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The Committee notes the observations by the Federation of Korean Trade Unions (FKTU) and the response of the Government, both received in 2016.
Articles 2(1), 2(2), 4(1) and 4(2)(a) of the Convention. Continuous improvement of occupational safety and health (OSH) in consultation with the most representative organizations of employers and workers, taking into account the principles set out in relevant ILO instruments, and progressive development and periodic review of the national system. The Committee notes the Government’s indication, in reply to its previous comments, that it has taken measures, after consultation with the FKTU and the Korean Confederation of Trade Unions (KCTU), as well as the Korea Employers Federation (KEF) and the Korea Federation of Small and Medium-sized Enterprises, to establish nationally unified safety and health standards, following the principles set out in the ILO instruments, including the OSH Act, the Enforcement Decree, the Enforcement Regulations of the OSH Act, and rules on OSH standards. It notes with interest in this respect the adoption of the new OSH Act of 2019, which will replace the OSH Act of 1981 (amended) in 2020. The Committee requests the Government to provide further information on the consultations held in the course of developing the new OSH Act with the most representative organizations of employers and workers. It also requests the Government to provide information on how the principles set out in ILO OSH instruments have been taken into account in the new Act.
Article 3(2). Promoting and advancing the right of workers to a safe and healthy environment. The Committee notes the information provided by the Government, in reply to its previous comment, that discussions held under the Industrial Accident Prevention System Advancement Committee resulted in an agreement to improve industrial accident prevention policies and systems. The Committee notes with interest the key achievements made in the implementation of the agreement, including: (i) the completion of basic OSH education by 175,000 people in the construction sector and new safety indices in that sector; (ii) the expansion of the scope of businesses required to designate safety and health managers and to submit risk and hazard prevention plans; (iii) increased financial support for industrial accident prevention in high-risk micro-enterprises and small construction sites; and (iv) a strengthened OSH inspection system.
Article 3(3). Measures to promote basic OSH principles and to develop a national preventative safety and health culture. The Committee notes the Government’s indication, in response to its previous request for information on the functioning and implementation of the risk assessment system, that the system has been implemented since 2013. The guidelines detailing risk assessment methods and procedures require employers to assign risk assessment duties and roles to managers, supervisors or safety and health managers, and to fulfil their risk assessment obligations with workers’ participation. The Committee notes the role that the Government plays in supervising employers’ risk assessment duties and offering necessary implementation support, including: (i) development and distribution of sector-specific risk assessment models, as well as an internet based risk assessment support system; (ii) support programmes targeting small enterprises; and (iii) promotional campaigns to encourage a safety culture using TV, radio, newspaper or other public advertisements, and social networks. In this respect, the Committee notes the observation made by the FKTU that, despite the Government’s efforts, a large number of workplaces do not carry out risk assessments due to a lack of penalties for non-compliance, and that the participation of workers in risk assessments is low. The Committee notes the Government’s response that it continues to promote the risk assessment system and plans to consider introducing penalties on employers for non-compliance once the system is widely recognized. The Government also indicates that in 2016, a survey was carried out to understand the overall status of risk assessment compliance at enterprises. The Committee requests the Government to provide further information on compliance with risk assessment requirements including the results of the survey carried out, and to indicate any further measures taken or envisaged to promote the risk assessment system, including in the context of the new OSH Act.
Article 4(3)(e) and (f). Research on OSH. Mechanisms for the collection and analysis of data on occupational injuries and diseases. The Committee notes the Government’s indication that the Korea Occupational Safety and Health Agency (KOSHA), in the context of the Agreement on the Industrial Accident Prevention System Advancement carried out an analysis of the causes of industrial accidents, based on questionnaires submitted by employers following changes in 2014 to the industrial accident reporting system. The Government also indicates that networks between KOSHA branches and occupational health agencies have been built and there has been an increase in the Agency’s financial and human resources so as to expand its policy research capacity.
In this respect, the Committee notes the observation made by the FKTU that the industrial accident reporting system has not been properly put in place due to a lack of publicity and interest from employers. The union also states that the analysis of industrial accidents based on the questionnaires has not been released, and that the KOSHA continues to suffer from a shortage of researchers which hinders timely delivery of research projects. According to the FKTU, the occupational disease evaluation monitoring system has not been functioning. The Committee notes the Government’s response that it has strengthened its promotion of the industrial accident reporting system. The Committee requests the Government to provide further information on the strengthening of mechanisms for the collection and analysis of data on occupational injuries and diseases, including measures to ensure the functioning of the occupational disease evaluation monitoring and industrial accident reporting systems.
Article 4(2)(b). Functions and responsibilities of the Government in respect of OSH. The Committee notes the Government’s indication, in response to its previous request, that the central safety management committee, which is chaired by the Prime Minister and comprises the Ministers of safety-related Ministries, is responsible for coordination between different Ministries. The Government indicates that other coordination meetings have been held, such as joint public–private meetings chaired by the Prime Minister. The Government also indicates that there has been a net increase in the number of KOSHA employees: by 98 in 2014, 40 in 2015 and 41 in 2016 respectively. The Committee notes this information.
Article 4(2)(c). Mechanisms for ensuring compliance. The Committee previously noted the Government’s indication that in the area of OSH, one industrial safety inspector was in charge of approximately 6,900 workplaces and 54,000 workers. The Committee notes the Government’s indication in response that, 21 more OSH inspectors had been recruited for the 2013–16 period. It also notes that the Ministry of Employment and Labour (MoEL) has been reinforcing OSH inspections through assigning inspectors with technical qualifications in natural sciences and engineering. With regard to the operation of the labour inspectorate, the Committee refers to its comments in 2019 concerning the application of the Labour Inspection Convention, 1947 (No. 81).
Article 4(2)(d). Cooperation between management, workers and their representatives. The Committee previously noted the FKTU’s observations that the majority of industrial accidents occur in SMEs with less than 50 workers and requested the Government to indicate the measures taken to ensure cooperation between management and workers and/or their representatives irrespective of the size of the business. The Committee takes due note of the Government’s indication in response that, following changes to the Enforcement Decree of the OSH Act, businesses with 50 employees or more in nine high-risk sectors are required to establish an OSH committee (previously this applied to workplaces with more than 100 workers), as are those with 300 or more employees in ten low risk sectors, and businesses with more than 12 billion South Korean won (KRW) in construction costs. Noting the Government’s report that more than 80 per cent of total accidents occur in workplaces with fewer than 50 workers, the Committee requests the Government to indicate the measures taken or envisaged to ensure cooperation between management and workers and/or their representatives in small enterprises. It also requests the Government to indicate any further measures taken or envisaged to strengthen cooperation between management and workers and/or their representatives in the context of the new OSH Act.
Article 4(3)(h). OSH in micro-enterprises, in small and medium-sized enterprises (SMEs) and in the informal economy. The Committee previously requested the Government to provide information on the measures taken to reinforce the responsibility of contractors vis-à-vis their subcontractors’ workers as well as initiatives aimed to improve OSH conditions in SMEs and in the informal economy. It notes the Government’s indication in response that the revision of the OSH Act and its enforcement regulations will expand employers’ obligations with respect to principal contractors, and will require workplaces with 50 workers to appoint a safety and health manager. The Committee also notes the targeted financial support and OSH technical support offered by the Government for firms with fewer than 50 employees (where most industrial accidents occur), including spending nearly 90 per cent of KOSHA’s programme expenditure supporting micro-businesses. The Committee also notes with interest the Government’s initiative to introduce targeted proactive inspections for businesses with fewer than 20 workers to prevent accidents, from which 500 businesses benefited in 2015. The Committee requests the Government to continue to provide information on the support mechanisms for improving OSH conditions in micro-enterprises, in small and medium-sized enterprises and in the informal economy and to provide information on the legislative provisions adopted expanding the obligations of employers with respect to contractors as the coverage of safety and health managers.
Article 5. National OSH programme. The Committee notes the Government’s indication that the 4th five-year Industrial Accident Prevention Plan (2015–19) was adopted through extensive consultation with employers’ and workers’ organizations as well as OSH experts, including the members of the Occupational Safety and Health Expert Committee and the Industrial Accident Compensation Insurance and Prevention Deliberation Committee under the terms of section 8 of the Industrial Accident Compensation Insurance Act. The Committee notes that this Plan includes specific action towards, among others: (i) strengthening principal contractors’ OSH responsibilities; (ii) expanding the scope of dangerous machinery and tools subject to OSH inspection and the establishment of an integrated information system; (iii) strengthening OSH support in the construction industry; (iv) reinforcing OSH governance through strengthened penalties; and (v) reinforcing the OSH education system. It notes that the Industrial Accident Prevention Plan (2015–19) sets a target of reducing the fatality rate per 10,000 workers from 0.71 per cent in 2013 to 0.30 per cent by 2019. The Committee requests the Government to provide information on the results achieved under the 2015–19 Industrial Accident Prevention Plan with regard to the targets and indicators of progress established. It requests the Government to provide information on the evaluation carried out of this Plan, in consultation with the social partners, and on how this evaluation contributes to the formulation of the Industrial Accident Prevention Plan for the subsequent period.
Application of the Convention in practice. The Committee requests the Government to continue to provide statistical data (disaggregated by gender, age, and type of industry) on the application of the Convention in practice, including the number, and the nature and cause of occupational accidents and diseases.

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The Committee notes the observations of the Federation of Korean Trade Unions (FKTU) and the Government’s reply thereto, both received with the Government’s report on 4 September 2014.
Article 2(1) of the Convention. Continuous improvement of occupational safety and health (OSH) in consultation with the most representative organizations of employers and workers. The Committee notes the Government’s indication that for the purpose of improving and diversifying service delivery mechanisms through participation and collaboration, it has encouraged the participation of the private sector and redefined the roles of the Ministry of Employment and Labour (MOEL), the Korea Occupational Safety and Health Agency (KOSHA) and private institutions for occupational accidents prevention. The Committee also notes that the Government has implemented specific preventive programmes targeting 10,000 workplaces with high risk of large scale occupational accidents (large factories, construction sites) and has established health centres for workers employed in small-sized enterprises. The Committee requests the Government to continue to provide information on measures taken to promote the continuous improvement of OSH and the results thereof. The Government is also requested to provide information on the consultations held in this regard with the most representative organizations of employers and workers, as required by this Article of the Convention, and on their outcome.
Article 2(2). Taking into account the principles set out in relevant ILO instruments. In the absence of the Government’s reply on this point, the Committee again requests the Government to indicate how the principles set out in the relevant ILO instruments are taken into account.
Article 3(2). Promoting and advancing the right of workers to a safe and healthy environment. In reply to the Committee’s previous comment, the Government indicates that in 2012 the Economic and Social Development Commission set up the Industrial Accident Prevention System Advancement Committee which has already held 11 plenary sessions, six management meetings and two public interest committee meetings. Policies on the prevention of occupational accidents and measures to improve the system were discussed with particular focus on the types and sizes of undertakings where occupational accidents incidence rate is the highest. An agreement was signed in 2013 and implemented by the Government. The Committee requests the Government to provide further information on the work of the Industrial Accident Prevention System Advancement Committee and actions taken to implement its decisions as well as on any other actions taken at the national, regional and enterprise levels to promote and advance the rights of workers to a safe and healthy working environment.
Article 3(3). Measures to promote basic OSH principles and to develop a national preventative safety and health culture. The Committee notes that the Government has introduced a risk assessment system which allows employers and workers to autonomously identify and address the causes of accidents and diseases in their workplaces. In this regard, the Committee notes the observation made by the FKTU according to which the system creates no compliance incentives for employers as sanctions attached are not specific to it but fall under the general legislation. In its reply, the Government indicates that employers who do not comply with their duty to conduct a risk assessment of their working environment are liable to a fine. However, it recognizes that the system is still in the initial stage and that small businesses, where no safety and health manager has been designated, may encounter difficulties in fulfilling their duty. Furthermore, the Committee notes from the 2013 White Paper annexed to the report that the Government took measures to strengthen accident prevention in the construction sector, mostly through guidance and inspection, while fostering voluntary safety management in larger construction sites (for example, voluntary safety consulting and contractor–subcontractor cooperation programmes). Finally, the Government indicates that it implemented preventive measures targeting specific sectors such as the chemical industry and industrial sites. The Committee requests the Government to provide further information on the functioning and the implementation of the risk assessment system, including in small businesses, and on any other initiatives taken to promote basic OSH principles such as assessing occupational risks and combating them at the source and developing a national preventative safety and health culture.
Article 4(2)(b). Functions and responsibilities of the Government in respect of OSH. Further to its previous comment in which it took note of the Presidential Commission for Decentralization’s intention to transfer part of the duties of the MOEL relating to OSH to local governments, the Committee notes that the bill providing for the devolution, which had been tabled in the National Assembly, was never voted on and that no specific action had been engaged to proceed with this project. Furthermore, the Committee notes from the Government’s report that the MOEL, its 48 regional offices and the KOSHA implement and enforce the national policy on OSH. In its observations, the FKTU indicates that the number of KOSHA regional offices, currently at 27, is not sufficient and calls on the Government to ensure that KOSHA offices are established wherever a regional office is set up. In its reply, the Government indicates its intention to increase the number of KOSHA offices, in consultation with the relevant Government agencies so as to match the number of the MOEL regional offices. Moreover, the Committee notes that the Government has established policy coordination systems, such as the national policy coordination meeting and the safety policy coordination meeting, to ensure policy coordination and consultation between the different ministries in charge and public administration. The Committee requests the Government to provide further information on the functioning of the coordination and consultation system in place, including information on actors and stakeholders involved, frequency of meetings, work carried out, decisions adopted, etc., and to provide information on progress made towards increasing the number of KOSHA offices.
Article 4(2)(d). Cooperation between management, workers and their representatives. Further to its previous comment regarding the establishment of OSH committees in undertakings, the Committee notes the Government’s indication that such committees are to be set up in undertakings of 100 workers and more for six branches of activity considered as very harmful or hazardous or in undertakings of 300 workers and more in other branches of activity. In its observations, the FKTU alleges that by fixing this threshold, the Government ignores the reality of industrial accidents which occur at workplaces of less than 50 workers in approximately 80 per cent of cases. Referring to its direct request under the Occupational Safety and Health Convention, 1981 (No. 155), the Committee requests the Government to provide its comments in this respect and to indicate the measures, taken or envisaged, to ensure cooperation between management and workers and/or their representatives irrespective of the size of the business.
Article 4(3)(h). OSH in micro-enterprises, in small and medium-sized enterprises (SMEs) and in the informal economy. In reply to the Committee’s previous request, the Government indicates that the KOSHA and private specialized agencies for industrial accident prevention selected workplaces with high occupational accident or disease risk among small-sized enterprises with a view to providing technical support. Furthermore, the Government indicates that it has implemented a Clean Workplace Programme subsidizing OSH improvements in SMEs and construction sites. The Committee also takes note of the statistics provided by the Government concerning the number of workplaces which benefited from these programmes. In its observations, the FKTU points out to the fact that measures to prevent occupational accidents should address the issue raised by subcontracting. In its reply, the Government acknowledges the need to improve existing laws to ensure that contractors share more responsibility for the safety and health of workers of subcontracting firms. The Committee requests the Government to provide information on measures taken or envisaged to address this problem and reinforce the responsibility of contractors vis-à-vis their subcontractors’ workers and to continue to provide information on initiatives aimed to improve OSH conditions in SMEs and in the informal economy.
Article 5(2)(d). Objectives, targets and indicators of progress. Further to its previous comment, the Committee notes that the objective of the industrial accident prevention programme is to create safe and healthy workplaces with no risk of occupational accidents. It also notes that for 2014, the Government aims at reducing occupational accidents to 0.57 per cent (0.59 in 2013), and to 0.70 per 10,000 for fatal occupational accidents (0.71 in 2013), while targeting a 3 per cent decrease in occupational accidents occurring in high risk workplaces, compared to 2013. The Committee requests the Government to continue to provide information on the objectives, targets and indicators of progress established within the framework of the industrial accident prevention programme and on their periodical review, in consultation with the most representative organizations of employers and workers.
Application of the Convention in practice. The Committee takes note of the detailed statistics provided by the Government concerning the number of occupational accidents and diseases registered between 2010 and 2013. The Committee requests the Government to continue to provide statistical data on the number, nature and cause of occupational accidents and diseases and on labour inspection visits, contraventions detected and sanctions imposed.
[The Government is asked to reply in detail to the present comments in 2016.]

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The Committee notes the observations of the Federation of Korean Trade Unions (FKTU) and the Government’s reply thereto, both received with the Government’s report on 4 September 2014.
Article 4(2)(c) of the Convention. Mechanisms for ensuring compliance. Further to its previous observation, the Committee notes the Government’s indication that the number of industrial safety inspectors has continuously increased in the past five years. The Committee also notes that, according to the FKTU, the number of industrial safety inspectors, approximately 300, is clearly insufficient to prevent industrial accidents in the country and that employers are less motivated to comply with their duties due the scarcity of inspection personnel. The FKTU calls on the Government to hire more industrial safety inspectors with expertise. In its reply, the Government acknowledges the shortage of labour inspection personnel and indicates that currently, one industrial safety inspector is in charge of approximately 6,900 workplaces and 54,000 workers. It also mentions that, in 2013, a reorganization plan was carried out by the Ministry of Employment and Labour which led to the assignment of 35 inspectors to workplaces with high accident rates. Finally, the Government indicates its intention to address this issue in collaboration with the competent administration. Keeping in mind its observation concerning the application of the Labour Inspection Convention, 1947 (No. 81), the Committee requests the Government to take all the necessary measures to strengthen its labour inspection system in particular with respect to the effective implementation of occupational health and safety standards. The Government is also requested to provide information on such measures and on the results achieved.
The Committee is raising other matters in a request addressed directly to the Government.
[The Government is asked to reply in detail to the present comments in 2016.]

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Further to its observation, the Committee requests the Government to provide additional information on the following points.

Article 2(1) of the Convention. Continuous improvement of occupational safety and health in consultation with the most representative organizations of employers and workers. The Committee notes the information provided regarding the Third Five-Year Plan for Industrial Accident Prevention and its main components including: strategies to entrench voluntary accident prevention activities by establishing legal and institutional foundations; diversifying service delivery mechanisms; enhancing the effectiveness of projects; setting up disease prevention and control systems; raising awareness about occupational safety and health; and strengthening the administrative capacity. The Committee requests the Government to provide further information on the outcome of the main components of the Third Five-Year Plan for Industrial Accident Prevention. As regards other aspects of the continuous improvement process in consultation with the most representative organizations of employers and workers, the Committee refers to the information provided and its comments this year in the direct request and observation concerning the application of Article 4(1) of the Occupational Safety and Health Convention, 1981 (No. 155).

Article 2(2). Taking into account the principles set out in instruments of the ILO relevant to the promotional framework for occupational safety and health. The Committee notes that the Government’s report is silent regarding the effect given to this provision. The Committee requests the Government to provide additional information on the principles which have been taken into account.

Article 3(2). Promote and advance, at all relevant levels, the right of workers to a safe and healthy environment. The Committee notes the information provided regarding activities undertaken at different levels to promote occupational safety and health (OSH) in general based, inter alia, on the provision in article 2 of the Occupational Safety and Health Act (OSH Act) and on an enumeration of activities undertaken at the national, regional and enterprise levels to promote a safety culture. It also notes the reference made to the various obligations of the employers in the OSH Act, including in sections 5, 20, 31 and 43. The Committee notes, however, that no information is provided regarding measures taken to promote and advance the rights of workers to a safe and healthy working environment. The Committee requests the Government to provide information on action taken at the national, regional, enterprise or other levels to promote and advance the rights of workers to a safe and healthy working environment.

Article 3(3). Measures taken to promote the basic principles and to develop a national preventative safety and health culture. The Committee notes that the current national policy has a clear focus on risk assessment (Strategy A1) and the OSH Act and the current Five-Year Plan appears to place due emphasis on information and training. However, no information is provided regarding the principle to combating risks at source. The Committee requests the Government to provide further information regarding measures taken to promote the basic principle of combating risks at source in formulating national policies. As regards the required consultations with the social partners, reference is made to the comment under Article 2(1) above.

Article 4(2)(d). Cooperation between management, workers and their representatives. The Committee notes the information that section 19 of the OSH Act stipulates that, in order to deliberate and resolve important matters concerning OSH, the employer should establish and operate an OSH committee, composed of equal numbers of workers’ and employers’ representatives, to deliberate and take decisions on important OSH matters at enterprise level. The Committee also notes that section 19(8) entitles the Government to regulate in further detail the purpose and scope of the OSH committees provided for in section 19 of the OSH Act. The Committee requests the Government to provide further information on whether further legislation has been adopted to regulate the establishment and operation of OSH committees at the level of the enterprise and, in particular, whether section 19 of the OSH Act applies to all businesses, irrespective of size.

Article 4(3)(d). Occupational health services. The Committee notes that the Government’s report is silent as regards occupational health services. The Committee requests the Government to provide further information on measures taken, as appropriate, to establish, maintain, progressively develop and periodically review its provision of occupational health services.

Article 4(3)(g). Collaboration with insurance and social security schemes for occupational injuries and diseases. The Committee notes the information provided regarding the compensation offered to workers under the Industrial Accident Compensation Insurance Act, but that no information is provided regarding the collaboration between the insurance providers and other relevant government authorities involved in the national OSH policy process. The Committee requests the Government to provide further information on collaboration with insurance and social security schemes for occupational injuries and diseases.

Article 4(3)(h). OSH in micro-enterprises, in small and medium-sized enterprises (SMEs) and in the informal economy. The Committee notes the reference made in this context by the Government to its general duty under section 4 of the OSH Act to provide support and guidance for the prevention of accidents and diseases for workplaces where accidents and diseases occur frequently, but that no specific information is provided regarding any support mechanisms for micro-enterprises, SMEs and the informal economy. The Committee requests the Government to provide further information on measures taken, as appropriate, to establish, maintain, progressively develop and periodically review its support mechanisms for micro-enterprises, in small and medium-sized enterprises and in the informal economy.

Article 5(2)(d). Objectives, targets and indicators of progress. The Committee notes the reference made by the Government in its report that, when the national plan was established, the objectives, target numbers, performance indicators and future tasks were set up on the basis of the results of the analysis of various safety and health culture projects and safety and health promotion projects conducted from 2005 to 2009. With reference also to its direct request concerning the application of Article 4(1) of Convention No. 155, the Committee requests the Government to provide further information on the objectives, targets and indicators of progress used.

Part V of the report form. Application of the Convention in practice. The Committee notes the detailed statistical information made available by the Government. The Committee requests the Government to continue to provide references to available statistical data and to provide further information on any specific measures taken to address relevant trends in this context.

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The Committee notes the Government’s first report including the legislative texts attached. The Committee also notes the comments by the Korea Confederation of Trade Unions (KCTU) dated 27 August 2010 and the Government’s response thereto submitted on 28 October 2010. 

Article 1(a) of the Convention. Definition of the term “national policy”. Article 4(2)(b). The functions and responsibilities of the Government in respect of occupational safety and health. The Committee notes the reference made by the Government to, inter alia, sections 4–6 of the Occupational Safety and Health Act (No. 4220 of 13 January 1990 as amended until 4 June 2010) (OSH Act) detailing the respective roles of the Government, the employers, workers and other interested parties in relation to OSH. The Committee also notes that, according to the KCTU, the Government is engaged in a process to devolve its OSH management and supervisory functions to local governments and that this process is being carried out without consultation with the representative organizations of workers and employers. The Committee notes that, in response, the Government confirms that, in March 2010, the Presidential Commission for Decentralization decided to transfer part of the OSH duties of the Ministry of Employment and Labour to local governments, that this decision will be confirmed when the revision of relevant laws and regulations is completed, and the consultations will be held with representative organizations of workers and employers on the proposed legislation. The Committee requests the Government to provide further information on the comments by the KCTU on the redistribution of OSH functions of governmental authorities and on the modalities for cooperation between different authorities in order to maintain a coherent national policy in accordance with the principles of Article 4 of the Occupational Safety and Health Convention, 1981 (No. 155).  

Article 4(2)(c). Mechanisms for ensuring compliance. The Committee notes the information provided that the Ministry of Employment and Labour takes overall responsibility for the administration of OSH-related inspection, and labour inspectors who are in charge of OSH in regional and district labour offices carry out such inspection. A labour inspector, if necessary, has a right to enter a workplace, to question a concerned person, to examine books, documents and other things, to conduct a safety and health inspection, and to collect raw materials or equipment to the extent necessary for the examination without compensation, in order to see if the workplace complies with the OSH Act and other national laws and regulations. The Committee also notes the comments made by the KCTU concerning the application of this Article, as well as on Convention No. 155, and which are examined in the context of the latter. With reference to its observation concerning the application of Article 9 of Convention No. 155, the Committee requests the Government to continue to provide information on the functioning of and efforts to maintain, progressively develop and periodically review its labour inspection system.

The Committee is raising other points in a request addressed directly to the Government.

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