0 00:00:05.122 --> 00:00:12.401 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 1 00:00:13.647 --> 00:00:15.607 First, we will start with the obligation for safety measures 2 00:00:16.143 --> 00:00:20.393 Employers must take necessary measures for risks such as machinery, equipment, and other facilities 3 00:00:20.393 --> 00:00:24.614 or risks including explosiveness, flammability, and inflammability 4 00:00:25.089 --> 00:00:31.239 or risks caused by electrical hazards, heat, and other forms of energy 5 00:00:31.289 --> 00:00:34.880 to prevent industrial accidents 6 00:00:35.945 --> 00:00:43.845 Additionally, when engaging in excavation, quarrying, handling, logging, transportation, operation, handling of heavy objects, and other tasks 7 00:00:43.845 --> 00:00:49.053 measures must be taken to prevent industrial accidents 8 00:00:49.311 --> 00:00:52.643 caused by risks arising from inappropriate work methods 9 00:00:54.063 --> 00:00:58.513 Furthermore, if the workplace has risk of falls 10 00:00:58.513 --> 00:01:02.163 collapse of soil or structures 11 00:01:02.163 --> 00:01:05.680 falling or flying objects, 12 00:01:05.680 --> 00:01:09.730 or risks arising from natural disasters 13 00:01:09.730 --> 00:01:17.563 employers must take necessary measures to prevent industrial accidents 14 00:01:19.050 --> 00:01:21.145 Next, let's address the obligation for health measures 15 00:01:21.797 --> 00:01:33.008 There are health impairments caused by raw materials, gases, vapors, dust, fumes, mist, lack of oxygen, pathogens, etc. 16 00:01:33.008 --> 00:01:42.333 health impairments caused by radiation, harmful rays, high temperature, low temperature, ultrasonic waves, noise, vibration, abnormal pressure, etc. 17 00:01:42.866 --> 00:01:48.766 health impairments caused by gases, liquids, residues emitted from the workplace, etc. 18 00:01:48.766 --> 00:01:55.178 health impairments caused by tasks such as monitoring, operating computer terminals, precise operation, etc. 19 00:01:55.178 --> 00:02:00.814 health impairments caused by repetitive tasks or tasks imposing excessive strain on the body 20 00:02:01.363 --> 00:02:10.482 or health impairments resulting from failure to maintain adequate standards of ventilation, lighting, insulation, humidity, cleanliness, etc. 21 00:02:10.582 --> 00:02:16.067 Employers must take necessary measures to prevent any of these health impairments 22 00:02:17.382 --> 00:02:23.332 These obligations regarding safety and health measures exhibit characteristics of being technical, comprehensive, and dynamic 23 00:02:23.332 --> 00:02:29.289 which are specifically regulated through the "Regulations on Occuapational Safety and Health Standards" 24 00:02:30.161 --> 00:02:35.661 In order to demand specific obligations from employers and further impose criminal sanctions according to the law 25 00:02:35.661 --> 00:02:41.131 it is necessary to explicitly define the duty of care, as it varies case by case 26 00:02:42.957 --> 00:02:50.807 Furthermore, except for those subject to the Mining Safety Act, the Atomic Energy Safety Act, the Aviation Safety Act, and the Ship Safety Act 27 00:02:50.907 --> 00:02:58.915 the obligation for safety and health measures applies to all workplaces 28 00:03:02.240 --> 00:03:06.190 Violation of obligations regarding safety and health regulations 29 00:03:06.190 --> 00:03:10.125 may result in imprisonment for up to 5 years or a fine of up to 50 million won 30 00:03:10.665 --> 00:03:13.815 In the case of a worker's death resulting from such violation 31 00:03:13.815 --> 00:03:17.538 imprisonment for up to 7 years or a fine of up to 100 million won may be imposed 32 00:03:18.138 --> 00:03:23.188 Additionally, to enhance the prevention of industrial accidents and safety incidents 33 00:03:23.188 --> 00:03:26.710 if an employer is sentenced for the death of another worker 34 00:03:26.710 --> 00:03:32.499 and is convicted within 5 years for the same offense, the penalty may be increased by up to half of the previous penalty 35 00:03:34.753 --> 00:03:39.575 Now, let's examine some cases related to violations of safety and health measures 36 00:03:42.295 --> 00:03:50.645 The first case involves situations where hazardous work is carried out without implementing any alternative safety measures 37 00:03:50.645 --> 00:03:55.170 other than those prescribed in the Occupational Safety and Health Regulations 38 00:03:55.720 --> 00:04:01.470 Violation of the obligation for safety measures occurs when work is conducted or instructed 39 00:04:01.470 --> 00:04:05.370 without implementing related safety measures 40 00:04:05.370 --> 00:04:10.473 despite knowing the risks involved 41 00:04:10.473 --> 00:04:17.430 or neglecting to rectify such conditions by the employer 42 00:04:18.130 --> 00:04:24.130 Therefore, merely the occurrence of hazardous work without implementing alternative safety measures beyond 43 00:04:24.130 --> 00:04:31.273 beyond those prescribed in the regulations does not constitute a violation of the offense 44 00:04:32.275 --> 00:04:38.525 The second case involves a scenario where the factory manager of an auto repair shop 45 00:04:38.525 --> 00:04:45.774 conducted welding work on a fuel tank without taking safety measures while the employer was absent 46 00:04:46.216 --> 00:04:49.816 In such cases, the failure to implement necessary safety measures for 47 00:04:49.816 --> 00:04:54.716 hazardous work at the employer's premises does not automatically constitute 48 00:04:54.716 --> 00:04:58.403 a violation of the obligation for safety measures 49 00:04:58.903 --> 00:05:05.336 If hazardous work is carried out without implementing safety measures while the employer is absent 50 00:05:05.707 --> 00:05:09.589 the employer cannot be held liable for the violation of the obligation for safety measures 51 00:05:11.230 --> 00:05:17.730 The third case involves a probationary employee at a golf course who disobeyed the manager's instructions 52 00:05:17.730 --> 00:05:24.058 and drove a cart for personal use, resulting in a fatal accident 53 00:05:24.740 --> 00:05:30.290 The manager escorted the employee to the staff lounge, letting him take a rest after lunchtime 54 00:05:30.290 --> 00:05:36.110 and despite the manager instructed them to not drive the cart 55 00:05:36.110 --> 00:05:40.460 If the probationary employee's disobedience led to the accident 56 00:05:40.460 --> 00:05:45.510 It cannot be argued that the employer is obligated to prevent employees 57 00:05:45.510 --> 00:05:53.279 from misusing carts for purposes beyond work duties 58 00:05:53.759 --> 00:05:57.484 and therefore, the employer is not accountable for the offense of violating the obligations for safety measures 59 00:05:59.317 --> 00:06:02.861 Let's now review the content of safety and health education 60 00:06:03.591 --> 00:06:08.741 Conducting safety and health education is a fundamental obligation for employers 61 00:06:08.741 --> 00:06:13.841 with a duty of safety consideration and is the most effective means for preventing industrial accidents 62 00:06:14.547 --> 00:06:21.697 The Occupational Safety and Health Act mandates education for workers, special form workers, 63 00:06:21.797 --> 00:06:24.201 and safety and health management personnel as employers' obligation 64 00:06:24.996 --> 00:06:33.546 Workers should receive regular safety and health education 65 00:06:33.746 --> 00:06:42.596 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 66 00:06:42.596 --> 00:06:46.513 about occupational disease prevention, occupational accident insurance, risk and hazard mangement, etc. 67 00:06:48.195 --> 00:06:55.321 Additionally, new hires should receive over 8 hours of education, and at least 2 hours required for any change in job tasks 68 00:06:56.162 --> 00:07:01.800 For temporary workers, initial education should last one hour, and any changes in job tasks should require an extra hour 69 00:07:01.800 --> 00:07:08.365 Construction industry temporary workers must complete basic construction safety and health education upon hiring 70 00:07:09.513 --> 00:07:17.763 Special education should be held at least 16 hours, with the initial four hours compulsory before commencing duties 71 00:07:17.813 --> 00:07:22.314 and the remaining 12 hours to be completed within 3 months 72 00:07:22.314 --> 00:07:28.386 or at least 2 hours for short-term or intermittent tasks 73 00:07:30.226 --> 00:07:41.376 Specific categories of workers such as construction machinery operators, golf caddies, delivery personnel, substitute drivers 74 00:07:41.376 --> 00:07:47.886 door-to-door salespersons, rental product inspectors, appliance installers and repairers, and freight truck drivers 75 00:07:48.086 --> 00:07:55.830 must receive at least 2 hours of education upon employment and 16 hours for hazardous work 76 00:07:56.453 --> 00:08:05.103 For short-term or intermittent work, new education should be held at least 1 hour, and special education should at least 2 hours 77 00:08:07.963 --> 00:08:14.513 Safety and health management personnel, including safety managers, health managers, and safety and health management officers 78 00:08:14.513 --> 00:08:21.819 must undergo regular job training from safety and health education institutions designated by the Ministry of Employment and Labor 79 00:08:22.513 --> 00:08:27.762 Let's now have a look at the regular health examinations for workers 80 00:08:28.085 --> 00:08:31.389 Firstly, there is a general health examination 81 00:08:31.830 --> 00:08:37.930 This refers to periodic health examinations conducted by employers 82 00:08:37.930 --> 00:08:41.780 for all workers for their continuous health management 83 00:08:41.780 --> 00:08:44.014 Office workers should undergo examinations at least once every two years 84 00:08:44.733 --> 00:08:48.073 while non-office workers should undergo examinations at least once a year 85 00:08:48.890 --> 00:08:55.040 Special health check-ups are conducted for workers exposed to hazardous substances, dust, noise, and night work 86 00:08:55.040 --> 00:09:03.151 The frequency varies depending on the type of hazardous factor 87 00:09:03.151 --> 00:09:08.194 ranging from every 6 months to 24 months 88 00:09:09.996 --> 00:09:16.795 Special health examinations include pre-placement examinations, periodic examinations, and temporary examinations 89 00:09:17.433 --> 00:09:23.433 Pre-placement examinations assess the suitability 90 00:09:23.433 --> 00:09:29.441 of workers for specific jobs involving hazardous work 91 00:09:30.748 --> 00:09:36.298 Periodic examinations are conducted for workers showing symptoms or medical evidence 92 00:09:36.298 --> 00:09:42.758 of occupational diseases such as asthma or dermatitis due to exposure to 93 00:09:42.758 --> 00:09:47.209 hazardous factors associated with specific job duties 94 00:09:48.249 --> 00:09:55.399 Temporary examinations are conducted when 95 00:09:55.399 --> 00:09:59.503 similar symptoms occur among workers in the same department 96 00:09:59.503 --> 00:10:04.953 multiple cases of occupational diseases are suspected 97 00:10:04.953 --> 00:10:11.922 or when deemed necessary by the head of the local labor office 98 00:10:13.462 --> 00:10:16.262 Employers are obliged 99 00:10:16.262 --> 00:10:22.162 based on the result of workers' health examination when modifications are required 100 00:10:22.162 --> 00:10:32.194 such as workplace changes, job transitions, shortened working hours, restrictions on night work, workplace environment measurements, or facility improvements 101 00:10:32.294 --> 00:10:36.936 to take the appropriate measures accoring to the Ministry of Employment and Labor 102 00:10:37.772 --> 00:10:43.916 Failure to take appropriate measures may result in fines of up to 10 million won 103 00:10:45.186 --> 00:10:49.986 With the full amendment of the Occupational Safety and Health Act on January 16, 2020 104 00:10:49.986 --> 00:10:55.879 Employers have been further obliged to manage workers based on the results of health examinations 105 00:10:56.759 --> 00:11:04.209 After taking actions according to the result of special, periodic and temporary health examinations 106 00:11:04.209 --> 00:11:12.614 post-mangement action report including the examination result and post- management evidence/plan documents should be submitted 107 00:11:12.614 --> 00:11:16.119 to the local Employment and Labor Department 108 00:11:17.265 --> 00:11:20.265 Reports are required for 109 00:11:20.265 --> 00:11:28.165 cases involving work prohibition or restriction, job transitions, shortened working hours, confirmed cases of occupational diseases 110 00:11:28.165 --> 00:11:34.582 and employers must submit them within 30 days of receiving the health examination report 111 00:11:35.500 --> 00:11:42.996 Failure to submit reports or submission of false reports may result in fines of up to 3 million won