Demande directe (CEACR) - adoptée 2014, publiée 104ème session CIT (2015)

Convention (n° 155) sur la sécurité et la santé des travailleurs, 1981 - République de Corée (Ratification: 2008)

Autre commentaire sur C155

Observation

2010

Demande directe

2014
2010

Afficher en : Francais - EspagnolTout voir

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.