Demande directe (CEACR) - adoptée 2010, publiée 100ème session CIT (2011)

Convention (n° 155) sur la sécurité et la santé des travailleurs, 1981 - République de Corée (Ratification: 2008)

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

Article 4(1) of the Convention. Periodical review of the national policy. Article 7. Review of the national situation at appropriate intervals. The Committee notes the Government’s response that, in accordance with Article 4 of the Convention, and section 8 of the OSH Act, the Korean national policy on occupational safety and health (OSH) has been articulated, inter alia, through the adoption of the Third Five-Year Plan for Industrial Accident Prevention which is implemented through an annual task plan. This policy focuses on six strategies: (1) enhancing prevention activities through legislation; (2) diversifying delivery through participation and cooperation; (3) promoting effective implementation through specific prevention measures; (4) establishing a proactive management system for disease prevention; (5) enhancing safety awareness by spreading a safety culture; and (6) increasing the capacity of the OSH administrations. The Government also states briefly that, when the 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 project and safety and health promotion projects conducted from 2005 to 2009, but that little further is provided on the review of the national policy process. In this respect, the Committee refers to the 2009 General Survey on occupational safety and health, in which it is emphasized that it is of crucial importance not only to formulate and implement a national policy on occupational safety and health but also to periodically review this policy (Article 4), inter alia, in the light of an analysis of the national situation (Article 7) and that this periodical review and evaluation of past performance should inform future policies and plans enabling an effective operation of the dynamic national policy process envisaged in Article 4. The Committee requests the Government to provide further information on how the required periodical review of the national policy according to Article 4 and the review of the national situation at appropriate intervals according to Article 7 of the Convention are carried out.

Article 5(b). Relationships between the material elements of work and the persons who carry out or supervise the work. The Committee notes the reference made in the report to employers’ obligations in this respect and to the standards adopted, including a standard on the Scope of Work Causing Excessive Burdens on the Musculoskeletal System. The Committee requests the Government to provide further information on the account taken of this sphere of action in its national policy.

Article 5(e). The protection of workers from disciplinary measures. The Committee notes the reference made by the Government to article 19(7) of the OSH Act, which provides protection for the members of the OSH committee. The Committee notes, however, that the scope of Article 5(e) is wider, offering protection to actions taken by any worker. The Committee requests the Government to provide further information on measures taken to give full effect to this provision.

Article 11(d). Holding of inquiries. The Committee notes the information provided by the Government that, when a serious accident happens resulting in the death of at least one person, the Ministry of Employment and Labour may conduct an investigation to identify its cause and establish prevention measures. The Committee also notes that, in order to diagnose occupational diseases and identify their causes, the Ministry of Employment and Labour, may, if necessary, conduct an epidemiological investigation to find out the correlation between the disease affecting the worker and the hazards in the workplace. The Government is requested to provide further information on the relevant legal provisions and application in practice of this provision, including examples of inquiries held and their results.

Article 11(e). Publication of information on the implementation of the national policy. The Committee notes the information provided regarding the annual publication of statistics. However, no information has been provided regarding the publication of information on measures taken in pursuance of the policy in accordance with Article 4. The Government is requested to provide information on measures taken progressively to ensure that the functions referred to in Article 11(e) are carried out.

Article 11(f). Knowledge and risk assessment. The Government refers to article 40 of the OSH Act, which provides for risk assessments to be carried out by manufacturers or importers, particularly in relation to chemicals. The Committee also notes that the OSH Research Institute under the Korea OSH Agency (KOSHA) conducts research on industrial accidents and occupational diseases, including, research on the harmfulness and hazardousness of industrial chemicals. However, no information is provided regarding risk assessments in relation to substances other than chemicals, such as physical, biological and psychosocial agents. The Committee notes the emphasis on risk assessment as a preventive measure within the current five-year plan and that the Government plans to introduce a generalized requirement to carry out such risk requirements. The Government is requested to provide information on measures taken progressively to ensure that the functions referred to in Article 11(f) are carried out.

Article 12(b). Responsibilities of designers, manufacturers, importers, etc. to make information available. In relation to Article 12(b) the Committee notes the information provided by the Government relating to obligations imposed on employers who intend to manufacture, import, use, transport or store a chemical or chemical-containing preparations so as to make information available, inter alia, in the form of the provisions of Material Safety Data Sheets, however, such information provided relates to measures taken to give effect to other aspects of this subparagraph. As regards to Article 12(c), the Committee notes the Government’s reference to research carried out by the OSH Research Institute under the KOSHA. The Government is requested to provide information on measures to give full effect to the provisions in this subparagraph.

Article 13. Protection of workers removed from situations presenting imminent and serious danger. The Committee notes the Government’s reference to sections 26(2) and (3) of the OSH Act. The Committee notes that it is not entirely clear that the abovementioned sections (in the English version available to the Committee) give full effect to Article 13. With reference to the more detailed discussion on this Article in paragraphs 145–152 in the 2009 General Survey on Occupational Safety and Health, the Committee requests the Government to clarify whether section 26(2) of the OSH Act entitles workers to remove themselves from work situations which they have reasonable justification to believe present an imminent and serious danger to their life or health.

Article 17. Collaboration between several employers present in the same workplace. The Committee notes the reference made by the Government to sections 18 and 29(1) of the OSH Act which regulate employers’ OSH duties. The Committee notes, however, that the provisions do not seem to regulate collaboration between several employers present in the same workplace as prescribed by this Article. The Government is requested to provide further information on measures taken to give effect to this provision.

Articles 19(b) and 20. Cooperation between management and workers and/or their representatives on OSH. The Committee notes the Government’s response in that, by virtue of section 19 of the OSH Act employers should establish and operate OSH committees, composed of an equal number of workers and employers, so as to deliberate or decide on important OSH matters. The Committee also notes that by virtue of section 19(8), further regulations on such OSH committees, including, the category and scale of the business for which an OSH committee is to be established, shall be enacted by presidential decree. The Committee requests the Government to provide further information on whether further legislation has been adopted to regulate the setting up 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 19(c) and (e). Arrangements at the level of the undertaking. The Committee notes the information provided by the Government regarding the application of sections 5, 11(1) and (2) of the OSH Act on the employers’ obligation to provide workers with OSH information and monitoring results. However, no specific information is provided on consultations with the representative organizations with regards to information provided by the employer under Article 19(c), nor regarding the right of representatives in these respects or the rights of workers to bring in outside experts when needed. The Committee asks the Government to provide further information on measures taken to give full effect to Article 19(c) and (e).

Article 21. OSH measures at no cost for the workers. The Committee notes the reference made by the Government to section 5 of the OSH listing employers’ OSH duties and obligations. This provision does not, however, expressly articulate that OSH measures should not involve expenditures to workers. The Committee requests the Government to provide further information on measures taken to give full effect to this Article.

Part V of the report form. Application of the Convention in practice. The Committee notes from the Government’s report that the overall trend of occupational injuries has decreased since 2002. The Committee asks the Government to continue to give a general appreciation of the manner in which the Convention is applied in the country, and to provide, where such statistics exist, information on the number of workers covered by the legislation, the number and nature of the contraventions reported, and the number, nature and cause of accidents and occupational diseases reported.