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

Occupational Cancer Convention, 1974 (No. 139) - Republic of Korea (Ratification: 2011)

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.