• 한국산업보건학회지
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• 제24권1호
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• pp.1-13
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• 2014

Objectives: The purpose of this study is to review the debate on the Article 28(Prohibition of Inhouse-Contract for Harmful Work) of the Industrial Safety and Health Law. Methods: Literatures and recent debate for prohibition and permission of inhouse-contract for harmful work were reviewed. Proposals of revision for the Article 28 of the Industrial Safety and Health Law were also reviewed. Results: It was not found reasonable to revise the Article 28 based on increased fatal accidents or diseases in the electroplating work and heavy metals handling works that are currently listed in the Presidential Decree under the law as the harmful works. Regulation types of prohibition or authorization for any harmful work shall have inherently poor coverage since the scope of application is extremely limited. Contractors for maintenance and repair of chemical facilities may not be included in the scope of application if the harmful works are defined as chemical handling works. If harmful works are prohibited, the contractor workers may loose their jobs. Therefore, it is necessary to consider balancing job security and occupational safety and health safety. Conclusions: Various limitations were found in the Article 28 and the proposals to revise it. Currently in-house subcontracting is widely spread in the workplace. Therefore, it may be inappropriate to set one or two Article such as the Article 28 and 29 to protect in-house subcontract workers from injury and illness. It is believed that it needs fundamental redirection and new approach with new paradigm to impose occupational safety and health duty to prime contractors.

• 한국안전학회지
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• 제22권4호
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• pp.72-82
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• 2007

The purpose of this study is to put forward revitalization of the Honorary Industrial Safety Inspector System by using the survey(2006.05) of the Honorary Industrial Safety Inspector in the Construction Industry. It can be summarized to develop the system as the following: 1) If there are neither labor union nor representative of workers in a company, workers must elect the representative of workers at first and then recommendation of the honorary industrial safety inspector by the representative of workers, 2) It should regulated in the industrial safety and health act about the tenure of the representative of workers and the process of election, 3) Prohibition the honorary industrial safety inspector as the employer members in the Industrial Safety and Health Committee and exclusion of both main office supervisor and subcontract-company supervisor from the appointment of the honorary industrial safety inspector, 4) Measures to realize the prohibitive regulation of unfavorable treatment on the grounds that the inspector has performed legitimate activities as an Honorary Industrial Safety Inspector, 5) Statutory regulation of the educations' hours(primary education & professional education), 6) Specification of the professional education and increase of the frequency, 7) Support of the government(the Ministry of Labor) to revitalize the honorary industrial safety inspector system, 8) Put in a statutory form the regular hours to carry out the work of the honorary industrial safety inspector in the workplace.