Chemicals Convention, 1990 (No. 170) - Republic of Korea (RATIFICATION: 2003)

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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 of the Convention. National policy on safety in the use of chemicals at work. The Committee notes that in 2009, the Occupational Safety and Health Policy Deliberation Committee was disestablished and its functions absorbed by the Deliberation Committee on Industrial Accident Compensation Insurance and Prevention, set up by virtue of section 8 of the Industrial Accident Compensation Insurance Act. It also notes that an expert committee on occupational safety and health is to be established within this Deliberation Committee for the purposes of addressing safety and health issues in the field of chemical substances. The Committee requests the Government to provide further information on the composition, role and functions of the Deliberation Committee on Industrial Accident Compensation Insurance and Prevention and its expert committee, including information on measures taken to formulate, implement and periodically review a coherent national policy on safety in the use of chemicals at work, in consultation with the most representative organizations of employers and workers.

Article 7. Labelling and marking of chemical substances. Article 8. Chemical safety data sheets. Article 9. Responsibilities of suppliers. The Committee notes that, according to the FKTU, some businesses misuse section 41.2 of the Occupational Safety and Health Act, which allows for employers to not indicate, in the material safety data sheet they are required to draw up, and post in the workplace certain chemical substances which are considered trade and business secrets, and, under this pretext, do not provide information on harmful chemical substances to their workers. The FKTU calls for new regulations to restrict the withholding of information which is necessary to the protection of the workers’ health. In its report, the Government replies that such derogations are limited and eliminated through the strengthened implementation of the statutory requirements applicable. In this connection, the Government indicates that no derogation is granted for chemicals which might cause serious harm to the workers’ health and that information withheld only concerns the components and contents of chemical substances while information on risks and possible harm must always be included. The Committee requests the Government to provide further information on the application in practice of Articles 7, 8 and 9 of the Convention, in particular concerning the criteria applied to strike a balance between protection of business secrets and the need to ensure the safe use of chemical substances in the workplace as well as the obligations of employers in this regard.

Article 19. Responsibility of exporting States. In reply to the Committee’s previous comment, the Government indicates that the export of banned chemical substances is strictly prohibited and that information regarding any ban on manufacturing and use is made available to importing States in the material safety data sheets (MSDS) which must contain a specific mention in this regard. The Committee requests the Government to indicate whether MSDS must also contain the reasons for the total or partial prohibition of these chemical substances and to provide information on the manner in which MSDS are made available to importing States.

Application of the Convention in practice. The Committee notes the Government’s indication that in 2012, for the first time since the introduction of MSDS and warning labels, inspections were conducted in all undertakings subject to the relevant regulations and that such visits revealed a high rate of non-compliance. In 2012, labour inspectors carried out controls in 684 workplaces, detecting violations in 509 of them (74.4 per cent) and imposing 1,325 fines, while in 2013, 660 workplaces were inspected, revealing infringements to the regulations in 416 of them (63 per cent) and leading to the imposition of 784 fines. The Committee also notes the Government’s intention to remedy the situation through guidance to employers and continuing inspection visits. The Committee requests the Government to provide additional information on the types of infringements detected, on measures taken to address them and on the results obtained, and to continue to provide information on the application in practice of the Convention.

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The Committee notes the response provided by the Government in its latest report, including information on the relevant laws and standards, and the responsibilities of the Occupational Safety and Health Policy Deliberation Committee, which together make up the Government’s national policy on safety in the use of chemicals at work, as required by Article 4 of the Convention. The Committee also notes the information provided by the Government on standards for the classification of chemicals, giving further effect to Article 6, and the information provided on the records of the monitoring of the work environment, giving further effect to Article 12(d). The Committee asks the Government to continue to provide information on measures undertaken with regards to the Convention, including information on the work done by the above committee.

Article 19. Responsibility of exporting States. The Committee notes the Government’s response indicating that pursuant to section 37 of the OSH Act, no person should manufacture, import, transfer, offer or use the 64 types of substances which are recognized as especially harmful to workers’ health, and that there is no exception to this ban on exporting these products. The Committee asks the Government to provide further information on measures taken or envisaged to ensure that the exportation of any hazardous chemicals for which all or some uses are prohibited for reasons of safety and health at work, outside of the 64 types of substances recognized under section 37 of the OSH Act, is communicated to any importing country.

Part V of the report form. Application in practice. The Committee notes the Government’s statement that statistics on the number of workers covered by measures giving effect to the Convention do not exist. The Committee asks the Government to give a general appreciation of the manner in which the Convention is applied in the country and attach extracts from inspection reports, information on the number and nature of the contraventions reported, and the number, nature and cause of accidents reported.

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1. The Committee notes the detailed information contained in the Government’s first report and notes that the Industrial Safety and Health Act No. 3532 of 31 December 1981, the enforcement decree of the Industrial Safety and Health Act No. 10889 of 9 August 1982, and the enforcement regulations of the Industrial Safety and Health Act No. 17 of 29 October 1982, ensure the legislative conformity with a majority of the provisions of the Convention.

2. Article 4 of the Convention. National policy. The Committee notes that the Government refers to national legislation and guidelines in implementing this Article of the Convention concerning the formulation, implementation and periodical review of a coherent policy on safety in the use of chemicals at work. The Committee requests the Government to provide additional information in its next report on the national policy that was formulated on safety in the use of chemicals at work and the measures taken or envisaged to review it periodically.

3. Article 6. Classification systems. The Committee notes the Government’s reference to the classification systems based on the International Maritime Goods Code (IMDG) and Dangerous Goods Regulations (DGE) on the transport of dangerous goods and that the United Nations Recommendation on transport of dangerous goods is taken into account, the latter currently being revised using the classifications developed within the United Nations Globally Harmonized System of Classification and Labelling of Chemicals (see http://www.unece.org/ trans/danger/publi/ghs/ghs_welcome_e.htm.). The Committee requests the Government to provide information on the measures taken to revise the classifications of chemicals.

4. Article 12. Monitoring exposure. The Committee notes that section 42(1) of the Industrial Safety and Health Act provides that employers monitor the work environment and record the results of such monitoring. The Committee requests the Government to provide additional information on measures taken to ensure that employers monitor and record workers’ exposure to hazardous chemicals and the time period for keeping such records.

5. Article 19. Responsibility of exporting States. The Committee requests the Government to provide information on measures taken or envisaged to ensure that, if and when hazardous chemicals that are prohibited for reasons of safety and health at work are exported, this information is communicated to the importing country.

6. Parts III and V of the report form. Practical application of the Convention and decisions by courts or tribunals. The Committee requests the Government to provide additional information in its next report on the practical application of the Convention, such as extracts from inspection reports and, where such statistics exist, information on the numbers of workers covered by the measures giving effect to the Convention, disaggregated by gender, if possible. It also asks the Government to provide information on whether any court of law or other tribunal have given decisions involving questions of principle relating to the application of the Convention, as well as any other information that would enable the Committee to better appreciate the application in practice of the Convention.