OCCUPATIONAL SAFETY AND HEALTH ACT [See entire ACT]
CHAPTER Ⅵ-2 Occupational Safety Consultant and Occupational Hygiene Consultant
- Article 104 (Standards for Classifying Hazardous Factors)
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The Minister of Employment and Labor shall establish standards for classifying hazards and dangers of chemical substances, physical factors, etc. that cause health impairments to employees (hereinafter referred to as "hazardous factors"), as prescribed by Ordinance of the Ministry of Employment and Labor.
- Article 105 (Assessment and Management of Hazards and Dangers of Hazardous Factors)
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(1) The Minister of Employment and Labor may assess the hazards and dangers that hazardous factors pose to the health of employees, and publish the findings of such assessment in the Official Gazette, etc.
(2) The Minister of Employment and Labor shall classify and manage hazardous factors according to the level of their hazards and dangers, in consideration of the findings of the assessment referred to in paragraph (1), etc., as prescribed by Ordinance of the Ministry of Employment and Labor.
(3) The standards for selecting hazardous factors subject to the assessment of hazards and dangers prescribed in paragraph (1), the methods for assessing hazards and dangers, and other necessary matters shall be prescribed by Ordinance of the Ministry of Employment and Labor.
- Article 106 (Establishment of Exposure Limits for Hazardous Factors)
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The Minister of Employment and Labor shall determine and publicly notify exposure limits for hazardous factors in consideration of the matters prescribed by Ordinance of the Ministry of Employment and Labor, such as the findings of the assessment of hazards and dangers referred to Article 105 (1).
- Article 107 (Compliance with Permissible Levels of Hazardous Factors)
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(1) With respect to hazardous factors prescribed by Presidential Decree which are likely to cause a serious health impairment of employees, such as carcinogenic substances, each business owner shall maintain the exposure concentrations of such hazardous factors in the workplace at or below the permissible level prescribed by Ordinance of the Ministry of Employment and Labor: Provided, That the foregoing shall not apply in any of the following cases:
1. Where installing or improving facilities and equipment that handle, or purify and discharge, hazardous factors is impossible with currently available technology;
2. Where a serious defect occurs in facilities and equipment due to a natural disaster, etc.;
3. In cases of temporary works and short-term works prescribed by Ordinance of the Ministry of Employment and Labor;
4. In other cases prescribed by Presidential Decree.
(2) Notwithstanding the proviso of paragraph (1), with the exception of its subparagraphs, a business owner shall endeavor to maintain the exposure concentrations of hazardous factors at or below the permissible level referred to in paragraph (1).
Enforcement Ordinance
- Article 84 (Harmful Factors to Be Maintained at or Below Permissible Levels)
"Harmful factors determined by Presidential Decree" in the main clause, with the exception of the subparagraph, of Article 107 (1) of the Act means harmful factors specified in the subparagraphs of attached Table 26.
- Article 108 (Investigation of Hazards and Dangers of Non-Phase-In Substances)
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(1) A person (hereinafter referred to as “manufacturer, etc. of non-phase-in substances”) who intends to manufacture or import any chemical substance other than those prescribed by Presidential Decree (hereinafter referred to as "non-phase-in substances") shall investigate the hazards or dangers of such non-phase-in substances and submit an investigative report to the Minister of Employment and Labor to prevent the non-phase-in substances from impairing the health of employees, as prescribed by Ordinance of the Ministry of Employment and Labor: Provided, That the foregoing shall not apply in any of the following cases:
1. Where any non-phase-in substance is imported to supply daily necessities of general consumers, as prescribed by Ordinance of the Ministry of Employment and Labor;
2. Where the quantity of any non-phase-in substance imported is small or the degree of risk is deemed low, as prescribed by Ordinance of the Ministry of Employment and Labor.
(2) Where it is required to take necessary measures to prevent non-phase-in substances from impairing the health of employees based on the results of the investigation of hazards and dangers prescribed in the main clause of paragraph (1), with the exception of its subparagraphs, a manufacturer, etc. of non-phase-in substances shall immediately implement such measures.
(3) Upon receipt of an investigative report on the hazards and dangers of non-phase-in substances referred to in paragraph (1), the Minister of Employment and Labor shall publish the name, hazards, and dangers of the relevant non-phase-in substances, measures for preventing the health impairment of employees, etc., and notify such information to the relevant ministries, as prescribed by Ordinance of the Ministry of Employment and Labor.
(4) When deemed necessary to prevent the health impairment of employees after reviewing an investigative report on the hazards and dangers of non-phase-in substances submitted pursuant to paragraph (1), the Minister of Employment and Labor may order a manufacturer, etc. of non-phase-in substances to take measures, such as installing and maintaining facilities and equipment, securing protectors, etc.
(5) Where a manufacturer, etc. of non-phase-in substances transfer or supply any non-phase-in substance, he or she shall also provide documents stating measures to be taken to prevent any health impairment of employees prescribed in paragraph (4).
Enforcement Ordinance
- Article 85 (Chemical Substances Excluded from Investigation of Harm and Danger)
"Chemical substances prescribed by Presidential Decree" in the main clause, with the exception of the subparagraphs, of Article 108 (1) of the Act means any of the following:
1. Chemical elements;
2. Naturally produced chemical substances;
3. Health functional foods defined in subparagraph 1 of Article 3 of the Health Functional Foods Act;
4. Military supplies defined in Article 2 of the Act on the Management of Military Supplies and in subparagraph 2 of Article 3 of the Defense Acquisition Program Act [excluding conventional items referred to in Article 3 of the Act on the Management of Military Supplies];
5. Pesticides and technical concentrate defined in subparagraphs 1 and 3 of Article 2 of the Pesticide Control Act;
6. Narcotics defined in subparagraph 1 of Article 2 of the Narcotics Control Act;
7. Fertilizers defined in subparagraph 1 of Article 2 of the Fertilizer Control Act;
8. Feed defined in subparagraph 1 of Article 2 of the Control of Livestock and Fish Feed Act;
9. Biocidal substances and biocidal products defined in subparagraphs 7 and 8 of Article 3 of the Consumer Chemical Products and Biocides Safety Control Act;
10. Foods and food additives defined in subparagraphs 1 and 2 of Article 2 of the Food Sanitation Act;
11. Drugs and quasi-drugs defined in subparagraphs 4 and 7 of Article 2 of the Pharmaceutical Affairs Act;
12. Radioactive substances defined in subparagraph 5 of Article 2 of the Nuclear Safety Act;
13. Cleansing and Hygiene Products defined in subparagraph 1 of Article 2 of the Control Act Cleansing and Hygiene Products Control Act;
14. Medical devices defined in Article 2 (1) of the Medical Devices Act;
15. Explosives defined in Article 2 (3) of the Act on the Safety Management of Guns, Swords and Explosives;
16. Cosmetics defined in subparagraph 1 of Article 2 of the Cosmetics Act and raw materials used for cosmetics;
17. Substances on which publication is made by the Minister of Employment and Labor pursuant to Article 108 (3) of the Act with respect to the denomination thereof, harm or danger thereof, measures thereagainst for preventing health problems of employees, and annual manufacturing volume and importing volume thereof, which have been manufactured or imported in the volume at or below the published annual manufacturing or importing volume;
18. Substances registered on the list of chemical substances publicly notified by the Minister of Employment and Labor in consultation with the Minister of Environment.
- Article 109 (Investigation of Hazards and Dangers of Chemical Substances Likely to Cause Serious Health Impairments)
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(1) When deemed necessary to prevent the health impairment of employees, the Minister of Employment and Labor may order a person who manufactures or imports chemical substances likely to cause cancer or other serious health impairments or a business owner who uses such chemical substances to investigate the hazards or dangers of the chemical substances and submit the results therof or to submit data necessary to assess hazards and dangers under Article 105 (1), as prescribed by Ordinance of the Ministry of Employment and Labor.
(2) A person ordered to investigate hazards and dangers of any chemical substance pursuant to paragraph (1) shall, where the results of the investigation reveal that the chemical substance may impair the health of employees, take necessary measures, such as installing or renovating facilities or equipment, to prevent the health impairment of employees.
(3) Where the Minister of Employment and Labor deems it necessary to prevent the health impairment of employees after reviewing the results of investigation and the data submitted pursuant to paragraph (1), he or she may classify and manage the relevant chemical substances pursuant to Article 105 (2) or may order a person who manufactures or imports such chemical substances or a business owner who uses them to take necessary measures, such as installing or renovating facilities or equipment, to prevent the health impairment of employees.
- Article 110 (Preparation and Submission of Material Safety Data Sheets)
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(1) A person who intends to manufacture or import any chemical substance or a mixture containing it, which is falling under the classification standards referred to in Article 104 (excluding a chemical substance or mixture prescribed by Presidential Decree; hereinafter referred to as “substances subject to material safety data sheet preparation”), shall prepare data sheets stating the following matters (hereinafter referred to as "material safety data sheets"), and submit them to the Minister of Employment and Labor, as prescribed by Ordinance of the Ministry of Employment and Labor. In such cases, where the Minister of Employment and Labor intends to prescribe matters to be described in material safety data sheets or the methods for preparing such data sheets as prescribed by Ordinance of the Ministry of Employment and Labor, he or she shall consult with the Minister of Environment with regard to matters pertaining to the Chemical Substances Control Act and the Act on Registration and Evaluation of Chemical Substances:
1. The name of a product;
2. The names and content of chemical substances falling under the classification standards prescribed in Article 104, among the chemical substances forming substances subject to material safety data sheet preparation;
3. Handling precautions for safety and health;
4. Hazards to health or the environment, and physical dangers;
5. Other matters prescribed by Ordinance of the Ministry of Employment and Labor, including physical and chemical properties.
(2) A person who intends to manufacture or import any substance subject to material safety data sheet preparation shall separately submit the data sheets showing the names and content of chemical substances not falling under the classification standards prescribed in Article 104, among the chemical substances forming substances subject to material safety data sheet preparation, to the Minister of Employment and Labor: Provided, That the foregoing shall not apply in any of the following cases:
1. Where the material safety data sheets submitted pursuant to paragraph (1) contain the names and content of all chemical substances prescribed in the main clause of this paragraph, with the exception of its subparagraphs;
2. Where a person who intends to import any substance subject to material safety data sheet preparation submits a document verifying that there is no chemical substance falling under the classification standards referred to in Article 104, except the chemical substances stated in material safety data sheets, after receiving the document from a person who intends to manufacture a substance subject to material safety data sheet preparation overseas and export it to the Republic of Korea (hereinafter referred to as “overseas manufacturer”).
(3) Where any change is made to any matter prescribed by Ordinance of the Ministry of Employment and Labor, among the matters prescribed in any subparagraph of paragraph (1), a person who has manufactured or imported any substance subject to material safety data sheet preparation shall submit material safety data sheets reflecting the relevant change to the Minister of Employment and Labor.
(4) The methods and timing of submitting material safety data sheets, etc. referred to in paragraphs (1) through (3), and other necessary matters shall be prescribed by Ordinance of the Ministry of Employment and Labor.
<>Article 110
Enforcement Ordinance
- Article 86 (Chemical Substances Excluded from Preparation and Submission of Material Safety Data Sheets)
"Those prescribed by Presidential Decree" in the former part, with the exception of the subparagraphs, of Article 110 (1) of the Act means any of the following:
1. Health functional foods defined in subparagraph 1 of Article 3 of the Health Functional Foods Act;
2. Pesticides defined in subparagraph 1 of Article 2 of the Pesticide Control Act;
3. Narcotics and psychotropic drugs defined in subparagrahps 2 and 3 of Article 2 of the Narcotics Control Act;
4. Fertilizers defined in subparagraph 1 of Article 2 of the Fertilizer Control Act;
5. Feed defined in subparagraph 1 of Article 2 of the Control of Livestock and Fish Feed Act;
6. Source materials defined in subparagraph 2 of Article 2 of the Act on Protective Action Guidelines against Radiation in the Natural Environment;
7. Products provided for daily use by general consumers, among the household chemical products and biocidal products subject to safety verification defined in subparagraphs 4 and 8 of Article 3 of the Consumer Chemical Products and Biocides Safety Control Act;
8. Foods and food additives defined in subparagraphs 1 and 2 of Article 2 of the Food Sanitation Act;
9. Drugs and quasi-drugs defined in subparagraphs 4 and 7 of Article 2 of the Pharmaceutical Affairs Act;
10. Radioactive substances defined in subparagraph 5 of Article 2 of the Nuclear Safety Act;
11. Cleansing and Hygiene Products defined in subparagraph 1 of Article 2 of the Control Act Cleansing and Hygiene Products Control Act;
12. Medical devices defined in Article 2 (1) of the Medical Devices Act;
12-2. Advanced biopharmaceuticals defined in subparagraph 5 of Article 2 of the Advanced Regenerative Medicine and Advanced Biopharmaceutical Safety and Support Act;
13. Explosives defined in Article 2 (3) of the Act on the Safety Management of Guns, Swords and Explosives;
14. Wastes defined in subparagraph 1 of Article 2 of the Wastes Control Act;
15. Cosmetics defined in subparagraph 1 of Article 2 of the Cosmetics Act;
16. Chemical substances or mixtures other than those specified in subparagraphs 1 through 15 that are provided for daily use by general consumers (including cases where chemical substances or mixtures provided for daily use by general consumers are handled in a place of business);
17. Chemical substances or chemical products for research and development purposes determined and publicly notified by the Minister of Employment and Labor. In such cases, only the submission of data pursuant to Article 110 (1) through (3) of the Act shall be excluded.
18. Other chemical substances publicly notified by the Minister of Employment and Labor as the degree of danger due to their toxicity and explosiveness is deemed insignificant.
[Enforcement Date: Aug. 28, 2020] Subparagraph 12-2 of Article 86
- Article 111 (Provision of Material Safety Data Sheets)
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(1) A person who transfers or provides any substance subject to material safety data sheet preparation shall provide material safety data sheets to a person to whom such substance is transferred or provided.
(2) A person who has manufactured or imported any substance subject to material safety data sheet preparation shall provide material safety data sheets amended under Article 110 (3) to a person to whom such substance is transferred or provided.
(3) Where a person who has transferred or provided any substance subject to material safety data sheet preparation (excluding a person who has manufactured or imported any substance subject to material safety data sheet preparation) receives material safety data sheets referred to in Article 110 (3), he or she shall provide them to a person to whom the substance subject to material safety data sheet preparation is transferred or provided.
(4) The methods for providing material safety data sheets or any amendment thereof under paragraphs (1) through (3), the content of such data sheets, and other necessary matters shall be prescribed by Ordinance of the Ministry of Employment and Labor.
<>Article 111
- Article 112 (Approval of Partial Non-Disclosure of Material Safety Data Sheets)
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(1) Notwithstanding Article 110 (1), a person who intends not to indicate the name and content of a chemical substance prescribed in subparagraph 2 of that paragraph in the material safety data sheets as such information is related to his or her trade secrets, such person may provide a name and content that can be substituted for the actual name and content of the relevant chemical substance (hereinafter referred to as "alternative data") after applying for the use of alternative data to, and obtaining approval from, the Minister of Employment and Labor, as prescribed by Ordinance of the Ministry of Employment and Labor: Provided, That the foregoing shall not apply to chemical substances likely to cause a serious health impairment of employees, which are publicly notified by the Minister of Employment and Labor after deliberation by the Industrial Accident Compensation Insurance and Prevention Deliberation Committee referred to in Article 8 (1) of the Industrial Accident Compensation Insurance Act.
(2) Upon receiving an application for approval referred to in the main clause of paragraph (1), the Minister of Employment and Labor shall determine whether to grant approval after reviewing the need to replace the name and content of a chemical substance, the compatibility of the alternative data, the appropriateness of the material safety data sheet, etc., as prescribed by Ordinance of the Ministry of Employment and Labor, and shall then notify the relevant applicant of his or her determination.
(3) The Minister of Employment and Labor shall establish the standards for granting approval under paragraph (2) after having such standards deliberated on by the Industrial Accident Compensation Insurance and Prevention Deliberation Committee referred to in Article 8 (1) of the Industrial Accident Compensation Insurance Act.
(4) The term of validity of approval prescribed in paragraph (1) shall be five years from the date of approval.
(5) Where a person who intends to continue to use alternative data after the expiration of the term of validity referred to in paragraph (4) applies for approval for an extension of the term of validity, the Minister of Employment and Labor may approve the extension of the term of validity by five years from the date following each expiration date of the term of validity.
(6) An applicant may raise an objection to the Minister of Employment and Labor regarding the outcome of his or her application for approval or approval for extension prescribed in paragraph (1) or (5), as prescribed by Ordinance of the Ministry of Employment and Labor.
(7) With respect to an objection raised under paragraph (6), the Minister of Employment and Labor shall determine whether to grant approval or approval for extension and then notify the relevant applicant of his or her determination, as prescribed by Ordinance of the Ministry of Employment and Labor.
(8) The Minister of Employment and Labor may revoke approval or approval for extension prescribed in paragraph (1), (5), or (7) in any of the following cases: Provided, That in cases falling under subparagraph 1, the relevant approval or approval for extension shall be revoked:
1. Where approval or approval for extension prescribed in paragraph (1), (5), or (7) has been obtained by fraud or other improper means;
2. Where any chemical substance for which approval or approval for extension prescribed in paragraph (1), (5), or (7) has been granted comes to fall under the category of chemical substances prescribed in the proviso of paragraph (1).
(9) The procedures and methods for granting approval for extension prescribed in paragraph (5) and revoking approval or approval for extension prescribed in paragraph (8), and other necessary matters shall be prescribed by Ordinance of the Ministry of Employment and Labor.
(10) In cases prescribed by Ordinance of the Ministry of Employment and Labor, such as where a serious health impairment of an employee occurs, any of the following persons may request that a person who has manufactured or imported any substance subject to material safety data sheet preparation provide information on the name and content of a chemical substance, for which alternative data has been used under paragraph (1), to maintain the safety and health of employees or to identify the causes of occupational diseases. In such cases, a person requested to provide such information shall provide the relevant information, as determined and publicly notified by the Minister of Employment and Labor:
1. A physician defined in Article 2 of the Medical Service Act, who treats an employee;
2. A health officer and a specialized health management institution;
3. An occupational medicine physician;
4. The representative of employees;
5. An institution entrusted with an epidemiological investigation referred to in Article 141 (1), pursuant to Article 165 (2) 38;
6. The Occupational Disease Adjudication Committee referred to in Article 38 of the Industrial Accident Compensation Insurance Act.
<>Article 112
- Article 113 (Submission of Information by Persons Appointed by Overseas Manufacturers)
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(1) An overseas manufacturer may appoint a person who meets the requirements prescribed by Ordinance of the Ministry of Employment and Labor to conduct the following duties, in lieu of a person who imports a substance subject to material safety data sheet preparation:
1. Preparation and submission of material safety data sheets referred to in Article 110 (1) or (3);
2. Submission of information on the name and content of a chemical substance referred to in the main clause of Article 110 (2), with the exception of its subparagraphs, or a verification document referred to in subparagraph 2 of that paragraph;
3. Approval for provision of alternative data under Article 112 (1), approval for an extension of a term of validity under paragraph (5) of that Article, and raising an objection under paragraph (6) of that Article.
(2) Where a person appointed under paragraph (1) submits material safety data sheets referred to in Article 110 (1) or (3) to the Minister of Employment and Labor, he or she shall provide such material safety data sheets to a person who imports the relevant substance subject to material safety data sheet preparation.
(3) A person appointed under paragraph (1) shall report to the Minister of Employment and Labor the fact that he or she has been appointed or dismissed by an overseas manufacturer, as prescribed by Ordinance of the Ministry of Employment and Labor.
(4) The methods for submitting and providing material safety data sheets referred to in paragraph (2) and the content of such data sheets; the reporting procedures and methods referred to in paragraph (3); and other necessary matters shall be prescribed by Ordinance of the Ministry of Employment and Labor.
<>Article 113
- Article 114 (Posting of Material Safety Data Sheets and Education)
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(1) A business owner who intends to handle a substance subject to material safety data sheet preparation shall post or keep the material safety data sheets that are prepared pursuant to Article 110 (1) or (3) or that are provided pursuant to Article 111 (1) through (3) at a place easily discernible to employees handling such substance in the workplace where the substance is handled, according to the methods prescribed by Ordinance of the Ministry of Employment and Labor.
(2) A business owner referred to in paragraph (1) shall post guidelines on managing substances subject to material safety data sheet preparation by work process of handling substances subject to material safety data sheet preparation, as prescribed by Ordinance of the Ministry of Employment and Labor.
(3) A business owner referred to in paragraph (1) shall take appropriate measures, including educating the relevant employees, for the safety and health of employees handling substances subject to material safety data sheet preparation, as prescribed by Ordinance of the Ministry of Employment and Labor.
<>Article 114
- Article 115 (Warnings on Containers of Substances Subject to Material Safety Data Preparation)
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(1) A person who transfers or provides a substance subject to material safety data sheet preparation shall place a warning on the container or package of the substance, according to the methods prescribed by Ordinance of the Ministry of Employment and Labor: Provided, That where a substance subject to material safety data sheet preparation is transferred or provided in a manner other than by putting it in a container or package, a document stating relevant warnings shall be provided, as determined and publicly notified by the Minister of Employment and Labor.
(2) A business owner shall state warnings on a container of a substance subject to material safety data sheet preparation used in the place of business, according to the methods prescribed by Ordinance of the Ministry of Employment and Labor: Provided, That the foregoing shall not apply in cases prescribed by Ordinance of the Ministry of Employment and Labor, including where warnings are already stated on the container thereof.
<>Article 115
- Article 116 (Provision of Data Related to Material Safety Data Sheets)
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Where the Minister of Employment and Labor deems it necessary to maintain the safety and health of employees, he or she may provide employees and business owners with data related to material safety data sheets.
<> Article 116
- Article 117 (Prohibition on Manufacturing Hazardous or Dangerous Substances)
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(1) No person shall manufacture, import, transfer, provide, or use any of the following substances prescribed by Presidential Decree (hereinafter referred to as “substances prohibited from manufacturing, etc.”):
1. Substances deemed especially harmful to the health of employees, having been confirmed as occupational carcinogens;
2. Substances likely to seriously impair the health of employees, among the hazardous factors, the hazards and dangers of which have been assessed pursuant to Article 105 (1), and the chemical substances, the hazards and dangers of which have been investigated pursuant to Article 109.
(2) Notwithstanding paragraph (1), substances prohibited from manufacturing, etc. may be manufactured, imported, transferred, provided, or used in any of the following cases where such substances are used for the purposes of testing, research, or inspections:
1. Where approval of the Minister of Employment and Labor is obtained after meeting the requirements for manufacturing, importation, or use prescribed by Ordinance of the Ministry of Employment and Labor;
2. Where a person who obtains permission to sell prohibited substances under the proviso of Article 18 (1) of the Chemical Substances Control Act transfers or provides a substance prohibited from manufacturing, etc. to a person who obtains permission to sell pursuant to the proviso of that paragraph or to a person who obtains approval for use pursuant to subparagraph 1.
(3) Where any person granted approval under paragraph (2) 1 ceases to meet the requirements for approval referred to in that subparagraph, the Minister of Employment and Labor shall revoke the relevant approval.
(4) The procedures for granting approval prescribed in paragraph (2) 1, the procedures for revoking approval, and other necessary matters shall be prescribed by Ordinance of the Ministry of Employment and Labor.
Enforcement Ordinance
- Article 87 (Harmful Substances Prohibited from Being Manufactured)
“Substances prescribed by Presidential Decree” in the part, with the exception of the subparagraphs, of Article 117 (1) of the Act means the following substances:
1. β-Naphthylamine [91-59-8] and its salts;
2. 4-Nitrodiphenyl [92-93-3] and its salts;
3. Paint containing white lead [1319-46-6] (excluding any paint to which the weight ratio of such white lead does not exceed two percent);
4. Rubber glue containing benzene [71-43-2] (excluding any rubber glue to which the weight ratio of such benzene does not exceed five percent);
5. Asbestos (1332-21-4, etc.);
6. Polychlorinated terphenyls (61788-33-8, etc.);
7. Yellow phosphorus [12185-10-3] match;
8. Mixtures containing a substance referred to in subparagraphs 1, 2, 5 or 6 (excluding any mixture to which the weight ratio of such substance does not exceed one percent);
9. Prohibited substances referred to in subparagraph 5 of Article 2 of the Chemical Substances Control Act (excluding chemical substances falling under Article 3 (1) 1 through 12 of that Act);
10. Other harmful substances prescribed by the Minister of Employment and Labor as harmful to human health after undergoing deliberation by the Industrial Accident Compensation Insurance and Prevention Deliberation Committee.
- Article 118 (Permission to Manufacture Hazardous or Dangerous Substances)
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(1) Any person who intends to manufacture or use any substance prescribed by Presidential Decree such as a substance for which no substitute has been developed, among those prescribed in any subparagraph of Article 117 (1) (hereinafter referred to as “substances subject to permission”), shall obtain permission from the Minister of Employment and Labor. The same shall also apply when amending any of the permitted matters.
(2) The equipment for manufacturing or using substances subject to permission, the methods for treating the same, and the standards for permission shall be prescribed by Ordinance of the Ministry of Employment and Labor.
(3) Any person who has obtained permission under paragraph (1) (hereinafter referred to as "manufacturer or user of substances subject to permission") shall maintain equipment for manufacturing or using such substances in compliance with the standards for permission referred to in paragraph (2), and manufacture and use the substances subject to permission using the treatment methods complying with such standards.
(4) When any equipment for manufacturing or using substances subject to permission or the treatment methods of such substances of a manufacturer or user of substances subject to permission are deemed not to comply with the standards for permission referred to in paragraph (2), the Minister of Employment and Labor may order him or her to repair, renovate, or relocate such equipment for manufacturing and use so as to comply with the standards, or to manufacture and use those substances using the treatment methods complying with the standards.
(5) Where any manufacturer or user of substances subject to permission falls under any of the following, the Minister of Employment and Labor may revoke the permission or require him or her to suspend his or her business for a specified period not exceeding six months: Provided, That in cases falling under subparagraph 1, the permission shall be revoked:
1. Where he or she obtains permission by fraud or other improper means;
2. Where he or she ceases to meet the standards for permission referred to in paragraph (2);
3. Where he or she violates paragraph (3);
4. Where he or she violates any order issued under paragraph (4);
5. Where he or she fails to immediately take necessary measures, such as repair, after identifying any malfunction based on the results of self-inspection.
(6) The procedures for applying for permission referred to in paragraph (1), and other necessary matters shall be prescribed by Ordinance of the Ministry of Employment and Labor.
Enforcement Ordinance
- Article 88 (Harmful Substances Subject to Permission)
“Substance prescribed by Presidential Decree, such as a substance for which no substitute has been developed” in the former part of Article 118 (1) of the Act means the following substances:
1. α-Naphthylamine [134-32-7] and its salts;
2. Dianisidine [119-90-4] and its salts;
3. Dichlorobenzidine [91-94-1] and its salts;
4. Beryllium [7440-41-7];
5. Benzotrichloride [98-07-7];
6. Arsenic [7440-38-2] and its inorganic compounds;
7. Vinyl chloride [75-01-4];
8. Coal tar pitch [65996-93-2] volatiles;
9. Chromite ore processing (limited to cases of adding heat to plastic treatment);
10. Zinc chromates [13530-65-9, etc.];
11. o-Tolidine [119-93-7] and its salts;
12. Nickel sulfides [12035-72-2 and 16812-54-7];
13. Mixtures containing one of the substances referred to in subparagraphs 1 through 4 or 6 through 12 (excluding any mixture to which the weight ratio of such contained substances is not more than one percent);
14. Mixtures containing the substance referred to in subparagraph 5 (excluding any mixture to which the weight ratio of such contained substance is not more than 0.5 percent);
15. Other harmful substances prescribed by the Minister of Employment and Labor as harmful to human health after undergoing deliberation by the Industrial Accident Compensation Insurance and Prevention Deliberation Committee.
- Article 119 (Asbestos Inspections)
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(1) Where it is intended to remove or dismantle a structure or facility, the owner, tenant, etc. of the relevant structure or facility (hereinafter referred to as “owner, etc. of a structure or facility”) shall inspect the following matters (hereinafter referred to as “general asbestos inspection”), and shall record and retain the results of the inspection, as prescribed by Ordinance of the Ministry of Employment and Labor:
1. Whether the relevant structure or facility contains asbestos;
2. The types, location, and area of materials containing asbestos in the relevant structure or facility.
(2) The owner, etc. of a structure or facility of at least the size prescribed by Presidential Decree, from among the structures or facilities prescribed in paragraph (1), shall have an institution designated under Article 120 (hereinafter referred to as “asbestos inspection institution”) inspect the following matters (hereinafter referred to as “asbestos inspection by a designated institution”), and shall record and retain the results of the inspection: Provided, That the asbestos inspection by a designated institution may be omitted where it is obvious that a structure or facility contains asbestos or where it is confirmed, according to the procedures prescribed by Ordinance of the Ministry of Employment and Labor, that a ground prescribed by Presidential Decree for omitting such inspection exists:
1. Any matter prescribed in the subparagraphs of paragraph (1);
2. The type and amount of asbestos contained in the relevant structure or facility.
(3) Where the owner, etc. of a structure or facility conduct an asbestos inspection of a structure or facility pursuant to the Asbestos Safety Management Act or any other relevant Act, a general asbestos inspection or an asbestos inspection by a designated institution shall be deemed conducted, as prescribed by Ordinance of the Ministry of Employment and Labor.
(4) Where the owner, etc. of a structure or facility remove or dismantle any structure or facility without conducting a general asbestos inspection or an asbestos inspection by a designated institution, the Minister of Employment and Labor may issue the following orders:
1. An order issued to the owner, etc. of the relevant structure or facility to conduct a general asbestos inspection or an asbestos inspection by a designated institution;
2. An order issued to the person who removes or dismantles the relevant structure or facility to suspend works until the outcomes of implementing the order issued under subparagraph 1 are reported.
(5) The methods for asbestos inspections by a designated institution, and other necessary matters shall be prescribed by Ordinance of the Ministry of Employment and Labor.
Enforcement Ordinance
- Article 89 (Matters Subject to Asbestos Inspection by Designated Institute)
(1) "Structure or facility of at least the size specified by Presidential Decree" in the main clause, with the exception of the subparagraphs, of Article 119 (2) of the Act means any of the following cases:
1. Buildings (excluding the housing referred to in subparagraph 2; hereafter in this subparagraph the same shall apply) with a total floor area of at least 50 square meters and with a total area to be removed or dismantled of at least 50 square meters;
2. Housing (including accessory buildings defined in subparagraph 12 of Article 2 of the Enforcement Decree of the Building Act; hereafter in this subparagraph the same shall apply) with a total floor area of at least 200 square meters and with a total area to be removed or dismantled of at least 200 square meters;
3. Where the total area using materials (including substances; hereinafter the same shall apply) falling under any of the following in the part to be removed or dismantled of a facility is at least 15 square meters, or cases where a total volume of such materials is at least one cubic meter:
(a) Heat insulating materials;
(b) Thermal insulating materials;
(c) Spray materials;
(d) Fireproof materials;
(e) Gasket;
(f) Packing materials;
(g) Sealing materials;
(h) Other materials determined and publicly notified by the Minister of Employment and Labor among the materials used for similar purposes to those prescribed in items (a) through (g);
4. Where the total length of pipes is at least 80 meters and where a total length of pipes used as thermal insulating materials in the part to be removed or dismantled is at least 80 meters.
(2) "If it is obvious that a structure or facility contains asbestos, or if it is confirmed that a ground prescribed by Presidential Decree for omitting such inspection exists" in the proviso, with the exception of the subparagrahps, of Article 119 (2) of the Act means any of the following cases:
1. Where materials used in the removed or dismantled part of a building or facility are clearly proven not to contain asbestos by relevant data including design drawings and material history;
2. Where it is clearly proven that materials containing more than one weight percent of asbestos were used in the removed or dismantled part of a building or facility.
- Article 120 (Asbestos Inspection Institutions)
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(1) Any person intending to become an asbestos inspection 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) To ensure the accuracy and precision of the results of asbestos inspections by designated institutions, the Minister of Employment and Labor may verify the capabilities of asbestos inspection institutions to conduct asbestos inspections, and may guide or educate such institutions. In such cases, the methods and procedures for verifying the capabilities to conduct asbestos inspections and for guiding and educating asbestos inspection institutions, and other necessary matters shall be determined and publicly notified by the Minister of Employment and Labor.
(3) The Minister of Employment and Labor may evaluate asbestos inspection institutions and publish the results of such evaluation (including the results of verifying the capability to conduct asbestos inspections under paragraph (2)). In such cases, matters necessary for the standards and methods for evaluation, and the publication of the results of such evaluation shall be prescribed by Ordinance of the Ministry of Employment and Labor.
(4) The procedures for designating asbestos inspection institutions, and other necessary matters shall be prescribed by Ordinance of the Ministry of Employment and Labor.
(5) Article 21 (4) and (5) shall apply mutatis mutandis to asbestos inspection institutions. In such cases, “specialized safety management institution or specialized health management institution” shall be construed as “asbestos inspection institution”.
Enforcement Ordinance
- Article 90 (Requirements for Designation of Asbestos Inspection Institutions)
A person eligible to be designated as an asbestos inspection institution referred to in Article 120 (1) of the Act shall be limited to any of the following persons who satisfies the requirements for human resources, facilities and equipment specified in attached Table 27 and is determined suitable in the evaluation of its capability to conduct an asbestos inspection as an asbestos inspection institution performed by the Minister of Employment and Labor under Article 120 (2) of the Act:
1. An institution affiliated with the State or a local government;
2. A general hospital or hospital prescribed in the Medical Service Act;
3. A university or college, or its affiliated institutions referred to in subparagraphs 1 through 6 of Article 2 of the Higher Education Act;
4. A corporation that intends to provide asbestos inspection services.
Enforcement Ordinance
- Article 91 (Grounds for Revocation of Designation of Asbestos Inspection 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 120 (5) of the Act, means the following cases:
1. Where an institution falsely prepare documents with regard to an asbestos inspection conducted by a designated institute prescribed in Article 119 (2) of the Act or asbestos concentration in the air prescribed in Article 124 (1) of the Act;
2. Where an institution refuses to provide asbestos inspection services without good cause;
3. Where an institution instructs any person failing to meet the human resources requirements referred to in Article 90 to perform asbestos inspection services;
4. Where an institution violates the inspection methods or other relevant matters prescribed by Ordinance of the Ministry of Employment and Labor prescribed in Article 119 (5) of the Act;
5. Where an institution fails to undergo an evaluation conducted by the Minister of Employment and Labor with regard to its capability to perform asbestos inspections as an asbestos inspection institution pursuant to Article 120 (2) of the Act or fails to pass such evaluation;
6. Where an institution instructs a person not qualified under Article 124 (2) of the Act to measure the asbestos concentration;
7. Where an institution violates the method for measuring asbestos concentration prescribed in 124 (2) of the Act;
8. Where refusing, obstructing or evading guidance or supervision of related public officials provided under the Act.
- Article 121 (Registration of Business of Dismantling or Removing Asbestos)
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(1) Any person intending to engage in the business of dismantling or removing asbestos shall be registered with the Minister of Employment and Labor after meeting the requirements for human resources, facilities, and equipment prescribed by Presidential Decree.
(2) The Minister of Employment and Labor may evaluate the safety of asbestos dismantling or removal conducted by a person registered under paragraph (1) (hereinafter referred to as “asbestos dismantler or remover”) as prescribed by Ordinance of the Ministry of Employment and Labor, and publish the results thereof. 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 referred to in paragraph (1), 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 asbestos dismantlers or removers. In such cases, “specialized safety management institution or specialized health management institution” shall be construed as "asbestos dismantler or remover", and "designation" as "registration".
Enforcement Ordinance
- Article 92 (Requirements for Registration of Asbestos Dismantlers or Removers)
A person who intends to be registered as an asbestos dismantler or remover referred to in Article 121 (1) of the Act shall meet the requirements for human resources, facilities, and equipment specified in attached Table 28.
Enforcement Ordinance
- Article 93 (Grounds for Revocation of Registration of Asbestos Dismantlers or Removers)
“Where any other ground prescribed by Presidential Decree exists” in Article 21 (4) 5 of the Act, which is applied mutatis mutandis under Article 121 (4) of the Act, means the following cases:
1. Where an asbestos dismantler or remover prepares documents prescribed in Article 122 (3) of the Act by fraud or other improper means;
2. Where an asbestos dismantler or remover fails to comply with the obligation to file a report (excluding reports on modified matters) or preserve documents prescribed in Article 122 (3) of the Act;
3. Where an asbestos dismantler or remover is sentenced to a fine or imprisonment without labor or greater punishment due to its failure to meet the standards for asbestos dismantling or removal works prescribed by Ordinance of the Ministry of Employment and Labor under Article 123 (1) of the Act;
4. Where refusing, obstructing or evading guidance or supervision of related public officials provided under the Act.
- Article 122 (Dismantling or Removal of Asbestos)
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(1) Where the amount and area of asbestos contained in a structure or facility subject to asbestos inspection by a designated institute are not less than the amount and area prescribed by Presidential Decree, the owner, etc. of the relevant structure or facility shall have an asbestos dismantler or remover dismantle or remove such asbestos: Provided, That where the owner, etc. of a structure or facility has grounds prescribed by Presidential Decree, such as having capabilities equivalent to those of an asbestos dismantler or remover in human resources, equipment, etc., he or she may dismantle or remove asbestos directly.
(2) The dismantling or removal of asbestos prescribed in paragraph (1) shall not be conducted by the institution that has conducted an asbestos inspection of the relevant structure or facility.
(3) An asbestos dismantler or remover (referring to the owner, etc. of a structure or facility in cases falling under the proviso of paragraph (1); hereafter in Article 124, the same shall apply) shall report to the Minister of Employment and Labor before dismantling or removing asbestos under paragraph (1), and shall retain documents on dismantling or removing asbestos under paragraph (1), as prescribed by Ordinance of the Ministry of Employment and Labor.
(4) The Minister of Employment and Labor in receipt of a report referred to in paragraph (3) shall review the details thereof, and accept the report if it complies with this Act.
(5) The procedures for making a report under paragraph (3), and other necessary matters shall be prescribed by Ordinance of the Ministry of Employment and Labor.
Enforcement Ordinance
- Article 94 (Cases Subject to Asbestos Dismantling or Removal by Asbestos Dismantlers or Removers)
(1) “Where the amount and area of asbestos contained in a structure or facility are not less than the amount and area prescribed by Presidential Decree” in the main clause of Article 122 (1) of the Act means any of the following cases:
1. Where asbestos is contained in a material, such as wall, floor, ceiling and roof materials, to be removed and dismantled at a rate exceeding one weight percent, and the area of such material is at least 50 square meters;
2. Where spray materials or fireproofing materials containing asbestos at a rate exceeding one weight percent are used;
3. Where the total area of any material prescribed in the items (excluding items (c) and (d)) of Article 89 (1) 3 containing asbestos at a rate exceeding one weight percent is at least 15 square meters or where the total volume of such material is at least one cubic meter;
4. Where thermal insulating materials used in pipes contain asbestos at a rate exceeding one weight percent, and the total length of the thermal insulating materials is at least 80 meters.
(2) "Grounds prescribed by Presidential Decree, such as capabilities equivalent to an asbestos dismantler or remover” in the proviso of Article 122 (1) of the Act mean where a person who intends to perform asbestos dismantling or removal works oneself proves that the person meets the requirements for human resources, facilities and equipments prescribed in Article 92 and attached Table 28, as prescribed by Ordinance of the Ministry of Employment and Labor.
- Article 123 (Compliance with Standards for Removing or Dismantling Asbestos)
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(1) A person who removes or dismantles a structure or facility containing asbestos shall comply with the standards for dismantling or removing asbestos prescribed by Ordinance of the Ministry of Employment and Labor.
(2) An employee shall comply with any measure prescribed by Ordinance of the Ministry of Employment and Labor, which is taken by a person who removes or dismantles a structure or facility containing asbestos pursuant to the standards referred to in paragraph (1).
- Article 124 (Compliance with Asbestos Concentration Levels)
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(1) An asbestos dismantler or remover shall ensure that the asbestos concentration in the air around the relevant workplace after completing the dismantling or removal of asbestos pursuant to Article 122 (1) does not exceed the levels prescribed by Ordinance of the Ministry of Employment and Labor, and shall submit the relevant evidentiary data to the Minister of Employment and Labor.
(2) Matters regarding the qualifications of a person permitted to measure the asbestos concentration in the air under paragraph (1), and the methods of measurement shall be prescribed by Ordinance of the Ministry of Employment and Labor.
(3) Where the asbestos concentration in the air around the relevant workplace after completing the dismantling or removal of asbestos exceeds the level referred to in paragraph (1), the owner, etc. of a structure or facility shall not remove or dismantle the relevant structure or facility.
