A Complete Amendment of the Occupational Safety and Health Act in 28 Years (Enacted, January 16)
In order to greatly protect workers from industrial accidents, the Occupational Safety and Health Act was completely amended in 28 years and went into effect on January 16, 2020.
- 1) Establishment of safety and health measures for special type workers and delivery workers as the protection of the law has been extended to those who provide labor, and the establishment of safety and health measures for special type workers and delivery workers.
- 2) Not only employers, but also representative directors (enforced on January 1, 2021), entities placing an order of construction, and franchise headquarters will be responsible for preventing industrial accidents.
| Classification | Those To Be Applied | Content |
| Representative Directors (Enforced on Jan 1, 2021) | ① Companies with more than 500 full-time workers or ② construction companies within the top 1,000 of the previous year's construction capacity evaluation |
Obligation to establish safety and health plans and report to the board of directors |
| Entities Placing an Order | Total construction amount is over KRW 5 billion. | Obligation to create, verify and implement the safety and health book for each stage of construction (plan, design and construction) |
| Franchise Headquarters | More than 200 franchisees in restaurant or convenience store | Obligation to prepare and implement safety and health programs and provide safety and health information for/to franchisees |
- 3) In order to strengthen the safety of subcontracted workers, the scope of responsibility of entities/contractors who have ordered any work (hereinafter referred to as “ordering entities”), the assignment of obligations, and the performance of duties are reinforced.
- ① Place of responsibility of ordering entities: Any places within the place of business of ordering entities in the case of provided/assigned by ordering entities. Expanded to the place of risk that is controlled and managed by ordering entities.
- ② Duty of ordering entities: Selection of qualified contractees with competence in industrial accident prevention measures, etc.
- ③ Reinforcement of Fulfillment of Duties: Strengthening the level of penalties for violation of safety and health obligations*
*(Before) Imprisonment up to 1 year or fine up to KRW 10 million → (Amendment) imprisonment up to 3 years or maximum fine of KRW 30 million (imprisonment less than 7 years or maximum fine of KRW 100 million if a worker dies. Weighted at the second offense)
- 4) Reinforcement of workers’ life and safety protection by prohibiting and restricting in-house subcontracting of work related to hazardous and dangerous materials
- 5) Strengthening safety in the construction industry where accidents occur frequently
- ① Duties of ordering entities of construction: Safety and health measures necessary for installation, operation, disassembly, assembly, etc. of machinery, equipment or facilities such as a tower crane
- ② Safety Manager: Expanding the size of the eligible construction project (current: KRW 12 billion → Amended: KRW 5 billion)
- 6) Material Safety Data Sheet (MSDS*) Related Amendments) Effective on January 16, 2021
*MSDS(Material Safety Data Sheet): Document containing data/information necessary for management and use such as chemical properties, hazards, and riskiness of chemicals
- ① MSDS Preparer/Submitter: Change to an entity who manufactures and imports chemicals (formerly transfer or provide)
- ② Non-disclosure of names and contents of chemical substances: If it is worth protecting as a trade secret, write an alternative name and content with the approval of the Minister of Employment and Labor.
※ Please visit the website (http://www.moel.go.kr)of the Ministry of Employment and Labor for major amendments by industry type!!
Source and Inquiries: Industrial Accident Prevention Policy Division, Ministry of Employment
TEL. 044-202-7697