1. Reason for establishment
○ As Act on Severe Accident Punishment, etc. (Act No. 17907, promulgated on January 26, 2021, enforcement on January 27, 2022) was established to secure safety right of employees including laborers and general citizens and prevent severe accidents caused by organizational culture or insufficient safety control systems of enterprises by punishing business operators, executive chiefs, and corporations, etc. when severe industrial disasters and severe civil disasters occur, it is intended to establish the enforcement decree to prescribe legally consigned matters and the matters needed to execute such matters.
2. Main content
○ Range of occupational disease patients (Article 2 and Appendix Table 1 of draft)
- Diseases, which belong to severe industrial accidents such as acute poisoning such as CNS disorders, etc. to be caused by temporary exposure to mass quantity of vinyl chloride, organic tin, methyl bromide, and carbon monoxide, of occupational disease patients are specified.
○ Range of public facilities (Article 3, Appendix Table 2, and Appendix Table 3 of draft)
- The range of public facilities for application of severe civil accidents is specified as underground subway stations and underground passage shops having 2,000 m2 or larger total floor area, etc. among the facilities under Article 3.1 of Indoor Air Quality Management Act, bridges having 50m or longer individual span length or seawalls having 500m or longer individual length, etc. among the facilities under Article 2.1 of Special Act on Safety and Maintenance of Facilities, business places having 1,000 square meters of individual total floor area to be used for business among the business places under Article 2.1.1 of Special Act on Safety Management of Multi-Use Businesses, and other equivalent facilities including business places having 2,000 m2 or larger individual business place area among the gas stations under Enforcement Decree of Petroleum and Petroleum Substitute Fuel Business Act and LPG stations under Safety Control and Business of Liquefied Petroleum Gas Act among the places having high possibility of occurrence of life and physical damages at occurrence of accidents.
○ Measures for construction and execution of safety & health management system in relation to severe industrial accidents (Article 4 of draft)
- Provisions are established so that business operators and executive chiefs, etc. take required measures by setting the goals of safety & health and management policies, by preparing work processing procedures to confirm, check, and improve hazard/risk factors depending on properties of working places and work and checking the execution situation, by arranging professional personnel of safety & health, and by making the budget suitable to be equipped with the manpower, facilities, and equipment, etc. of safety & health.
○ Management measures needed to fulfill liabilities in accordance with the acts and subordinate statutes related with severe industrial accidents (Article 5 of draft)
- Provisions are established so that business operators and executive chiefs, etc. check that liabilities under the acts and subordinate statutes related with safety & health and get the report of the result, take required measures if such liabilities are not fulfilled, check that safety & health education needed for harmful or danger work is provided in accordance with the acts and subordinate statutes related with safety & health, and take required measures if such education is not provided.
○ Receiving safety & health education and imposing the fine for negligence (Article 6 through Article 9 and Appendix Table 4 of draft)
- Content, time, method, and burden, etc. of safety & health education to be completed by the CEO, etc. of the corporations or agencies where severe industrial accidents occurred are prescribed and fine imposition standard is established depending on times of violation and scales of work places for the case that such safety & health education was not completed without any righteous reason.
○ Measures for construction and execution of safety & health management system in relation to raw materials and manufactured products (Article 10 and Appendix Table 5 of draft)
- Provisions are established so that business operators and executive chiefs, etc. confirm and check twice a year that adequate scale of manpower is arranged and adequate budgets is made for prevention of severe civil accidents in relation to raw materials and manufactured products and business operators and executive chiefs, etc. who do not belong to small business operators prepare and execute work processing procedures including the matters on confirmation and check of hazard and risk factors of raw materials and manufactured products prescribed in Appendix Table 5 of Enforcement Decree.
○ Management measures needed to fulfill liabilities in accordance with the acts and subordinate statutes related with raw materials and manufactured products (Article 11 of draft)
- Provisions are established so that business operators and executive chiefs, etc. confirm and check twice a year that liabilities under the acts and subordinate statutes related with safety & health are fulfilled, get the report of the result, and take adequate measures if required to fulfill the liabilities and business operators and executive chiefs, etc. who do not belong to small business operators confirm that education is provided to fulfill the liabilities under the acts and subordinate statutes concerned and get the report of the result.
○ Measures for construction and execution of safety & health management system in relation to public facilities and public transportation means (Article 12 of draft)
- Provisions are established so that business operators and executive chiefs, etc. arrange safety manpower, make safety budget, establish safety plan, and perform and confirm safety check every year in order to maintain public facilities, which are practically governed, operated, and managed by the business operators, corporations, or agencies, and public transportation means in the state sufficient to prevent severe civil accidents, check aforesaid matters twice a year at least, and take required measures such as correction of safety plan and additional preparation of manpower/budget.
○ Management measures needed to fulfill liabilities in accordance with the acts and subordinate statutes related with public facilities and public transportation means (Article 13 of draft)
- Provisions are established so that business operators and executive chiefs, etc. check fulfillment of liabilities under the acts and subordinate statutes concerned once a year at lease in order to maintain public facilities, which are practically governed, operated, and managed by the business operators, corporations, or agencies, and public transportation means in the state sufficient to prevent severe civil accidents and check that safety managers and maintenance/inspection personnel completed required education.
○ Announcement of occurrence of severe industrial accidents (Article 14 of draft)
- Provisions are established in relation to the content and method of announcement of severe industrial accidents occurred in business places for which the punishment was determined when severe industrial accidents occurred in violation of liability to secure safety & health.
○ Storage of written data (Article 15 of draft)
- Provisions are established so that business operators and executive chiefs, etc. who do not belong to small business operators prepare written content on fulfillment of liability to secure safety & health and prepare such content for five years.
