MOEL Interpretation

Safety and Health Act

Occupational Safety and Health Management System, etc.


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199 Records
199. 1. Regarding the obligation under Article 14 to report and obtain approval from the board of directors on safety and health plans: * Are non-profit corporations, such as medical institutions, excluded from board reporting? * Since Article 14 states it applies to CEOs of joint-stock companies as defined by Presidential Decree, are medical institutions excluded? 2. Is safety and health management required for cafes, convenience stores, etc., operating within the main workplace (medical institution) but not under contract? Given risks such as pathogen infection, is management supervision unnecessary since these are separate businesses?
198.If a board of directors is not operated, is there an alternative method to obtain approval in place of board approval?
197.When dispatch company A dispatches workers to client company B, should the dispatched workers be counted as regular employees of company A or company B?
196. Our company is a real estate management firm with a total of 12,000 employees. The headquarters has 102 employees engaged in sales activities, hiring and placement of building managers, risk assessment and management for each apartment complex, etc. Nationwide, about 10 employees work at each of the roughly 1,200 apartment complexes. 1. Are we subject to Article 14 of the Act? If so, must the safety management activities at each apartment be included? * Is the headquarters exempt from obligations such as establishing a safety and health management system, preparing safety and health management regulations, and supervisor training? 2. Is the headquarters obligated to appoint a health manager and an industrial health physician? 3. Does our company fall under the category of appointing a safety and health management officer for workplaces with 20 to fewer than 50 employees?
195. 1. When calculating the number of regular employees, is it acceptable to base the calculation on the “number of workers enrolled in industrial accident insurance reported to the Korea Workers’ Compensation and Welfare Service for the current year”? 2. When calculating the number of regular employees, should the total number of regular employees across all workplaces (headquarters, branches, etc.) be summed without distinction by workplace? 3. Should the number of regular employees of partner companies in a subcontracting relationship be excluded from the regular employee count?
194.Is there any additional legal procedure when the safety and health-related budget, originally approved by the board of directors, is exceeded?
193.In a construction project where three buildings are newly constructed, with different building permits and different building owners, but the same construction company is working simultaneously on overlapping plots within the site, and the construction is carried out under the same construction organization and system, Is it possible to appoint one safety and health manager to oversee all three sites, or must each site be regarded as a separate workplace requiring an individual safety and health manager?
192. OO City Facility Management Corporation operates its headquarters and a total of 92 business departments, and to ensure smooth operations, delegates substantial authority and responsibility to the heads of each business department through internal delegation regulations to manage each business department. 1. Regarding the “Types and scale of businesses required to appoint a safety and health manager” under Enforcement Decree Annex 1-2 of the Industrial Safety and Health Act, does the scale refer to the entire organization (corporation) staff or the number of employees per business department? 2. If the number of regular employees is considered per business department and no department has 300 or more employees, does this mean there is no need to appoint a safety and health manager? * If the number of regular employees per business department is under 300, is it permissible to outsource the safety manager duties to a professional safety management agency? 3. If the number of regular employees is counted as the total number in the entire organization and a safety and health manager must be appointed, but the employer (chairman) and headquarters director cannot reside at the workplace, is it possible to designate the head of the business department residing at the site as the safety and health manager through delegated authority? 4. In the management support office of the management headquarters, the building management tasks involve supplying personnel only for cleaning and machine room duties at Incheon City Hall and 22 affiliated agencies scattered around Incheon City. Since the heads of those agencies do not reside there and only workers do, is it acceptable to designate an appropriate person as the safety and health manager in accordance with the corporation’s delegation rules?
191.What kind of person is appropriate to be appointed as the safety and health manager at a workplace?
190.Is it possible to designate the ‘Deputy Superintendent’ who can act on behalf of the Superintendent, or the ‘head of the relevant department’ who is in a position to comprehensively manage personnel, as the Safety and Health Manager?
189. 1. In the case where a local government has a main office and separate branches, what constitutes one workplace for the purpose of the “300 regular workers” standard under Article 15(1) of the Enforcement Decree of the Industrial Safety and Health Act? 2. For an independent branch, who should be designated as the Safety and Health Manager under Article 13 of the Act?
188.If the Physical workspaces of the Power Business Division and the Power Management Division within the Korea Electric Power Corporation (KEPCO) Regional Headquarters are the same, is it possible to appoint the Regional Headquarters Director, the Power Business Division Director, and the Power Management Division Director each as Safety and Health Managers? If, according to the organizational structure, the Power Business Division and Power Management Division under the Regional Headquarters have separate physical workspaces and independent authority over personnel and tasks, is it necessary to appoint separate Safety and Health Managers?
187. 1. Whether the Defense Science Research Institute’s affiliated organizations\* can appoint Safety and Health Managers separately from the Defense Science Research Institute headquarters. * Defense Industry Technology Support Center, Ground Technology Research Institute, Marine Technology Research Institute, Aviation Technology Research Institute, Civil-Military Cooperation Promotion Agency, etc. 2. Whether Safety and Health Managers can be appointed even if the scale of each workplace of the Defense Science Research Institute does not meet the criteria of Annex 2 of the Enforcement Decree of the Industrial Safety and Health Act.
186.Article 2 of the Serious Accident Punishment Act specifies that management responsibility lies with the heads of local governments. Does this affect the criteria for appointing Safety and Health Managers under the Industrial Safety and Health Act?
185. 1. Under the Industrial Safety and Health Act, which organization is responsible for appointing the Safety Manager for shared buildings and common facilities? a) The representative of each company b) Head of B-1 organization c) Head of B-2 organization d) Representative of company Z 2. For example, if a shared building’s stair railing is inadequately installed, causing a falling object to strike and kill a customer passing below, who would be subject to punishment under the Industrial Safety and Health Act? 3. If the buildings are separated and physically distinguishable, can B-1 and B-2 each appoint their own Safety and Health Manager and Safety and Health General Manager, with B-1 responsible for its private building and B-2 responsible for the shared building? * If appointed separately, are industrial accident counts calculated individually for each? * Can some activities such as safety and health education and appointment of health managers be conducted jointly under separate safety and health regulations?
184.When a business constituted as a single workplace falls under the Industrial Safety and Health Act’s requirement to appoint a Safety and Health Manager and a General Safety and Health Manager, can the Director in Charge of Safety and Health—who corresponds to the management responsibility under the Serious Accident Punishment Act—be appointed as the Safety and Health Manager?
183.Among supervisors (facility office manager, deputy manager, facility team leader, senior facility manager), if the senior facility manager is absent, can the facility manager be designated as the acting senior facility manager and perform the supervisor’s duties?
182.In a workplace organized as Logistics Center – Part – Section, where each section has between 5 and 20 members and 3 to 5 such sections are managed by a Part Manager, but the position that directly manages the members is the Section Manager, and the person managing the Section Managers is the Part Manager, can the Section Manager be considered a supervisor?
181.The Railway Union’s collective agreement states that when a supervisor is absent, the immediate superior takes appropriate measures. However, an agreement by the Industrial Safety and Health Committee requires that, to strengthen safety accountability, a senior manager above the immediate superior (such as a senior chief) should take action when a supervisor is absent. In this case, who acts as the substitute when the supervisor is absent?
180.When the senior facility manager is absent, can the facility manager be designated as the acting senior facility manager and perform the supervisor’s role? Can the facility manager, designated as the acting senior facility manager, complete the supervisor training required under the Industrial Safety and Health Act?
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