• Safety and Health at Work
• /
• v.9 no.4
• /
• pp.365-371
• /
• 2018

This article addresses three key issues. First, the commonalities, differences, strengths, and limitations of existing occupational safety and health (OSH) legislation of low- and middle-income countries were determined. Second, required revisions were identified and discussed to strengthen the laws in accordance with the best international practice. Finally, proposals for additional OSH laws and interventions were suggested. A literature search of OSH laws of 10 selected low- and middle-income countries was carried out. The laws were subjected to uniform review criteria. Although the agricultural sector employs more than 70% of the population, most of the reviewed countries lack OSH legislation on the sector. Existing OSH laws are gender insensitive, fragmented among various government departments, insufficient, outdated, and nondeterrent to perpetrators and lack incentives for compliance. Conclusively, the legal frameworks require reformation and harmonization for the collective benefit to employees, employers, and regulatory authorities. New OSH legislation for the agricultural sector is required.

• Journal of Korean Society of Occupational and Environmental Hygiene
• /
• v.28 no.1
• /
• pp.18-34
• /
• 2018

Objectives: This study aims to identify and solve problems in the consistency, procedural justification, effectiveness, and other matters concerning approaches to occupational safety and health legislation, administrative rules, and administrative guidelines. Methods: In this study of policy on the industrial safety and health law of Korea, problems were raised based on important information on the approach to occupational safety and health legislation and administrative guidelines such as notices, ordinances, and instructions, as well as on their interpretation and operation standards. Secondly, based on the identified problems in the occupational safety and health law policy, core practical methods to present improvement directions for occupational safety health policy in Korea were sought. Results: It is absolutely necessary to actively promote the infrastructure for occupational safety and health by developing and disseminating notices, guidelines, and manuals that act as contact points between laws and the field in various ways at the administrative institution level. In addition to sanctions, efforts to systematically guide and promote complex professional matters must be supported. Efforts should be made to strengthen administrative expertise so that administrative authorities can secure professional authority and fully enforce legal policies according to the purpose of legislation. In order to ensure the effectiveness of occupational safety and health law policies, it is necessary to shift the focus of the legal policy toward confirming and guiding substantial compliance with legal standards. Conclusions: As a result of the above efforts, when reliable occupational safety and health law policy is implemented, the understanding and acceptance of the legal policy for the administrative object will be increased, and the safety and health management of the enterprise will be maximized to its full extent.

• Journal of the Korean Society of Marine Environment & Safety
• /
• v.30 no.1
• /
• pp.65-73
• /
• 2024

Maritime legislation encompasses a wide range of laws related to the maritime field. A significant number of laws that can be called maritime legislation have been enacted and implemented in domestic legislation. For all types of legislation, including maritime legislation, the meaning of the legal provisions must be clear for those who abide by the law, those who study the law, and those who enforce legislation. Nevertheless, the potential for considerable confusion exists because the definition is not stipulated in relation to the 'Route' specified and regulated in various maritime legislation. Further, the exact meaning of numerous cases is difficult to understand and can be interpreted in various ways. Adding to the confusion is the use of different terms with similar meanings. The maritime field changes and becomes more diverse, and many related maritime legislations are being enacted or amended to reflect this situation. The, authors propose to specify clear route definitions in individual legislation and replace parts that may cause unnecessary misunderstanding with similar terms. The authors believe that the confusion in compliance and enforcement of maritime legislation can be minimized .if these proposals are implemented.

• The Korean Journal of Air & Space Law and Policy
• /
• v.33 no.2
• /
• pp.345-366
• /
• 2018

Article 37 of the International Convention on Civil Aviation requires that rules should be adopted to keep in compliance with international standards and recommended practices established by ICAO. As SARPs are revised annually, each ICAO Member State needs to reflect the new content in its national aviation Acts in a timely manner. In recent years, data-driven international standards have been developed because of the important roles of aviation safety data and information-based legislation in accident prevention based on human factors. The Safety Management System and crew Fatigue Risk Management Systems were reviewed as examples of the result of data-driven rulemaking. The safety management system was adopted in 2013 with the introduction of Annex 19 and Chapter 5 of the relevant manual describes safety data collection and analysis systems. Through analysis of safety data and information, decision makers can make informed data-driven decisions. The Republic of Korea introduced Safety Management System in accordance with Article 58 of the Aviation Safety Act for all airlines, maintenance companies, and airport corporations. To support the SMS, both mandatory reporting and voluntary safety reporting systems need to be in place. Up until now, the standard of administrative penal dispensation for violations of the safety management system has been very weak. Various regulations have been developed and implemented in the United States and Europe for the proper legislation of the safety management system. In the wake of the crash of the Colgan aircraft, the US Aviation Safety Committee recommended the US Federal Aviation Administration to establish a system that can identify and manage pilot fatigue hazards. In 2010, a notice of proposed rulemaking was issued by the Federal Aviation Administration and in 2011, the final rule was passed. The legislation was applied to help differentiate risk based on flight according to factors such as the pilot's duty starting time, the availability of the auxiliary crew, and the class of the rest facility. Numerous amounts data and information were analyzed during the rulemaking process, and reflected in the resultant regulations. A cost-benefit analysis, based on the data of the previous 10 year period, was conducted before the final legislation was reached and it was concluded that the cost benefits are positive. The Republic of Korea also currently has a clause on aviation safety legislation related to crew fatigue risk, where an airline can choose either to conform to the traditional flight time limitation standard or fatigue risk management system. In the United States, specifically for the purpose of data-driven rulemaking, the Airline Rulemaking Committee was formed, and operates in this capacity. Considering the advantageous results of the ARC in the US, and the D4S in Europe, this is a system that should definitely be introduced in Korea as well. A cost-benefit analysis is necessary, and can serve to strengthen the resulting legislation. In order to improve the effectiveness of data-based legislation, it is necessary to have reinforcement of experts and through them prepare a more detailed checklist of relevant variables.

• Proceedings of KOSOMES biannual meeting
• /
• 2017.11a
• /
• pp.230-230
• /
• 2017

• Journal of the Korean Society of Marine Environment & Safety
• /
• v.11 no.2 s.23
• /
• pp.83-96
• /
• 2005

As recently, 'International convention for the control and management of ship's ballast water and sediments' was adopted, it is necessary to accept the international convention in Korea The movements of foreign countries for ship's ballast water control and management were investigated, and domestic environment-related laws were reviewed and compared regarding the discharge of industrial wastewater and ship's ballast water. Alternative measures of domestic legislation were suggested for acceptance of the international convention.

• Safety and Health at Work
• /
• v.13 no.1
• /
• pp.1-2
• /
• 2022

• Fire Science and Engineering
• /
• v.15 no.2
• /
• pp.13-19
• /
• 2001

The OECD defines regulatory reform as both better regulation and deregulation, and emphasizes that governments must continue to regulate in areas such as environmental quality and safety. In contrast, Korean regulatory reform in fire services in the 1990s shows quite a strange trend, having been carried out only to the direction of softening and abolishing regulations. In the UK, fire prevention legislation has been strengthened since the enactment of the Fire Precautions Act 1971, and the Building Regulations 1991, which apply to all new buildings including a private house, require that there should be at least one smoke alarm on each floor. This research shows that the tightening of fire prevention legislation in the UK has promoted fire safety, which is very instructive for Korean fire services. In order for Korean fire services to protect citizens'lives and property from fires, one of basic directions of regulatory reform, to improve the quality of regulations relating to safety, health and the environment, should be observed strictly. Moreover, the flexibility of the basic direction of regulatory reform should be ensured so that the regulations concerning safety could be even increased under the overall reform strategy of reducing all regulations.

• Fire Science and Engineering
• /
• v.30 no.1
• /
• pp.111-120
• /
• 2016

This study is intended to provide legislative direction for fire products life expectancy. Domestic and international laws relating to fire products life expectancy have been reviewed, and the results of a Fire Safety Manager Consciousness (FSMC) survey were analyzed. The FSMC survey has been designed in order to assist with the establishment of appropriate fire safety policy. A questionnaire survey was conducted with 660 fire safety administrators from 17 municipal and provincial districts, with the intention of gaining expertise on the extension of life-span for 32 fire products. The survey also asked for candidates opinions on future policy direction. Based on the survey results and the review of policies within other nations, we have devised a set of policy issues with the intention of extending the life-span of fire-safety items. The survey result revealed that 79.3% of Fire Safety Managers (FSMs) concurred with the establishment of legislation regarding the maintenance and correct care of fire-safety products. Overall, over 30% of FSMs were in favor of regulations regarding Ddry chemical fire extinguishers (77.3%), fire detectors (44.6%), fire hoses (44.4%), gaseous agent fire extinguisher (40.6%), automatic descending life lines (36.2%), exit lights (35.9%), air respirators (35.9%), extinguishing systems for residential cooking facilities (33.9%), automatic spray-type extinguishing units (33.9%), emergency lights (31.2%), and gas leakage detectors (30.7%). Especially, among these, dry chemical fire extinguishers (60.0%), detectors (20.0%), and fire hose (18.8%) were identified as the fire products primarily in need of maintenance legislation. The general consensus is that fire products older than 10 years need to be replaced. Based on the survey results, there was general agreement that fire product life expectancy is in need of legislation. This study recommends the introduction of fire product life expectancy legislation in phases.

• Safety and Health at Work
• /
• v.11 no.4
• /
• pp.443-449
• /
• 2020

Background: The study tries to show the effect of Occupational Health and Safety (OHS) legislation implemented via plan-do-check-act methodology on accident and sickness absenteeism. Methods: The data for the study gathered via a questionnaire from a large-sized organization operates in production and maintenance of passenger coaches in February-March 2019 in Turkey. The data analyzed via structural equation model analysis. Results: The results showed that there are statistically meaningful relationships between OHS protective measures, training and informing of employees, and employee participation and accident and sickness absenteeism. In addition, a meaningful relationship between internal control and accident and sickness absenteeism was determined. Statistically meaningful relationships between emergency measures, and health surveillance and internal control, and accident and sickness absenteeism could not be determined. Conclusion: It is concluded that the actions implemented by organizations to reduce absenteeism should be as per OHS legislation.