OCCUPATIONAL SAFETY AND HEALTH ACT [See entire ACT]

CHAPTER Ⅳ Measures for Preventing Harm and Hazard

Article 34 (Posting Purport of Statutes or Regulations)

A business owner shall keep his or her employees fully informed of the essential provisions of this Act and of the orders issued pursuant to this Act, and safety and health management regulations by posting or keeping such provisions and regulations in a place easily discernible to the employees in each place of business.

Article 35 (Request for Notification by Representative of Employees)

The representative of employees may request that a business owner notify him or her of the following matters; the business owner shall faithfully comply with such request:

1. Matters determined by the occupational safety and health committee (referring to the labor-management council where a labor-management council is organized and operated pursuant to Article 75);

2. Matters concerning the results of safety and health checkup referred to in Article 47;

3. Matters concerning formulating and executing a safety and health improvement plan under Article 49;

4. Matters concerning measures to be implemented by a contractee prescribed in the subparagraphs of Article 64 (1);

5. Matters concerning material safety data sheets referred to in Article 110 (1);

6. Matters concerning working environment monitoring referred to in Article 125 (1);

7. Other matters concerning safety and health prescribed by Ordinance of the Ministry of Employment and Labor.

< > Subparagraph 5 of Article 35

Article 36 (Conducting Risk Assessment)

(1) A business owner shall identify hazardous or risk factors caused by buildings, machinery and apparatus, equipment, raw materials, gas, steam, dust, specific work behaviors of employees, or other duties and evaluate whether the degree of the risks that can cause injury and illness is within acceptable limits; take measures pursuant to this Act or orders issued pursuant to this Act based upon the results of such evaluation; and take additional measures where necessary to prevent risks to or the health impairment of employees.

(2) When conducting an evaluation prescribed in paragraph (1), a business owner shall have employees at the relevant workplace participate therein, as determined and publicly notified by the Minister of Employment and Labor.

(3) A business owner shall prepare and retain records on the results of an evaluation prescribed in paragraph (1) and the measures that have been taken, as prescribed by Ordinance of the Ministry of Employment and Labor.

(4) The methods, procedures, and timing of evaluations prescribed in paragraph (1) and other necessary matters shall be determined and publicly notified by the Minister of Employment and Labor.

Article 37 (Installation and Affixing of Safety and Health Signs)

(1) A business owner shall install or affix signs showing pictures, symbols, letters, etc. (hereafter in this Article referred to as “safety and health signs”) to give warning for hazardous or dangerous places, facilities, or materials; to provide instructions and guidance on responding to an emergency; or to offer other information aimed at raising employees’ awareness of safety and health, in a manner that such signs are easily discernible to employees. In such cases, business owners who have employed foreign workers prescribed in Article 2 (including persons prescribed in the proviso of that Article) of the Act on the Employment of Foreign Workers shall make such signs in the native language of such foreign workers, as prescribed by the Minster of Employment and Labor.

(2) The type, form, color, and usage of safety and health signs; the installation and affixing place thereof; and other necessary matters shall be prescribed by Ordinance of the Ministry of Employment and Labor.

Article 38 (Safety Measures)

(1) A business owner shall take measures necessary to prevent industrial accidents caused by any of the following dangers:

1. Dangers caused by machinery, apparatus, or other equipment;

2. Dangers caused by explosive, combustible, or inflammable substances, etc.;

3. Dangers caused by electricity, heat, or other energy.

(2) A business owner shall take measures necessary to prevent industrial accidents occurring due to dangers caused by inappropriate work methods, etc. in excavating, quarrying, loading and unloading, timbering, transporting, operating, conveying, dismantling, handling heavy objects, and performing other work.

(3) A business owner shall take measures necessary to prevent industrial accidents that may occur when an employee performs work in any of the following places:

1. Places where an employee is at risk of falling;

2. Places where sand, structures, etc. are likely to collapse;

3. Places where objects are at risk of falling or flying;

4. Places where any danger is likely to occur due to natural disasters.

(4) Detailed matters concerning measures to be taken by a business owner under paragraphs (1) through (3) (hereinafter referred to as “safety measures”) shall be prescribed by Ordinance of the Ministry of Employment and Labor.

Article 39 (Health Measures)

(1) A business owner shall take measures necessary to prevent any of the following health impairments (hereinafter referred to as “health measures”):

1. Health impairments caused by raw materials, gases, vapors, dust, fumes (referring to fine particles generated by condensation of solid vapors formed by heat or chemical reactions), mist (referring to small liquid droplets floating in the air), oxygen deficiency, pathogens, etc.;

2. Health impairments caused by radiation, hazardous rays, high temperatures, low temperatures, ultrasonic waves, noises, vibrations, abnormal atmospheric pressure, etc.;

3. Health impairments caused by gases, liquid, remnants, etc. discharged from the place of business;

4. Health impairments caused by monitoring gauges, operating computer terminals, precision work, etc.;

5. Health impairments caused by simple repetitive tasks or tasks requiring excessive physical labor;

6. Health impairments caused by failure to maintain proper standards of ventilation, lighting, illumination, thermal insulation, dampproofing, cleanliness, etc.

(2) Detailed matters concerning health measures to be taken by a business owner under paragraph (1) shall be prescribed by Ordinance of the Ministry of Employment and Labor.

Article 40 (Safety Measures and Health Measures to Be Observed by Employees)

Each employee shall comply with measures prescribed by Ordinance of the Ministry of Employment and Labor, which are taken by a business owner pursuant to Articles 38 and 39.

Article 41 (Measures for Preventing Health Impairments Caused by Abusive Language of Customers)

(1) With respect to employees mainly engaged in selling goods or providing services directly to customers or speaking with customers through an information and communications network defined in Article 2 (1) 1 of the Act on Promotion of Information and Communications Network Utilization and Information Protection (hereinafter referred to as “customer service employees”), a business owner shall take necessary measures as prescribed by Ordinance of the Ministry of Employment and Labor to prevent health impairments that may be caused by abusive language, assault, or any other conduct of customers inflicting physical or mental pains beyond a certain limit (hereinafter referred to as "abusive language, etc.").

(2) Where any customer service employee suffers or is highly likely to suffer health impairments due to abusive language, etc. of customers, a business owner shall take necessary measures prescribed by Presidential Decree, such as temporarily suspending his or her work or transferring him or her to another position.

(3) A customer service employee may request that a business owner take any measure prescribed in paragraph (2), and the business owner shall not dismiss or otherwise treat unfavorably such employee by reasons of such request.

Enforcement Ordinance

Article 41 (Measures concerning Occurrence of Health Problems Due to Verbal Abuse of the third party)

“Necessary measures prescribed by Presidential Decree, such as temporarily suspending his or her duties or transferring him or her to another position” in Article 41 (2) of the Act means any of the following measures:

1. Temporary suspension or change of duties;

2. Extension of recess hours prescribed in Article 54 (1) of the Labor Standards Act;

3. Assistance in medical treatment or counseling related to health problems resulting from verbal abuse, etc. prescribed in Article 41 (2) of the Act;

4. Assistance prescribed in Article 41 (2) of the Act in filing a criminal complaint, a criminal charge, or a claim for damages due to verbal abuse, etc. prescribed in that paragraph, such as submitting evidence or evidentiary materials to the relevant investigation agency or court.

Article 42 (Preparation and Submission of Hazard Prevention Plans)

(1) A business owner shall formulate a plan for preventing hazards and dangers pursuant to this Act or any order issued under this Act (hereinafter referred to as "hazard prevention plan") and submit it to the Minister of Employment and Labor for review, as prescribed by Ordinance of the Ministry of Employment and Labor, in any of the following cases: Provided, That any business owner who meets the standards prescribed by Ordinance of the Ministry of Employment and Labor in consideration of industrial accident rates, etc., among the business owners prescribed in subparagraph 3, shall directly review a hazard prevention plan and prepare a report on the results of such review to submit it to the Minister of Employment and Labor:

1. Where an owner of business of a type and scale prescribed by Presidential Decree intends to install or relocate any structure, machinery, apparatus, equipment, etc. directly related to the process of manufacturing the relevant products or to make any major structural alteration thereto;

2. Where a business owner intends to install or relocate any machinery, apparatus, or equipment, which is used for hazardous or dangerous work or at a hazardous or dangerous place or used to prevent health impairments, among the machinery, apparatus, or equipment prescribed by Presidential Decree, or to make any major structural alteration thereto;

3. Where a business owner intends to commence construction works of a scale, height, etc. prescribed by Presidential Decree.

(2) When any business owner intending to commence construction works prescribed in paragraph (1) 3 (excluding business owners prescribed in the proviso of paragraph (1), with the exception of its subparagraphs) prepares a hazard prevention plan, he or she shall hear the opinions of persons meeting the qualification requirements prescribed by Ordinance of the Ministry of Employment and Labor, such as the qualification in construction safety.

(3) Notwithstanding paragraph (1), where a business owner has submitted a process-safety report referred to in Article 44 (1) to the Minister of Employment and Labor, a hazard prevention plan is deemed submitted with respect to the relevant hazardous or dangerous equipment.

(4) The Minister of Employment and Labor shall review a hazard prevention plan submitted pursuant to the main clause of paragraph (1), with the exception of the subparagraphs, as prescribed by Ordinance of the Ministry of Employment and Labor and provide a written notice of the results of such review to the relevant business owner. In such cases, where deemed necessary to maintain and promote the safety and health of employees, the Minister of Employment and Labor may order the suspension of the relevant work or construction works or an amendment to the plan.

(5) A business owner prescribed in paragraph (1) shall keep in the place of business a hazard prevention plan that he or she has directly reviewed under the proviso of that paragraph, , or that has been reviewed by the Minister of Employment and Labor under paragraph (4) as well as the results of such review.

(6) Where a business owner intending to commence construction works prescribed in paragraph (1) 3, who keeps a hazard prevention plan and the results of its review in the place of business pursuant to paragraph (5), determines it necessary to amend the hazard prevention plan due to changes in the construction method of the relevant construction works, etc., such business owner shall amend the plan and keep such amended plan.

Enforcement Ordinance

Article 42 (Businesses Subject to Submission of Plans for Preventing Harm and Danger)

(1) "Business of a type and scale prescribed by Presidential Decree” in Article 42 (1) 1 of the Act means any of the following businesses whose agreed electric capacity is not less than 300 kilowatts:

1. Manufacturing fabricated metal products (excluding machinery and furniture);

2. Manufacturing non-metallic mineral products;

3. Manufacturing other machinery or equipment;

4. Manufacturing motor vehicles and trailers;

5. Manufacturing food products;

6. Manufacturing rubber or plastic products;

7. Manufacturing wood and products of wood and cork;

8. Manufacturing other products;

9. Manufacturing basic metal products;

10. Manufacturing furniture;

11. Manufacturing chemical substances and chemical products;

12. Manufacturing semiconductors;

13. Manufacturing electronic components.

(2) “Machines, apparatus or equipment prescribed by Presidential Decree” in Article 42 (1) 2 of the Act means any of the following machines, apparatus or equipment. In such cases, the specific scope of machines, apparatus or equipment prescribed in the following shall be determined and publicly notified by the Minister of Employment and Labor:

1. Metal or other mineral melting furnace;

2. Chemical equipment;

3. Drying equipment;

4. Gas gathering welding equipment;

5. Facilities related to substances prohibited from manufacturing referred to in Article 117 (1) of the Act or substances subject to permission referred to in Article 118 (1) of the Act;

6. Deleted

(3) “Construction works of the scale, height, etc. prescribed by Presidential Decree” in Article 42 (1) 3 of the Act means any of the following works:

1. Construction, remodeling or dismantling (hereinafter referred to as "construction, etc.”) of any of the following buildings or facilities:

(a) Buildings or artificial structures with a height of at least 31 meters;

(b) Buildings with a total floor area of at least 30,000 square meters;

(c) Any of the following facilities with a total floor area of at least 5,000 square meters:

(i) Cultural and assembly facilities (excluding exhibition halls, zoos and botanical gardens);

(ii) Sales facilities and transportation facilities (excluding high-speed rail stations and collection and delivery facilities);

(iii) Religious facilities;

(iv) General hospitals among medical facilities;

(v) Tourist accommodations among accommodation facilities;

(vi) Underground shopping mall;

(vii) Refrigeration and cold storage facilities;

2. Facility construction and insulation work for refrigeration and cold storage warehouse facilities with a total floor area of at least 5,000 square meters;

3. Construction, etc. of bridges with a maximum span length (the distance between the column of a bridge and the center of the column) of at least 50 meters;

4. Construction, etc. of tunnels;

5. Construction, etc. of multi-purpose dams, power generation dams, water reservoir dams with a storage capacity of at least 20 million tons, and local water supply dams;

6. Excavation works for a depth of at least 10 meters.

Article 43 (Verification of Implementation of Hazard Prevention Plans)

(1) A business owner who has had a hazard prevention plan reviewed pursuant to Article 42 (4) shall obtain verification from the Minister of Employment and Labor regarding the implementation of such hazard prevention plan, as prescribed by Ordinance of the Ministry of Employment and Labor.

(2) Any business owner prescribed in the proviso of Article 42 (1), with the exception of its subparagraphs, shall directly verify the implementation of a hazard prevention plan, as prescribed by Ordinance of the Ministry of Employment and Labor: Provided, That where an employee dies during the relevant construction works (excluding cases prescribed by Ordinance of the Ministry of Employment and Labor, including a traffic accident), a business owner shall obtain verification from the Minister of Employment and Labor regarding the implementation of a hazard prevention plan, as prescribed by Ordinance of the Ministry of Employment and Labor.

(3) Where the Minister of Employment and Labor finds that measures for preventing hazards and dangers have not been taken according to a hazard prevention plan based on the results of verification prescribed in paragraph (1) and the proviso of paragraph (2), he or she may order necessary measures, such as improving, and ceasing the use of, facilities, etc. or suspending the relevant work, as prescribed by Ordinance of the Ministry of Employment and Labor.

(4) The procedures and methods for improving, and ceasing the use of, facilities, etc. or suspending the relevant work prescribed in paragraph (3), and other necessary matters shall be prescribed by Ordinance of the Ministry of Employment and Labor.

Article 44 (Preparation and Submission of Process-Safety Reports)

(1) A business owner of a place of business with hazardous or dangerous facilities prescribed by Presidential Decree shall prepare a process-safety report and submit it to the Minister of Employment and Labor for review, as prescribed by Presidential Decree, to prevent an accident prescribed by Presidential Decree, which is likely to cause immediate damage to employees in the place of business or to the neighborhood of the place of business, such as the leakage of a dangerous substance from the facilities, fire, or explosion (hereafter in this Article referred to as "serious industrial accident"). In such cases, no relevant hazardous or dangerous facility shall be operated until notification is provided that the content of the process-safety report are appropriate to prevent serious industrial accidents.

(2) In preparing a process-safety report under paragraph (1), a business owner shall undergo deliberation by an occupational safety and health committee: Provided, That in cases of a place of business where no occupational safety and health committee is established, he or she shall hear the opinions of the representative of employees.

Enforcement Ordinance

Article 43 (Facilities Subject to Submission of Process Safety Reports)

(1) "A harmful or dangerous facility specified by Presidential Decree" in the former part of Article 44 (1) of the Act means facilities possessed by a place of business if the place of business is for any of the following businesses, while it means any facility for manufacturing, handling, and storing one or more harmful or dangerous substances listed on attached Table 13 in the quantity not less than the quantity specified in the aforesaid Table or any facility related to the operation of the aforesaid facility if the place of business is for any business other than those specified in the following subparagraphs:

1. The petroleum refining business;

2. The business of reprocessing other fractionated petroleum;

3. The business of manufacturing basic organic petrochemicals or the business of manufacturing synthetic resin and other plastic materials: Provided, That the business of manufacturing synthetic resin and other plastic materials is limited to where it falls under subparagraph 1 or 2 of attached Table 13;

4. The business of manufacturing nitrogenous chemical fertilizers, among businesses of manufacturing nitrogen compounds, and nitrogenous, phosphatic and potassic chemical fertilizers;

5. The business of manufacturing compound fertilizers (excluding cases by simple mixing or blending) among businesses of manufacturing compound fertilizers and other chemical fertilizers;

6. The business of manufacturing chemical fungi-insecticides, and agricultural chemical products (limited to manufacture of raw materials of agricultural chemical products);

7. The business of manufacturing explosives and pyrotechnic products.

(2) Notwithstanding paragraph (1), none of the following facilities shall be deemed a harmful or dangerous facility:

1. Atomic energy equipment;

2. Military installations;

3. Facilities for storing and using heating fuel that a business owner intends to use in the place of his or her business;

4. Wholesale and retail facilities;

5. Transportation equipment, such as vehicles;

6. Charging and storage facilities for liquefied petroleum gas prescribed in the Safety Control and Business of Liquefied Petroleum Gas Act;

7. Gas supply facilities prescribed in the Urban Gas Business Act;

8. Other equipment publicly notified by the Minister of Employment and Labor where the degree of damage due to leaking, fire, exploding, etc. is not deemed serious.

(3) "Any other accident specified by Presidential Decree" in the former part of Article 44 (1) of the Act means any of the following:

1. A leakage, fire, or explosion that occurs in a facility prescribed in paragraph (1) (excluding facilities prescribed in paragraph (2); hereafter in subparagraph 2 the same shall apply) with a risk of killing or injuring employees;

2. A leakage, fire, or explosion that occurs in a facility prescribed in paragraph (1) with a risk of inflicting bodily injuries upon residents in the neighborhood.

Enforcement Ordinance

Article 44 (Contents of Process Safety Reports)

Any process safety report referred to in the former part of Article 44 (1) of the Act shall include the following matters:

1. Process safety information;

2. Process safety evaluation report;

3. Safety operation plan;

4. Emergency control plan;

5. Other matters deemed necessary and publicly notified by the Minister of Employment and Labor regarding process safety.

(2) Necessary details under paragraphs (1) 1 through 4 shall be determined by Ordinance of the Ministry of Employment and Labor.

Enforcement Ordinance

Article 45 (Submission of Process Safety Reports)

(1) Where a business owner establishes (including cases where the manufactured, handled, or stored substances of a existing facility change or the manufactured, handled, or stored quantity increases to a level corresponding to the prescribed quantity of harmful or dangerous substances specified in attached Table 13) or moves a harmful and dangerous facility referred to in Article 43 or alters its major structural part determined by the Minister of Employment and Labor, he or she shall prepare a process-safety report referred to in the former part of Article 44 (1) of the Act and submit it to the Minister of Employment and Labor, as determined by Ordinance of the Ministry of Employment and Labor. In such cases, if the content of a chemical accident prevention management plan referred to in Article 23 of the Chemical Substances Control Act to be submitted by a business owner to the Minister of Environment pursuant to that Act amounts to the subject matters to be included in a process safety report referred to in Article 44, a copy of the chemical accident prevention management plan referred to in Article 23 of that Act may be provided in lieu of such matters.

(2) Notwithstanding the former part of paragraph (1), where a process safety report to be submitted by a business owner relates to the unit process equipment which uses high pressure gas referred to in Article 2 of the High-Pressure Gas Safety Control Act, and the relevant business owner prepares safety control regulations under Article 11 of that Act and a safety improvement plan under Article 13-2 of that Act and submits them to the permission-granting agency accompanied by a written opinion jointly reviewed and prepared by the Agency and the Korea Gas Safety Corporation referred to in Article 28 of that Act, such business owner shall be deemed to have submitted a process-safety report on the unit process equipment.

Article 45 (Review of Process-Safety Reports)

(1) The Minister of Employment and Labor shall review a process-safety report as prescribed by Ordinance of the Ministry of Employment and Labor, and provide a written notice of the results of the review to the relevant business owner. In such cases, where deemed necessary to maintain and promote the safety and health of employees, the Minister of Employment and Labor may order amendments to the relevant process-safety report.

(2) A business owner shall keep the process-safety report that has been reviewed under paragraph (1) in the place of business.

Article 46 (Implementation of Process-Safety Reports)

(1) A business owner and the employees shall comply with the details of a process-safety report that has been reviewed under Article 45 (1) (including a process-safety report supplemented pursuant to paragraph (3) of this Article).

(2) A business owner shall be subject to verification by the Minister of Employment and Labor as to whether the owner has actually implemented the details of the process-safety report reviewed pursuant to Article 45 (1), as prescribed by Ordinance of the Ministry of Employment and Labor.

(3) Where any reason arises to amend any detail of a process-safety report reviewed pursuant to Article 45 (1), the relevant business owner shall supplement the report without delay.

(4) The Minister of Employment and Labor may evaluate the implementation of a process-safety report regularly, as prescribed by Ordinance of the Ministry of Employment and Labor.

(5) Where the Minister of Employment and Labor finds that the supplementation made pursuant to paragraph (3) is insufficient based on the results of an evaluation under paragraph (4), he or she may order the business owner of the relevant place of business to amend the process-safety report, and where the business owner fails to comply with such order, the Minister of Employment and Labor may order him or her to re-submit the process-safety report.

Article 47 (Safety and Health Checkup)

(1) The Minister of Employment and Labor may order the business owner of a place of business with a significant risk of industrial accidents, including falling, collapse, fire, explosion, or the leakage of hazardous or dangerous substances, to undergo a safety and health checkup conducted by an institution designated under Article 48 (hereinafter referred to as "safety and health checkup institution").

(2) Any business owner in receipt of an order to undergo a safety and health checkup under paragraph (1) shall request a safety and health checkup institution to conduct a safety and health checkup, as prescribed by Ordinance of the Ministry of Employment and Labor.

(3) Each business owner shall fully cooperate in a safety and health checkup conducted by a safety and health checkup institution pursuant to paragraph (2), and shall not refuse, obstruct, or evade it without just cause. In such cases, upon request of the representative of employees, a business owner shall allow the representative of employees to participate in the relevant safety and health checkup.

(4) Where a safety and health checkup institution conducts a safety and health checkup under paragraph (2), it shall submit a report on the results of the safety and health checkup to the business owner of the relevant place of business and the Minister of Employment and Labor, as prescribed by Ordinance of the Ministry of Employment and Labor.

(5) The types and content of a safety and health checkup, matters to be included in a report on the results of a safety and health checkup, and other necessary matters shall be prescribed by Presidential Decree.

Enforcement Ordinance

Article 46 (Types and Details of Safety and Health Checkups)

(1) The types and details of a safety and health checkup referred to in Article 47 (1) of the Act (hereinafter referred to as “safety and health checkup”) are as specified in attached Table 14.

(2) Where the Minister of Employment and Labor orders a safety and health checkup under Article 47 (1) of the Act, he or she may order a place of business to undergo a checkup in the limited fields of machinery, chemical engineering, electricity, construction, etc.

(3) Any report on the findings of a safety and health checkup shall include the causes of accidents or industrial accidents, and evaluations of working conditions and work methods.

Article 48 (Safety and Health Checkup Institutions)

(1) Any person intending to become a safety and health checkup institution shall obtain designation from the Minister of Employment and Labor after meeting the requirements for human resources, facilities, equipment, etc. prescribed by Presidential Decree.

(2) The Minister of Employment and Labor may evaluate safety and health checkup institutions and publish the results of such evaluation. In such cases, matters necessary for the standards and methods for evaluation, and for publishing the results thereof shall be prescribed by Ordinance of the Ministry of Employment and Labor.

(3) The procedures for designating safety and health checkup institutions, 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 checkup institutions. In such cases, “specialized safety management institution or specialized health management institution” shall be construed as "safety and health checkup institution".

Enforcement Ordinance

Article 47 (Requirements for Designation of Safety and Health Checkup Institutions)

A person who intends to be designated as a safety and health checkup institution referred to in Article 48 (1) of the Act shall be a juristic person and meet the requirements for the respective types of safety and health checkups specified Article 46 (1) and attached Table 14: a general checkup institution, a safety checkup institution, and a health checkup institution shall meet the requirements for human resources, facilities, equipment, etc., respectively prescribed in attached Table 15, attached Table 16, and attached Table 17.

Enforcement Ordinance

Article 48 (Grounds for Revocation of Designation of Safety and Health Checkup Institutions)

“Where any other ground prescribed by Presidential Decree exists” in Article 21 (4) 5 of the Act, which is applied mutatis mutandis under Article 48 (4) of the Act, means the following cases:

1. Where falsely preparing documents related to a safety and health checkup;

2. Where refusing to be entrusted with safety and health checkup services without good cause;

3. Where having any person failing to meet the human resources requirements referred to in Article 47 perform safety and health checkup services;

4. Where receiving entrustment fees without providing safety and health checkup services;

5. Where failing to preserve documents kept in relation to safety and health checkup services;

6. Where receiving money or goods in addition to payments for safety and health checkup services;

7. Where refusing, obstructing or evading guidance or supervision of related public officials provided under the Act.

Article 49 (Order to Formulate and Implement Safety and Health Improvement Plans)

(1) Where the Minister of Employment and Labor deems it necessary to take comprehensive improvement measures for preventing industrial accidents regarding any of the following places of business, he or she may order the relevant business owner to formulate and implement a safety and health improvement plan regarding the place of business, facilities, and other matters (hereinafter referred to as “safety and health improvement plan”), as prescribed by Ordinance of the Ministry of Employment and Labor. In such cases, the Minister of Employment and Labor may order the business owners of places of business prescribed by Presidential Decree to formulate and implement a safety and health improvement plan after undergoing a safety and health checkup referred to in Article 47:

1. A place of business with an industrial accident rate exceeding the average industrial accident rate based upon scale of the same business;

2. A place of business at which a serious accident occurs because its business owner fails to implement necessary safety or health measures;

3. A place of business where the number of persons with occupational diseases exceeds the number prescribed by Presidential Decree;

4. A place of business which exceeds the exposure limit to hazardous factors prescribed in Article 106.

(2) When a business owner formulates a safety and health improvement plan, he or she shall undergo deliberation by an occupational safety and health committee: Provided, That in cases of a place of business where no occupational safety and health committee is established, he or she shall hear the opinions of the representative of employees.

Enforcement Ordinance

Article 49 (Places of Business Required to Formulate Safety and Health Improvement Plans after Safety and Health Checkups)

“Places of business prescribed by Presidential Decree” in the latter part, with the exception of the subparagraps, of Article 49 (1) of the Act means the following places of business:

1. A place of business with an industrial accident rate at least twice as high as the average industrial accident rate for the same category of business;

2. A place of business falling under Article 49 (1) 2 of the Act;

3. A place of business where at least two employees develop an occupational disease a year (at least three employees in cases of a place of business with 1,000 or more full-time employees);

4. Other places of business prescribed by Ordinance of the Ministry of Employment and Labor among the places of business where damage occurs and spreads to its vicinity due to poor working environments, fire, explosion, leakage, etc.

Enforcement Ordinance

Article 50 (Places of Business Required to Formulate Safety and Health Improvement Plans)

“Place of business where the number of persons with occupational diseases exceeds the number prescribed by Presidential Decree” in Article 49 (1) 3 of the Act means a place of business where at least two employees develop an occupational disease per year.

Article 50 (Submission of Safety and Health Improvement Plans)

(1) Any business owner in receipt of an order to formulate and implement a safety and health improvement plan under Article 49 (1) shall formulate a safety and health improvement plan and submit it to the Minister of Employment and Labor, as prescribed by Ordinance of the Ministry of Employment and Labor.

(2) The Minister of Employment and Labor shall review a safety and health improvement plan submitted under paragraph (1) as prescribed by Ordinance of the Ministry of Employment and Labor, and provide a written notice of the results of such review to the relevant business owner. In such cases, where deemed necessary to maintain and promote the safety and health of employees, the Minister of Employment and Labor may order the relevant business owner to supplement the safety and health improvement plan.

(3) A business owner and the employees shall comply with a safety and health improvement plan that has been reviewed pursuant to the former part of paragraph (2) (including a safety and health improvement plan supplemented pursuant to the latter part of that paragraph).

Article 51 (Suspension of Work by Business Owners)

Where imminent danger of an industrial accident exists, a business owner shall take necessary safety and health measures, such as immediately suspending relevant work and evacuating employees from the work sites.

Article 52 (Suspension of Work by Employees)

(1) Where imminent danger of an industrial accident exists, any employee may suspend work and be evacuated.

(2) Where any employee suspends work and is evacuated pursuant to paragraph (1), he or she shall report such fact to a supervisor or the heads of departments (hereinafter referred to as “supervisor, etc.) without delay.

(3) A supervisor, etc. in receipt of a report referred to in paragraph (2) shall take necessary safety and health measures.

(4) Where there is any reasonable ground for an employee to believe that any imminent danger of an industrial accident exists, no business owner shall dismiss or otherwise treat unfavorably the employee who suspends work and is evacuated pursuant to paragraph (1).

Article 53 (Corrective Measures by Minister of Employment and Labor)

(1) When the Minister of Employment and Labor determines, with respect to any structure or annex thereto, machinery, apparatus, equipment, or raw material of a place of business (hereinafter referred to as “machinery, equipment, etc.”), that the business owner has failed to take necessary safety and health measures prescribed by Ordinance of the Ministry of Employment and Labor, thereby causing any significant hazard or danger to employees, he or she may issue an order to take necessary measures regarding the relevant machinery, equipment, etc. (hereinafter referred to as “corrective measures”), including the suspension of use, replacement, removal, or improvement of facilities, and other safety and health measures prescribed by Ordinance of the Ministry of Employment and Labor.

(2) A business owner in receipt of an order for corrective measures under paragraph (1) shall post a list of matters subject to the order for corrective measures in a place easily discernible to employees, until the corrective measures are completed for the relevant machinery, equipment, etc.

(3) Where any hazardous or dangerous condition has not been removed or rectified or any hazard or danger to employees is highly likely to increase since a business owner has failed to implement an order for corrective measures regarding the relevant machinery, equipment, etc., the Minister of Employment and Labor may order full or partial suspension of the work related to the relevant machinery equipment, etc.

(4) Where a business owner in receipt of an order for suspension of use referred to in paragraph (1) or an order for suspension of work referred to in paragraph (3) completes the relevant corrective measures, he or she may request that the Minister of Employment and Labor withdraw the suspension of use referred to in paragraph (1) or the suspension of work referred to in paragraph (3).

(5) With respect to a request for withdrawal referred to in paragraph (4), when the Minister of Employment and Labor determines that the corrective measures have been completed, he or she shall withdraw the suspension of use referred to in paragraph (1) or the suspension of work referred to in paragraph (3).

Article 54 (Measures by Business Owners in Cases of Serious Accidents)

(1) When a serious accident occurs, a business owner shall take necessary safety and health measures, including immediately suspending the relevant work and evacuating employees from the work sites.

(2) Where a business owner becomes aware of a serious accident, he or she shall report such accident to the Minister of Employment and Labor without delay, as prescribed by Ordinance of the Ministry of Employment and Labor: Provided, That any unavoidable reason exists such as a natural disaster, a business owner shall report without delay when the relevant reason ceases to exist.

Article 55 (Measures for Suspension of Work by the Minister of Employment and Labor in Cases of Serious Accidents)

(1) In the event of any serious accident, where the Minister of Employment and Labor determines that there is imminent danger of an industrial accident reoccurring at the relevant place of business due to any of the following work, he or she may order the suspension of the relevant work:

1. The relevant work where the serious accident has occurred;

2. The work same as the work where the serious accident has occurred.

(2) The Minister of Employment and Labor may suspend work in the relevant place of business in any extenuating circumstance, such as when a serious accident occurs due to the collapse of soil or structures, fire, explosion, the leakage of hazardous or dangerous substances, etc., with the risk of such industrial accident spreading to nearby areas.

(3) Where a business owner requests the withdrawal of suspension of work prescribed in paragraph (1) or (2), the Minister of Employment and Labor shall withdraw the suspension of work prescribed in paragraph (1) or (2) after deliberation by a deliberation committee composed of experts regarding the withdrawal of suspension of work, etc., as prescribed by Ordinance of the Ministry of Employment and Labor.

(4) The procedures and methods for requesting the withdrawal of suspension of work and the composition and operation of a deliberation committee under paragraph (3), and other necessary matters shall be prescribed by Ordinance of the Ministry of Employment and Labor.

Article 56 (Investigation of Causes of Serious Accidents)

(1) When any serious accident occurs, the Minister of Employment and Labor may investigate the causes of such accident to ascertain such causes or to formulate preventive measures against industrial accidents.

(2) The Minister of Employment and Labor may order the business owner of a place of business where a serious accident has occurred to formulate and implement a safety and health improvement plan or to take other necessary measures.

(3) No person shall damage a site where a serious accident has occurred or obstruct any investigation into the cause of a serious accident conducted by the Minister of Employment and Labor under paragraph (1).

(4) The content and procedures for an investigation into a place of business where a serious accident occurs to ascertain the causes of such accident, and other necessary matters shall be prescribed by Ordinance of the Ministry of Employment and Labor.

Article 57 (Prohibition on Concealing Occurrence of Industrial Accidents and Reporting Thereof)

(1) When an industrial accident occurs, no business owner shall conceal such occurrence.

(2) A business owner shall record the causes, etc. of an industrial accident and retain such records, as prescribed by Ordinance of the Ministry of Employment and Labor.

(3) In cases of industrial accidents prescribed by Ordinance of the Ministry of Employment and Labor, a business owner shall report to the Minister of Employment and Labor the summary, cause, and timing of report of industrial accidents, a plan to prevent recurrence of industrial accidents, and other matters, as prescribed by Ordinance of the Ministry of Employment and Labor.

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

    • 맨앞으로
    • 앞으로
    • 다음
    • 맨뒤로