OCCUPATIONAL SAFETY AND HEALTH ACT [See entire ACT]

CHAPTER Ⅲ Safety and Health Management Regulations

Article 29 (Safety and Health Education for Employees)

(1) A business owner shall regularly educate the employees on safety and health, as prescribed by Ordinance of the Ministry of Employment and Labor.

(2) When a business owner employs an employee or changes the scope of the job of an employee, he or she shall provide the employee with the safety and health education necessary for the relevant job, as prescribed by Ordinance of the Ministry of Employment and Labor: Provided, That this shall not apply where a daily employed construction worker who has completed the safety and health education referred to in Article 31 (1) is employed.

(3) When a business owner employs an employee for a hazardous or risky job or requires any employee to newly take such job, he or she shall conduct the safety and health education necessary to take such hazardous or risky job, in addition to the safety and health education prescribed in paragraph (2), as prescribed by Ordinance of the Ministry of Employment and Labor.

(4) A business owner may entrust any safety and health education prescribed in paragraphs (1) through (3) to a safety and health educational institution registered with the Minister of Employment and Labor under Article 33.

Enforcement Ordinance

Article 40 (Registration of Safety and Health Educational Institutions and Revocation Thereof)

(1) An entity who intends to be registered as a safety and health educational institution for safety and health education prescribed in Article 29 (1) through (3) of the Act (hereinafter referred to as “employee safety and health educational institution”) pursuant to the former part of Article 33 (1) of the Act shall be a juristic person or, a school defined in Article 2 of the Higher Education Act in which a department related to occupational safety and health is established, and shall meet the standards for human resources, facilities and equipment specified in attached Table 10.

(2) An entity who intends to be registered as a safety and health educational institution for safety and health education referred to in the main clause of Article 31 (1) of the Act pursuant to the former part of Article 33 (1) of the Act shall be a juristic person or, a school defined in Article 2 of the Higher Education Act in which a department related to occupational safety and health is established, and shall meet standards for human resources, facilities and equipment specified in attached Table 11.

(3) Each of the following entities shall be eligible to be registered as a safety and health educational institution for safety and health education referred to in the main clause, with the exception of the subparagraphs, of Article 32 (1) of the Act (hereinafter referred to as “safety and health educational institution”) pursuant to the former part of Article 33 (1) of the Act:

1. The Korea Occupational Safety and Health Agency established under the Korea Occupational Safety and Health Agency Act (hereinafter referred to as the “Agency”);

2. Any of the following entities that meet the standards for human resources, facilities and equipment specified in attached Table 12:

(a) A school defined in Article 2 of the Higher Education Act in which a department related to occupational safety and health is established;

(b) A non-profit corporation.

(4) “Important registered matters prescribed by Presidential Decree” in the latter part of Article 33 (1) of the Act means each of the following matters:

1. The name of an educational institution (business name);

2. The location of an educational institution;

3. The name of a representative.

(5) “Any other ground prescribed by Presidential Decree” in Article 21 (4) 5 of the Act which, pursuant to Article 33 (4) of the Act, shall apply mutatis mutandis to safety and health educational institutions referred to in paragraphs (1) through (3) means any of the following:

1. Falsely preparing a document related to the education;

2. Refusing to provide the education without good cause;

3. Receiving fees without providing the education;

4. Failing to follow the curriculum or method of the education prescribed in Article 29 (1) through (3) of the Act; the main clause of Article 31 (1); or the main clause, with the exception of the subparagraphs, of Article 32 (1).

Article 30 (Exemption from Safety and Health Education for Employees)

(1) Notwithstanding Article 29 (1), a business owner need not fully or partially conduct the safety and health education prescribed in that paragraph in any of the following cases:

1. Where the occurrence rate of industrial accidents at a place of business falls under the criteria prescribed by Ordinance of the Ministry of Employment and Labor;

2. Where an employee completes education prescribed by Ordinance of the Ministry of Employment and Labor, including education on health management, at facilities prescribed in subparagraph 3 of Article 11;

3. Where a supervisor completes education prescribed by Ordinance of the Ministry of Employment and Labor, including education for enhancing professionalism in performing duties for occupational safety and health.

(2) Notwithstanding Article 29 (2) or (3), a business owner need not fully or partially conduct the safety and health education prescribed in paragraph (2) or (3) of that Article in cases prescribed by Ordinance of the Ministry of Employment and Labor, such as where the safety and health education is to be provided to employees with experience in the job for which they are employed or to which they are newly assigned.

Article 31 (Basic Education on Safety and Health in Construction Business)

(1) When a construction business owner hires a daily employed construction worker, he or she shall require such worker to complete safety and health education provided by a safety and health educational institution referred to in Article 33: Provided, That the foregoing shall not apply where a daily employed construction worker has completed the safety and health education before he or she is hired by a business owner.

(2) The number of hours, content, and methods of safety and health education referred to in the main clause of paragraph (1), and other necessary matters shall be prescribed by Ordinance of the Ministry of Employment and Labor.

Enforcement Ordinance

Article 40 (Registration of Safety and Health Educational Institutions and Revocation Thereof)

(1) An entity who intends to be registered as a safety and health educational institution for safety and health education prescribed in Article 29 (1) through (3) of the Act (hereinafter referred to as “employee safety and health educational institution”) pursuant to the former part of Article 33 (1) of the Act shall be a juristic person or, a school defined in Article 2 of the Higher Education Act in which a department related to occupational safety and health is established, and shall meet the standards for human resources, facilities and equipment specified in attached Table 10.

(2) An entity who intends to be registered as a safety and health educational institution for safety and health education referred to in the main clause of Article 31 (1) of the Act pursuant to the former part of Article 33 (1) of the Act shall be a juristic person or, a school defined in Article 2 of the Higher Education Act in which a department related to occupational safety and health is established, and shall meet standards for human resources, facilities and equipment specified in attached Table 11.

(3) Each of the following entities shall be eligible to be registered as a safety and health educational institution for safety and health education referred to in the main clause, with the exception of the subparagraphs, of Article 32 (1) of the Act (hereinafter referred to as “safety and health educational institution”) pursuant to the former part of Article 33 (1) of the Act:

1. The Korea Occupational Safety and Health Agency established under the Korea Occupational Safety and Health Agency Act (hereinafter referred to as the “Agency”);

2. Any of the following entities that meet the standards for human resources, facilities and equipment specified in attached Table 12:

(a) A school defined in Article 2 of the Higher Education Act in which a department related to occupational safety and health is established;

(b) A non-profit corporation.

(4) “Important registered matters prescribed by Presidential Decree” in the latter part of Article 33 (1) of the Act means each of the following matters:

1. The name of an educational institution (business name);

2. The location of an educational institution;

3. The name of a representative.

(5) “Any other ground prescribed by Presidential Decree” in Article 21 (4) 5 of the Act which, pursuant to Article 33 (4) of the Act, shall apply mutatis mutandis to safety and health educational institutions referred to in paragraphs (1) through (3) means any of the following:

1. Falsely preparing a document related to the education;

2. Refusing to provide the education without good cause;

3. Receiving fees without providing the education;

4. Failing to follow the curriculum or method of the education prescribed in Article 29 (1) through (3) of the Act; the main clause of Article 31 (1); or the main clause, with the exception of the subparagraphs, of Article 32 (1).

Article 32 (On-the-Job Training for Persons in Charge of Safety and Health Management)

(1) A business owner (in cases falling under subparagraph 5, referring to the head of any institution prescribed in the items of that subparagraph) shall require the following persons to complete safety and health education related to their jobs conducted by a safety and health educational institution referred to in Article 33: Provided, That the safety and health education need not be fully or partially provided in cases prescribed by Ordinance of the Ministry of Employment and Labor, including where the following persons have received safety and health education pursuant to other statutes or regulations:

1. A person in charge of safety and health management;

2. A safety officer;

3. A health officer;

4. A safety and health manager;

5. A person engaged in duties related to safety and health in the following institutions:

(a) A specialized safety management institution;

(b) A specialized health management institution;

(c) A specialized guidance institution for preventing construction industrial accidents designated under Article 74;

(d) A safety inspection institution designated under Article 96;

(e) A voluntary safety inspection institution designated under Article 100;

(f) An asbestos inspection institution designated under Article 120.

(2) The number of hours, content, and methods of safety and health education referred to in the main clause of paragraph (1), with the exception of its subparagraphs, and other necessary matters shall be prescribed by Ordinance of the Ministry of Employment and Labor.

Enforcement Ordinance

Article 40 (Registration of Safety and Health Educational Institutions and Revocation Thereof)

(1) An entity who intends to be registered as a safety and health educational institution for safety and health education prescribed in Article 29 (1) through (3) of the Act (hereinafter referred to as “employee safety and health educational institution”) pursuant to the former part of Article 33 (1) of the Act shall be a juristic person or, a school defined in Article 2 of the Higher Education Act in which a department related to occupational safety and health is established, and shall meet the standards for human resources, facilities and equipment specified in attached Table 10.

(2) An entity who intends to be registered as a safety and health educational institution for safety and health education referred to in the main clause of Article 31 (1) of the Act pursuant to the former part of Article 33 (1) of the Act shall be a juristic person or, a school defined in Article 2 of the Higher Education Act in which a department related to occupational safety and health is established, and shall meet standards for human resources, facilities and equipment specified in attached Table 11.

(3) Each of the following entities shall be eligible to be registered as a safety and health educational institution for safety and health education referred to in the main clause, with the exception of the subparagraphs, of Article 32 (1) of the Act (hereinafter referred to as “safety and health educational institution”) pursuant to the former part of Article 33 (1) of the Act:

1. The Korea Occupational Safety and Health Agency established under the Korea Occupational Safety and Health Agency Act (hereinafter referred to as the “Agency”);

2. Any of the following entities that meet the standards for human resources, facilities and equipment specified in attached Table 12:

(a) A school defined in Article 2 of the Higher Education Act in which a department related to occupational safety and health is established;

(b) A non-profit corporation.

(4) “Important registered matters prescribed by Presidential Decree” in the latter part of Article 33 (1) of the Act means each of the following matters:

1. The name of an educational institution (business name);

2. The location of an educational institution;

3. The name of a representative.

(5) “Any other ground prescribed by Presidential Decree” in Article 21 (4) 5 of the Act which, pursuant to Article 33 (4) of the Act, shall apply mutatis mutandis to safety and health educational institutions referred to in paragraphs (1) through (3) means any of the following:

1. Falsely preparing a document related to the education;

2. Refusing to provide the education without good cause;

3. Receiving fees without providing the education;

4. Failing to follow the curriculum or method of the education prescribed in Article 29 (1) through (3) of the Act; the main clause of Article 31 (1); or the main clause, with the exception of the subparagraphs, of Article 32 (1).

Article 33 (Safety and Health Educational Institutions)

(1) Any person intending to provide the safety and health education prescribed in Article 29 (1) through (3), the safety and health education prescribed in the main clause of Article 31 (1), or the safety and health education prescribed in the main clause of Article 32 (1), with the exception of its subparagraphs, shall be registered with the Minister of Employment and Labor after meeting the requirements for human resources, facilities, equipment, etc. prescribed by Presidential Decree. The same shall also apply when amending any of the important registered matters prescribed by Presidential Decree.

(2) The Minister of Employment and Labor may evaluate a person registered under paragraph (1) (hereinafter referred to as “safety and health educational institution”), and publish the results of such evaluation. In such cases, matters necessary for the standards and methods for evaluation, and for publishing the results of evaluation shall be prescribed by Ordinance of the Ministry of Employment and Labor.

(3) The procedures for registration under paragraph (1), the performance of duties, and other necessary matters shall be prescribed by Ordinance of the Ministry of Employment and Labor.

(4) Article 21 (4) and (5) shall apply mutatis mutandis to safety and health educational institutions. In such cases, “specialized safety management institution or specialized health management institution” shall be construed as "safety and health educational institution", and "designation" as "registration".

Enforcement Ordinance

Article 40 (Registration of Safety and Health Educational Institutions and Revocation Thereof)

(1) An entity who intends to be registered as a safety and health educational institution for safety and health education prescribed in Article 29 (1) through (3) of the Act (hereinafter referred to as “employee safety and health educational institution”) pursuant to the former part of Article 33 (1) of the Act shall be a juristic person or, a school defined in Article 2 of the Higher Education Act in which a department related to occupational safety and health is established, and shall meet the standards for human resources, facilities and equipment specified in attached Table 10.

(2) An entity who intends to be registered as a safety and health educational institution for safety and health education referred to in the main clause of Article 31 (1) of the Act pursuant to the former part of Article 33 (1) of the Act shall be a juristic person or, a school defined in Article 2 of the Higher Education Act in which a department related to occupational safety and health is established, and shall meet standards for human resources, facilities and equipment specified in attached Table 11.

(3) Each of the following entities shall be eligible to be registered as a safety and health educational institution for safety and health education referred to in the main clause, with the exception of the subparagraphs, of Article 32 (1) of the Act (hereinafter referred to as “safety and health educational institution”) pursuant to the former part of Article 33 (1) of the Act:

1. The Korea Occupational Safety and Health Agency established under the Korea Occupational Safety and Health Agency Act (hereinafter referred to as the “Agency”);

2. Any of the following entities that meet the standards for human resources, facilities and equipment specified in attached Table 12:

(a) A school defined in Article 2 of the Higher Education Act in which a department related to occupational safety and health is established;

(b) A non-profit corporation.

(4) “Important registered matters prescribed by Presidential Decree” in the latter part of Article 33 (1) of the Act means each of the following matters:

1. The name of an educational institution (business name);

2. The location of an educational institution;

3. The name of a representative.

(5) “Any other ground prescribed by Presidential Decree” in Article 21 (4) 5 of the Act which, pursuant to Article 33 (4) of the Act, shall apply mutatis mutandis to safety and health educational institutions referred to in paragraphs (1) through (3) means any of the following:

1. Falsely preparing a document related to the education;

2. Refusing to provide the education without good cause;

3. Receiving fees without providing the education;

4. Failing to follow the curriculum or method of the education prescribed in Article 29 (1) through (3) of the Act; the main clause of Article 31 (1); or the main clause, with the exception of the subparagraphs, of Article 32 (1).

For further questions, please
call (+82) 2-539-0098 or email bongsoo@k-labor.com

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