Observation (CEACR) - adoptée 2013, publiée 103ème session CIT (2014)

Convention (n° 139) sur le cancer professionnel, 1974 - République de Corée (Ratification: 2011)

The Committee notes the information supplied by the Government in its detailed first report on the application of the Convention, received on 2 September 2013, as well as the observations of the Federation of Korean Trade Unions (FKTU) and the Government’s reply, annexed to the Government’s report. The Committee also notes the observations of the Korean Confederation of Trade Unions (KCTU), received on 31 August 2013, and the Government’s reply received on 25 October 2013.

Legislation. The Committee notes with interest the Occupational Safety and Health Act (Act No. 3532), which gives effect to many provisions of the Convention. The Committee also notes that in its report, the Government refers to the Regulations on Occupational Safety and Health Standards and to the Ordinance of the Ministry of Employment and Labor as giving effect to the Convention. The Committee asks the Government to transmit a copy of the Regulations and Ordinance, in one of the ILO’s official languages if possible.

Article 1(1). Periodic updating of the carcinogenic substances and agents that are either prohibited or subject to authorization or control. The Committee notes that in its observations the KCTU questions the periodical determination of carcinogenic substances and agents, indicating that the Ministry of Employment and Labor has not taken an active role in the determination of carcinogenic substances that are prohibited or subject to control or authorization. The KCTU indicates that while the list published by the Ministry includes 187 substances and agents, a group of civilian experts identified 495 carcinogenic substances and agents in 2010. The KCTU adds that the Ministry of Employment and Labor holds a meeting twice a year to review the list of carcinogenic substances and agents. The KCTU states that during these meetings, only 20 substances and agents are reviewed and that the “social and economic dimension” (employers’ financial burden) is considered when the Ministry determines whether a substance is carcinogenic.

The Committee notes the Government’s indication in its response that, while the Ministry of Employment and Labor does not set a separate list of carcinogenic substances, it provides information on the carcinogenicity of 188 kinds of chemicals by publicizing their exposure limits, based on the classification standards adopted by the International Agency for Research on Cancer (IARC), the American Conference of Governmental Industrial Hygienists (ACGIH) and the European Union Classification, Labelling and Packaging Regulations (EU CLP). The Government adds that, while the Ministry of Employment and Labor does not hold a meeting where the list of carcinogenic substances is reviewed, it frequently holds meetings to adjust the level of legal control over chemicals with harmful properties, such as carcinogenicity. Finally, the Government specifies that the evaluation of the “social and economic dimension” conducted when the level of legal control of chemicals is adjusted, not only considers the financial burden to employers but also analyzes and assesses the feasibility and suitability of the regulations. The Committee reminds the Government that the aim of a list of carcinogenic substances is to determine periodically the carcinogenic substances and agents to which occupational exposure shall be prohibited or subject to authorization or control. The Committee asks the Government to indicate the measures taken or envisaged to establish and ensure the periodic updating of a list of carcinogenic substances and agents to which occupational exposure shall be prohibited or made subject to authorization or control.

Article 2(1). Replacement of carcinogenic substances and agents. The Committee notes that in its report the Government refers to section 51(6) of the Occupational Safety and Health Act (OSH Act) in relation to the application of Article 2 of the Convention. The Committee also notes that, in its observations, the FKTU indicates that no legal obligation to replace carcinogenic substances and agents exists under this provision of the OSH Act, which cannot be seen as explicitly requiring employers to replace such substances or agents, since the issuing of such an order depends on the results of guidance and inspection by labour inspectors, and so the FKTU considers that the law should be amended to strengthen the duty of employers to replace carcinogenic substances and agents. The Committee notes that the KCTU made a similar observation, adding that in many workplaces carcinogenic substances are used even when substitute substances are available and that there are few cases where employers have been ordered by labour inspectors to use substitute substances. The Committee notes that the Government responded to the FKTU and KCTU observations by indicating that the Regulations on Occupational Safety and Health Standards would be revised to include provisions imposing the obligation for employers to examine the possibility of replacing controlled carcinogenic substances with less harmful ones and the obligation to actually replace these substances if possible. The Committee requests the Government to indicate the measures adopted with a view to the replacement of carcinogenic substances and agents to which workers may be exposed in the course of their work by non-carcinogenic, or less harmful, substances and agents, and to keep the ILO informed of any changes made to the Regulations on Occupational Safety and Health Standards following the review process.

Article 5. Medical examinations of workers during the period of employment and thereafter. The Committee notes that, in its observations, the KCTU indicates that a very low percentage of construction workers undergo health check-ups and special medical examinations, despite the fact that they are highly exposed to carcinogenic substances and agents. The Committee also notes that, in its response, the Government states that while the obligation to conduct health examinations is imposed on the construction industry, it is not easy for health examinations to be conducted in construction because the proportion of daily workers is high in this industry. The Government indicates that it is implementing programmes, notably the subsidization of the costs of health examinations for daily construction workers, to boost the proportion of workplaces conducting health examinations. A health management pocketbook programme is in place for construction workers who have engaged in the manufacturing or handling any of the 14 harmful substances that remain dormant for a certain period, and makes workers who possess the pocketbook eligible to receive Government support for special health examinations, even when they have been assigned to different work, retired or left their employment. The Government acknowledges that daily workers in the construction industry have difficulty obtaining a health management pocketbook because it is hard to prove their past work experience. Given this, the Government suggests it has improved the procedures and the requirements for the issuing of the pocketbooks, thus increasing the proportion of workplaces conducting special health examinations for construction workers. The Committee asks the Government to provide information on the frequency and scope of medical examinations of workers, particularly workers in the construction industry, and to give further details on the requirements to be met by workers to obtain a health management pocketbook.

Part IV of the report form. Application in practice. The Committee notes of the practical information provided by the Government, notably the number of workers involved in handling carcinogenic substances in 2009 (83,460 workers) and the number of workers with work-related diseases, classified according to the carcinogenic substance causing the disease. The Committee asks the Government to indicate what measures it has envisaged or taken to address the number of work-related diseases caused by carcinogenic substances. The Committee also requests the Government to provide a general appreciation of the manner in which the Convention is applied in the country, including relevant extracts from labour inspection reports, information on the number and nature of contraventions reported and the resulting action taken.