• 제목/요약/키워드: revised Occupational Safety and Health Act

검색결과 14건 처리시간 0.03초

중대재해처벌법의 안전보건상의 쟁점 고찰 - 도급·용역·위탁관계 문제를 중심으로 - (A Health and Safety Issue in the Serious Accident Punishment Act - Focusing on the Contract, Service, and Commission Relationship Issues -)

  • 정진우
    • 한국산업보건학회지
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    • 제32권2호
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    • pp.129-136
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    • 2022
  • Objectives: Given the real problems at industrial sites related to the Serious Accident Punishment Act (SAPA), it has become controversial as a particularly important issue in terms of occupational safety and health. I intend to examine in detail what are the problems and how to approach them. Methods: The contents of SAPA were reviewed focusing on whether its provisions conform to the principles of occupational safety and health, whether they fit the related legal theory, and whether they are effective for accident prevention. The purpose of this study is to examine whether there is a problem with SAPA from the perspective of the effectiveness of accident prevention by combining occupational safety & health management theory, and legal theory. Results: In order to ensure the effectiveness of SAPA, it should be revised to increase the predictability and implementation of safety and health measure standards. Otherwise, it is expected that there will be not only economic and social costs in the short term, but also side effects that disrupt the safety law system, resulting in a considerable number of post-mortem conditions in the mid- to long term. Conclusions: It is easy to see in comparative law that raising the legal punishment alone does not have the effect of preventing industrial accidents. SAPA should be revised as soon as possible in the direction of faithfully and elaborately reorganizing the standards for safety and health measures.

국내 제조업 화재감시자 운영 실태 분석 - 개정 산업안전보건법 중심 (Analysis of the Operation of Fire Observers in the Domestic Manufacturing Industry - Focusing on the Revised Occupational Safety and Health Act)

  • 김경민;서용윤;이종빈;장성록
    • 한국안전학회지
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    • 제38권3호
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    • pp.77-84
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    • 2023
  • Welding and cutting, which are representative tasks in handling firearms at industrial sites, are the basis for production and maintenance processes across all industries. They are also essential in the root industry. Specifically, they are widely used in the manufacturing industry, including equipment industries such as shipbuilding, automobiles, and chemicals, and subsequent maintenance work and general facility repair. However, such hot work carries a high fire risk owing to sparks scattering and inadequate management, resulting in a high occurrence of accidents. In response, the government and relevant organizations have recently revised the Occupational Safety and Health Act to prevent accidents during hot work. These revisions impose more stringent regulations than before, which are expected to help prevent actual fire accidents. However, whether the fire observer system, which is the core element of the revision, would be practically applied and maintained is unclear. Therefore, this study compared the fire observer system in the revised Occupational Safety and Health Act with those in the laws and systems of developed countries, conducted interviews with safety and health experts to assess the suitability of the new system for fire observer operations, and improvement plans were derived accordingly. Therefore, the laws and systems of developed countries grant more authority to fire observers compared with those of Korea. Moreover, professional training in handling emergency is required. Interviews with safety and health experts revealed that regardless of company size, the same operating standards were applied, and standards for deploying fire observers in various locations were unclear. Furthermore, there was a lack of professional education and training, and the role and authority of fire observers were limited. These findings revealed a problem in this sector. The results of this study are expected to serve as basic data for establishing a practical system for placing fire observers and supplementing laws, guidelines, and systems for preventing fire accidents.

방폭설비 성능유지 실태분석을 통한 관리방안 연구 (A Study on the Management Plan through Performance Maintenance Analysis of Explosion-proof Facilities)

  • 권용준;변정환
    • 한국안전학회지
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    • 제35권2호
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    • pp.8-16
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    • 2020
  • In Article 311 of the Regulation on Occupational Safety and Health Standards requires the use of Korean Industrial Standards Act in accordance with the Industrial Standardization Act. However, the classification, inspection, maintenance, design, selection, and installation of explosion hazard locations for explosion and explosion prevention and internalization of 'safety' in the performance maintenance phase of electrical machinery and equipment There is no technical and institutional management plan for remodeling and alteration. Analysis of actual conditions and problems related to the installation, use, and maintenance of explosion-proof equipment, comparative analysis of domestic and international technical standards and systems, technical, institutional and administrative systems and systems related to installation, use, and maintenance of explosion-proof equipment, technical personnel and qualifications, etc. It is to propose legislation, system improvement, and technical standard establishment related to the maintenance of explosion-proof facility performance through improvement of the necessity and feasibility study for establishment of the legal status of the management site and management plan. As technical measures, KS standard revision (draft), KOSHA guide (draft) and explosion-proof facility performance maintenance manual were presented. In addition, the institutional management plan proposed the revised rule on occupational safety and health standards, the revised rule on the restriction of employment of hazardous work, and the manpower training program related to the maintenance of explosion-proof facilities and the qualification plan. Enhance safety at the installation, use, and maintenance stage of explosion-proof structured electrical machinery. It is expected to be used to classify explosion hazards, select related equipment, and to update and standardize standards related to installation, use and maintenance.

강산성 유해화학물질의 법적관리 수준 및 GHS 분류정보 제공 실태분석 연구 (Analysis on the Legal Control Levels and GHS Classification Information Status for Strongly Acidic Hazardous Materials)

  • 이권섭;조지훈;박진우;송세욱
    • 한국산업보건학회지
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    • 제23권4호
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    • pp.384-392
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    • 2013
  • Objective: This study inspected incident cases, legal control levels, and GHS(Globally Harmonized System of Classification and Labeling of Chemicals) classification results of strong acids such as hydrogen fluoride, hydrogen chloride, nitric acid, and sulfuric acid, which have been responsible for many recent chemical accidents. As a result, it is deemed necessary for legal control levels of these strong acids to be revised and GHS classification be managed nation-wide. Methods: This study inspected incident cases and legal control levels for strong acids such as hydrogen fluoride, hydrogen chloride, nitric acid, and sulfuric acid. The study analyzed and compared chemical information status and GHS classification results. Results: There were 76 domestic incidents involving strongly acidic hazardous materials over the five years between 2007 and 2011. They include 37 leakage incidents(46.7%) within a workplace, 30 leakage incidents(39.5%) during transportation, and nine leakage incidents(13.8%) following an explosion. The strongly acidic materials in question are defined and controlled as toxic chemicals according to the classes of Substances Requiring Preparation for Accidents, Managed Hazardous Substance, Hazardous Chemical(corrosive) as set forth under the Enforcement Decree of the Toxic Chemicals Control Act and Rules on Occupational Safety and Health Standards of Occupational Safety and Health Act. Among them, nitric acid is solely controlled as a class 6 hazardous material, oxidizing liquid, under the Hazardous Chemicals Control Act. The classification results of the EU ECHA(European Chemicals Agency) CLP(Commission Regulation(EC) No. 790/2009 of 10 August 2009, for the purposes of its adaptation to technical and scientific progress, Regulation(EC) No 1272/2008 of the European Parliament and of the Council on classification, labeling and packaging of substances and mixtures) and NIER (National Institute of Environmental Research) are almost identical for the three chemicals, with the exception of sulfuric acid. Much of the classification information of NITE (National Institute of Technology and Evaluation) and KOSHA(Korea Occupational Safety and Health Agency, KOSHA) is the same. NIER provides 12(41.4%) out of 29 classifications, as does KOSHA.

중대재해처벌법 시행 후 건설현장 관리자 및 근로자의 안전의식에 대한 연구 (A Study on Safety Awareness of Managers and Workers in Construction after the Serious Accident Punishment Act)

  • 이동선;오태근
    • 문화기술의 융합
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    • 제9권4호
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    • pp.543-548
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    • 2023
  • 한국은 괄목할 만한 경제성장을 이루며 선진국 행렬에 들어섰지만 높은 산업재해 발생률로 인해 근로자의 안전이 위협받고 많은 재산 손실을 초래하는 문제점이 여전히 존재하고 있다. 산업재해 발생률을 낮추기 위해 2020년 4월 산업안전보건법을 전면 개정하며 안전관리를 강화하였지만, 사망재해자 수는 오히려 증가하였다. 이에 정부와 국회는 2022년 1월 중대재해 처벌 등에 관한 법률을 시행하였지만, 그 효과를 확인하지 못하고 있다. 이에 본 연구는 중대재해처벌법 시행 후 건설현장 근로자와 관리자의 안전의식에 어떤 영향을 주었는지 관계자 설문을 통해 분석하였고 안전관리를 개선할 수 있는 대책을 제시하였다.

공공기관 건설공사의 안전강화를 위한 안전보건대장이 건설산업에 미치는 기대효과와 취약점에 관한 연구 (A Study on the Expected Effects and Vulnerabilities of Safety&Health Sheet on the Construction Industry)

  • 오세미
    • 한국건설안전학회 논문집
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    • 제2권2호
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    • pp.45-49
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    • 2019
  • 본 연구의 목적은 산업안전보건법과 관련하여 실질적인 의사결정 권한을 행사하고 건설공사 비용을 부담하는 자가 주도하는 안전보건대장을 작성하는 것이 의무화됨에 따라 안전보건대장 작성방법과 향후 예상되는 효과를 연구하기 위한 것이다. 따라서 본 연구는 개정된 산업안전보건법과 관련하여 건설산업에 대한 안전보건대장의 기대효과와 향후 안전보건대장이 건설산업에 미치는 취약점을 예측한다. 이것은 건설산업에서 발주자의 역할에 대한 책임과 안전을 강화하는 것뿐만 아니라, 발주자가 주도하는 선제적 안전 및 보건 관리 시스템이 가져올 변화에 대한 기본적인 자료로 사용될 것이다.

GHS 체계에 대응한 MSDS DB 구축 및 정보 제공 프로그램 개발 (Development of MSDS DB management system corresponding to the Globally Harmonized System of Classification and Labelling of Chemicals (GHS))

  • 임철홍;김현옥;이혜진;안선찬;신현화;양정선
    • 한국산업보건학회지
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    • 제19권4호
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    • pp.347-362
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    • 2009
  • The United Nation agreed to adopt the Globally Harmonized System of Classification and Labelling of Chemicals (GHS) until 2008 to solve the significant differences enough to result in different labels or MSDS for the same chemical in different jurisdictions. Though the GHS is an ideal solution in the respect of pursuing only one format of a MSDS throughout the world, it may cause confusion at the beginning due to lack of information. So the Korean Ministry of Labor (MOL) revised the Industrial Safety and Health Act (ISHA) and related public notice on the classification & labelling of chemicals according to the GHS in 2006. The transition period for the implementation of the GHS for substances was set until Jun 30, 2010, and for mixtures until Jun 30, 2013. To promote the implementation of the GHS in Korea, we developed an application program for constructing MSDS database and a management program for providing MSDS contents on the web in accordance with the GHS. We analyzed the sixteen sections of MSDS by the GHS guideline, and the result showed the necessity to construct logically connected DB for chemical identifier, hazard classification, label, standard phrases and regulatory information. Each section of a MSDS was divided into sub-databases to update the database efficiently. According to Relational Database Management System (RDBMS), the sub-databases were automatically assembled and subsequently a full MSDS is produced. At present, MSDS database for 6,314 substances has been built and provided through internet as the MSDS Editing program. During the service period from January 1 to March 31, 13,666 users have searched MSDSs for 33,401 substances. During program review, some comments about the classification results and other MSDS element sources were reported but no technical bug reported. We expect that the MSDS DB management system in accordance with GHS will accelerate the implementation of the GHS in Korea.

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.

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).

한국 표준직업분류에 따른 근로자의 구강기능문제 (A Study on Workers' Oral Function Problem According to Korean Standard Classification of Occupations)

  • 주온주;김인자
    • 한국융합학회논문지
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    • 제11권6호
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    • pp.341-347
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    • 2020
  • 본 연구는 한국 표준직업분류에 따른 근로자의 구강기능문제를 파악하고 근로자들이 집단구강건강관리사업의 혜택을 받을 수 있도록 산업안전보건법의 개정을 촉구하기 위한 근거자료로 제공하고자 시행하였다. 국민건강영양조사 제7기 원시자료(1차,2차)를 이용하여 만 19세 이상 한국 표준직업분류에 따른 근로자를 대상으로 씹기문제와 말하기문제를 조사한 결과 한국 표준직업분류에 따른 근로자의 유형과 씹기문제, 말하기문제의 연관성이 확인되었다(p<0.05). 이에 근로자의 구강건강을 향상시키기 위해서는 집단구강건강관리사업이 실행되어야 하며 집단구강건강관리사업의 주최가 될 전문성을 갖춘 전문보건의료관리자를 채용할 수 있도록 산업안전보건법이 개정되어야 할 것이다.