Let's have a look at the obligations of employers regarding safety and health measures under Article 38 and Article 39 of the Occupational Safety and Health Act
First, we will start with the obligation for safety measures
Employers must take necessary measures for risks such as machinery, equipment, and other facilities
or risks including explosiveness, flammability, and inflammability
or risks caused by electrical hazards, heat, and other forms of energy
to prevent industrial accidents
Additionally, when engaging in excavation, quarrying, handling, logging, transportation, operation, handling of heavy objects, and other tasks
measures must be taken to prevent industrial accidents
caused by risks arising from inappropriate work methods
Furthermore, if the workplace has risk of falls
collapse of soil or structures
falling or flying objects,
or risks arising from natural disasters
employers must take necessary measures to prevent industrial accidents
Next, let's address the obligation for health measures
There are health impairments caused by raw materials, gases, vapors, dust, fumes, mist, lack of oxygen, pathogens, etc.
health impairments caused by radiation, harmful rays, high temperature, low temperature, ultrasonic waves, noise, vibration, abnormal pressure, etc.
health impairments caused by gases, liquids, residues emitted from the workplace, etc.
health impairments caused by tasks such as monitoring, operating computer terminals, precise operation, etc.
health impairments caused by repetitive tasks or tasks imposing excessive strain on the body
or health impairments resulting from failure to maintain adequate standards of ventilation, lighting, insulation, humidity, cleanliness, etc.
Employers must take necessary measures to prevent any of these health impairments
These obligations regarding safety and health measures exhibit characteristics of being technical, comprehensive, and dynamic
which are specifically regulated through the "Regulations on Occuapational Safety and Health Standards"
In order to demand specific obligations from employers and further impose criminal sanctions according to the law
it is necessary to explicitly define the duty of care, as it varies case by case
Furthermore, except for those subject to the Mining Safety Act, the Atomic Energy Safety Act, the Aviation Safety Act, and the Ship Safety Act
the obligation for safety and health measures applies to all workplaces
Violation of obligations regarding safety and health regulations
may result in imprisonment for up to 5 years or a fine of up to 50 million won
In the case of a worker's death resulting from such violation
imprisonment for up to 7 years or a fine of up to 100 million won may be imposed
Additionally, to enhance the prevention of industrial accidents and safety incidents
if an employer is sentenced for the death of another worker
and is convicted within 5 years for the same offense, the penalty may be increased by up to half of the previous penalty
Now, let's examine some cases related to violations of safety and health measures
The first case involves situations where hazardous work is carried out without implementing any alternative safety measures
other than those prescribed in the Occupational Safety and Health Regulations
Violation of the obligation for safety measures occurs when work is conducted or instructed
without implementing related safety measures
despite knowing the risks involved
or neglecting to rectify such conditions by the employer
Therefore, merely the occurrence of hazardous work without implementing alternative safety measures beyond
beyond those prescribed in the regulations does not constitute a violation of the offense
The second case involves a scenario where the factory manager of an auto repair shop
conducted welding work on a fuel tank without taking safety measures while the employer was absent
In such cases, the failure to implement necessary safety measures for
hazardous work at the employer's premises does not automatically constitute
a violation of the obligation for safety measures
If hazardous work is carried out without implementing safety measures while the employer is absent
the employer cannot be held liable for the violation of the obligation for safety measures
The third case involves a probationary employee at a golf course who disobeyed the manager's instructions
and drove a cart for personal use, resulting in a fatal accident
The manager escorted the employee to the staff lounge, letting him take a rest after lunchtime
and despite the manager instructed them to not drive the cart
If the probationary employee's disobedience led to the accident
It cannot be argued that the employer is obligated to prevent employees
from misusing carts for purposes beyond work duties
and therefore, the employer is not accountable for the offense of violating the obligations for safety measures
Let's now review the content of safety and health education
Conducting safety and health education is a fundamental obligation for employers
with a duty of safety consideration and is the most effective means for preventing industrial accidents
The Occupational Safety and Health Act mandates education for workers, special form workers,
and safety and health management personnel as employers' obligation
Workers should receive regular safety and health education
for at least 6 hours per quarter for general workers, 3 hours per quarter for office workers, and supervisors require at least 16 hours annually
about occupational disease prevention, occupational accident insurance, risk and hazard mangement, etc.
Additionally, new hires should receive over 8 hours of education, and at least 2 hours required for any change in job tasks
For temporary workers, initial education should last one hour, and any changes in job tasks should require an extra hour
Construction industry temporary workers must complete basic construction safety and health education upon hiring
Special education should be held at least 16 hours, with the initial four hours compulsory before commencing duties
and the remaining 12 hours to be completed within 3 months
or at least 2 hours for short-term or intermittent tasks
Specific categories of workers such as construction machinery operators, golf caddies, delivery personnel, substitute drivers
door-to-door salespersons, rental product inspectors, appliance installers and repairers, and freight truck drivers
must receive at least 2 hours of education upon employment and 16 hours for hazardous work
For short-term or intermittent work, new education should be held at least 1 hour, and special education should at least 2 hours
Safety and health management personnel, including safety managers, health managers, and safety and health management officers
must undergo regular job training from safety and health education institutions designated by the Ministry of Employment and Labor
Let's now have a look at the regular health examinations for workers
Firstly, there is a general health examination
This refers to periodic health examinations conducted by employers
for all workers for their continuous health management
Office workers should undergo examinations at least once every two years
while non-office workers should undergo examinations at least once a year
Special health check-ups are conducted for workers exposed to hazardous substances, dust, noise, and night work
The frequency varies depending on the type of hazardous factor
ranging from every 6 months to 24 months
Special health examinations include pre-placement examinations, periodic examinations, and temporary examinations
Pre-placement examinations assess the suitability
of workers for specific jobs involving hazardous work
Periodic examinations are conducted for workers showing symptoms or medical evidence
of occupational diseases such as asthma or dermatitis due to exposure to
hazardous factors associated with specific job duties
Temporary examinations are conducted when
similar symptoms occur among workers in the same department
multiple cases of occupational diseases are suspected
or when deemed necessary by the head of the local labor office
Employers are obliged
based on the result of workers' health examination when modifications are required
such as workplace changes, job transitions, shortened working hours, restrictions on night work, workplace environment measurements, or facility improvements
to take the appropriate measures accoring to the Ministry of Employment and Labor
Failure to take appropriate measures may result in fines of up to 10 million won
With the full amendment of the Occupational Safety and Health Act on January 16, 2020
Employers have been further obliged to manage workers based on the results of health examinations
After taking actions according to the result of special, periodic and temporary health examinations
post-mangement action report including the examination result and post- management evidence/plan documents should be submitted
to the local Employment and Labor Department
Reports are required for
cases involving work prohibition or restriction, job transitions, shortened working hours, confirmed cases of occupational diseases
and employers must submit them within 30 days of receiving the health examination report
Failure to submit reports or submission of false reports may result in fines of up to 3 million won