• 제목/요약/키워드: Occupational Safety And Health Act

검색결과 194건 처리시간 0.024초

우리나라 산업안전보건법상 특별관리물질 규정에 대한 독일, 영국 및 일본과의 비교법적 고찰 (A Comparative Legal Study of Germany, the United Kingdom, Japan and Korea for the Regulations on Special Management Materials)

  • 최상준;피영규;김신범;김원
    • 한국산업보건학회지
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    • 제23권2호
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    • pp.137-147
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    • 2013
  • Objectives: This study was conducted in order to evaluate the limitations of the regulations on the safety and health standards for special management materials(SMM) under the Industrial Safety and Health Act in Korea. Methods: Hazardous chemicals management systems in Germany(Hazardous Substances Ordinance), the UK(Control of Substances Hazardous to Health Regulations), Japan(Ordinance on Prevention of Hazards due to Specified Chemical Substances) and Korea(Regulation of Occupational Safety and Health Standards, ROSHS) were investigated and compared in terms of 14 items. Results: Among the 14 items, we eventually found seven items which should be amended: 1) definition and scope, 2) general duties clause, 3) principles of management, 4) preventive measures, 5) control measures, 6) risk assessment, and 7) record keeping. The principal limitations of Korean regulations in comparison with those of other countries were that there were no preventive measures such as substitution, and no principles of good practices for the control of exposure to SMM. In terms of control measures, there were no regulations on suitable workplace design, reducing the number of exposed workers, reducing the level and duration of exposure, and reducing the quantity of hazardous substances in ROSHS. Conclusions: Based on the results of this study, ROSHS should be complemented with preventive measures and the principles of management related to SMM. According to the suggestions, an employer who deals with SMM should preferably consider the possibility of substitution and perform substitution so far as is reasonably practicable.

건강권과 방사선사법 제정에 관한 고찰 (A Study on Enacting the Radiologic Technologist Act for the Civil Right to Health in Korea)

  • 임창선
    • 대한방사선기술학회지:방사선기술과학
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    • 제30권4호
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    • pp.313-320
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    • 2007
  • [ $\ulcorner$ ]의료기사 등에 관한 법률$\lrcorner$에는 다수 직종을 총괄하여 규정하고 있어 방사선사 업무의 전문성 향상과 방사선의료기술에 대한 국민의 건강권을 보장하기 어렵다. 따라서 방사선사에 관련된 법령을 개별적으로 제정하는것이 요청된다. 개별법으로서 방사선사법은 궁극적으로 국민의 건강증진을 목적으로 하는 방사선사의 책임규제에 관한 법으로 제정되어야 한다. 이를 위해 전문방사선사에 대한 규정을 신설하고 보수교육과 면허관리제도의 강화를 통하여 국민들이 보다 수준 높은 양질의 방사선의료기술을 제공받을 수 있도록 하여야 한다. 또한 방사선사의 역할과 업무를 명확히 규정하여 국민에게 제공되는 의료방사선서비스의 질적 수준을 확보하여야 한다. 정부기관에는 의료방사선정책심의위원회를 두어 의료방사선의 안전관리와 방사선사 인력의 수급, 기타 의료방사선정책에 관한 중요한 사항이 검토되고, 심의되어야 한다. 그밖에 방사선조사선량의 기록, 관리를 통하여 방사선피폭으로부터 국민의 건강보호를 위한 규정도 필요하며, 팀의료의 일원으로서 방사선사의 지위가 보장되어야 한다.

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산업안전보건법 허용기준 대상물질의 허용기준 개정을 위한 유해성·위험성 평가 및 사회적 비용·편익 분석 (Hazard and Risk Assessment and Cost and Benefit Analysis for Revising Permissible Exposure Limits in the Occupational Safety and Health Act of Korea)

  • 김기연;오성업;홍문기;이권섭
    • 한국산업보건학회지
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    • 제25권2호
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    • pp.134-145
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    • 2015
  • Objectives: An objective of this study was to perform a risk assessment and social cost-benefit analysis for revising permissible exposure limits for seven substances: Nickel(Insoluble inorganic compounds), benzene, carbon disulfide, formaldehyde, cadmium(as compounds), trichloroethylene, touluene-2,4-diisocyanate. Materials and Methods: The research methods were divided into risk and hazard assessment and cost-benefit analysis. The risk and hazard assessment for the seven substances consists of four steps: An overview of GHS MSDS(1st), review of document of ACGIH's TLVs (2nd), comparison between international occupational exposure limits and domestic permissible exposure limits(3rd), and analysis of excess workplace and excess rate for occupational exposure limits based on previous work environment measurement data(4th). Total cost was estimated using cost of local exhaust ventilation, number of excess workplace and penalties for exceeding a permissible exposure limit. On the other hand, total benefit was calculated using the reduction rate of occupational disease, number of workplaces treating each substance and industrial accident compensation. Finally, the net benefit was calculated by subtracting total cost from total benefit. Results: All the substances investigated in this study were classified by CMR(Carcinogens, Mutagens or Reproductive toxicants) and their international occupational exposure limits were stricter than the domestic permissible exposure limits. As a result of excess rate analysis, trichloroethylene was the highest at 11%, whereas nickel was the lowest at 0.5%. The excess rates of all substances except for trichloroethylene were observed at less than 10%. Among the seven substances, the total cost was highest for trichloroethylene and lowest for carbon disulfide. The benefits for the seven substances were higher than costs estimated based on strengthening current permissible exposure limits. Thus, revising the permissible exposure limits of the seven substances was determined to be acceptable from a social perspective. Conclusions: The final revised permissible exposure limits suggested for the seven substances are as follows: $0.2mg/m^3$ for nickel, 0.5 ppm(TWA) and 2.5 ppm(STEL) for benzene, 1 ppm(TWA) for carbon disulfide, $0.01mg/m^3$(TWA) for cadmium, 10 ppm(TWA) and 25 ppm(STEL) for trichloroethylene, 0.3 ppm(TWA) for formaldehyde, and 0.005 ppm(TWA) and 0.02 ppm(STEL) for toluene diisocynate(isomers).

국내 제조업 화재감시자 운영의 문제 확인 및 개선방안 (Identification of Problems and Improvement Measures of Fire Observer Operation in Domestic Manufacturing Industry)

  • 김경민;서용윤;이종빈;장성록
    • 한국안전학회지
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    • 제38권6호
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    • pp.26-35
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    • 2023
  • Sparks cause most fire and explosion accidents in the manufacturing industry during hot work, which ignites surrounding combustible materials. Such incidents lead to high casualties due to suffocation from toxic gases and lack of evacuation. Therefore, the government recently enacted and revised 'The Occupational Safety and Health Act' to prevent fires and explosions at work sites, incorporating legal standards for fire observers, which are important in preventing accidents and the spread of fire during hot work. However, there are notable shortcomings in conducting professional cause analysis of these accidents and in aligning them with advanced foreign legal standards. Additionally, there is a lack of literature review reflecting the manufacturing industry characteristics. Despite the recent enactment and revision of legal standards, gathering sufficient opinions and professional reviews remains insufficient. To address these gaps, interviews were conducted with safety and health workers, analyzing recent fire and explosion causes in domestic manufacturing industries, and reviewing both domestic and international legal standards. Conclusively, proposed improvement measures were centered on the professionalization of fire observer education, enhancing their roles and authority realistically, and improving fire observer placement and operation standards. Consequently, additional 'Occupational Safety and Health Act' standards are necessary for fire observer education and defining the government's role. Second, precise legal standards outlining the role and authority of fire observers are required. Third tailored fire observer arrangements and management standards appropriate for varying work characteristics and company sizes are required. This study emphasizes the importance of supplementing relevant legal standards to prevent fire accidents in the manufacturing industry.

안전관리자 증원·교체 규정 제도 개선의 필요성 연구 (Study on the necessity of improving safety manager reinforcement and replacement regulation system)

  • 송동윤;조성웅;이승환
    • 대한안전경영과학회지
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    • 제19권4호
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    • pp.77-85
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    • 2017
  • As industrialization progresses, mass production becomes a smart production system. However, industrial accidents do not decline, and during the course of industrialization, due to the logic of economic agents that have an economical and effective employment environment, they are changed to non-regular workers. The Occupational Safety and Health Act stipulates that the safety managers must be distinguished and the safety managers perform the task of conducting industrial accidents by balancing the duties and regulations specified in the Act on Special Measures for Deregulation. Safety administrators providing advice on issues needed to prevent industrial accidents and preventive measures We would like to present the problems and improvements that may arise due to safety managers' replacement due to accidents caused by industrial accidents or accidents.

환경부의 화학물질관리법, 화학물질등록 및 평가에 관한 법률, 고용노동부의 산업안전보건법의 화학물질 관련 내용 비교 (Comparison between the Chemical Management Contents of Laws Pertaining to the Ministry of Environment and the Ministry of the Employment and Labor)

  • 윤충식;함승헌;박지훈;김선주;이상아;이권섭;박동욱
    • 한국환경보건학회지
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    • 제40권5호
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    • pp.331-345
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    • 2014
  • Objectives: The exponential growth of chemicals, an area of high concern in developed countries like the US (i.e., the Gore Initiative) and in the EU (i.e., REACH), as well as recent chemical accidents in Korea, have provoked nationwide concerns and resultant legal enforcement. This study aims to compare the laws of the Ministry of Environment (the Chemical Substances Control Act (CSCA), Act on the Registration and Evaluation, etc. of Chemical Substances (ARECS)) with those of the Ministry of the Employment and Labor (Occupational Safety and Health Act (OSHA)). Methods: Each law pertaining to the Ministry of Environment and the Ministry of the Employment and Labor was downloaded from the official legal information system (www.law.go.kr). The objectives of each law and the major contents related to chemical management were compared and summarized. Results: The CSCA and the ARECS are focused on the protection of people and the environment, while the OSHA relates to the protection of workers. The right to know of people and workers has been reinforced. The former two laws emphasize prevention, but the OSHA contains both preventive and post-accident measures. The role of the Ministry of Employment was reinforced with the promulgation of the CSCA and ARECS, which contain regulations such as adjacent area impact evaluation, risk control planning, chemical statistical survey and construction and operation of information, provision of risk control plans, response to chemical accidents and registration of chemical substances. Conclusion: We found that the three laws discussed here have several similar clauses designed to protect people and the environment from risks that may be caused by the use of chemicals, even though there are some differences among them in terms of objectives and contents. This review concluded that several clauses that can be regarded as double regulation should be unified in order to minimize the waste of government administrative resources and socio-economic losses.

우리나라 보건의료법령에 명시된 간호에 관한 연구 (A Study on the Nursing Profession as Stipulated by Health & Medical Laws of Korea)

  • 김은영
    • 지역사회간호학회지
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    • 제8권1호
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    • pp.116-132
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    • 1997
  • The purpose of the study is to find out how laws related to the nursing profession can be improved by analyzing the rules and regulations concerning nursing. Furthermore, to help settle legal matters in the process of doing nursing work. The data used for the study are the Health and Medical Act, the Maternal and Child Health Act, the School Health Act, the Special Act for Health and Medical Service in Rural Areas, the Industrial Health & Safety Act and the Notice on Nursing Professional Courses analyzed by age and content. The results of the study are as follows : First, basic nursing practice includes 'nursing care for recuperation and assistance in medical treatment and in special areas including the pre-vention of disease, maintenance of health, control of environment, and other therapeutic activities. It is suggested that the phrase 'assistance in medical treatment' should be eliminated as it limits the basic nursing practice to the assistance of the medical treatment. Second, Article 56 of the Health & Medical Act prescribes a special nurse but it does not prescribe a specific job. Accordingly, the new provison concerning the specific jobs of a special nurse should be added or a job guide should be inseated. Third, it is prescribed that those who have completed the training course after obtaining a license are qualified to be a midwife, a special nurse and a nurse practitioner working in special areas. However, school nurses, occupational health nurses and maternal and health workers are required to obtain a nurse license, but not to take an additional training course. Nurses working in special areas should be legally recognized as nurse specialists. The regulations to control various qualification standards consistently should be established. Fourth, the qualifications and types of nurses by area prescribed by Article 54 of the Health and Medical Act are not consistent with those of special nurses as recognized by affiliated organizations of the Korean Nurse Association and some hospitals. Accordingly, the qualifications and types of special nurses should be adjusted in consideration of special nurses. Fifth, as Article 16, Paragraph 2 of the Health and Medical Act does not prescribe the type and scope of first - aid treatment that nurses can provide, the first-aid treatment of nurses might be considered as an unlicensed practice. The specific regulations regarding these matters should be established. Sixth, the contents of the nursing record, which are prescribed by Article 21 of the Health and Medical Act as a duty, include 1) matters concerning body temperature, pulse, breath and blood pressure 2) matters concerning drug prescription 3) matters concerning input and output 4) matters concerning the treatment and nursing care (Article 17 of the Enforcement Regulations, Health and Medical Act). However, these matters are limited to basic nursing care and assistance in medical treatment. The new recording methods on nursing process are suggested to be adopted legally. Seventh, the prescription right entrusted to nurses which are prescribed by the School Health Act, the Special Act on Health and Medical Service for Rural Areas, and the Industrial Health and Safety Act are not consistent with the rights of nurses as prescribed by the Health and Medical Act. New regulations prescribing the partial right for medical treatment entrusted to nurses in consideration of the restraint of time and place in emergency situations should be established.

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「항만안전특별법」시행 1년의 성과와 과제 (The Introductin of the Special Act on Port Safety in South Korea: First-year Results and Future Tasks)

  • 김미주;김석환
    • 한국산업보건학회지
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    • 제34권1호
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    • pp.26-34
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    • 2024
  • Objectives: The successful implementation of the Port Safety Special Act is a very important matter. Now that one year has passed since its introduction, this study aims to review the achievements so far and identify future tasks. Methods: The provisions of the Special Act on Port Safety were analyzed and the latest literature related to port safety management was reviewed. In addition, an in-depth interview was conducted with a business owner. Results: The achievements over the past year are as follows. As business operators took greater responsibility for safety management, blind spots in safety were resolved to an extent. Specialized training for the port unloading industry was provided, and a safety management system was established for unloading docks. In addition, the Ministry of Oceans and Fisheries was able to intervene in the prevention of safety accidents at ports through the deployment of port safety inspectors. In 2022, the port industry accident frequency and death rate declined compared to the previous year. Conclusions: The "Port Safety Special Act" has become relatively well established in the port industry over the past year. However, since the Serious Disaster Punishment Act was implemented in January of the same year, there is a limit on determining what is necessarily the effect of the Special Act. Future tasks include unifying contracts centered on cargo handling companies, supporting safety management costs, increasing the number of port safety inspectors, producing reliable port disaster statistics, and cooperating between the Ministry of Oceans and Fisheries and the Ministry of Employment and Labor.

화학물질 관리 연구-2. 환경부와 고용노동부의 관리 화학물질의 구분, 노출기준 및 독성 지표 등의 특성 비교 (Study on the Chemical Management - 2. Comparison of Classification and Health Index of Chemicals Regulated by the Ministry of Environment and the Ministry of the Employment and Labor)

  • 김선주;윤충식;함승헌;박지훈;김송하;김유나;이지은;이상아;박동욱;이권섭;하권철
    • 한국산업보건학회지
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    • 제25권1호
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    • pp.58-71
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    • 2015
  • Objectives: The aims of this study were to investigate the classification system of chemical substances in the Occupational Safety and Health Act(OSHA) and Chemical Substances Control Act(CSCA) and to compare several health indices (i.e., Time Weighted Average (TWA), Lethal Dose ($LD_{50}$), and Lethal Concentration ($LC_{50}$) of chemical substances by categories in each law. Methods: The chemicals regulated by each law were classified by the specific categories provided in the respective law; seven categories for OSHA (chemicals with OELs, chemicals prohibited from manufacturing, etc., chemicals requiring approval, chemicals kept below permissible limits, chemicals requiring workplace monitoring, chemicals requiring special management, and chemicals requiring special heath diagnosis) and five categories from the CSCA(poisonous substances, permitted substances, restricted substances, prohibited substances, and substances requiring preparation for accidents). Information on physicochemical properties, health indices including CMR characteristics, $LD_{50}$ and $LD_{50}$ were searched from the homepages of the Korean Occupational and Safety Agency and the National Institute of Environmental Research, etc. Statistical analysis was conducted for comparison between TWA and health index for each category. Results: The number of chemicals based on CAS numbers was different from the numbers of series of chemicals listed in each law because of repeat listings due to different names (e.g., glycol monoethylether vs. 2-ethoxy ethanol) and grouping of different chemicals under the same serial number(i.e., five different benzidine-related chemicals were categorized under one serial number(06-4-13) as prohibited substances under the CSCA). A total of 722 chemicals and 995 chemicals were listed at the OSHA and its sub-regulations and CSCA and its sub-regulations, respectively. Among these, 36.8% based on OSHA chemicals and 26.7% based on CSCA chemicals were regulated simultaneously through both laws. The correlation coefficients between TWA and $LC_{50}$ and between TWA and $LD_{50}$, were 0.641 and 0.506, respectively. The geometric mean values of TWA calculated by each category in both laws have no tendency according to category. The patterns of cumulative graph for TWA, $LD_{50}$, $LC_{50}$ were similar to the chemicals regulated by OHSA and CCSA, but their median values were lower for CCSA regulated chemicals than OSHA regulated chemicals. The GM of carcinogenic chemicals under the OSHA was significantly lower than non-CMR chemicals($2.21mg/m^3$ vs $5.69mg/m^3$, p=0.006), while there was no significant difference in CSCA chemicals($0.85mg/m^3$ vs $1.04mg/m^3$, p=0.448). $LC_{50}$ showed no significant difference between carcinogens, mutagens, reproductive toxic chemicals and non-CMR chemicals in both laws' regulated chemicals, while there was a difference between carcinogens and non-CMR chemicals in $LD_{50}$ of the CSCA. Conclusions: This study found that there was no specific tendency or significant difference in health indicessuch TWA, $LD_{50}$ and $LC_{50}$ in subcategories of chemicals as classified by the Ministry of Labor and Employment and the Ministry of Environment. Considering the background and the purpose of each law, collaboration for harmonization in chemical categorizing and regulation is necessary.

사고대비물질 개인보호구 선정에 관한 연구(2): 노출위해성 매트릭스에 의한 분석 (A Study on Selecting Personal Protective Equipment for Listed Hazardous Chemicals (2): Analysis Using an Exposure Risk Matrix)

  • 한돈희;정상태;김종일;조용성;이청수
    • 한국환경보건학회지
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    • 제42권6호
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    • pp.430-437
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    • 2016
  • Objectives: The new Chemical Control Act from the Korean Ministry of Environment (2014-259) simply states only in basic phrases that every worker handling the listed chemicals should wear personal protective equipment (PPE) and does not consider the different hazard characteristics of particular chemicals or work types. The purpose of this study was to produce an exposure risk matrix and assign PPE to the categories of this matrix, which would be useful for revising the act to suggest PPE to suit work types or situations. Methods: An exposure risk matrix was made using hazard ranks of chemicals and workplace exposure risks in the previous study. For the 20 categories of exposure risk matrix PPE, levels A, B, C, D as classified by OSHA/EPA were assigned. After 69 hazardous chemicals were divided into 11 groups according to their physiochemical characteristics, respirators, chemical protective clothing (CPC), gloves and footwear were suggested on the basis of the assigned PPE levels. Results: PPE table sheets for the 11 groups were made on the basis of work types or situations. Full facepiece or half-mask for level C was recommended in accordance with the exposure risk matrix. Level A was, in particular, recommended for loading or unloading work. Level A PPE should be worn in an emergency involving hydrogen fluoride because of the number of recent related accidents in Korea. Conclusion: PPE assignment according to the exposure risk matrix made by chemical hazards and work type or situation was suggested for the first time. Each type of PPE was recommended for the grouped chemicals. The research will be usefully used for the revision of the Chemical Control Act in Korea.