Direct Request (CEACR) - adopted 2025, published 114th ILC session (2026)

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.

Observation (CEACR) - adopted 2025, published 114th ILC session (2026)

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 139 (occupational cancer), 155 (OSH), 162 (asbestos), and 187 (promotional framework on OSH) together.

The Committee notes the observations of the Korean Confederation of Trade Unions (KCTU) on Conventions Nos 139, 155, 162 and 187, and the observations of the Federation of Korean Trade Unions (FKTU) on Conventions Nos 155 and 187, both received in 2024, as well as the Government’s responses thereto.

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

A. General provisions

Articles 5(e) and 13 of Convention No. 155. Right of workers to remove themselves. Protection from disciplinary measures. Following its previous comments on these Articles, the Committee notes that sections 23 and 24 of the Occupational Safety and Health Act 2020, as amended (OSH Act 2020) prohibit discrimination against members of workplace OSH committees and workers appointed as honorary occupational safety inspectors. Section 52(4) of the OSH Act 2020 also prohibits unfavourable treatment of workers who exercise their right to suspend work, when they have reasonable grounds to believe that an imminent danger exists. The Government indicates in its report that workers are not required to report to their supervisors before exercising this right. The Committee nevertheless notes that, according to the KCTU and the FKTU, employers discipline and seek damages from workers who exercise their right under section 52 in practice, and that such employers are not sanctioned. In response, the Government indicates that workers can seek remedies through the Labour Relations Commission and courts in such cases. Recalling that, in accordance with Article 5(e) of Convention No. 155,the national OSH policy shall take account of the protection of workers and their representatives from disciplinary measures as a result of actions properly taken by them in conformity with the policy, the Committee requests the Governmentto take the necessary measures to ensure the full application of Articles 5(e) and 13 of Convention No. 155, in law and in practice. The Committee requests the Government to provide further information on the measures taken to ensure the respect of section 52(4) of the OSH Act 2020 in practice.

Articles 19(b), (c), (e) and 20 of Convention No. 155 and Article 4(2)(d) of Convention No 187. Cooperation between management and workers and/or their representatives on OSH. Following its previous comments, the Committee notes that pursuant to Appendix 9 of the OSH Enforcement Decree, workplaces engaged in hazardous work with 50 or more regular workers must establish OSH committees, while the threshold is higher for other workplaces (300 regular workers for certain defined workplaces like software development, and 100 for other businesses). The Government further indicates that workplaces with 30 or more regular employees must establish a labour management council with worker representation and consult it on matters including OSH, pursuant to sections 4 and 6 of the Act on the Promotion of Employees’ Participation and Cooperation. The Committee also notes that the OSH Act 2020 provides rights of information to workers and their representatives, including a right to receive information on work environment measurements, and the right of representatives to participate in health assessments and work environment measurements. According to the Government, OSH committees can invite external experts based on mutual agreement with management, as necessary. Nevertheless, the Committee notes the concern of the KCTU that 80 per cent of serious accidents occur in companies with less than 50 workers. The FKTU also indicates that worker participation in risk assessments remains superficial. In response, the Government notes the existing rights under national legislation for workers’ participation and the need to examine the evolving hazards and risks and the employer’s ability to comply with the law before expanding the scope of the law. The Committee requests the Government to take measures to strengthen the arrangements for cooperation in undertakings that are not required to establish OSH committees and to provide information on those measures.

B. Protection against specific risks

Article 5 of Convention No. 139 and Article 21 of Convention No. 162. Medical examinations of workers during the period of employment and thereafter. Following its previous comments, the Committee notes the Government’s indication regarding workers who qualify for “health management cards”, allowing them to receive specialized medical examination once a year to check for medical conditions. The Government indicates that workers who have been issued health management cards, who are no longer working in asbestos-related jobs, can still receive a special medical examination related to asbestos once a year, at no cost. The Government further refers to the payment of insurance benefits for occupational diseases recognized to be caused by asbestos exposure. The Committee notes that, according to the KCTU, asbestos dismantling and demolition work is often carried out in small businesses involving temporary workers, which leads to OSH violations and neglect of the requirement for regular health surveillance. In this respect, the Government indicates that pre-employment health examination is provided to workers regardless of whether they are daily workers, and that workers without a certificate of employment can also obtain health management cards through a separate form written by two or more workers, after verification of the facts. The Government indicates that it is conducting awareness-raising to ensure that workers who are eligible for health management cards are aware of the system. The Committee requests the Government to take the necessary measures for the full application of Article 5 of Convention No. 139 andArticle 21 of Convention No. 162 and in practice, with a view to ensuring that workers are provided with the necessary medical examinations, and to provide further information in this regard.

Asbestos Convention, 1986 (No. 162)

Article 20 of Convention No. 162. Monitoring of theexposure of workers to asbestos. Right to request monitoring of the working environment and right to appeal to the competent authority concerning results. The Committee notes that section 125 of the OSH Act 2020 provides for requirements regarding the measurement of the working environment in workplaces where the work conducted is considered harmful to safety and health, and that according to section 125(8), the methods and frequency for the monitoring shall be prescribed by Ministerial Decree of the Ministry of Employment and Labour. Furthermore, following its previous comments, the Committee notes the Government’s indication that there are no regulations stipulating procedures as provided under Article 20(4) of the Convention. The Committee requests the Government to take the necessary measures to give effect to Article 20(4) of the Convention in law and in practice to ensure that workers or their representatives have the right to request the monitoring of the working environment and to appeal to the competent authority concerning the results of the monitoring. It also requests the Government to provide information on the provisions prescribing: (i) the interval at which monitoring of the working environment takes place and the methods for it; and (ii) the period for which the records of the monitoring of the working environment and of the exposure of workers to asbestos shall be kept.

The Committee is raising other matters in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

The Committee notes the observations by the Federation of Korean Trade Unions (FKTU) and the response of the Government, both received in 2016.

Articles 2(1), 2(2), 4(1) and 4(2)(a) of the Convention. Continuous improvement of occupational safety and health (OSH) in consultation with the most representative organizations of employers and workers, taking into account the principles set out in relevant ILO instruments, and progressive development and periodic review of the national system. The Committee notes the Government’s indication, in reply to its previous comments, that it has taken measures, after consultation with the FKTU and the Korean Confederation of Trade Unions (KCTU), as well as the Korea Employers Federation (KEF) and the Korea Federation of Small and Medium-sized Enterprises, to establish nationally unified safety and health standards, following the principles set out in the ILO instruments, including the OSH Act, the Enforcement Decree, the Enforcement Regulations of the OSH Act, and rules on OSH standards. It notes with interest in this respect the adoption of the new OSH Act of 2019, which will replace the OSH Act of 1981 (amended) in 2020. The Committee requests the Government to provide further information on the consultations held in the course of developing the new OSH Act with the most representative organizations of employers and workers. It also requests the Government to provide information on how the principles set out in ILO OSH instruments have been taken into account in the new Act.

Article 3(2). Promoting and advancing the right of workers to a safe and healthy environment. The Committee notes the information provided by the Government, in reply to its previous comment, that discussions held under the Industrial Accident Prevention System Advancement Committee resulted in an agreement to improve industrial accident prevention policies and systems. The Committee notes with interest the key achievements made in the implementation of the agreement, including: (i) the completion of basic OSH education by 175,000 people in the construction sector and new safety indices in that sector; (ii) the expansion of the scope of businesses required to designate safety and health managers and to submit risk and hazard prevention plans; (iii) increased financial support for industrial accident prevention in high-risk micro-enterprises and small construction sites; and (iv) a strengthened OSH inspection system.

Article 3(3). Measures to promote basic OSH principles and to develop a national preventative safety and health culture. The Committee notes the Government’s indication, in response to its previous request for information on the functioning and implementation of the risk assessment system, that the system has been implemented since 2013. The guidelines detailing risk assessment methods and procedures require employers to assign risk assessment duties and roles to managers, supervisors or safety and health managers, and to fulfil their risk assessment obligations with workers’ participation. The Committee notes the role that the Government plays in supervising employers’ risk assessment duties and offering necessary implementation support, including: (i) development and distribution of sector-specific risk assessment models, as well as an internet based risk assessment support system; (ii) support programmes targeting small enterprises; and (iii) promotional campaigns to encourage a safety culture using TV, radio, newspaper or other public advertisements, and social networks. In this respect, the Committee notes the observation made by the FKTU that, despite the Government’s efforts, a large number of workplaces do not carry out risk assessments due to a lack of penalties for non-compliance, and that the participation of workers in risk assessments is low. The Committee notes the Government’s response that it continues to promote the risk assessment system and plans to consider introducing penalties on employers for non-compliance once the system is widely recognized. The Government also indicates that in 2016, a survey was carried out to understand the overall status of risk assessment compliance at enterprises. The Committee requests the Government to provide further information on compliance with risk assessment requirements including the results of the survey carried out, and to indicate any further measures taken or envisaged to promote the risk assessment system, including in the context of the new OSH Act.

Article 4(3)(e) and (f). Research on OSH. Mechanisms for the collection and analysis of data on occupational injuries and diseases. The Committee notes the Government’s indication that the Korea Occupational Safety and Health Agency (KOSHA), in the context of the Agreement on the Industrial Accident Prevention System Advancement carried out an analysis of the causes of industrial accidents, based on questionnaires submitted by employers following changes in 2014 to the industrial accident reporting system. The Government also indicates that networks between KOSHA branches and occupational health agencies have been built and there has been an increase in the Agency’s financial and human resources so as to expand its policy research capacity.

In this respect, the Committee notes the observation made by the FKTU that the industrial accident reporting system has not been properly put in place due to a lack of publicity and interest from employers. The union also states that the analysis of industrial accidents based on the questionnaires has not been released, and that the KOSHA continues to suffer from a shortage of researchers which hinders timely delivery of research projects. According to the FKTU, the occupational disease evaluation monitoring system has not been functioning. The Committee notes the Government’s response that it has strengthened its promotion of the industrial accident reporting system. The Committee requests the Government to provide further information on the strengthening of mechanisms for the collection and analysis of data on occupational injuries and diseases, including measures to ensure the functioning of the occupational disease evaluation monitoring and industrial accident reporting systems.

Article 4(2)(b). Functions and responsibilities of the Government in respect of OSH. The Committee notes the Government’s indication, in response to its previous request, that the central safety management committee, which is chaired by the Prime Minister and comprises the Ministers of safety-related Ministries, is responsible for coordination between different Ministries. The Government indicates that other coordination meetings have been held, such as joint public–private meetings chaired by the Prime Minister. The Government also indicates that there has been a net increase in the number of KOSHA employees: by 98 in 2014, 40 in 2015 and 41 in 2016 respectively. The Committee notes this information.

Article 4(2)(c). Mechanisms for ensuring compliance. The Committee previously noted the Government’s indication that in the area of OSH, one industrial safety inspector was in charge of approximately 6,900 workplaces and 54,000 workers. The Committee notes the Government’s indication in response that, 21 more OSH inspectors had been recruited for the 2013–16 period. It also notes that the Ministry of Employment and Labour (MoEL) has been reinforcing OSH inspections through assigning inspectors with technical qualifications in natural sciences and engineering. With regard to the operation of the labour inspectorate, the Committee refers to its comments in 2019 concerning the application of the Labour Inspection Convention, 1947 (No. 81).

Article 4(2)(d). Cooperation between management, workers and their representatives. The Committee previously noted the FKTU’s observations that the majority of industrial accidents occur in SMEs with less than 50 workers and requested the Government to indicate the measures taken to ensure cooperation between management and workers and/or their representatives irrespective of the size of the business. The Committee takes due note of the Government’s indication in response that, following changes to the Enforcement Decree of the OSH Act, businesses with 50 employees or more in nine high-risk sectors are required to establish an OSH committee (previously this applied to workplaces with more than 100 workers), as are those with 300 or more employees in ten low risk sectors, and businesses with more than 12 billion South Korean won (KRW) in construction costs. Noting the Government’s report that more than 80 per cent of total accidents occur in workplaces with fewer than 50 workers, the Committee requests the Government to indicate the measures taken or envisaged to ensure cooperation between management and workers and/or their representatives in small enterprises. It also requests the Government to indicate any further measures taken or envisaged to strengthen cooperation between management and workers and/or their representatives in the context of the new OSH Act.

Article 4(3)(h). OSH in micro-enterprises, in small and medium-sized enterprises (SMEs) and in the informal economy. The Committee previously requested the Government to provide information on the measures taken to reinforce the responsibility of contractors vis-à-vis their subcontractors’ workers as well as initiatives aimed to improve OSH conditions in SMEs and in the informal economy. It notes the Government’s indication in response that the revision of the OSH Act and its enforcement regulations will expand employers’ obligations with respect to principal contractors, and will require workplaces with 50 workers to appoint a safety and health manager. The Committee also notes the targeted financial support and OSH technical support offered by the Government for firms with fewer than 50 employees (where most industrial accidents occur), including spending nearly 90 per cent of KOSHA’s programme expenditure supporting micro-businesses. The Committee also notes with interest the Government’s initiative to introduce targeted proactive inspections for businesses with fewer than 20 workers to prevent accidents, from which 500 businesses benefited in 2015. The Committee requests the Government to continue to provide information on the support mechanisms for improving OSH conditions in micro-enterprises, in small and medium-sized enterprises and in the informal economy and to provide information on the legislative provisions adopted expanding the obligations of employers with respect to contractors as the coverage of safety and health managers.

Article 5. National OSH programme. The Committee notes the Government’s indication that the 4th five-year Industrial Accident Prevention Plan (2015–19) was adopted through extensive consultation with employers’ and workers’ organizations as well as OSH experts, including the members of the Occupational Safety and Health Expert Committee and the Industrial Accident Compensation Insurance and Prevention Deliberation Committee under the terms of section 8 of the Industrial Accident Compensation Insurance Act. The Committee notes that this Plan includes specific action towards, among others: (i) strengthening principal contractors’ OSH responsibilities; (ii) expanding the scope of dangerous machinery and tools subject to OSH inspection and the establishment of an integrated information system; (iii) strengthening OSH support in the construction industry; (iv) reinforcing OSH governance through strengthened penalties; and (v) reinforcing the OSH education system. It notes that the Industrial Accident Prevention Plan (2015–19) sets a target of reducing the fatality rate per 10,000 workers from 0.71 per cent in 2013 to 0.30 per cent by 2019. The Committee requests the Government to provide information on the results achieved under the 2015–19 Industrial Accident Prevention Plan with regard to the targets and indicators of progress established. It requests the Government to provide information on the evaluation carried out of this Plan, in consultation with the social partners, and on how this evaluation contributes to the formulation of the Industrial Accident Prevention Plan for the subsequent period.

Application of the Convention in practice. The Committee requests the Government to continue to provide statistical data (disaggregated by gender, age, and type of industry) on the application of the Convention in practice, including the number, and the nature and cause of occupational accidents and diseases.

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

General observation of 2015. The Committee would like to draw the Government’s attention to its general observation of 2015 under this Convention, and in particular to the request for information contained in paragraph 30 thereof.

Article 1 of the Convention. Consultation with employers’ and workers’ representatives concerning the application of the Convention. With reference to its previous comments where it noted the observations of the Korean Confederation of Trade Unions (KCTU) concerning the legislation related to radiation and its application, and requested the Government to take the necessary measures to hold consultations with representatives of employers and workers on the issues raised by the KCTU, the Committee notes the statement of the Government in its report that it is willing to listen to the opinions of employers’ and workers’ representatives about matters on radiation safety and management. The Committee requests the Government to provide information on consultations with representatives of employers and workers held in this respect.

Articles 9, 10 and 12. Appropriate warnings, adequate instruction, notification and medical examinations. The Committee notes the information provided by the Government in reply to its previous comments concerning Article 9(1) of the Convention on appropriate warnings, Articles 9(2) and 12 on adequate instruction provided to workers and monitoring of health and Article 10 on notification of work involving exposure to radiation. The Committee requests the Government to continue to provide information on the application of these Articles in practice, as well as any further legislative developments in that regard.

Article 14. Discontinuation of assignment to work involving exposure to ionizing radiation pursuant to medical advice and alternative employment. The Committee notes the Government’s statement that, when health examinations show that exposed workers’ health is likely to deteriorate due to the particular work, their continued employment in that work should be prohibited or restricted in accordance with the doctor’s diagnosis. The Government refers in this regard to section 45 of the Occupational Safety and Health Act, which provides that employers shall, for persons with an occupational disease which could worsen due to work, prohibit and restrict the work according to the doctor’s diagnosis. In this respect, the Committee would like to draw the Government’s attention to paragraph 40 of its general observation of 2015 on the Convention, which states that if it is medically inadvisable to subject a worker to further exposure to ionizing radiations, reasonable efforts should be made to provide such a worker with suitable alternative employment. Noting that section 45 of the Occupational Safety and Health Act refers to persons with an occupational disease, the Committee requests the Government to indicate if this provision also applies to situations before an illness has been declared, but after it has been determined that it is medically inadvisable for a worker to be assigned work involving exposure to ionizing radiations. The Committee also invites the Government to provide information on any measures taken or envisaged related to the provision of alternative employment in circumstances for which it has been determined that workers, for health reasons, may no longer continue in employment in which they are or could be subject to occupational exposure to radiations.

Article 15. Inspection services. The Committee previously noted the statement of the Federation of Korean Trade Unions (FKTU) that there was insufficient guidance in this field, as labour inspectors of the Ministry of Employment and Labour focused on punishment rather than prevention. The KCTU indicated for its part hat the Nuclear Safety and Security Commission, responsible for matters relating to radiation, did not deal with the health and safety of workers handling radiation. The Government replied that in the case of workplaces exposed to radiation, labour inspectors focused on prevention activities. Further to its request for additional information on the prevention activities carried out by labour inspectors, the Committee notes the Government’s statement that it conducted safety and health inspections of 284 non-destructive testing businesses in 2013, and notes the information on the materials distributed to such businesses. The Committee requests the Government to continue to provide information on the activities of the inspection services related to the application of the Convention in practice, including the number of inspections undertaken, the number and nature of violations detected, and the measures taken to address such violations.

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Article 1(1) of the Convention. Periodic updating of the carcinogenic substances and agents which are prohibited or subject to authorization or control. In reply to the Committee’s previous comment, the Government indicates that it manages the classification of harmful agents, including carcinogenic substances and agents which are prohibited or subject to authorization or control, in accordance with section 39 of the Occupational Safety and Health Act (OSH Act). The Government adds that the frequency of assessments is not set out but that, since the adoption of the Regulation on the Harm and Hazard Assessment of Chemicals, No. 10 of 2011, which lay down, inter alia, the assessment methods and the committee operations, the assessment process has been conducted annually, and that carcinogenic substances and agents have been established according to the results thereof. It further indicates that in 2012, three carcinogenic substances have been made subject to special control and that a decision is expected on the classification of 19 carcinogenic substances which were assessed in 2013. The Committee requests the Government to provide further information on the manner in which carcinogenic substances and agents are periodically reviewed under Regulations No. 10 of 2011, explaining in particular the assessment methods. The Government is also requested to supply a copy of the abovementioned Regulation.

Article 2(1). Replacement of carcinogenic substances and agents. The Committee makes reference to its previous comment in which it noted the Government’s indication that the relevant regulations would be reviewed to introduce the obligation for employers to examine the possibility of replacing carcinogenic substances with less harmful ones. In its report, the Government indicates that since 2013, employers are required to conduct a hazard assessment, by virtue of section 41.2 of the OSH Act and section 11 of the Regulation on Workplace Hazard Assessment. The Committee however notes that section 41.2, on derogations to the drawing up of material safety data sheets for chemical substances, does not seem to give effect to this new obligation and that the text of the Regulation on Workplace Hazard Assessment has not been supplied. The Committee further notes the Government’s indication that it has assessed various raw materials, including carcinogenic substances and, on that basis, has ensured that measures to replace these substances are taken. The Committee wishes to draw the Government’s attention to Paragraph 4 of the Occupational Cancer Recommendation, 1974 (No. 147), which provides guidance on measures which should be taken by employers to replace carcinogenic substances and agents to which workers may be exposed in the course of their work by non-carcinogenic or less harmful substances or agents. The Committee requests the Government to provide further information on the measures taken to that effect, as required by Article 2(1) of the Convention, and to supply a copy of the Regulations on Workplace Hazard Assessment.

Article 5. Medical examinations of workers during the period of employment and thereafter. In reply to the Committee’s previous comment, the Government indicates that employers are required to conduct medical examinations for workers every six to 12 months. It adds that requirements for the issuance of health management pocketbooks have been relaxed for construction workers showing symptoms of asbestos-related diseases to allow them to undergo free special health examinations every year, regardless of their length of service. The Committee requests the Government to provide information on the measures taken or envisaged to supervise the state of health of workers who have been exposed to carcinogenic substances after the period of employment, in accordance with Article 5 of the Convention.

Application of the Convention in practice. The Committee takes note of the Government’s intention to select and carry out targeted inspection visits in workplaces with higher exposure levels among those handling substances subject to control, including carcinogenic substances. The Committee requests the Government to provide further information on the practical application of the Convention, including on the number of labour inspection visits conducted, the nature and number of violations detected and the sanctions imposed. With reference to its previous comment, the Committee also requests the Government to indicate the specific measures taken or envisaged to address the number of work-related diseases caused by carcinogenic substances and the results thereof.

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

The Committee notes the observations of the Federation of Korean Trade Unions (FKTU) and the Government’s reply thereto, both received with the Government’s report on 4 September 2014.

Article 4 of the Convention. National policy on safety in the use of chemicals at work. The Committee notes that in 2009, the Occupational Safety and Health Policy Deliberation Committee was disestablished and its functions absorbed by the Deliberation Committee on Industrial Accident Compensation Insurance and Prevention, set up by virtue of section 8 of the Industrial Accident Compensation Insurance Act. It also notes that an expert committee on occupational safety and health is to be established within this Deliberation Committee for the purposes of addressing safety and health issues in the field of chemical substances. The Committee requests the Government to provide further information on the composition, role and functions of the Deliberation Committee on Industrial Accident Compensation Insurance and Prevention and its expert committee, including information on measures taken to formulate, implement and periodically review a coherent national policy on safety in the use of chemicals at work, in consultation with the most representative organizations of employers and workers.

Article 7. Labelling and marking of chemical substances. Article 8. Chemical safety data sheets. Article 9. Responsibilities of suppliers. The Committee notes that, according to the FKTU, some businesses misuse section 41.2 of the Occupational Safety and Health Act, which allows for employers to not indicate, in the material safety data sheet they are required to draw up, and post in the workplace certain chemical substances which are considered trade and business secrets, and, under this pretext, do not provide information on harmful chemical substances to their workers. The FKTU calls for new regulations to restrict the withholding of information which is necessary to the protection of the workers’ health. In its report, the Government replies that such derogations are limited and eliminated through the strengthened implementation of the statutory requirements applicable. In this connection, the Government indicates that no derogation is granted for chemicals which might cause serious harm to the workers’ health and that information withheld only concerns the components and contents of chemical substances while information on risks and possible harm must always be included. The Committee requests the Government to provide further information on the application in practice of Articles 7, 8 and 9 of the Convention, in particular concerning the criteria applied to strike a balance between protection of business secrets and the need to ensure the safe use of chemical substances in the workplace as well as the obligations of employers in this regard.

Article 19. Responsibility of exporting States. In reply to the Committee’s previous comment, the Government indicates that the export of banned chemical substances is strictly prohibited and that information regarding any ban on manufacturing and use is made available to importing States in the material safety data sheets (MSDS) which must contain a specific mention in this regard. The Committee requests the Government to indicate whether MSDS must also contain the reasons for the total or partial prohibition of these chemical substances and to provide information on the manner in which MSDS are made available to importing States.

Application of the Convention in practice. The Committee notes the Government’s indication that in 2012, for the first time since the introduction of MSDS and warning labels, inspections were conducted in all undertakings subject to the relevant regulations and that such visits revealed a high rate of non-compliance. In 2012, labour inspectors carried out controls in 684 workplaces, detecting violations in 509 of them (74.4 per cent) and imposing 1,325 fines, while in 2013, 660 workplaces were inspected, revealing infringements to the regulations in 416 of them (63 per cent) and leading to the imposition of 784 fines. The Committee also notes the Government’s intention to remedy the situation through guidance to employers and continuing inspection visits. The Committee requests the Government to provide additional information on the types of infringements detected, on measures taken to address them and on the results obtained, and to continue to provide information on the application in practice of the Convention.

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

The Committee notes the observations of the Federation of Korean Trade Unions (FKTU) and the Government’s reply thereto, both received with the Government’s report on 4 September 2014.

Article 2(1) of the Convention. Continuous improvement of occupational safety and health (OSH) in consultation with the most representative organizations of employers and workers. The Committee notes the Government’s indication that for the purpose of improving and diversifying service delivery mechanisms through participation and collaboration, it has encouraged the participation of the private sector and redefined the roles of the Ministry of Employment and Labour (MOEL), the Korea Occupational Safety and Health Agency (KOSHA) and private institutions for occupational accidents prevention. The Committee also notes that the Government has implemented specific preventive programmes targeting 10,000 workplaces with high risk of large scale occupational accidents (large factories, construction sites) and has established health centres for workers employed in small-sized enterprises. The Committee requests the Government to continue to provide information on measures taken to promote the continuous improvement of OSH and the results thereof. The Government is also requested to provide information on the consultations held in this regard with the most representative organizations of employers and workers, as required by this Article of the Convention, and on their outcome.

Article 2(2). Taking into account the principles set out in relevant ILO instruments. In the absence of the Government’s reply on this point, the Committee again requests the Government to indicate how the principles set out in the relevant ILO instruments are taken into account.

Article 3(2). Promoting and advancing the right of workers to a safe and healthy environment. In reply to the Committee’s previous comment, the Government indicates that in 2012 the Economic and Social Development Commission set up the Industrial Accident Prevention System Advancement Committee which has already held 11 plenary sessions, six management meetings and two public interest committee meetings. Policies on the prevention of occupational accidents and measures to improve the system were discussed with particular focus on the types and sizes of undertakings where occupational accidents incidence rate is the highest. An agreement was signed in 2013 and implemented by the Government. The Committee requests the Government to provide further information on the work of the Industrial Accident Prevention System Advancement Committee and actions taken to implement its decisions as well as on any other actions taken at the national, regional and enterprise levels to promote and advance the rights of workers to a safe and healthy working environment.

Article 3(3). Measures to promote basic OSH principles and to develop a national preventative safety and health culture. The Committee notes that the Government has introduced a risk assessment system which allows employers and workers to autonomously identify and address the causes of accidents and diseases in their workplaces. In this regard, the Committee notes the observation made by the FKTU according to which the system creates no compliance incentives for employers as sanctions attached are not specific to it but fall under the general legislation. In its reply, the Government indicates that employers who do not comply with their duty to conduct a risk assessment of their working environment are liable to a fine. However, it recognizes that the system is still in the initial stage and that small businesses, where no safety and health manager has been designated, may encounter difficulties in fulfilling their duty. Furthermore, the Committee notes from the 2013 White Paper annexed to the report that the Government took measures to strengthen accident prevention in the construction sector, mostly through guidance and inspection, while fostering voluntary safety management in larger construction sites (for example, voluntary safety consulting and contractor–subcontractor cooperation programmes). Finally, the Government indicates that it implemented preventive measures targeting specific sectors such as the chemical industry and industrial sites. The Committee requests the Government to provide further information on the functioning and the implementation of the risk assessment system, including in small businesses, and on any other initiatives taken to promote basic OSH principles such as assessing occupational risks and combating them at the source and developing a national preventative safety and health culture.

Article 4(2)(b). Functions and responsibilities of the Government in respect of OSH. Further to its previous comment in which it took note of the Presidential Commission for Decentralization’s intention to transfer part of the duties of the MOEL relating to OSH to local governments, the Committee notes that the bill providing for the devolution, which had been tabled in the National Assembly, was never voted on and that no specific action had been engaged to proceed with this project. Furthermore, the Committee notes from the Government’s report that the MOEL, its 48 regional offices and the KOSHA implement and enforce the national policy on OSH. In its observations, the FKTU indicates that the number of KOSHA regional offices, currently at 27, is not sufficient and calls on the Government to ensure that KOSHA offices are established wherever a regional office is set up. In its reply, the Government indicates its intention to increase the number of KOSHA offices, in consultation with the relevant Government agencies so as to match the number of the MOEL regional offices. Moreover, the Committee notes that the Government has established policy coordination systems, such as the national policy coordination meeting and the safety policy coordination meeting, to ensure policy coordination and consultation between the different ministries in charge and public administration. The Committee requests the Government to provide further information on the functioning of the coordination and consultation system in place, including information on actors and stakeholders involved, frequency of meetings, work carried out, decisions adopted, etc., and to provide information on progress made towards increasing the number of KOSHA offices.

Article 4(2)(d). Cooperation between management, workers and their representatives. Further to its previous comment regarding the establishment of OSH committees in undertakings, the Committee notes the Government’s indication that such committees are to be set up in undertakings of 100 workers and more for six branches of activity considered as very harmful or hazardous or in undertakings of 300 workers and more in other branches of activity. In its observations, the FKTU alleges that by fixing this threshold, the Government ignores the reality of industrial accidents which occur at workplaces of less than 50 workers in approximately 80 per cent of cases. Referring to its direct request under the Occupational Safety and Health Convention, 1981 (No. 155), the Committee requests the Government to provide its comments in this respect and to indicate the measures, taken or envisaged, to ensure cooperation between management and workers and/or their representatives irrespective of the size of the business.

Article 4(3)(h). OSH in micro-enterprises, in small and medium-sized enterprises (SMEs) and in the informal economy. In reply to the Committee’s previous request, the Government indicates that the KOSHA and private specialized agencies for industrial accident prevention selected workplaces with high occupational accident or disease risk among small-sized enterprises with a view to providing technical support. Furthermore, the Government indicates that it has implemented a Clean Workplace Programme subsidizing OSH improvements in SMEs and construction sites. The Committee also takes note of the statistics provided by the Government concerning the number of workplaces which benefited from these programmes. In its observations, the FKTU points out to the fact that measures to prevent occupational accidents should address the issue raised by subcontracting. In its reply, the Government acknowledges the need to improve existing laws to ensure that contractors share more responsibility for the safety and health of workers of subcontracting firms. The Committee requests the Government to provide information on measures taken or envisaged to address this problem and reinforce the responsibility of contractors vis-à-vis their subcontractors’ workers and to continue to provide information on initiatives aimed to improve OSH conditions in SMEs and in the informal economy.

Article 5(2)(d). Objectives, targets and indicators of progress. Further to its previous comment, the Committee notes that the objective of the industrial accident prevention programme is to create safe and healthy workplaces with no risk of occupational accidents. It also notes that for 2014, the Government aims at reducing occupational accidents to 0.57 per cent (0.59 in 2013), and to 0.70 per 10,000 for fatal occupational accidents (0.71 in 2013), while targeting a 3 per cent decrease in occupational accidents occurring in high risk workplaces, compared to 2013. The Committee requests the Government to continue to provide information on the objectives, targets and indicators of progress established within the framework of the industrial accident prevention programme and on their periodical review, in consultation with the most representative organizations of employers and workers.

Application of the Convention in practice. The Committee takes note of the detailed statistics provided by the Government concerning the number of occupational accidents and diseases registered between 2010 and 2013. The Committee requests the Government to continue to provide statistical data on the number, nature and cause of occupational accidents and diseases and on labour inspection visits, contraventions detected and sanctions imposed.

[The Government is asked to reply in detail to the present comments in 2016.]

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Article 1 of the Convention. Scope of application. Further to its previous comment, the Committee takes note of the revised table 1 of the Enforcement Decree of the Occupational Safety and Health Act which, according to the Government, expands the scope of application of the national legislation giving effect to the Convention. The Committee requests the Government to indicate the reasons for the exclusion of the branches of economic activity listed under table 1, the manner in which the representative organizations of employers and workers concerned were consulted and the measures taken to give adequate protection to workers in the excluded branches as well as on any progress towards wider application of the relevant legislation.

Articles 4, 5(d) and 7. Formulating, implementing and periodically reviewing a coherent national policy in consultation with the social partners, in view of the situation in the country. In its previous comment, the Committee noted that the current national policy on occupational safety and health (OSH) is articulated in the Third Five-Year Plan for Industrial Prevention, adopted in 2010, and its implementation is supervised by the Deliberation Committee on Industrial Accident Compensation Insurance and Prevention. Regarding consultations held in this context, the Government indicates in its present report that the expert committee on OSH, set up within the abovementioned Deliberation Committee and comprising representatives of employers’ and workers’ organizations, convenes at least once a year to discuss occupational accident prevention and major policies. Furthermore, the Government indicates that comprehensive surveys on the working environment and working conditions have been conducted respectively every five and three years and that industrial accidents and diseases have been analysed with a view to evaluating the state of safety and health in the country and to setting out the order of priorities reflected in the policies. The Committee requests the Government to provide further information on the work of the expert committee on OSH and the Deliberation Committee on Industrial Accident Compensation Insurance and Prevention, with regard to the periodical review of the Five-Year Plan for Industrial Prevention, and on the results of the fact-finding surveys on working conditions and the working environment conducted as part of the reviewing process.

Articles 4 and 16. 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. The Committee notes the observation made by the Federation of Korean Trade Unions (FKTU) on the application of the Asbestos Convention, 1986 (No. 162), considering that it is related to this Convention. In its observation, the FKTU indicates that little effort is made to protect the workers’ health from exposure to asbestos contained in old buildings or materials and that provisions should be made to introduce into the Occupational Safety and Health Act (OSH Act) an obligation for employers to draw up a map reporting the presence of asbestos in the worksite, as already provided by the Asbestos Safety Management Act. The Committee takes note of the Government’s reply in which it recalls the obligations resting on employers to carry out investigations to detect asbestos and to remove and replace asbestos-containing materials. The Government adds that in view of the legislation in force, the adoption of new legislative provisions is unnecessary. The Committee recalls that, in applying Article 16, it is for the Government to provide for legislative or other provisions requiring employers to take the necessary actions to ensure that workplaces are safe and without risk to health. The Committee requests the Government to provide further information on the provisions concerning the obligation of employers in relation to safety measures in workplaces containing asbestos.

Articles 5(e) and 13. Right of workers to remove themselves from situations presenting imminent and serious danger and protection from disciplinary measures. The Committee notes the Government’s reference to section 26.3 of the OSH Act which protects workers from dismissal and other unfair treatment when they remove themselves from a situation which they have reasonable grounds to believe presents an imminent danger of industrial accident or disease. The Committee recalls its previous request for clarification regarding the conditions set out under section 26.2 of the OSH Act which provides that workers shall report any imminent risk to their immediate superior. In the absence of the Government’s reply to this point, the Committee again requests the Government to clarify whether under section 26.2 of the OSH Act, the right to removal of workers is subject to prior notification to their superior.

Article 9. System of inspection and adequate penalties. The Committee notes the Government’s indication that since 2012, it has adopted a new approach to labour inspection activities, shifting from corrective measures to the imposition of fines and penalties. It also takes note of the revision of the manual for OSH labour inspectors with a view to redefining the criteria for measures against violations and the types of inspection visits to be conducted. It further notes the statistical data provided by the Government showing the significant increase in the number of undertakings facing sanctions or judicial action between 2010 and 2013. Referring to its observations concerning the application of the Labour Inspection Convention, 1947 (No. 81), and the Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187), the Committee requests the Government to continue to provide information on the measures taken to strengthen its labour inspection system and to enforce the laws and regulations concerning OSH, through the imposition of adequate penalties, as well as on the results obtained.

Article 10. Provision of guidance to workers and employers. The Committee notes that the Government’s report refers to the duties of workers with regard to safety and health at the workplace but does not provide information on this matter. The Committee therefore reiterates its request for information on measures taken to provide guidance to employers and workers, as prescribed by this Article of the Convention.

Article 11(e). Annual and publication of information on the implementation of the national policy. The Committee takes note of the Government’s indication that information on employment and labour policies is published annually in the Employment and Labour White Paper. The Committee requests the Government to include a summary of the most recent White Paper in its next report.

Article 11(f). Knowledge and risk assessment. Further to its previous comment, the Committee notes from the Government’s report that the Occupational Safety and Health Research Institute continuously studies the harmfulness and hazardousness of chemical, biological, physical and ergonomic agents in the workplace as well as occupational accidents and diseases which may be caused by such agents. It also notes that the Institute has established a chronic inhalation toxicity test facility to evaluate the harmfulness of chronic exposure to low concentrations of dangerous agents. It further notes that the Government has initiated campaigns to address emerging occupational risks related to psychological factors and work-related stress. The Committee requests the Government to continue to provide information on the activities of the Occupational Safety and Health Research Institute aimed at examining potential hazards to the workers’ health.

Article 12(b). Responsibilities of designers, manufacturers, importers, etc. to make information available. The Committee notes the Government’s indication that employers using certain machinery and equipment are required to provide workers concerned with safety information (characteristics of the machines, occupational hazards, instructions for safe use). The Committee wishes to draw the Government’s attention to the fact that the scope of Article 12(b) is broader as it calls for the definition of obligations applying to “those who design, manufacture, import, provide or transfer machinery, equipment or substances for occupational use”. In this connection, the Committee refers to paragraphs 163–165 of its 2009 General Survey on occupational safety and health on the scope of this Article. The Committee requests the Government to indicate the measures, taken or envisaged, to ensure full compliance with Article 12(b) of the Convention.

Article 14. Including OSH at all levels of education and training. The Committee takes note of the many initiatives and programmes undertaken by the Government to promote and disseminate information on OSH culture in schools and specialized vocational high schools. It also notes that since 2011, the Government has provided training on basic safety and health measures to 708,046 workers and employers in the construction sector, targeting different groups such as safety and health management personnel or daily workers. The Committee also notes that the Government offers courses on safety and health in the workplace where micro-businesses face difficulties in providing their workers with such training. The Committee requests the Government to continue to provide information on the measures taken to give effect to this Article of the Convention.

Article 15. Arrangements for coordination and consultation with workers’ and employers’ representatives. The Government indicates that consultation with the social partners at the national level is ensured through the periodical meetings of the Deliberation Committee on Industrial Accident Compensation Insurance and Prevention and of its expert committee on OSH, which are tripartite bodies. Referring to its previous comment, the Committee recalls the Korea Employers Federation’s observation, according to which consultations with the social partners cannot be carried out effectively due to time constraints imposed by the Government. The Committee requests the Government to provide its comments in this respect and to supply information on any other measures taken or envisaged to give effect to this Article of the Convention.

Article 17. Collaboration between several employers present at the same workplace. The Committee notes the Government’s reiterated reference to section 29 of the OSH Act which sets out obligations concerning safety and health measures for employers engaged in a contractual relationship. The Committee again requests the Government to indicate how it is ensured that employers engaged in activities simultaneously at one workplace but who are not in a contractual relationship are required to collaborate in applying OSH measures.

Articles 19(b) and 20. Cooperation between management and workers and/or their representatives on OSH. Further to its previous comment, the Committee notes from the Government’s report that OSH committees are to be set up in undertakings of 100 workers and more for six branches of activity considered as very harmful or hazardous, or in undertakings of 300 workers and more in other branches of activity. The Committee requests the Government to indicate the measures taken or envisaged to ensure cooperation between management and workers and/or their representatives in undertakings which do not meet these thresholds.

Article 19(c) and (e). Arrangements at the level of the undertaking. While noting the Government’s reference to several provisions of the OSH Act concerning cooperation between the employer and workers and their representatives on OSH issues, the Committee notes that the Government does not provide a reply to its last comment. The Committee therefore reiterates its request for information on any measures taken with regard to the right of workers’ representatives to consult with their representative organizations (Article 19(c)) and to the right of workers to bring in outside experts when needed (Article 19(e)).

Article 21. OSH measures at no cost for the workers. Further to its previous comment, the Committee notes the Government’s indication that under section 6 of the OSH Act, workers observe OSH measures adopted by the employer without incurring any costs. However, the Committee notes that the text of the OSH Act made available in English does not contain any mention of this. The Committee requests the Government to clarify how it is ensured that OSH measures do not involve any expenditure for the workers.

Application of the Convention in practice. The Committee takes note of the detailed statistics provided by the Government on occupational injuries and on violations detected between 2010 and 2013. The Committee requests the Government to provide a general appreciation of the manner in which the Convention is applied in the country and to continue to supply statistical data on the number, nature and cause of accidents and occupational diseases reported and the number and nature of contraventions detected.

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

The Committee notes the observations of the Federation of Korean Trade Unions (FKTU) and the Government’s reply thereto, both received with the Government’s report on 4 September 2014, concerning the detection of asbestos at worksites. Noting that this Convention applies to the occupational exposure to asbestos, the Committee will examine this question in its comments on the application of the Occupational Safety and Health Convention, 1981 (No. 155).

Article 3 of the Convention. Periodical review of the national legislation. The Committee notes that the Occupational Safety and Health Policy Deliberation Committee was disestablished and its functions absorbed by the Deliberation Committee on Industrial Accident Compensation Insurance and Prevention, set up by virtue of section 8 of the Industrial Accident Compensation Insurance Act. It also notes that an expert committee on occupational safety and health (OSH), established within this Deliberation Committee, holds regular meetings during the year with the social partners with a view to reviewing and adjusting mid-term and long-term basic plans on occupational accident prevention and related major policies. The Committee requests the Government to provide information on any specific measures taken by this Committee to elaborate laws or regulations aimed at the prevention and control of, and protection of workers against, health hazards due to occupational exposure to asbestos.

Article 6(3). Procedures for dealing with emergency situations. In reply to the Committee’s last comment, the Government indicates that under section 482 of the Regulations on Occupational Safety and Health Standards, in workplaces manufacturing or using asbestos, employers shall elaborate specific emergency procedures and inform workers. It adds that by virtue of section 19 of the Act on Occupational Safety and Health (OSH Act), regulations on safety and health management shall be discussed and adopted by OSH committees established in undertakings or in their absence, by agreement between the employer and workers’ representatives. The Committee requests the Government to supply a copy of the Regulations on Occupational Safety and Health Standards.

Articles 10 and 12. Prohibition of the use of asbestos. In reply to the Committee’s previous comment, the Government indicates that spraying of all forms of asbestos is prohibited. With regard to the regulation of the use of asbestos, it indicates that specific uses of asbestos (for instance gasket material containing asbestos) are permitted in the chemical industry. The Government also refers to technical measures to reduce exposure to asbestos in workplaces, established under sections 477 and 497(3) of the Regulations on Occupational Safety and Health Standards. The Committee requests the Government to indicate the specific provisions under which the spraying of asbestos is prohibited and to supply a copy of the Notification on the prohibition of manufacture, import, transfer, supply and use of asbestos-containing products, referred to in the Government’s report. The Committee also requests the Government to provide information on the type and duration of derogations granted in the chemical industry and on any measures, taken or envisaged, aimed to replace asbestos or products containing asbestos with harmless or less harmful products, as prescribed by Article 10(a) of the Convention.

Article 13. Notification of certain types of work involving exposure to asbestos. Further to its previous comment requesting information on types of work involving exposure to asbestos, other than the dismantlement and removal of asbestos from buildings where notification to the competent authority is required and the type of information that is to be supplied in such notifications, the Committee notes the additional information provided by the Government concerning the notification of works of dismantlement and removal of buildings with asbestos-containing material. In the absence of the Government’s reply on this point, the Committee once again requests the Government to provide information on any other types of work involving exposure to asbestos where notification to the competent authority is required.

Articles 17 and 19. Demolition and removal of asbestos and disposal of waste containing asbestos. In its report, the Government indicates that employers are required to draw up a plan on asbestos removal and to inform workers of the content of this plan. It also mentions several measures aimed at protecting workers from exposure to asbestos at worksites. The Committee however notes that the Government did not attach the legislative and regulatory texts to which it refers in its report. In order to evaluate the effect given by these texts to Articles 17 and 19 of the Convention, the Committee requests the Government to provide a copy of the Enforcement Regulation of the Act, the Asbestos Safety Management Act and the Waste Control Act.

Article 18. Work clothing and special protective clothing. Further to its previous comment in which it took note of the duties of supervisors concerning the provision of personal protective equipment, the Committee notes the Government’s indication that pursuant to section 33 of the Regulations on Occupational Safety and Health Standards, employers are required to frequently inspect, repair or replace and manage protective equipment. The Committee requests the Government to provide additional information on the measures taken to ensure the full application of Article 18 of the Convention, particularly in relation to measures regarding the storage, cleaning and maintenance of protective clothing, the prohibition on workers taking it home and the handling and cleaning of used protective clothing by the employer.

Article 20(4). Right to request monitoring of the working environment and right to appeal to the competent authority concerning results. In its report, the Government indicates that workers are entitled to report violations of the OSH Act and its regulations to the Minister of Employment and Labour or labour inspectors. The Committee recalls that under the Convention, the right of workers or their representatives to request monitoring of the working environment and the right to appeal to the competent authority concerning the results thereof are not conditional on the existence of a violation. The Committee therefore requests the Government to take the necessary measures to ensure these rights, in law and in practice, as provided under Article 20(4) of the Convention.

Article 21. Medical examinations after termination of employment and maintenance of income for workers whose health is at risk. The Committee notes that under the national legislation, workers exposed to asbestos are provided with a health management pocketbook and undergo medical examinations every year. In this connection, the Committee also notes the Government’s indication, provided in its report under the Occupational Cancer Convention, 1974 (No. 139), that requirements for the issuance of health management pocketbooks have been relaxed for construction workers showing symptoms of asbestos-related diseases. Moreover, the Committee notes from the Government’s report that workers who have developed an occupational disease are granted wage replacement benefits under the Industrial Accident Compensation Insurance Act. The Committee requests the Government to indicate whether workers who have been exposed to asbestos during the course of their employment are provided with medical examinations after termination of employment and to provide further information on alternative incomes received by workers declared unfit for work.

Article 22(3). Written policies and procedures. With reference to its previous comment, the Committee notes the Government’s indication that pursuant to section 20 of the OSH Act and section 26 of the Enforcement Regulation of the Act, employers are required to elaborate regulations on safety and health education. The Committee requests the Government to indicate whether these regulations shall also include specific measures for the education and training of workers on asbestos hazards and methods of prevention and control.

Application of the Convention in practice. The Committee notes the statistical data provided by the Government concerning the number of workers who have been recognized as having asbestos-related occupational diseases between 2000 and 2013. The Committee notes that there has been a total of 169 people who have contracted occupational diseases due to asbestos during this period, and that in general the number of persons so identified has increased each year. There is no statistical information on the number of workers exposed to asbestos. The Committee requests the Government to continue to provide information on the practical application of the Convention, including statistics on the number of workers exposed to asbestos in their workplace, the number, nature and cause of occupational diseases reported and the activities carried out by the labour inspection services to enforce the relevant legislation.

Observation (CEACR) - adopted 2014, published 104th ILC session (2015)

The Committee notes the observations of the Federation of Korean Trade Unions (FKTU) and the Government’s reply thereto, both received with the Government’s report on 4 September 2014.

Article 4(2)(c) of the Convention. Mechanisms for ensuring compliance. Further to its previous observation, the Committee notes the Government’s indication that the number of industrial safety inspectors has continuously increased in the past five years. The Committee also notes that, according to the FKTU, the number of industrial safety inspectors, approximately 300, is clearly insufficient to prevent industrial accidents in the country and that employers are less motivated to comply with their duties due the scarcity of inspection personnel. The FKTU calls on the Government to hire more industrial safety inspectors with expertise. In its reply, the Government acknowledges the shortage of labour inspection personnel and indicates that currently, one industrial safety inspector is in charge of approximately 6,900 workplaces and 54,000 workers. It also mentions that, in 2013, a reorganization plan was carried out by the Ministry of Employment and Labour which led to the assignment of 35 inspectors to workplaces with high accident rates. Finally, the Government indicates its intention to address this issue in collaboration with the competent administration. Keeping in mind its observation concerning the application of the Labour Inspection Convention, 1947 (No. 81), the Committee requests the Government to take all the necessary measures to strengthen its labour inspection system in particular with respect to the effective implementation of occupational health and safety standards. The Government is also requested to provide information on such measures and on the results achieved.

The Committee is raising other matters in a request addressed directly to the Government.

[The Government is asked to reply in detail to the present comments in 2016.]

Observation (CEACR) - adopted 2013, published 103rd ILC session (2014)

The Committee notes the detailed information provided by the Government in its 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 thereto, annexed to the Government’s report. It also notes the observations of the Korean Confederation of Trade Unions (KCTU) received on 31 August 2013 and the Government’s reply dated 25 October 2013.

Article I and Part II of the Convention. Legislation. Consultation with employers’ and workers’ representatives concerning the application of the Convention. Monitoring mechanism of radiation in workplaces. Protective measures. The Committee notes that, in its observations, the KCTU underlines a number of problems regarding the legislation and the government monitoring mechanism of radiation in workplaces. In particular, the KCTU indicates that: the various radiation-related laws are not integrated; many ministries are responsible for this issue; safety measures, such as providing dosimeters in accordance with the Act on Nuclear Power, are applied only in approved workplaces and there are no provisions in the Occupational Safety and Health Act (OSH Act) which covers every workplace; and safety standards, such as maintaining a safe distance, preventive measures in case of radiation leakage, the provision of a dosimeter, etc. are not adequate. The KCTU adds that workers are inadequately informed of the harmful effects of radiation and that legislative provisions on health check-ups are inadequately applied in most workplaces. Furthermore, the KCTU indicates that the Nuclear Safety and Security Commission, responsible for all matters relating to radiation, does not deal with the health and safety of workers handling radiation and only inspects workplaces which have obtained permission to handle radiation. According to the KCTU, this represents only 1,000 of the 5,000 such workplaces reported to the Commission. Finally, the KCTU observes that, while the Act on Nuclear Power provides that only workers with a licence or national technical qualification can handle radioactive materials, many non-qualified workers handle radiation. Consequently, the KCTU seeks the unification of radiation-related laws and the strengthening of management and supervision, in addition to the tightening of safety measures related to radiation.

The Committee notes the Government’s indication in its reply that the Nuclear Safety Act, applied by the Nuclear Safety and Security Commission, provides for many measures protecting the health of workers engaged in various types of radiation work, notably by providing for health examinations and the measurement of radiation doses. The Government also indicates that the Occupational Safety and Health Act was recently amended to make it mandatory for workplaces handling radiation to provide their workers with special safety and health education relating to the harmful effects of radiation. With regard to health check-ups for workers, the Government specifies that it provides guidance and conducts inspections to ensure that workplaces conduct such check-ups for workers engaged in radiation work. The Government also points out that workplaces intending to handle radioactive isotopes should obtain permission from, or make a report to the Nuclear Safety and Security Commission, which then selects from among the high-risk workplaces and makes occasional or regular inspections of them. Finally, the Government adds that the Nuclear Safety Act permits only those who have obtained a license from the Nuclear Safety and Security Commission, are radiation management engineers, or have completed the required training and are under the direction of a qualified person, to perform radiation work. The Committee requests the Government to take the necessary measures to hold consultations with representatives of employers and workers on the issues raised by the KCTU, and to provide information on the outcome of such consultations. The Committee also asks the Government to continue to provide information on the measures taken or envisaged to ensure that the protective measures provided for in Part II of the Convention are implemented in practice.

Article 9. Appropriate warnings and adequate instruction for workers. The Committee notes that the Government’s report does not provide information on the measures taken to give effect to this Article of the Convention. With regard to the adequate instruction of workers directly engaged in radiation work, the Committee draws the Government’s attention to section 2.4 of the 1986 ILO code of practice on the radiation protection of workers, which contains general principles for informing, instructing and training workers. The Government is requested to indicate the measures taken or envisaged to give effect to this Article and to ensure that workers are adequately instructed in the precautions to be taken for their protection in conformity with Article 9(2) of the Convention.

Article 10. Notification of work involving exposure of workers to ionizing radiations. The Committee notes that the Government’s report does not provide information on laws or regulations requiring the notification of work involving exposure of workers to ionizing radiation and radioactive substances in the course of their work. The Committee asks the Government to indicate if any laws or regulations require notification and to indicate the measures taken or envisaged to give effect to this Article of the Convention.

Article 14. Continued employment of exposed workers and the provision of alternative employment. The Committee notes that the report does not contain information on the application of this provision. It invites the Government to take into account the terms of paragraphs 28–34 and 35(d) of its 1992 general observation on the Convention which, inter alia, refer to the need to find appropriate alternative employment for workers whose continued employment in a particular job is contraindicated for health reasons. The Committee requests the Government to indicate the measures taken or envisaged to ensure that full effect is given to this Article of the Convention and to provide information on the account taken of the needs of workers whose continued employment in a particular job is contraindicated for health reasons.

Article 15. Inspection services. The Committee notes that, in its observations, the FKTU indicates that while the local employment and labour offices of the Ministry of Employment and Labour should conduct frequent inspections to determine whether employers are fulfilling their obligation to take measures to prevent health hazards caused by radiation to workers, the reality is that there is insufficient guidance and inspection, as labour inspectors focus on punishment rather than prevention. The Committee notes that, in its response, the Government indicates that in the case of workplaces exposed to radiation, labour inspectors focus on prevention activities, such as conducting inspections and providing education and technical materials. The Committee asks the Government to provide further details on the prevention activities carried out by labour inspectors in relation to the application of the Convention.

Part V of the report form. Application in practice. The Committee asks the Government to provide a general appreciation of the manner in which the Convention is applied in the country, including information on any practical difficulties in the application of the Convention.

Observation (CEACR) - adopted 2013, published 103rd ILC session (2014)

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.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

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.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

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.

Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes the Government’s first report including the legislative texts attached. The Committee also notes the comments by the Korea Employers Federation (KEF) and the Federation of Korean Trade Unions (FKTU) attached to the Government’s report. The Committee further notes the comments transmitted by the Korean Confederation of Trade Unions (KCTU) on 27 August 2010 and the Government’s response thereto submitted on 28 October 2010.

Article 1 of the Convention. Scope of application. The Committee notes the information provided by the Government regarding the effect given to the Convention, inter alia, through the Occupational Safety and Health Act No. 4220 of 13 January 1990 (as amended until 4 June 2010) (OSH Act), its Enforcement Decree and related regulations. The Enforcement Decree has not been made available to the Committee. The Committee notes that the OSH Act applies to all businesses, workplaces and workers; however, the Government indicates that, by virtue of the Enforcement Decree, certain businesses, workplaces and workers, listed in table 1 to the Enforcement Decree, have been excluded from certain provisions of the OSH Act. As noted by the FKTU, the Government has not provided any information on progress towards a wider application of the Convention. The Government is requested to provide further information on measures taken to give effect to this provision of the Convention and to make available a copy of the Enforcement Decree to the OSH Act including, its table 1.

Article 4(1). Formulating, implementing and periodically reviewing a coherent national policy in consultation with the most representative organizations of employers and workers. Article 5(d). Communication and cooperation. The Committee notes the information provided that the current national policy, as articulated in the Third Five-Year Plan for Industrial Prevention, was established following a meeting in April 2010 to gather opinions from workers’ and employers’ representatives. The Committee also notes that the Government periodically checks the implementation of each task in this plan through expert committees under the Deliberation Committee on Industrial Accident Compensation Insurance and Prevention, including, employers, workers and public interest members, and that this Deliberation Committee is tasked with the consideration and coordination of mid- and long-term basic OSH plans on industrial accident prevention and major policies. The Government also refers to the Deliberation Committee in the context of the application of Article 5(d). The Committee notes, however, that, according to the FKTU, the referenced expert committees have not been set up. In this context, the Committee would like to refer the Government to paragraph 49 of the 2009 General Survey on occupational safety and health, in which it is stated as follows: “The social partners are thus to be involved in all stages of the national policy-making process. It should be underscored that the wording in Article 4(1) … refers to action to be taken in consultation with representative organizations of employers and workers, as opposed to after consultation with, as often provided for in other ILO Conventions. As indicated in the preparatory work [of Convention No. 155] this implied an obligation not merely to consult once but to have a continuing dialogue as necessary. It also implied that this obligation did not affect the authority of the member States, as the case may be, its legislature, to take the final decision.” Against this background, and in light of the comment from the FKTU, the Committee requests the Government to provide further information on how the consultations are carried out with the most representative organizations of employers and workers as prescribed in the Convention including, in particular, in Articles 4(1) and 5(e).

Article 9(2). Adequate penalties. The Committee notes the information provided by the Government regarding functioning of the labour inspectorate and the penalties that can be imposed pursuant to Chapter IX of the OSH Act. The Committee also notes that, according to the KCTU, the Government is not applying these provisions properly, and that the inspectorates mainly impose corrective orders rather than fines, although the latter have a stronger preventive effect. The KCTU refers to statistics from 2007 indicating that, in 96.2 per cent of all cases, only corrective orders were issued including two specific cases with further details where, according to the KCTU, the orders were ignored which in both cases resulted in the death of a worker. The Committee notes the Government’s response that the main purpose of sanctions is not to punish employers but to prevent accidents and, in any event, it does not only issue corrective orders, but also takes the proper administrative and judicial actions, such as suspension of the use of machines, suspension of work, imposition of fines, prosecution, etc. While not disputing the statistics referred to by the FKTU, the Government indicates that, according to section 15 of the code of practice for occupational safety and health inspectors (Order No. 703 of the Minister of Employment and Labour, 31 July 2009), a correction order is used as a punishment for minor violations in accordance with specified criteria and this sanction can accomplish its purpose without excessively limiting the rights of those subject thereto. The Committee also notes that, according to the Government’s report, it introduced in May 2007 a reliability assessment system to assess the accuracy and precision of the results monitoring of the work environment. In this respect, the Committee notes that the FKTU states that no reliability assessment was conducted until the end of July 2010. The Committee requests the Government to provide further information on measures taken to give effect to the present Article, with reference to the comments by the KCTU and the FKTU.

Article 10. Provision of guidance to workers and employers. The Committee notes the information provided by the Government that, in 2008 and 2009 respectively, a total of 35,325 and 30,772 workplaces were provided with “guidance and inspection”. The Committee also notes that, according to the KEF, the Government should also ensure that guidance is provided to workers so as to ensure their compliance with legal obligations. The Committee requests the Government to provide further information on measures taken to give effect to the present Article, with reference to the comment by the KEF.

Article 14. Including OSH at all levels of education and training. The Committee notes the reference made by the Government to education materials distributed in schools to promote safety culture. The Committee also notes the comments by the FKTU that this Article also requires the Government to take measures so as to promote the provision of information to meet the training needs of workers. The Committee requests the Government to provide further information on measures taken to give effect to the present Article, with reference to the comment by the FKTU.

Article 15. Arrangements for coordination and consultations with workers’ and employer’s representatives. The Committee notes the information provided  by the Government that the Ministry of Employment and Labour coordinates the activities of various authorities and bodies at the national level and that it consults with workers’ and employers’ representatives on occupational safety and health legislation. The Committee also notes the comments by the KEF that the referenced consultations with the most representative organizations of employers and workers cannot be carried out effectively due to time constraints imposed by the Government. The Committee requests the Government to provide further information on measures taken to give effect to the present Article, with reference to the comment by the KEF.

The Committee is raising other points in a request addressed directly to the Government.

Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

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.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes the detailed information provided by the Government in its first report, and notes the Government’s indication that an Occupational Safety and Health Policy Deliberative Committee will be established to deliberate and coordinate comprehensively the basic plan on affairs of occupational safety and health. The Committee asks the Government to provide further information on the composition and functions of the abovementioned Committee, with particular reference to the development of laws to give further effect to this Convention, and to supply copies of the relevant legislation referred to by the Government in its report.

Article 6, paragraph 3, of the Convention. Procedures for dealing with emergency situations. The Committee notes the information indicating that under section 12 of the Occupational Safety and Health Act (OSH Act), the employer is required to display guidance measures for procedures in an emergency. The Committee asks the Government to provide further information on the specific procedures required for dealing with emergency situations with regards to asbestos, and to specify measures ensuring that such procedures are prepared after consultation with workers’ representatives.

Articles 10 and 12. Prohibition and regulations on the use of asbestos. The Committee notes the information provided by the Government indicating the hazardous substances prohibited under section 37 of the OSH Act. The Committee asks the Government to provide further information on the measures to protect the health of workers exposed to asbestos, and measures, in law and in practice, to prohibit the spraying of all forms of asbestos.

Article 13. Notification of certain types of work involving exposure to asbestos. The Committee notes the information provided by the Government indicating the requirement to notify the competent authority with regard to dismantlement and removal of buildings with asbestos-containing materials. The Committee asks the Government to provide further information on other types of work involving exposure to asbestos, where notification to the competent authority is required and the type of information that is to be supplied in such notifications, having regard to Paragraph 13(2) of the Asbestos Recommendation, 1986 (No. 172).

Articles 17 and 19 of the Convention. Demolition and removal of asbestos, and disposal of waste containing asbestos. The Committee notes that, pursuant to section 47 of the OSH Act, the employer shall not allow any person other than those who have the qualification, licence, experience or skill required for the work, to perform hazardous or dangerous work. The Committee requests the Government to provide further information on the measures taken or envisaged to ensure that the demolition and removal of asbestos shall only be carried out by qualified employers or contractors (Article 17(1)). The Committee also asks the Government to provide information on whether the workplan, required under section 48 of the OSH Act, provides measures for disposal of waste containing asbestos (Article 17(2)(c)) and whether workers, or their representatives, are required to be consulted on the abovementioned workplan (Article 17(3)). The Committee also asks the Government to indicate whether employers are required to dispose of waste containing asbestos in a manner that does not pose a health risk to workers, and to prevent pollution of the general environment by asbestos dust released from the workplace (Article 19).

Article 18. Work clothing and special protective clothing. The Committee notes the information indicating that work carried out by a supervisor, pursuant to section 14(3) of the OSH Act, shall include checking work clothes, personal protective equipment and protective devices of workers belonging to the supervisor; and information and instructions on wearing and use of such equipment (section 10 of the Enforcement Decree). The Committee requests the Government to provide further information on the measures taken or envisaged to ensure that effect is given to all the requirements of Article 18, on the provision and maintenance of appropriate work clothing.

Article 20, paragraph 2. Period for keeping of records. The Committee notes that according to national law and practice the records of the monitoring of the working environment and of the exposure of workers to asbestos shall be kept for 30 years. The Committee requests the Government to keep the Committee informed of any changes in these requirements, in particular of any decisions to lengthen this period, taking into account the latency period for asbestos related diseases. 

Article 20, paragraph 4. Right to request monitoring of the working environment, and to appeal to the competent authority concerning results. The Committee notes the information provided by the Government indicating that, pursuant to section 42 of the OSH Act, an employer should have a qualified person monitor the working environment to measure asbestos concentrations in workplaces handling asbestos; record and keep the results of the monitoring; and report them to the Minister of Labour. The Committee requests the Government to provide further information on the measures taken or envisaged to ensure that workers, or their representatives, have the right to request monitoring of the working environment and to appeal to the competent authority concerning the results of such monitoring.

Article 21. Medical examinations after termination of employment, and maintenance of income for workers whose health is at risk. The Committee notes that with respect to a person who is affected by an infectious or mental disease, or a disease which might grow worse due to work, and which is prescribed by the Ordinance of the Ministry of Labour, the employer shall prohibit or restrict the work according to the diagnosis of the doctor (section 45 of the OSH Act). The Committee requests the Government to indicate whether workers are required to undergo medical examinations after the termination of their employment in work exposing them to asbestos; and to provide further information on the measures taken or envisaged to ensure that workers excluded, definitively or temporarily, from work involving exposure to asbestos, where there is a risk to their health, are offered alternative employment or other measures for maintaining their income.

Article 22, paragraph 3. Written policies and procedures. The Committee notes the information provided by the Government indicating the requirement that an employer provide safety and health education periodically to workers, and special education to workers handling asbestos. The Committee asks the Government to indicate whether employers are required to have written policies and procedures on measures for the education and periodical training of workers on asbestos hazards, and methods of prevention and control.

Part V of the report form. Application in practice. The Committee notes the information provided by the Government indicating that since 2000, a total of 86 people have been recognized as having asbestos-related occupational diseases: 48 from lung cancer, 27 from malignant mesothelioma, and 11 from other diseases including asbestosis. The Committee further notes that the number of cases has steadily increased since 2000. The Committee requests the Government to continue to provide practical information on the application of the Convention and, where possible, 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 occupational diseases reported.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes the response provided by the Government in its latest report, including information on the relevant laws and standards, and the responsibilities of the Occupational Safety and Health Policy Deliberation Committee, which together make up the Government’s national policy on safety in the use of chemicals at work, as required by Article 4 of the Convention. The Committee also notes the information provided by the Government on standards for the classification of chemicals, giving further effect to Article 6, and the information provided on the records of the monitoring of the work environment, giving further effect to Article 12(d). The Committee asks the Government to continue to provide information on measures undertaken with regards to the Convention, including information on the work done by the above committee.

Article 19. Responsibility of exporting States. The Committee notes the Government’s response indicating that pursuant to section 37 of the OSH Act, no person should manufacture, import, transfer, offer or use the 64 types of substances which are recognized as especially harmful to workers’ health, and that there is no exception to this ban on exporting these products. The Committee asks the Government to provide further information on measures taken or envisaged to ensure that the exportation of any hazardous chemicals for which all or some uses are prohibited for reasons of safety and health at work, outside of the 64 types of substances recognized under section 37 of the OSH Act, is communicated to any importing country.

Part V of the report form. Application in practice. The Committee notes the Government’s statement that statistics on the number of workers covered by measures giving effect to the Convention do not exist. The Committee asks the Government to give a general appreciation of the manner in which the Convention is applied in the country and attach extracts from inspection reports, information on the number and nature of the contraventions reported, and the number, nature and cause of accidents reported.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

1. The Committee notes the detailed information contained in the Government’s first report and notes that the Industrial Safety and Health Act No. 3532 of 31 December 1981, the enforcement decree of the Industrial Safety and Health Act No. 10889 of 9 August 1982, and the enforcement regulations of the Industrial Safety and Health Act No. 17 of 29 October 1982, ensure the legislative conformity with a majority of the provisions of the Convention.

2. Article 4 of the Convention. National policy. The Committee notes that the Government refers to national legislation and guidelines in implementing this Article of the Convention concerning the formulation, implementation and periodical review of a coherent policy on safety in the use of chemicals at work. The Committee requests the Government to provide additional information in its next report on the national policy that was formulated on safety in the use of chemicals at work and the measures taken or envisaged to review it periodically.

3. Article 6. Classification systems. The Committee notes the Government’s reference to the classification systems based on the International Maritime Goods Code (IMDG) and Dangerous Goods Regulations (DGE) on the transport of dangerous goods and that the United Nations Recommendation on transport of dangerous goods is taken into account, the latter currently being revised using the classifications developed within the United Nations Globally Harmonized System of Classification and Labelling of Chemicals (see http://www.unece.org/ trans/danger/publi/ghs/ghs_welcome_e.htm.). The Committee requests the Government to provide information on the measures taken to revise the classifications of chemicals.

4. Article 12. Monitoring exposure. The Committee notes that section 42(1) of the Industrial Safety and Health Act provides that employers monitor the work environment and record the results of such monitoring. The Committee requests the Government to provide additional information on measures taken to ensure that employers monitor and record workers’ exposure to hazardous chemicals and the time period for keeping such records.

5. Article 19. Responsibility of exporting States. The Committee requests the Government to provide information on measures taken or envisaged to ensure that, if and when hazardous chemicals that are prohibited for reasons of safety and health at work are exported, this information is communicated to the importing country.

6. Parts III and V of the report form. Practical application of the Convention and decisions by courts or tribunals. The Committee requests the Government to provide additional information in its next report on the practical application of the Convention, such as extracts from inspection reports and, where such statistics exist, information on the numbers of workers covered by the measures giving effect to the Convention, disaggregated by gender, if possible. It also asks the Government to provide information on whether any court of law or other tribunal have given decisions involving questions of principle relating to the application of the Convention, as well as any other information that would enable the Committee to better appreciate the application in practice of the Convention.