Korea Occupational Saftey and Health Agency
According to the 2022 Industrial Accident Status Survey conducted by the Korea Occupational Saftey and Health Agency
the number of industrial accident victims was 133,480 with 2,223 fatalities
representing a 6.22% increase in the number of victims
and a 6.875% increase in fatalities compared to the previous year
In reponse, to acheive safe and healthy work environment, and furthermore a pleasant country
by aiming to reduce the fatality rate
specifically to the OECD average level of 0.29% by 2026
through initiatives such as establishing saftey and health workplaces and implementing stringent penalties for major accidents
the government is actively focusing on preventing industrial accidents
To establish safe and healthy workplaces
it is essential to understand the key provisions of the Occupational Saftey and Health Act
which regulates saftey and health management systems
Let's see these provisions together
First, the Occupational Safety and Health Act was enacted to establish standards for occupational safety and health
clarify responsibilities to prevent occupational accidents
and create pleasant working environments
to ensure and enhance the safety and health of workers providing labor
In this context, occupational accidents refer to
fatalities, injuries, or illnesses suffered by workers due to
construction, equipment, raw materials, gases, vapors, dust
or other work-related factors
Occupational accidents that result in severe consequences such as death
or affect multiple victims
are termed as major accidents, categorized as Level 0 by the Ministry of Employment and Labor
The legislation concerning occupational safety and health in South Korea
originated from the Labor Standards Act
which is the first labor law enacted and promulgated in May 1953
This law established standards for machinery, equipment, facilities, and working environments at workplaces
and mandated the appointment of safety and health managers
outlining ten provisions on safety and health under Chapter 6 of the same act
As the era of industrialization progressed, the significant increase in occupational accidents prompted
the establishment of regulations such as the Labor Health Management Rules in 1961
and the Labor Safety Management Rules in 1962
providing specific guidelines for safety and health management
In 1964, the Industrial Accident Compensation Insurance Act was enacted
to establish a compensation system for workers
The 1980s witnessed a surge in major accidents due to the enlargement of machinery and equipment in workplaces
and the increased use of hazardous substances
leading to the emergence of new occupational diseases
This highlighted the severity of human and economic losses
Consequently, there was a growing demand for systematic and independent laws
to clarify the responsibilities of workplaces for industrial accidents and proactively protect workers
As a result, in 1981, the government separated industrial safety and health section
from the Labor Standards Act, enacting the Industrial Safety and Health Act as an independent law
Subsequently, in 1990, the Occupational Safety and Health Act underwent comprehensive revision
to address persistent issues in workplace safety and health management
In 2020, the law was amended extensively to expand its coverage
to various forms of employment and to effectively support
workers' right to stop work during hazardous situations
aiming to create conditions where workers can work safely and healthily
However, despite these efforts, industrial accidents such as deaths from argon gas asphyxiation in Hyundai Heavy Industries, jamming accidents at the Taean Thermal Power Plant
and warehouse fires at logistics construction sites
as well as citizen-related disasters including the humidifier disinfectant incident or the Sewol ferry disaster on April 16
continue to pose societal challenges
To prevent these major industrial and citizen-related disasters
Act on Serious Accidents Punishment was enacted in 2021 and implemented it from January 27, 2022
The Occupational Safety and Health Act applies to all businesses as a principle
However, depending on the degree of harm, the type of business, and the number of permanent employees
the Presidential Decree may specify certain types of businesses or workplaces where all or part of this law does not apply
The responsible party under the Occupational Safety and Health Act is the business owner, who employs workers to carry out business activities
Although the initial scope of protection under the Occupational Safety and Health Act
was limited by defining only workers as beneficiaries
the emergence of new types of labor not covered under the Labor Standards Act necessitated
the strengthening of protection for these individuals and the expansion of responsibilities
under the Occupational Safety and Health Act to prevent occupational accidents effectively
Therefore, on January 16, 2020 Article 1 of the Occupational Saftey and Health Act was comprehensively revised
to expand the scope of responsibility and protection under the law, changing the protected party from employees to those providing labor
The responsible parties now include CEOs, construction project clients, and franchise headquaters, among others
Under Article 14 of the Occupational Saftey and Health Act
company CEOs are madated to develop plans regarding saftey and health, subsequently be submitted to the boards if directors for approval
and furthermore they are obligated to ensure the thorough implenmentation of these plans
Companies with greater than 500 permanent employees or ranked within the top 3 in the previous year's construction capacity evaluation, or construction companies within the top 1000, are subjected to this requirement
The contents include saftey and health activities from the previous year, saftey and health management policies and plans,
personnel and roles in saftey and health management systems, and saftey and helath-related facilities and costs
Moreover, under Article 67 of the Occupational Saftey and Health Act, construction project clients with a total cost exceeding 5 billion won are
obligated to tkae measure throughout the entire process, from planning and design to construction, which is to prevent industrial accidents.
During the planning stage, a basic saftey and health management plan includung project overview, budget, schedule, as well as measures to reduce harmful risks, must be prepared
During the designing phase, this must be provided to the designer
who then prepares a design saftey and health management plan
including a reasonable construction period and cost estimation for safe work, and ensure its confirmation
And in the construction stage, the initial construction contractor must provide these plans
to reflect it in the construction safety and the management plan review
and then confirm implementation
Finally, under Article 79 of the Occupational Saftey and Health Act, for industries with greater than 200 franchise establishments
franchise headquaters are obligated to take measures for occupational accident prevention for franchisees and their employees
This include those listed under the food service as a major category and those classified as convenience stores within the major category as retail
in the franchise disclosure system
To prevent occupational injuries, franchise headquaters must provide education on saftey and health regarding franchise operations to franchisees at least once a year
Additionally, franchise headquaters must provide information on saftey and health regarding
facilities, machinery, raw materials, or products installed or supplied by the franchise headquaters to franchisees
Now let's have a look at the scope of protection
A worker, as defined in Article 2, Paragraph 1, Clause 1 of the Labor Standards Act
refers to an individual providing labor for the purpose of receiving wages, regardless of the type of occupation
As per the amendment of the Occupational Saftey and Health Act, the scope of protection has been expanded to include specialized workers and delivery personnel working through delivery apps
Through comprehensive amendment on January 16, 2020 and partial amendment on November 19, 2021
the occupations that primarily provide labor continuosly for one business, receive compensation for their livelihood
and do not employ others when providing labor, have met the criteria
Special types of laborers, such as insurance planners, postal insurance recruiters, construction machinery operators,
direct drivers, tutoring instructors, golf caddies, delivery drivers, quick service drivers, loan recruiters, credit inspectors, replacement drviers,
home appliance installers and repairers, truck drivers, and software technicians, are included in the protection scope
According to Article 91-15 of the newly established Occupational Accident Compensation Insurance Act
the term "specialized worker" has been replaced with "labor provider"
effectively from July 1, 2023
And specific types of construction machinery are listed in Annex 1 of the Enforcement Decree of the Construction Machinery Management Act
including bulldozers, excavators, loaders, scrapers, dump trucks, cranes, motor graders, rollers, roadside safety equipment, concrete batching plants, concrete finishers, concrete sprayers, concrete mixer trucks, concrete pumps, asphalt mixing plants, asphalt finishers, asphalt sprayers, gravel spreaders,
crushers, air compressors, borers, pile drivers, gravel fillers, dredgers, special construction machinery, and tower cranes
Employers receiving labor from these special types of workers are obligated to take necessary safety and health measures to prevent occupational accidents
Employers must provide safety restoration education to certain workers such as construction machinery operators or golf caddies
Failure to comply with safety and health obligations
may result in fines of up to 10 million won for violation of safety and health measures and up to 5 million won for violation of safety and health education requirements
Moreover, according to Article 78 of the Occupational Safety and Health Act, intermediaries who facilitate delivery through delivery apps or similar platforms
are obligated to take safety and health measures to prevent occupational accidents especially for those who drives motorcycles
Failure to comply may result in fines of up to 10 million won