[Safety Negligence Republic] Effect of Serious Accident Punishment Act Uncertain... Prioritize Safety-Tailored Systems First

<Ha> Breaking the Vicious Cycle, Let's Change Everything

Experts Say "Safety Training Will Increase
But Field Conditions May Not Change Much"
Recommendations for Active Corrective Actions
on Firefighting Equipment and Smoke Control Systems

On the morning of the 21st, a 1200-ton mobile crane is dismantling the tower crane at the Hwajeong I-Park collapse site in Seo-gu, Gwangju. [Image source=Yonhap News]

[Asia Economy Reporters Kwanju Lee and Donghoon Jung] The core of the “Serious Accidents Punishment Act (Serious Accidents Punishment Law),” which will be enforced on the 27th of this month, is to punish business owners and management officials if industrial accidents occur due to inadequate safety management. The purpose is to encourage companies to establish and implement their own safety and health management systems to promote safety and health management at the workplace. If a serious industrial accident occurs at a workplace resulting in one or more deaths, and it is confirmed that safety management was not properly conducted, the business owner or management official may face imprisonment for more than one year or a fine of up to 1 billion KRW. Additionally, if two or more injured persons require treatment for more than six months due to the same accident, or if three or more occupational disease cases occur within one year, the law stipulates imprisonment for up to seven years or a fine of up to 100 million KRW.

However, experts have differing opinions on whether the Serious Accidents Punishment Law can fundamentally prevent recurring industrial accidents such as construction site fires. While there is hope that management will be strengthened because the law allows punishment of the primary contractor if safety management is inadequate, it is unclear whether this will actually guarantee a safe working environment. Professor Haseong Gong of the Department of Fire and Disaster Prevention at Woosuk University said, “The law creates room to hold primary contractors accountable, but I don’t think the work sites will change significantly. Most industrial accidents are related to worker safety,” adding, “From the primary contractor’s perspective, there may be some expansion of safety education.”

While imposing safety obligations and penalties on business owners is somewhat necessary, more important is the need for tailored institutional improvements to secure safety at construction sites. For example, the facilities that must be mandatorily installed at construction sites are limited to “temporary fire-fighting facilities.” Professor Sejin In of the Department of Fire and Disaster Prevention at Woosong University pointed out, “Temporary fire-fighting facilities are limited to ‘equipment that can spray water,’ such as fire extinguishers,” meaning “only very basic fire-fighting facilities are in place.” Professor Gong suggested, “It is necessary to install automatic fire extinguishing systems like sprinklers even during construction. Since suffocation accidents are frequent, smoke control facilities are also needed,” and recommended, “Facilities that can actually prevent fires and safety accidents should be equipped.” In this context, experts view the revised Building Act, which was fully enforced on the 23rd of last month, as a positive example. The revised Building Act mandates the use of ‘semi-noncombustible’ materials as insulation to prevent casualties caused by fire. The extensive use of combustible materials has been a factor in increasing fire damage at construction sites, so expanding the use of noncombustible materials is expected to help prevent fires.

There are also opinions that the government and local governments should take more proactive corrective actions against workplaces that have caused major industrial accidents. Professor Jaesung Park of the Department of Fire and Disaster Prevention at Soongsil Cyber University said, “If hazardous acts are clearly identified, the government needs to take strong corrective measures such as ordering work stoppage,” adding, “This can fundamentally prevent large-scale casualties.”