing, etc., the amendment aims to improve and complement a number of weaknesses that have emerged in the operation of the current system by stipulating the provisions on the report and approval procedure for a safety and health plan by the board of directors, by determining the matters delegated by the Act, such as procedures, methods, and standards for the approval of contract work and matters necessary for the implementation thereof, and by strengthening the criteria of administrative dispositions where an asbestos concentration measurement result statement is falsely prepared.
(2) Major Provisions
A. Establish procedures for revoking the suspension of work in the event of a fatal accident (Article 71 and Article 72)
(1) Stipulate that any business owner shall submit an application for revoking the suspension order of work after hearing the opinions of workers, who were involved in a fatal accident, about the improvements in harmful and hazardous factors, and the head of the competent regional employment and labor administrative office shall initiate the committee for revoking the suspension of work to decide whether to revoke such suspension order.
(2) The committee for revoking the suspension of work shall be necessarily composed of at least one external expert who has no interest in the workplace, and it is decided to revoke the suspension of work when the harmful and hazardous work subject to the suspension order of work is improved and when it is recognized that safety work measures are sufficiently secured after the suspension is revoked.
B. Procedures, methods, standards, etc., of contract work approval (Article 77 to Article 80)
(1) It is necessary to protect the health rights of contractor's workers by clearly stipulating the procedures, methods, and standards for contract work approval, extension approval, and change approval.
(2) Detail criteria for contract work approval by subdividing it by target work, provide details of the evaluation of safety and health, and clarify requirements for extension approval, change approval, and cancellation of the approval.
C. Prepare a basic safety and health ledger by construction project owners (Article 88)
(1) It is necessary to establish detailed implementation matters in accordance with the newly inserted prevention measures for industrial accidents to be taken by a construction project owner.
(2) Decide details included in the safety and health ledger that a project owner shall prepare or check by construction phase.
D. Make safety measures for machinery and equipment by a construction contractee mandate (Article 98)
(1) Newly establish obligations of safety measures such as joint safety inspection, implementation according to work plan, confirmation of relevant qualifications, suspension of work when danger is anticipated in respect with necessary measures to prevent hazards and dangers taken by a construction contractee.
E. Introduce safety and health education system for persons in special types of employment (Article 99)
(1) As imposing the obligation of safety and health measures for persons in special types of employment by expanding the subject to be protected by the Act, it is necessary to provide the target occupation type, occupational safety and health measure obligation, contents of safety and health education, etc.
(2) For any person, as the subject of the safety and health education under Article 125 of the current Industrial Accident Compensation Insurance Act, who is provided with labor from any paid designated driver, motorcycle dispatch rider, golf course caddy, courier, or construction equipment operator among persons in special types of employment, introduce the system of a 2-hour or more education when he/she is initially employed (exempted when taking a special education) and a 16-hour or more special education (2 hours or more for short-term and intermittent work).
F. Contents and implementation methods of the safety and health program of franchise headquarters (Article 100 and Article 101)
Since the obligations to prevent industrial accidents of franchise headquarters were newly inserted, it is necessary to specify delegated matters by the Act, such as the contents and implementation methods of safety and health programs and methods to provide safety and health information.
G. Provide registration procedures for the tower crane installing and disassembling business (Article 110)
(1) Newly insert registration documents and handling procedures for the tower crane installing and disassembling business.
(2) Newly insert a standard to make administrative dispositions such as the cancellation of registration or suspension of business when a tower crane installing and disassembling business entity violates the Act, such as where he/she registers in a false or fraudulent manner and where he/she fails to comply with the safety rules and is sentenced to a fine or sentenced to imprisonment without labor or heavier punishment.
H. Submission of a material safety data sheet and non-disclosing approval (Article 162, Article 165, and Article 166)
(1) It is necessary to specify the details delegated by the Act with respect to the submission of a material safety data sheet, approval without disclosing information, and request to provide alternative information.
(2) Any manufacturer or importer of chemicals shall submit a material safety data sheet through the computerized system established by the Minister of Employment and Labor before manufacturing and importing the chemicals.
I. Provide procedures for objection to the result of non-disclosing approval (Article 167)
(1) Specify documents required for the application for non-disclosure approval but allow omission of a part of documents for chemicals used in research and development.
(2) If there is an objection to an approval result, the applicant shall submit the written objection within 20 days and the Minister of Employment and Labor shall decide again and notify all relevant parties within 20 days.
J. Provide appointment requirements for a foreign manufacturer and report procedures (Article 170)
Require any foreign manufacturer to submit an appointment application to the Minister of Employment and Labor where he/she appoints a person who performs the work on behalf of an importer.
K. Strengthen the criteria of administrative dispositions where an asbestos concentration measurement result statement is falsely prepared (attached Table 36)
(1) Provide grounds for administrative dispositions where any asbestos investigator or work environment monitoring agency falsely prepares the documents related to an asbestos concentration measurement result statement.
(2) It is expected to prevent asbestos exposure damage to asbestos dismantling and removal workers and residents in the vicinity by preventing false measurement of asbestos concentration in the air and false preparation of measurement results.
L. Introduce a system of reporting required measures based on the results of physical examinations (Article 220)
(1) It is necessary to require business owners to take measures based on the results of special physical examinations, occasional medical examination, and temporary medical examination to ensure that the measures are taken in a timely manner based on the results.
(2) Therefore, for any worker who needs one of the measures such as a reduction of working hours, work conversion, suspension or limit of work, and information to verify an occupational disease with the written opinion of a medical specialist, require submitting the results of the measure for the worker.
