Demande directe (CEACR) - adoptée 2019, publiée 109ème session CIT (2021)

Convention (n° 187) sur le cadre promotionnel pour la sécurité et la santé au travail, 2006 - République de Corée (Ratification: 2008)

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.