The amendments to Korea’s Occupational Safety and Health Act (OSHA) concerning outsourcing hazardous work were passed by the National Assembly on 7 May and promulgated on 12 June, 2013.
The Korea OSHA ensures proper compliance with workers’ health and safety in workplace. The new requirements will impose greater responsibility on companies outsourcing hazardous work to subcontractors, which is expected to greatly improve workplace safety management. The main features of the amendments are as follows,
1. Companies which outsource hazardous work will be obligated to provide hazard information to their contractors, as well as the precautions and safety measures. If not, an imprisonment up to one year or a fine up to 10 million won will be imposed. The principal contractors take no action to correct violations committed by the contractors will be fined up to 5 million won.
2. Besides the designation of safety and health personnel, the employers should be responsible for the supervision on the work of safety and health personnel. If the safety and health personnel found misbehaved, the employer will be fined up to 5 million won.
3. The scope of people obligated to receive safety certification for hazardous machines, instruments, equipment, etc., will be expanded to cover both the manufacturers and importers. The protective measures, such as putting a cover, protective net, fence, etc., on or around dangerous parts, will be taken for currently six kinds of machines and instruments.
4. The legal ground will be established allowing constructors to request to change the design of a temporary structure if it is deemed to pose a high risk of accident
5. A new system will be introduced allowing the government to order manufacturers, importers or users of chemicals to carry out investigations on the hazard of chemicals. Necessary measures should be taken to prevent works from such hazards.
The provisions prescribing employers' responsibility for supervising the work of safety or health personnel, etc., will take effect on the date of promulgation, while the other amendments will come into force nine months after the promulgation.
