Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187) - Republic of Korea (Ratification: 2008)

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.]