In front of the enforcement of the Serious Disaster Punishment Act, I hope for the tripartite government

The Serious Accident Punishment Act comes into effect on the 27th. Attention is paid to whether the law will settle well or whether the purpose of the law, which is to prevent industrial accidents by severely punishing the management responsible for causing serious accidents, will be properly revived. We have heard from labor-management organizations and experts about what the tripartite government should do when the new system is implemented.

Must comply with obligations and prepare for implementation in workplaces with fewer than 50 employees
Kwang-il Kim, Head of Occupational Safety and Health Division, Korea Federation of Trade Unions

Kwang-il Kim, Head of Occupational Safety and Health Division, Korea Federation of Trade Unions

First of all, I would like to express my condolences and heartfelt condolences to the workers and their families who went missing or died in the Gwangju apartment collapse on the 11th. We hope that the missing workers return safely.

Hope for the business world After the Promulgation of the Serious Accident Punishment Act, some law firms and the media delivered misinformation and created a sense of fear, so companies are strengthening legal means to avoid strife rather than strengthening their safety and health capabilities. It is the wrong preparation of the Serious Disaster Punishment Act. It should be emphasized that it is important to comply with the obligation to secure safety and health and to establish a safety and health management system to prevent serious accidents.

hope the government It is only two years away from the enforcement of the Severe Accident Punishment Act for workplaces with fewer than 50 workers, which account for the majority of all industrial accidents. It has already been a year since Article 16 of this Act (government support) came into effect with the promulgation of the Serious Disaster Punishment Act last year. In preparation for the enforcement of the Serious Disaster Punishment Act, the government provided information, on-site support, and publicity, but I think it was insufficient.

An innovative industrial accident prevention policy is needed. In particular, it is urgent to secure a budget for the prevention of industrial accidents. The industrial accident prevention measures agreed by the tripartite government should be implemented. In the case of the expansion of the government’s industrial accident prevention general accounting, an agreement was reached on a total of three occasions, but it has not been implemented. The agreement must be implemented so that workplaces with fewer than 50 employees can comply with their health and safety obligations.

The Serious Accident Punishment Act was enacted as a result of lobbying by the business community and the government’s bureaucratic thinking. The obligation of the orderer and supervisor, which was deleted from the original draft, is pointed out as a problem in the collapse of the demolished building in Gwangju in June of last year and the collapse of the apartment in Hwajeong-dong in Gwangju in January of this year. The business community and the government that have retreated from the Serious Accident Punishment Act have unlimited responsibility. The Federation of Korean Trade Unions will actively promote supplementary legislation and revision activities, such as defining a business manager and excluding the application to workplaces with fewer than 5 employees, to revive the effectiveness of the receding Act on the Punishment of Serious Accidents.

In order to succeed in the Serious Accident Punishment Act, the Occupational Safety and Health Act must be complied with.
Taeseon Kang Professor, Semyung University (Health and Safety Engineering)

▲ Professor Taeseon Kang, Semyung University (Health and Safety Engineering)
▲ Professor Taeseon Kang, Semyung University (Health and Safety Engineering)

If the Serious Accident Punishment Act is a highway, the Occupational Safety and Health Act is a national road. When the Serious Accident Punishment Act is enacted, the Ministry of Employment and Labor should make every effort to enforce the Occupational Safety and Health Act above all else. Even if the expressway is opened, the time to reach the destination does not change unless the national road is improved or the signal system is made more efficient.

It is up to labor supervision to ensure that employers comply with the Occupational Safety and Health Act. Occupational safety and health regulatory policy requires OSH supervision based on ‘strategic planning’. So far, there has been no strategy in the relevant regulatory policy. Naturally, proper evaluation was lacking, and it was difficult to expect efficiency and effectiveness. In order to implement professional regulatory policies in the long term, reorganization into an external agency such as the Occupational Safety and Health Administration is urgently needed.

The Serious Accident Punishment Act has many things that need to be improved through implementation. We hope that the prosecution and the Ministry of Labor will not focus on the specific contents of this law, but seek to improve their professionalism by understanding the general principles of occupational safety reflected in the ‘safety and health management system’ of the law. Rather than focusing only on the results of prosecution and prosecution, we need to think about how the overall judicial process, including investigations, contributes to prevention.

The ultimate purpose of this law is to prevent serious accidents, not to punish those in charge of management. With the enactment of the Serious Accident Punishment Act, the basis for triggering the interest and effort of the most important leaders for the prevention of industrial accidents has been prepared. Business leaders are now starting to recognize occupational safety as an important value. What I want to emphasize is that the leader’s interest and effort is a key factor in preventing industrial accidents, but it is not everything. Organizations must change around leaders. Larger organizations require more time. We hope that workers will monitor how the overall management manager’s attitude and behavior regarding occupational safety is changing over the next year, rather than being limited only to the indicators of judicial processing such as the prosecution, prosecution, and imprisonment of the management manager of the company in which the major accident occurred. .

In addition, please do not forget that the Occupational Safety and Health Act, which applies to all workplaces where no accidents have occurred, is the most important law to prevent industrial accidents. It is necessary for the prevention of industrial accidents to entrust the matters of the Occupational Safety and Health Act to the Occupational Safety and Health Act. For example, it is incorrect to claim that chronic occupational diseases are included in the scope of ‘serious industrial accidents’. Exposing hidden chronic occupational diseases is a challenge facing industrial accident prevention, but it can be difficult.

Listen to workers’ opinions and properly investigate and punish
Choi Myung-seon, head of the Labor Safety and Health Office, Confederation of Trade Unions

▲ Choi Myung-sun, head of the Labor Safety and Health Office, Confederation of Trade Unions (KCTU)
▲ Choi Myung-sun, head of the Labor Safety and Health Office, Confederation of Trade Unions (KCTU)

Hope for the business world Prior to the enforcement of the law, we should focus on legal responses to avoid criminal punishment rather than preparing for disaster prevention, and immediately stop the attitude that misleads the purpose and content of the law and calls for corruption and neutralization. Above all, it is necessary to create a structure to discuss the needs of workers, subcontractors, and special employment workers who are well aware of the risks in the field, to check together, and to ensure that the demands are fulfilled. The first step is to ensure that the right to stop work for imminent danger or hazardous work is actually realized at the site. Second, manpower and budget execution for disaster prevention should be made practical. The biggest cause of serious accidents is that two-person work does not work, and safety personnel for hazardous work are not properly assigned. The finances for the legal advisory contract should be redirected to securing manpower for disaster prevention. Third, ensure that the duties of the person in charge of management are fulfilled for all employees, including subcontractors and specially hired workers, and prepare standards for safety and health costs, construction period, and ship construction period for subcontracting and consignment by collecting sufficient opinions and have to be implemented.

hope the government Above all, strict law enforcement should ensure that proper investigations and prosecutions are practically carried out. There should be no arbitrary omission of investigations into deaths due to overwork or occupational diseases, or the government’s narrow interpretation of safety and health-related laws that companies must comply with. Second, the Severe Accident Punishment Act is a statute related to punishment. In order to prevent accidents, it is necessary to immediately revise the Industrial Safety and Health Act based on the purpose of the Act on the Punishment of Serious Accidents. The government’s support project or budget for small and medium-sized businesses is highly likely to end as a one-time project. In order to establish a safety and health management system for workplaces with fewer than 50 employees, which account for 80% of serious industrial accidents, legal and institutional reforms, including the joint safety and health management system, should be urgently carried out. Third, the government, local governments, and public institutions are also in charge of management in relation to serious industrial accidents and serious civil accidents. As a business manager as stipulated in the law, he is a party to the performance of his duties. It must fulfill its obligations as a party.

Let’s be faithful to our roles and responsibilities rather than shifting responsibility
Im Woo-taek, Head of Safety and Health Headquarters at the Korea Gyeonggi Federation

Im Woo-taek, Head of Safety and Health Headquarters at the Korea Gyeonggi Federation
▲ Im Woo-taek, Head of Safety and Health Headquarters at the Korea Gyeonggi Federation

As the Enforcement of the Serious Disaster Punishment Act is imminent, the faces of companies are getting darker. They are still complaining that it is difficult to understand where and how to comply with this law in the field. The harder it is to understand, the harder it is to prepare. In the aftermath of the recent construction accidents, the industry’s anxiety about accidents is at its peak.

The government emphasizes that the law is aimed at preventing industrial accidents rather than punishment. However, from the company’s point of view, the CEO is exposed to a tremendous risk that the CEO may be arrested or punished in the event of an accident due to unclear legal regulations and ambiguity in interpretation. As we have already witnessed, when news of an industrial accident is reported, the demand for the primary agency to be held accountable and harsher punishment rather than analyzing the causes of individual accidents increases. Although the Serious Accident Punishment Act has not yet been enforced, socially, more severe punishment than the law has already been applied to companies in which accidents occur.

How much higher should corporate responsibility and punishment be raised to solve this problem? It is a time when we all need serious consideration. We must not ignore the reality that even though stronger laws have been enacted and amended than ever before, such as strengthening the responsibility and punishment of the prime minister in recent years, the expected reduction in the number of accidental deaths has not been achieved. Due to the current unilateral transfer of responsibility policy, the effect of preventing industrial accidents is clearly limited.

In a nutshell, no company wants workers to die. Companies, too, desperately want industrial accident prevention more than anyone else and need help. The government asks that not only workers but also workplaces to approach the target to help raise the level of safety management and promote active support activities. We ask that the labor community also cooperate with employers to keep our workplaces safe, and add strength to accident prevention with a high safety awareness. The safety of all of us will also be protected when the tripartite government and the government are faithful to their respective roles and responsibilities while always remembering the lesson of the broken life.

Reference-www.labortoday.co.kr

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