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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.
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.