In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on occupational safety and health (OSH), the Committee considers it appropriate to examine Conventions Nos 115 (radiation protection), 139 (occupational cancer), 155 (OSH), 162 (asbestos), 170 (chemicals) and 187 (promotional framework on OSH) together.

The Committee notes the observations of the Korean Confederation of Trade Unions (KCTU) on Conventions Nos 115, 139, 155, 162, 170 and 187, and the observations of the Federation of Korean Trade Unions (FKTU) on Conventions Nos 115, 155, 170 and 187, both received in 2024, as well as the Government’s responses thereto. It also notes the observations of the Korea Employers’ Federation (KEF), transmitted with the Government’s reports.

A. General provisions

Occupational Safety and Health Convention, 1981 (No.155) , and Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187)

The Committee takes note of the information provided by the Government in its reports regarding the application of Articles 10 (guidance to workers and employers), 11(f) (knowledge and risk assessment), and 12(b) (responsibilities of designers, manufacturers, importers and others to make information available) of Convention No. 155, which addresses its previous requests.

Application of Conventions Nos 155 and 187 in practice. The Committee notes the statistics provided by the Government regarding the number of occupational accidents and diseases recorded, including fatalities recorded. The Committee notes that those numbers have increased over time, from 94,047 accidents and 15,195 cases of occupational injuries in 2019 to 113,465 accidents and 23,331 cases of occupational diseases in 2023. The Committee requests the Government to indicate the reasons behind this increase, as well as the measures taken to reduce the number of occupational accidents and diseases, and to continue providing statistics in this regard.

Action at the national level

Article 1 of Convention No. 155. Scope of application. Further to its previous comments on the scope of the OSH Act, the Committee notes the Government’s indication that the Occupational Safety and Health Act (OSH Act 2020) applies to all businesses. Numerous businesses are, however, still exempt from applying some of its provisions pursuant to Appendix 1 of the OSH Enforcement Decree. The Committee notes that, in its response to the KCTU’s concerns regarding those exemptions, the Government indicates that some industries, such as mining, nuclear power plant facilities, aviation, and shipping, cannot be regulated effectively under the OSH Act due to their specific risks. The Committee requests the Government to provide further information on the measures taken to protect workers in the excluded sectors. The Committee also requests the Government to continue to indicate any developments towards a wider application of the OSH Act 2020.

Article 2(3) of Convention No. 187. Measures that could be taken to ratify relevant OSH Conventions. The Committee requests the Government to provide updated information on any measures taken or envisaged to ratify relevant OSH Conventions.

National policy

Articles 4, 5(d) and 7 of Convention No. 155 and Articles 2(1) and (2) and 3 of Convention No. 187. Coherent national policy in consultation with the social partners. Further to its previous comments, the Committee notes the results of the 6th Working Environment Survey, of December 2021, provided by the Government. The Committee also notes the Government’s indication that consultations with social partners took place before the adoption of the 5th Five-Year Plan for Industrial Prevention (2020–24). The FKTU and the KCTU nevertheless object that consultations within the Industrial Accident Compensation Insurance and Prevention Review Committee have been superficial, with limited meetings of the Expert Committee on OSH within it. In this regard, the Committee notes the Government’s intention to make efforts to ensure that the Expert Committee on OSH, which includes representatives of social partners, operates more effectively. The Committee requests the Government to provide further information on the consultations undertaken with social partners, in the formulation and implementation of the 6th Five-Year Plan for Industrial Prevention, as well as the efforts to ensure the effective operation of the Expert Committee on OSH.

Article 3(3) of Convention No. 187. Measures to promote basic OSH principles and to develop a national preventive safety and health culture. Following its previous comments on the risk assessment system, the Committee notes the Government’s indication that, while the 2019 Working Environment Survey recorded around 34 per cent of workplaces without risk assessments, around 72 per cent of workplaces now had experience with risks assessments following the 2023 reform of the system. According to the KCTU, however, the current risk assessment system focuses on the convenience of small businesses, while participation of workers remains a formality. The FKTU also expresses concern that workplace risk assessments alone will not foster a national preventive safety and health culture. In response, the Government underlines that the OSH Act 2020 has already expanded the right of participation of workers in risks assessments, which now covers all steps of the process. It further considers that training and capacity-building should be prioritized over the introduction of sanctions. Regarding sanctions, the Committee refers the Government to its comments formulated under the Labour Inspection Convention, 1947 (No. 81). In addition, the Committee requests the Government to continue to indicate the measures taken to develop a national preventive safety and health culture, including information on the compliance rate of undertakings with the risk assessment system and consultation with workers in such processes.

Articles 4 and 16 of Convention No. 155. Minimizing, as far as is reasonably practicable, the causes of hazards inherent in the working environment. Ensuring that workplaces are safe and without risk to the safety and health of workers. Following its previous comments, the Committee notes the Government’s indication that, pursuant to section 487 of the Technical Rules of Occupational Safety and Health, employers are required to remove, replace or cover asbestos-containing materials when workers are at risk of exposure due to damage and aging of buildings and facilities. The Committee nevertheless notes the KCTU’s observations, alleging that OSH measures regarding asbestos remain minimal in the context of routine maintenance work at workplaces and that even when works are conducted according to asbestos mapping, there are many instances where protection measures for workers in nearby areas are insufficient. The Committee requests the Government to provide further information on the regulations in place for employers to ensure that workers who do not usually work with asbestos are protected from exposure to asbestos in the workplace.

National system

Article 8 of Convention No. 155 and Article 4(1) and (2)(a) of Convention No. 187. Progressive development and periodic review of the national system. OSH legislation. Consultations. The Committee notes that, according to the KCTU and the FKTU, consultations have been lacking and superficial prior to the adoption of the OSH Act 2020, with little to no reflection of their opinions in the final version. In this regard, the Committee notes the indication of the Government concerning the different rounds of consultations organized since 2018 and that some amendments on which workers and employers’ views diverged sharply were revised by the National Assembly. The Committee requests the Government to continue to provide information on the consultations undertaken with social partners in any future legislative reform on OSH.

Article 9 of Convention No. 155 and Article 4(2)(c) of Convention No. 187. System of inspection and adequate penalties. Mechanisms for ensuring compliance. Noting the FKTU and the KCTU’s observations on OSH inspections, the Committee refers the Government to its comments formulated under the Labour Inspection Convention, 1947 (No. 81).

Article 11(c) and (e) of Convention No. 155 and Article 4(3)(f) of Convention No. 187. Notification of occupational accidents and diseases. Production of statistics and annual publication of information. Following its previous comments on the publication of information, the Committee notes the extracts of the Employment and Labour White Paper provided by the Government, containing statistics on occupational accidents and diseases. The Committee nevertheless notes the observations of the KCTU, referring to under-reporting of accidents and cases of occupational disease, and alleging that the current system is ineffective, as it only requires reporting fatal incidents or those with three or more days of absence. The Committee notes the Government’s response that it is undertaking investigations into concealment of industrial accidents, and that it will strive to establish, through guidance, a culture that encourages reporting. The Committee requests the Government to provide information on the effectiveness of the measures taken to improve the reporting rates of occupational accidents and diseases.

Article 14 of Convention No. 155. Including OSH at all levels of education and training. Following its previous comments on this matter, the Committee notes that the Government provides information on awareness-raising campaigns and initiatives, carried out through media and broadcasting outlets, and on OSH training at the workplace level. The Committee requests for further information on the actions taken, including by the Korea Occupational Safety and Health Agency (KOSHA), to promote the inclusion of OSH at all levels of education.

Article 15 of Convention No. 155. Arrangements for coordination and consultation with workers’ and employers’ representatives. Following its previous comments, the Committee notes the Government’s indication that discussions within the Occupational Safety Committee, established under the Economic, Social and Labour Council, culminated in the adoption of a Tripartite Agreement for the Prevention of Serious Industrial Accidents in 2023. The Committee further notes that, pursuant to section 25 of the KOSHA Act, an OSH Council shall be established to promote OSH projects and foster cooperation with related organizations. The Committee requests the Government to provide further information on the coordination mechanisms between authorities or bodies responsible for OSH, including the cooperation activities of the OSH Council under the KOSHA Act.

Article 4(3)(h) of Convention No. 187. OSH in microenterprises, in SMEs and in the informal economy. Following its previous comments, the Committee notes the information provided by the Government on the support given to SMEs, including consulting services, financial measures, and promotional measures for risk assessments. The Committee also notes that according to the FKTU and the KCTU, governmental support remains insufficient and the proportion of businesses implementing OSH management systems after receiving governmental guidance is extremely low. In response, the Government indicates that it has issued industry-specific guides to establish OSH management systems in small businesses, among other measures. The Committee requests the Government to continue to provide information on the results of the support it gives to SMEs and to indicate any measures taken or envisaged to provide support in the informal economy.

National programme

Article 5 of Convention No. 187. National OSH programme. The Committee notes the Government’s indication regarding the evaluation of the 4th Industrial Accident Prevention 5-Year Plan, which was done through research services, and the adoption of the 5th Five-Year Plan for Industrial Accident Prevention (2020–24). In this regard, the KCTU refers to the lack of deliberations in the Industrial Accident Compensation Insurance and Prevention Deliberation Committee regarding this programme. The Government states that the 6th 5-Year Plan will be established after gathering opinions of experts, workers and employers, and after deliberation by the Industrial Accident Compensation Insurance and Prevention Deliberation Committee. The Committee requests the Government to provide information on the review of the 5th Five-Year Plan for Industrial Accident Prevention (2020–24) and the consultations that took place with social partners in the formulation of the 6th Five-Year Plan. The Committee also requests the Government to indicate how the 6th Five-Year Plan gives effect to Article 5(2) and (3) of Convention No. 187.

Action at the level of the undertaking

Article 17 of Convention No. 155. Collaboration between several employers present at the same workplace. Following its previous comments on measures to apply this Article, the Committee notes that the KCTU indicates in their observations that industrial accidents continue to occur at construction sites and other sites with multiple employers. The Committee notes that, in construction work, measures to prevent accidents include the preparation of safety and health plans at different stages of the work, pursuant to section 67 of the OSH Act 2020. The Government also refers to sections 62 and 64 of the OSH Act 2020, which cover the responsibilities of persons in respect of the contractors working at their place of business and those contractors’ workers. The Committee once again requests the Government to indicate how it ensures that two or more undertakings who engage in activities at one workplace simultaneously collaborate in applying OSH requirements, even without a contractual relationship.

Article 19(d) of Convention No. 155 and Article 4(3)(c) of Convention No 187. OSH training. The Committee notes the observations of the FKTU, noting that workplaces with less than 50 employees are exempt from providing OSH training, even though they account for 70 per cent of occupational accidents. The KCTU also refers to workers being compelled to certify that they have completed safety training when they have not, as well as to gaps in the training provided to migrant workers. The Committee notes the response of the Government acknowledging that some workplaces with lower risks and fatality rates are exempted from providing OSH training, and that educational content that is easy to understand has been provided to support migrant workers. Noting the high rates of accidents in SMEs, the Committee requests the Government to indicate the measures taken or envisaged to give full effect to Article 19(d) of Convention No. 155 and Article 4(3)(c) of Convention No. 187, and to ensure that OSH training is provided in all undertakings.

Article 21 of Convention No. 155. OSH measures at no cost for the workers. Following its previous comments, the Committee notes that according to the KCTU’s observations, construction workers are required to pay the costs of their OSH training in practice. The Government indicates that workers who have paid for their training can claim reimbursement from the employer. The Committee requests the Government to provide further information on how it ensures that, in law and in practice, OSH measures do not involve any cost for workers.

B. Protection against specific risks

Application in practice of Conventions Nos 139 and 162. Following its previous comments, the Committee notes the information provided by the Government on the application in practice of these Conventions, including statistics on the number of workers subject to health examinations after asbestos exposure and the number of occupational diseases detected. The Committee notes the observations of the KCTU alleging that 30 per cent of health screenings show abnormal findings for occupational cancer, in workers with 10 years of service in school catering and over 55 years old. In this regard, the Government refers to measures taken, such as the dissemination of the revised Technical Guidelines for Ventilation in Facilities for Food Service to the Ministry of Education, and on-site investigations into the working environment. The Committee requests the Government to continue to provide information on the application of Conventions Nos 139 and 162 in practice, including on labour inspection activities. The Committee requests the Government tocontinue to indicate the measures taken to reduce the number of work-related diseases caused by asbestos and other carcinogenic substances, and to provide information on their impact. The Committee also requests the Government to provide information on the number of workers exposed to asbestos in the course of work.

Radiation Protection Convention, 1960 (No. 115)

The Committee takes note of the information provided by the Government in its report concerning the application of Articles 9, 10 and 12 (appropriate warnings, adequate instruction, notification and medical examinations) of Convention No. 115, which addresses its previous request.

Articles 1 and 2 of Convention No. 115. Consultation with employers’ and workers’ representatives concerning the application of the Convention. Following its previous comments regarding consultations, the Committee notes the Government’s indication in its report that it listened to the opinions of social partners when establishing criteria for radiation exposure in 2017. The KCTU, however, indicates that no substantial discussion took place on how to address the fragmentation of responsibilities under the OSH Act 2020 and the Nuclear Safety Act, as concerns workers in the nuclear sector. The FKTU also indicates that the annual meetings between the Nuclear Safety and Security Commission and stakeholders are limited to nuclear safety, which leaves out other work involving radiation. In its response, the Government takes the view that the OSH Act 2020 and the Nuclear Safety Act leave no gap in application. The Committee requests the Government to provide further information on the outcomes of consultations with social partners regarding the scope of application of the national legislation.

Article 14. Discontinuation of assignment to work involving exposure to ionizing radiation pursuant to medical advice and alternative employment. Following its previous comments, the Committee notes section 138 of the OSH Act 2020, which requires employers to restrict or prohibit work that is contrary to medical advice. It also notes section 132(4) of the OSH Act, pursuant to which, when deemed necessary to maintain the health of employees based on the results of any health examination, an employer shall take appropriate measures, which may include transfer to a different work position. The Government refers to one case of reassignment to a suitable alternative employment in practice, in the healthcare sector. According to the KCTU, however, tasks with a high risk of exposure are often assigned to subcontractors and temporary workers, and that the lower rates of medical examinations for these workers render the application of this Article difficult in practice. The Committee requests the Government to provide further information on how this Article is applied in practice, including with respect to sub-contracted and temporary workers.

Article 15. Inspection services. The Committee notes the information provided by the Government regarding the inspection activities related to radiation conducted since 2020. The KCTU nevertheless takes the view that supervision in this field is practically non-existent and that only reactive measures are taken. In this respect, the Government indicates that the KOSHA is implementing the Technical Guidelines on Radon Health Management in the Workplace and providing technical support to workplaces. The Government indicates it guides, annually, 10 workplaces with risks of radiation exposure to establish appropriate OSH measures. It further indicates that inspections are conducted by the Ministry of Employment and Labour (MOEL) as part of the quintennial comprehensive plans established by the Nuclear Safety and Security Commission for Protection from Radiation in Natural Environments. The Committee requests the Government to provide further information on how it ensures that appropriate inspections are carried out in workplaces involving exposure toionizing radiations, by providing specific information on the results of such inspections.

Occupational Cancer Convention, 1974 (No. 139)

The Committee takes note of the information provided by the Government in its report on the application of Article 2(1) (replacement of carcinogenic substances and agents) of Convention No. 139, which addresses its previous request.

Article 1(1) of Convention No. 139. Periodic updating of the carcinogenic substances and agents which are prohibited or subject to authorization or control. Following its previous comments on the review of carcinogenic substances and agents, the Committee notes that the Government has provided the Regulations on the Harm and Hazard Assessment of Chemicals (Established Rules of the MOEL No. 203 of 2023), which sets out an assessment and classification system, conducted by a Chemical Substances Assessment Working Committee. The Government also indicates that the Expert Committee on OSH serves as the Chemical Substance Assessment Deliberation Committee under section 105 of the OSH Act 2020 and the Regulations on the Harm and Hazard Assessment of Chemicals. In this regard, the KCTU refers, in its observations, to a lack of discussions in recent years in the Expert Committee on OSH regarding carcinogenic substances and agents, while the KEF considers that the Government strives to periodically identify carcinogenic substances and agents, replace them with non-carcinogenic alternatives, and update administrative rules accordingly. The Government indicates that issues related to carcinogenic substances are continuously discussed in the Chemical Substance Assessment Working Committee, but that in the future, those matters will be submitted to the Expert Committee on OSH to strengthen the system. The Committee requests the Government to providethe up-to-date list of the carcinogenic substances and agents to which occupational exposure has been prohibited or made subject to authorization or control.

Asbestos Convention, 1986 (No. 162)

The Committee takes note of the information provided by the Government in its report regarding the application of Articles 10, 11 and 12 (prohibition of the use of asbestos, crocidolite and spraying), 13 (notification of certain types of work) and 18 (work clothing and special protective clothing) of Convention No. 162, which addresses its previous requests.

Articles 3 and 4 of Convention No. 162. Periodic review of the national legislation. Following its previous comments on the laws or regulations aimed at the prevention and control of, and protection of workers against, health hazards due to occupational exposure to asbestos, the Committee notes the Government’s reference to provisions of the Asbestos Safety Management Act and the OSH Act 2020. The Committee also notes the provisions covering asbestos dismantlement and removal work, under Part 3, Chapter 2, prevention of health problems caused by harmful substances requiring authorization and asbestos of the Technical Rules of Occupational Safety and Health (Technical Rules of OSH). The Committee requests the Government to continue to provide information onany review of the national legislation in the light of technical progress and advances in scientific knowledge. It also requests the Government to provide information on the consultations with social partners in this respect.

Article 6(3). Responsibilities of employers. The Committee requests the Government to indicate the measures taken to ensure that workers’ representatives are consulted in the preparation of emergency procedures.

Articles 15 and 16. Measures taken to limit the exposure of workers to asbestos. Prevention and control of the exposure. Following the adoption of the OSH Act 2020, the Committee notes that the MOEL is required to determine exposure limits to hazardous factors, pursuant to section 106 of the OSH Act. Pursuant to section 107 of the Act, employers shall ensure that exposure levels in the workplace comply with the limits prescribed by the MOEL, subject to certain exceptions, such as temporary and short-term work. In addition, the Committee notes that, pursuant to section 497-2 of the Technical Rules of OSH, where asbestos dismantlement and removal work involves 1 per cent or less of asbestos content, sections 489 to 497 of the Technical Rules of OSH (preventive and protective measures in asbestos dismantling and removal work) do not apply. The Committee requests the Government to provide up-to-date information on: (i) any periodic review of the applicable exposure limits to asbestos in the workplace; and (ii) the provisions giving effect to Articles 15(3) and (4) and 16 in workplaces where workers may be exposed to asbestos but not in the context of dismantling and removal work, or in workplaces where sections 489 to 497 of the Technical Rules of OSHdo not apply.

Articles 17 and 19. Demolition and removal of asbestos and disposal of waste containing asbestos. Following its previous comments, the Committee notes the provisions under the Asbestos Safety Management Act concerning the obligation to appoint registered supervisors for the safe management of asbestos dismantling and removal work (sections 30 and 30-2). The Committee also notes the duties of employers under section 489 of the Technical Rules of OSH, to establish asbestos dismantling and removal work plans, covering procedures and working methods, equipment and disposal methods, and measures to protect workers. The Committee further notes that, in accordance with section 489(2) of the Technical Rules of OSH, workers must be informed of the work plans. The Committee requests the Government to indicate how workers or their representatives are consulted on project plans for dismantling or removing asbestos, in accordance with Article 17(3). In addition, the Committee requests the Government to indicate the classification of waste containing asbestos under the Waste Control Act (industrial or designated waste).

Article 22(3). Written policies and procedures. The Committee takes note of the information provided by the Government regarding the content of training to be included for workers engaged in asbestos dismantling and removal. The Committee requests the Government to provide information on the application of this Article in practice.

Chemicals Convention, 1990 (No. 170)

The Committee takes note of the information provided by the Government in its report on the application of Article 19 (responsibility of exporting states) of Convention No. 170, which addresses its previous request.

Articles 1, 7, 8 and 9 of Convention No. 170. Special provision to protect confidential information. Safety and health of workers. Labelling and marking of chemical substances. Chemical safety data sheets. Responsibilities of suppliers.Application in practice. Following its previous comments, the Committee notes that the KCTU’s observations under Article 12 of Convention No. 155 take issue with the system under section 112 of the OSH Act 2020, pursuant to which persons can apply to the MOEL for non-disclosure of data in material safety data sheets (MSDS) considered as trade secrets. In this regard, the KCTU expresses its concern that companies have abused this system by falsifying MSDS, and that over 90 per cent of applications to the MOEL are successful. The Government, in response, indicates that annual inspections are conducted to ensure the proper application of the MSDS system, and that approval for non-disclosure is only granted following a comprehensive review by the KOSHA. The Committee notes with concern, from the statistics provided by the Government, that labour inspections revealed a 44.1 per cent MSDS-related violation rate. The Committee requests the Government to provide further information on how it ensures that the safety and health of workers are not compromised when applying the non-disclosure system under section 112 of the OSH Act 2020, including by indicating how it ensures that there is no falsification of MSDS. The Committee requests the Government to continue to provide statistics on the application in practice of legal provisions related to MSDS, including the violations uncovered through inspections and measures taken in response.

Article 4. National policy on safety in the use of chemicals at work. Following its previous comments on this matter, the Committee notes the information provided by the Government on the functions and meetings of the Expert Committee on OSH, which serves as the Deliberation Committee that deliberates on the assessment results of hazards and dangers posed by chemicals. The Government also indicates that the Convention is applied in accordance with relevant regulations under the OSH Act 2020. The FKTU and KCTU, in their observations, express concerns that the Expert Committee on OSH is currently almost inactive, with its last meeting taking place in 2020. The Government responds that it will strengthen the Expert Committee on OSH’s operations. The Committee requests the Government to continue to provide information on the activities of the Expert Committee on OSH in relation to chemicals and on measures taken to strengthen its operation. It requests the Government to continue to provide information on any legislative developments in the field of OSH in relation to chemicals.