Mandatory Requirements under the Industrial Safety and Health Act... Operating Procedures and Best Practices
"Key Organization for Worker Participation... Expected to Revitalize"
Around 4 p.m. on the 11th, a structural collapse occurred at a high-rise apartment under construction in Hwajeong-dong, Seo-gu, Gwangju. Scene immediately after the accident. (Image source=Yonhap News)
[Sejong=Asia Economy Reporter Moon Chaeseok] With the enforcement of the Serious Accident Punishment Act just 14 days away, the government announced on the 13th that it will distribute the 'Industrial Safety and Health Committee Formation and Operation Manual' for companies with 50 or more employees, which are subject to the law. The committee is a mandatory organization that must be established in workplaces with 50, 100, or 300 or more employees under the Industrial Safety and Health Act.
The Ministry of Employment and Labor explained that if the company's committee deliberates and resolves safety and health matters, it is considered that the opinions of workers have been heard. Under the Serious Accident Punishment Act, management officials are required to listen to workers' opinions and prepare necessary improvement measures to prevent accidents. If this obligation is violated and a serious industrial accident occurs causing death or injury to workers, the management official may be sentenced to imprisonment after investigation. Kwon Kisub, head of the Industrial Safety and Health Bureau at the Ministry of Employment and Labor, advised, "When verifying whether the management has established and implemented a safety and health management system as required by the Serious Accident Punishment Act, whether workers' opinions were heard through the committee will be an important factor in judgment."
According to the Ministry of Employment and Labor, the operation of the committee is currently left to labor-management autonomy, so the operation forms vary by company. The ministry reported cases where the management only guaranteed the meeting time but did not provide time for agenda preparation and opinion collection, making it difficult to form a substantive committee. This is why the manual organizes the committee's composition and operation procedures, various forms and guidelines, best practices, and major questions and answers from labor and management.
The manual proposes ▲ sharing a concrete vision and role of the committee between labor and management ▲ recommending the formation of a working-level meeting ▲ ensuring participation of labor and management representatives to strengthen representativeness as a decision-making body ▲ guaranteeing paid activity time for committee members and establishing written regulations ▲ regularly evaluating the operation status and improving deficiencies.
Additionally, from next month, the Ministry of Employment and Labor and the Korea Occupational Safety and Health Agency plan to establish and operate a 'Basic Training Course for Labor and Management Committee Members of the Industrial Safety and Health Committee.' This course will mainly cover the Industrial Safety and Health Act system and major amendments, understanding of the Serious Accident Punishment Act, and safety and health management systems. By securing an educational course for labor and management committee members, they aim to enhance safety and health expertise in the field.
Director Kwon urged, "Management officials should establish a safety management policy presenting a firm vision, and actively utilize the manual to set up opinion collection procedures and necessary safety and health measures so that all working people, including workers, special employment workers (SEWs), subcontractors, and those in employment relationships with subcontractors, can be protected."
The Ministry of Employment and Labor plans to post the manual on its website. It will actively guide industrial sites through local employment and labor offices, frontline institutions of the Korea Occupational Safety and Health Agency, private accident prevention organizations, and labor and management organizations such as the Federation of Korean Trade Unions and the Korea Employers Federation.
The Ministry of Employment and Labor explained that "the Industrial Safety and Health Committee is a key organization that fulfills the 'worker participation' obligation in securing the safety and health management system under the Serious Accidents Punishment Act." Below are the seven core elements listed in the safety and health management system guidebook for the Serious Accidents Punishment Act, published by the Ministry of Employment and Labor in August last year. (Source: Ministry of Employment and Labor)
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