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http://dx.doi.org/10.15269/JKSOEH.2014.24.2.103

A Study on Legal Limits of Occupational Safety & Health Law and Application of Private Standards  

Jung, Jinwoo (Seongnam District Employment and Labor Office, Ministry of Employment and Labor)
Publication Information
Journal of Korean Society of Occupational and Environmental Hygiene / v.24, no.2, 2014 , pp. 103-112 More about this Journal
Abstract
Objectives: The present system of occupational safety and health law gives priority to traditional command and control regulations. However, this may give rise to problems such as the delay of standard-setting and shortages of human resources. The aim of this study is to examine the usability of private standards in occupational safety and health systems. Materials: After the limits of occupational safety and health law were examined, an application plan for private norms (EN, as enforced in the EU) and occupational safety and health management systems (OSHMS) was investigated. Results: The utilization of private norms and OSHMS may address the limits of the current legal system. In particular, OSHMS is known internationally as a measure for achieving improvements in overall occupational safety and health performance. As a result, occupational safety and health law and private norms/OSHMS are complementary to one another. Conclusions: Even though the utilization of private standards may give rise to legal questions, such standards as complementary measures to traditional command and control regulations need to be utilized progressively in occupational safety and health systems.
Keywords
command and control regulations; occupational safety and health law; occupational safety & health management systems; private norms; private standards;
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  • Reference
1 Yosizawa T. OHSAS 18001.18002 Occupational Safety and health Management System, 2nd ed. Tokyo: Japanese Industrial Standard; 2004. p. 332
2 Abe. YT. Administrative law vol.1. Tokyo: Yubikaku; 2008. p. 619-620
3 Alexander R. Europaische Techniknormen im Lichte des Gemeinschaftsrechts. DVBI 1996;47(8):1181-1183
4 Council of the European Union. COUNCIL RESOLUTION of 7 May 1985 on a newapproach to technical harmonization and standards(85/C 136/01), 1985. Available from: URL:http:// www. rejtechnical.com/images/Documents/New_Approach_Resolution_85_C136_01.mht
5 Gunningham NA. Towards effective and efficient enforcement of occupational health and safety regulation : two paths to enlightenment. Comp. Lab. L. & Pol'y J 1998;19:547-549
6 ILO. Guidelines on occupational safety and health management systems(ILO-OSH 2001), Swiss: ILO; 2001
7 ISO & IEC. Conformity assessment -- Requirements for bodies providing audit and certification of management systems (ISO/IEC 17021), 2nd ed. Geneva: ISO; 2011
8 JISHA. Effects of OSHMS Introduction, 2013. Available from: URL:http://www.jisha.or.jp/english/oshms/effects.html
9 Jung JW. The legal position of worker on occupational safety and health law.; Paju: Korean Academic Information Co.; 2012. p. 93, 100-101
10 Korea Accreditation Board(KAB). K-OSHMS 18001, 2001
11 Nichting AT. OSHA REFORM : An examination of third party audits. Chi.-Kent. L. Rev 1999;75:195-196;
12 OHSAS Project Group. OHSAS 18001:2007 Occupational health and safety management systems - Requirements, London: OHSAS Project Group Secretariat; 2007
13 Susan. RA. Tort Law in the Regulatory State. in: Peter Shuck(ed.), Tort Law and the Public Interest: Competition, Innovation and Consumer Welfare. New York: W. W. Norton & Company; 1991. p. 43
14 Korea Occupational Safety and Health Agency(KOSHA). KOSHA 18001, 2003