South-Korea

In South Korea, the Occupational Safety and Health Act (OSHA) is the foundational legislation for workplace safety and health. It aims to prevent industrial accidents, establish standards for a comfortable working environment, and define responsibilities of employers and employees. The Enforcement Decree of the Occupational Safety and Health Act provides detailed regulations and instructions for implementing the OSHA. The Ordinance of the Occupational Safety and Health Standards includes more specific health and safety regulations. The Industrial Accident Compensation Insurance Act provides a compensation system for workers who suffer from occupational injuries or diseases.

Employer Responsibilities

Employers in South Korea have extensive responsibilities under the OSHA. These include establishing a Safety and Health Management System, providing Safety and Health Education and Training, conducting Risk Assessments, maintaining a Safe Working Environment, and reporting Accidents and Occupational Diseases.

Employee Rights

South Korean employees have several important rights under occupational health and safety laws. These include the Right to Know, the Right to Refuse Dangerous Work, the Right to Participate in Safety and Health Activities, and the Right to Medical Examinations.

Specific Health and Safety Areas

South Korean OSH laws cover a wide range of specific areas, including Chemical Safety, Machine Safety, Ergonomics, and Mental Health.

Enforcement and Penalties

The Ministry of Employment and Labor (MOEL) is the primary agency responsible for enforcing occupational health and safety laws in South Korea. MOEL inspectors have the authority to conduct workplace inspections, issue improvement orders, impose fines or administrative penalties, and order businesses to suspend operations in cases of serious violations.

Evolving Focus

South Korea continues to improve and enhance its OH&S regulations. Some areas of recent focus include strengthening mental health protections in the workplace, addressing the safety and health challenges of emerging technologies, and expanding the scope of the Industrial Accident Compensation Insurance system.

Occupational health and safety (OSH) is a crucial aspect of any workplace, and in South Korea, it is governed by several key regulations and standards. The Occupational Safety and Health Act (OSHA) is the central legislation that sets the foundation for workplace safety and health. It outlines employer and worker responsibilities, mandates safety standards, and establishes enforcement mechanisms. The Enforcement Decree of the Occupational Safety and Health Act provides specific regulations and procedures for implementing OSHA's requirements, while the Ordinance of the Occupational Safety and Health Standards contains detailed technical standards for hazard prevention, machinery, personal protective equipment, hazardous substances, and more.

Hazard Prevention and Control

Employers are required to conduct systematic risk assessments to identify and address potential hazards in the workplace. Once these risks are identified, employers must implement a hierarchy of control measures to eliminate or reduce them. These measures can range from elimination or substitution to engineering controls such as ventilation and equipment guards, administrative controls like work procedures and training, and the use of personal protective equipment (PPE).

Workplace Facilities and Amenities

Workplaces must have emergency plans, evacuation routes, first aid, and firefighting equipment in compliance with OSHA regulations. Employers are also required to provide clean and hygienic toilet facilities, washing areas, and, where applicable, safe drinking water and dining areas.

Health Management

Employers are mandated to provide regular health checkups for workers exposed to harmful factors. They are also obligated to take measures to prevent occupational diseases and have a process for reporting them to authorities.

Worker Participation and Training

Workplaces over a certain size must establish joint worker-management safety and health committees to participate in OSH decision-making. Employers are also responsible for providing safety and health training to workers upon hiring and regularly thereafter.

Government Oversight and Support

The Ministry of Employment and Labor (MOEL) is the primary agency responsible for OSH policy development, enforcement, and promotion. The Korea Occupational Safety and Health Agency (KOSHA) supports OSH efforts through research, technical support, training, and awareness campaigns.

Workplace inspections play a crucial role in identifying and assessing potential hazards, verifying compliance with regulations, encouraging proactive safety measures, and raising awareness about best practices. In South Korea, the Ministry of Employment and Labor (MOEL) is tasked with conducting these inspections. MOEL inspectors have the authority to enter workplaces without prior notice, examine machinery and materials, review relevant documents, interview employers and workers, and take samples of hazardous substances.

Types of Inspections

There are two main types of inspections: Regular and Special. Regular inspections are conducted periodically to monitor general compliance with regulations. Special inspections, on the other hand, are triggered by specific events or concerns such as serious workplace accidents, complaints from workers or the public, or targeted enforcement campaigns focusing on high-risk industries.

Inspection Criteria

Inspectors use a comprehensive set of criteria during inspections. These criteria are based on the requirements outlined in the Occupational Safety and Health Act (OSHA), its Enforcement Decree, and other relevant standards. Key areas of focus include the evaluation of the employer's policies, procedures, and hazard prevention measures, the effectiveness of measures to control workplace hazards, compliance with specific regulations, and review of accident and illness records, safety training documentation, and other related records.

Inspection Frequency

The frequency of inspections may vary depending on the size of the workplace, the industry sector, and the compliance history. Larger workplaces, high-risk industries such as construction or manufacturing, and workplaces with a history of violations may be subject to more frequent inspections.

Inspection Procedures

The inspection process typically involves an opening conference where the inspector explains the purpose of the inspection, a walk-around inspection of the workplace, a review of OHS records, interviews with workers and management, and a closing conference where the inspector summarizes the findings.

Follow-Up Actions

If violations are found, the inspector may issue a written order requiring the employer to take corrective action within a specified timeframe. MOEL may impose fines or other administrative penalties for violations. In cases of serious or imminent danger, inspectors can order a temporary shutdown of the worksite. Willful or repeated violations may result in criminal prosecution.

Workplace accidents are serious incidents that require immediate attention and reporting. Employers are legally obligated to report such accidents to the Ministry of Employment and Labor (MOEL) and relevant local authorities. The types of accidents that must be reported include fatalities, injuries requiring hospitalization for more than 24 hours, and occupational illnesses. The reporting must be done within a set timeline depending on the severity of the accident.

Investigation of Workplace Accidents

The Ministry of Employment and Labor has the authority to investigate serious workplace accidents. The aim of these investigations is to determine the cause, identify safety violations, and recommend corrective actions. The investigative procedures often involve site inspections, interviews with witnesses and involved parties, review of safety records and procedures, and examination of equipment. The Korean Workers' Compensation and Welfare Service (KCOMWEL) may also conduct separate investigations to assess eligibility for workers' compensation claims.

Compensation Claims

The Korea Workers Compensation and Welfare Service (KCOMWEL) manages the workers' compensation system. This system provides injured workers with benefits such as medical expenses, wage loss compensation, disability benefits, and survivor benefits. Generally, all workers employed in South Korea are covered by workers' compensation insurance. Workers or their representatives should file claims with KCOMWEL within a prescribed period after the workplace accident. KCOMWEL reviews these claims and determines eligibility for different types of benefits.