The Republic of Korea INDUSTRIAL SAFETY AND HEALTH LAW (REVISED), Jan. 13, 1990 CHAPTER I--General Provisions ARTICLE 1. (PURPOSE) The purpose of this Law is to maintain and enhance the safety and health of workers by establishing standards concerning industrial safety and health, by clarifying where responsibility lies, by preventing industrial accidents, and by creating comfortable working environment. ARTICLE 2. (DEFINITIONS) The terms used in this Law shall be defined as follows: 1. "Industrial accidents" means that a worker dies, gets injured, or contracts a disease due to causes arising from duty-related things, such as construction sites or equipment, facilities, raw materials, gases, vapors, dust and others. 2. The term "workers" means workers as defined in Article 14 of the Labour Standards Law. 3. The term "employer" means a person who carries out an undertaking by employing workers. 4. The term "representatives" means persons who are trade union representatives, where a trade union is organised, or persons who represent the majority of workers where a trade union is not organised. 5. The term "measurement of the working environment" means that an employer establishes a plan to measure working environment of a specified work place and collect sample materials for analysis and examination in order to ascertain the actual conditions of the working environment concerned. 6. The term "safety and health inspection" means that a person designated by the Minister of Labour carries out an inspection and evaluation with a view to finding the healthy safety risks and hazards, and establishing measures for improvement of the environment and for preventing industrial accidents. 7. The term "serious accident" refers, among industrial accidents, to an accident of high intensity, such as any resulting in death, and so designated by the Ordinance of Ministry of Labour. ARTICLE 3. (SCOPE OF APPLICATION) 1. This Law shall be applied to all businesses or work places (here-in after referred to as "business"). However, it shall not be applied to those businesses specially designated in the Presidential Decree in consideration of the intensity of harmfulness and hazard, and the kind and scale, and location of work places. 2. This Law and Ordinances pursuant thereto shall be applied to the government, the local government and government- invested organisations. ARTICLE 4. (DUTIES OF THE GOVERNMENT) 1. The government shall have the duty of faithfully carrying out the following matters in order to accomplish the purpose referred to in Article 1. (1) Matters concerning the establishment, execution, coordination and control of plans for industrial safety and health. (2) Matters concerning the provision of work places with a frequent occurrence of accidents with support and guidance. (3) Matters concerning securing and improving the safety of machines, tools, facilities and equipment. (4) Matters concerning the establishment of safety and health standards for harmful or hazardous machinery, tools, equipment and facilities, substances and others and providing guidance for and supervision of such matters. (5) Matters concerning public education to promote safety and health awareness and an industrial accidents-free campaign. (6) Matters concerning the research and development of technology relating to safety and health, and the establishment and operation of facilities for this purpose. (7) Matters concerning the investigation of industrial accidents and the preservation of statistics about them (8) Matters concerning providing organisations relating to safety and health with support, guidance and supervision. (9) And other matters concerning measures for the prevention of hazards or and injuries to the health of workers. 2. The government shall work out appropriate measures to carry out activities referred to in the preceding paragraph 1, and when deemed necessary provide administrative and financial support to the Korea Industrial Safety Corporation (here-in-after referred to as the "Corporation") and to other relevant organisations or research institutes. ARTICLE 5. (OBLIGATIONS OF AN EMPLOYER) 1. An employer shall observe the standards for the prevention of industrial accidents prescribed in this Law and Ordinance. He shall make an effort to protect the lives of workers and to maintain and improve the industrial safety and health of workers by establishing a comfortable working environment by improving working conditions. Furthermore, he shall comply with the measures adopted by the government for the prevention of industrial accidents. 2. A person who designs, manufactures or imports machines, instruments and equipment, who manufactures or imports raw materials, or who designs or constructs construction objects shall make an effort to observe the standards prescribed in this Law and orders under this Law in designing, manufacturing importing and constructing to prevent the occurrence of industrial accidents caused by the use of such equipment. ARTICLE 6. (OBLIGATIONS OF WORKERS) Workers shall observe the standards for the prevention of industrial accidents provided by this Law and Orders under this Law and comply with the measures for the prevention of industrial accidents taken by the employer and other persons. ARTICLE 7. (INDUSTRIAL SAFETY AND HEALTH DELIBERATION COMMITTEE) 1. The Industrial Safety and Health Deliberation Committee (here-in-after referred to as the "Committee") shall be established as part of the Ministry of Labour in order to deliberate and co-ordinate the basic plans concerning industrial safety, health issues and other major policies with the central administrative agencies in accordance with the provisions set forth in paragraph 1 of Article 4 of this Law. 2. Matters concerning the organisation, function and operation of the Committee shall be determined in the Presidential Decree. ARTICLE 8. (ESTABLISHMENT AND ANNOUNCEMENT OF THE PLANS FOR PREVENTION OF INDUSTRIAL ACCIDENTS) 1. The Minister of Labour shall establish mid-term and long-term basic plans for the prevention of industrial accidents. 2. The Minister of Labour shall, after the deliberation of the Committee, announce its plans for the prevention of industrial accidents established under Paragraph 1 of this Article. He shall undergo the same procedure if plans are to be changed. ARTICLE 9. (REQUEST OF COOPERATION) 1. The Minister of Labour shall, when realizing the necessity for the efficient implementation of the industrial accident prevention plan, request cooperation in preventing industrial accidents from the heads of other related governmental bodies. 2. If the head of a related governmental body (excluding the Ministry of Labour) mentioned in the preceding paragraph wishes to make regulations concerning the safety and health of a work place, he shall deliberate with the Minister of Labour on such regulations beforehand. 3. When the Minister of Labour requests a change in the regulations during deliberation under the provision of the preceding paragraph, the heads of the related government bodies shall comply. In this regard, the Minister of Labour can, when deemed necessary, decide after reporting to the Prime Minister the matter which was deliberated and adjusted. 4. The Minister of Labour shall, in view of the necessity of preventing industrial accidents, make recommendations or requests concerning the necessary measures to employers, organisations of employers, or other people concerned. ARTICLE 10. (OBLIGATION OF REPORTS AND PRESENCE) Any employer and workers shall, without delay, report on necessary matters, or be present and answer questions, as provided by the Ordinance of the Ministry of Labour, in case the Ministry of Labour conducts an inquiry regarding the enforcement of this Law. ARTICLE 11. (ANNOUNCEMENT OF THE ESSENTIALS OF THE LAW AND ORDINANCES) 1. An employer shall keep workers informed of the essentials of this Law and Ordinances pursuant thereby by posting or placing them at the work place at all times. 2. Representatives of workers shall have the right to make a request to their employer to notify them of the contents or results of the following matters and the employer shall respond to the request faithfully. (1) Matters prescribed in the provisions of paragraph 1 of Article 20 (2) Matters prescribed in the provisions of paragraph 1 of Article 29 (3) Matters prescribed in the provision of paragraph 1 of Article 36 (4) Matters prescribed in the Article 41 (5) Other matters concerning safety and health determined by the Ordinance of the Ministry of Labour. ARTICLE 12. (POSTING SAFETY SIGNS) An employer shall, in accordance with the provisions determined by the Ordinance of the Ministry of Labour, post or place safety and health signs in order to warn workers against the harmfulness of a work place or against dangerous facilities, and to provide instruction on the measures to be taken in case of an emergency, with a view to promoting safety awareness. CHAPTER II--Safety and Health Management System ARTICLE 13. (SAFETY AND HEALTH MANAGER) 1. An employer shall assign a Safety and Health Manager (here-in-after referred to as "Manager") to manage the following matters generally. (1) Matters concerning the establishment of an industrial accident prevention plan (2) Matters concerning the formulation of safety and health management provisions under the provision of Article 20 (3) Matters concerning the education of workers on industrial safety and health (4) Matters concerning the inspection and improvement of the working environment in accordance with the provisions of Article 42, including the assessment of a working environment (5) Matters concerning the education of workers on industrial safety and health issues as provided for by the regulations of Article 43 (6) Matters concerning the investigation of the causes of industrial accidents and the establishment of countermeasures against their recurrence. (7) Matters concerning the statistics for industrial accidents (8) Matters concerning the proper specifications of goods and as safety and protective devices when purchasing them (9) Other matters necessary for preventing industrial accidents under the provisions of Chapter IV of this Law, and which the Ordinance of the Ministry of Labour determines as such. 2. The Manager shall command and supervise the Safety Manager and Health Manager under the provisions of Articles 15 and 16. 3. The kind and scale of a business to which a Manager shall be assigned shall be determined by Presidential Decree ARTICLE 14. (SUPERVISOR) 1. An employer shall have a supervisor (a supervisor refers to a person who is the head of a pertinent department in charge of directly commanding and supervising production works and workers in business organisations, or anyone who is in a position to carry out such duties. The same term shall be applied here-in- after) undertake the safety and health duties related to the business concerned. In such works as may require special measures to prevent hazards, the supervisor of the pertinent work shall be designated to be a safety officer to carry out the safety works. 2. The substance and type of safety and health work which the supervisor carries out and other necessary matters shall be determined by Presidential Decree. ARTICLE 15. (SAFETY MANAGER) 1. An employer shall assign a safety manager at the work place to assist the employer and the manager with the technical affairs concerning safety, including those listed in Paragraph 1 of Article 13, and to provide guidance and counsel on such matters to the supervisor and the safety officer. 2. The kind and scale of businesses at which safety managers are to be assigned and their number, qualifications, duties, authority and selection procedure, as well as other necessary matters shall be determined by Presidential Decree. 3. If it is necessary in order to prevent industrial accidents, the Minister of Labour shall order an employer to increase the number of safety managers or replace the current safety manager. 4. An employer whose business is of such kind and size as determined by Presidential Decree can entrust to a safety management agency chosen by the Minister of Labour (here-in-after referred to as "safety management agency" with the work of a safety manager. 5. The qualifications necessary to be designated a safety management agency, application procedures for such designation, the withdrawal of the designation, and other necessary matters shall be determined by Presidential Decree ARTICLE 16. (HEALTH MANAGER) 1. An employer shall assign a health manager at the work place to assist the employer and the general manager with technical affairs concerning health among those listed in the Paragraph 1 of Article 13, and to provide guidance and counsel on such matters to the supervisor and the safety officer. 2. The kind and scale of business at which a health manager is to be assigned and the number, qualifications, duties, authority and selection procedures for them, as well as other necessary matters, shall be determined by Presidential Degree. 3. The provisions of Paragraphs 3-5 of Article 15 shall apply to the health manager. In this respect, "safety management agency" is considered the same as "health management agency." ARTICLE 17. (INDUSTRIAL HEALTH DOCTOR) 1. An employer shall assign an industrial health doctor at the work place to take responsibility for the health care management of workers and to provide guidance to the health manager in carrying out his duties, unless the health manager is a doctor. 2. The kind and scale of business at which an industrial doctor is to be assigned and their number, qualifications, duties, authority and selection procedures, as well as other necessary matters, shall be determined by Presidential Decree. ARTICLE 18. (ALL-INCLUSIVE MANAGER FOR SAFETY AND HEALTH) 1. An employer who carries out his business whose trade belongs to construction or another trade determined by Presidential Decree, by his own undertaking and, on the other hand, by giving a contract of a part of the business to another person shall assign the manager of that business to be the All-inclusive Manager for Safety and Health to prevent industrial accidents which may occur when the works of the employer and of contractors working at the same place. In the case of a business which may not need to assign a manager, the person who generally manages the business shall be designated the All-inclusive Manager for Safety and Health. 2. Duties and authority of an All-inclusive Manager for Safety and Health and all other necessary matters concerning him shall be determined by Presidential Decree. ARTICLE 19. (INDUSTRIAL SAFETY AND HEALTH COMMITTEE) 1. An employer shall establish and operate an Industrial Safety and Health Committee which will be composed of the same number of people representing the workers and the employer to deliberate the matters described in Paragraph 1 of Article 13. However, at work places where a Labour Management Council has been established according to the provisions of the Labour Management Council Law, the pertinent Labour Management Council is considered to be the Industrial Safety and Health Council stated in this Law. 2. The kind and scale of business in which the Industrial Safety and Health Committee shall be established and matters concerning its formation and operation shall be determined by Presidential Decree. CHAPTER III--Safety and Health Management Regulations ARTICLE 20. (FORMULATION AND REPORT OF SAFETY AND HEALTH MANAGEMENT REGULATIONS) 1. An employer shall formulate Safety and Health Management Regulations including the following matters and report to the Minister of Labour with a view to ensuring safety and health at the work place. And the same procedures shall be taken when changes in such regulations are to be made. (1) Matters concerning the organisation of the Safety and Health Management System and its function (2) Matters concerning education about safety and health (3) Matters concerning safety management at the work place (4) Matters concerning health management at the work place (5) Matters concerning investigation into industrial accidents and the establishment of countermeasures against such accidents (6) Other matters relating to safety and health 2. The Minister of Labour can, when deemed necessary, order the employer to make changes in the Safety and Health Management Regulations. 3. The kind and size of the businesses which are required to formulate and report Safety and Health Management Regulations and other necessary matters shall be determined by Ordinance of the Ministry of Labour. ARTICLE 21. (PROCEDURES TO FORMULATE OR CHANGE SAFETY AND HEALTH MANAGEMENT REGULATIONS) 1. An employer shall, if he wishes to formulate or change the Safety and Health Management Regulations of Article 20, do so through the deliberation of the Industrial Safety and Health Committee under the provisions of Article 20. However, at a work place where an Industrial Safety and Health Committee is not established, the opinions of representatives of the workers shall be asked instead. 2. An employer shall submit a written opinion of the Industrial Safety and Health Committee or representatives of workers in accordance with the provision of Paragraph 1 of this Article when he reports the Safety and Health Management Regulations under the provision of Article 20. ARTICLE 22. (OBSERVATION OF THE SAFETY AND HEALTH MANAGEMENT REGULATIONS) 1. An employer and workers shall observe the Safety and Health Management Regulations. 2. Except for the regulations regarding safety and health management provided by this Law, the employment rules prescribed under the Labour Standard Law shall be applied unless the nature of the safety and health management regulations and employment rules are contradictory to each other. CHAPTER IV--Measures for Preventing Harm and Hazard Article 23. (Measures to Ensure Safety) 1. An employer shall take the necessary measures for the purpose of avoiding the following hazards which may occur in the course of conducting his business: (1) Hazards due to machines, instruments or other equipment (2) Hazards due to substances of an explosive, combustible, or inflammable nature (3) Hazards due to electricity, heat or other energy. 2. An employer shall take the necessary precautions in order to prevent any hazard from arising from a bad operational method in excavation, quarrying, stevedoring, timbering, transportation, operation, conveyance, dismantling, handling heavy objects, etc. 3. An employer shall take the necessary measures to prevent hazards at such places, as workers may fall, or as sand and earth and whatnot may collapse, objects may fall or fly, and risks exist throughout the performance of jobs due to natural disaster, etc. 4. The safety measures to be taken by the employer under the provisions of Paragraphs 1-3 of this Article shall be determined by Ordinance of the Ministry of Labour. ARTICLE 24. (MEASURES TO ENSURE THE HEALTH OF WORKERS) 1. An employer shall take the necessary measures as follows to prevent health impairment which may occur when carrying out his business: (1) Health impairments due to raw materials, gases, vapors, dusts, oxygen insufficiency in the air, pathogen and others. (2) Health impairment due to radiation, harmful rays, high temperature, low temperature, ultrasonic waves, noises, vibration, abnormal atmospheric pressure and others. (3) Health impairment due to gases, or liquid or solid wastes disposed of at the work place. (4) Health impairment due to watching monitoring gauges, operation of computer terminals, precision work. and others. 2. The health measures to be taken by the employer under the provisions of Paragraph 1-3 of this Article shall be determined by Ordinance of the Ministry of Labour. ARTICLE 25. (MEASURES AND OBSERVANCE) Workers shall observe the measures taken by the employer according to Articles 23 and 24 and determined by Ordinance of the Ministry of Labour. ARTICLE 26. (EMERGENCY STOP OF WORK) 1. An employer shall, in case there exists the emergent danger of an industrial accident or in the case of the occurrence of a serious accident, immediately stop work and take necessary measures for safety and health including the evacuation of workers from the work place. 2. The Minister of Labour can, in case a serious industrial accident has occurred, have a labour supervisor and a related specialist investigate the causes of the accident and conduct a safety and health examination. 3. The Minister of Labour shall determine the necessary measures to be taken to carry out activities in compliance with the provisions of Paragraph 2 of this Article. ARTICLE 27. (TECHNICAL GUIDANCES AND WORKING ENVIRONMENT STANDARDS) 1. The Minister of Labour, in accordance with Articles 23-26, may determine the technical guidelines and standards for the necessary working environment. 2. The Minister of Labour, realizing the necessity of establishing guidelines and standards in accordance with the preceding paragraph, may organise and operate a Standards Establishment Committee in each field. 3. The organisation and operation of the Standards Establishment Committee and other necessary matters related to the Committee shall be determined by Presidential Decree. ARTICLE 28. (PROHIBITION OF CONTRACT FOR HARMFUL WORK) 1. Among such works harmful or dangerous to the safety and health of workers, those determined by Presidential Decree shall not be separated and given to a contractor (including a sub-contractor) without a permit from the Minister of Labour. 2. The standards for safety and health measures to be observed in contracts for work deemed dangerous or harmful according to the provision of the preceding paragraph shall be determined by the Ordinance of Ministry of Labour. 3. The Minister of Labour shall conduct the safety and health examination in accordance with Article 49 when giving permission according to Paragraph 1 of this Article. ARTICLE 29. (SAFETY AND HEALTH MEASURES IN THE CONTRACT BUSINESS) 1. An employer who is obliged to assign an All-inclusive Manager for Safety and Health according to Article 18 shall take the following measures in order to prevent the industrial accidents which may occur when the workers he employs and the workers his contractor employs work together at the same place. (1) The establishment and operation of a conference organisation composed of employers (2) Safety and health management, including inspection of the workshops (3) Guiding and assisting in the education concerning the safety and health of workers by the related contractors (4) Any other necessary matters established by the Minister of Labour for the prevention of industrial accidents. 2. The contractor shall comply with the measures prescribed in Paragraph 1 unless there are any justifiable reasons for not doing so. 3. Any person who gives a contract for work such as construction shall not attach any conditions concerning the method or period of construction which may hinder the job performance of the contractor if it would otherwise be carried out in a safe and healthy way. ARTICLE 30. (APPROPRIATION OF SAFETY MANAGEMENT EXPENSES) 1. Any person who gives a contract to others and those who are engaged in construction work shall appropriate standard safety management expenses for the prevention of industrial accidents in accordance with the determination of the Minister of Labour when he signs the contract. 2. The contractor of those engaged in construction work shall not use the standard safety management expenses for other purposes. ARTICLE 31. (SAFETY AND HEALTH EDUCATION) 1. An employer shall, in compliance with the determination of the Ordinance of the Ministry of Labour, provide workers with safety and health education related to their jobs regularly. 2. When an employer recruits new workers or changes the contents of the work, he shall, in compliance with the determination of the Ordinance of the Ministry of Labour, provide the workers with safety and health education related to their new jobs. 3. An employer shall, in case he places workers in hazardous or harmful operations, provide the workers with special education on safety and health related to their pertinent jobs in accordance with the Ordinance of the Ministry of Labour. 4. An employer can assign an educational institute designated by the Minister of Labour (here-in-after referred to as the "designated educational institute") to conduct education on safety and health under the provisions of Paragraphs 1-3 of this Article. 5. The qualifications for an education institute to be designated, procedure of application for such designation, withdrawal of the designation and other related matters shall be determined by Ordinance of the Ministry of Labour. ARTICLE 32. (EDUCATION OF SAFETY AND HEALTH MANAGERS AND OTHERS) 1. Managers, safety officers, health officers, industrial health doctors, employees of safety and health agencies and others engaged in a business fixed by the Ordinance of the Ministry of Labour including employers, supervisors and safety managers, shall attend the safety and health education course conducted by the Ministry of Labour. 2. The institute and contents of the education prescribed in the Paragraph 1 of this Article and other matters related to the education shall be determined by Ordinance of the Ministry of Labour. ARTICLE 33. (PROTECTIVE MEASURES AGAINST HARMFUL OR HAZARDOUS MACHINERY, INSTRUMENTS AND OTHER MATERTALS) 1. Among the machines or instruments whose operation requires particularly harmful or hazardous work, or those machines operated by power, including the ones prescribed by Presidential Decree, unless protective measures which the Ministry of Labour will determine are taken regarding them, shall not be transferred, lent or installed or exhibited for the purpose of transfer or lending. 2. A person who lends to others the machines, instruments, facilities, structures or other things described in the Presidential Decree shall take the necessary measures prescribed by Ordinance of the Ministry to prevent hazards or health risks from their use. 3. A person who manufactures or imports protective equipment which is necessary for carrying out the protective measures described in Paragraph 1 of this Article shall conduct a performance test of such equipment, which will be carried out by the Minister of Labour. 4. In fulfilling the protective measures in accordance with Paragraph 1 of this Article, only that protective equipment that passed the test in accordance with the provisions of Paragraph 3 of this Article should he used 5. The performance, size and other necessary matters regarding the protective equipment prescribed in Paragraph 1 of this Article shall be determined by the Minister of Labour. ARTICLE34. (TEST OF HARMFUL OR HAZARDOUS MACHINES, INSTRUMENTS AND FACILITIES) 1. The Minister of Labour can determine the manufacturing and safety standards for harmful or hazardous machines, instruments and facilities. 2. A person who manufactures or imports machines, instruments or facilities shall not manufacturer or import machines, instruments or facilities which do not comply with the manufacturing and safety standards prescribed in the preceding paragraph. 3. Among the machines, instruments and facilities prescribed in paragraph 1, the Minister of Labour, when deemed necessary, can conduct tests on the design, finished product and performance of the ones, imported or manufactured, which are prescribed by the Ordinance of the Ministry of Labour. However, in case of products manufactured according to the specifications of an orderer, such tests shall be conducted on the orderer. 4. The Minister of Labour can order a person who manufactures or imports machines, instruments and facilities which have not passed the tests in terms of either design, finished product, or performance in accordance with the provisions of Paragraph 3, must stop manufacturing, importing, displaying, using, lending, or selling the goods. 5. A person who uses the machines, instruments or facilities prescribed in the provisions of Paragraph 3 must sass the periodical tests conducted by the Minister of Labour. 6. The standards, procedures and other matters necessary for performing the activities prescribed in Paragraphs 3 and 5 shall be determined by the Minister of Labour. ARTICLE 35. (INSPECTION OF PROTECTIVE DEVICES) 1. A person who manufactures or imports the protective devices designated by Presidential Decree which are necessary for the work of workers shall have them inspected by the Ministry of Labour in accordance with the Decree of the Ministry of Labour. However, protective devices which are of a higher quality than that prescribed by the standards set by the Minister of Labour, and which have already passed the quality inspection in accordance with the provisions of the Industrial Products Quality Control Law shall be exempt. 2. A person who manufactures or imports the protective devices prescribed in Paragraph 1 of this Article shall secure competent personnel and facilities as prescribed by the Decree of the Ministry of Labour. 3. Protective devices which have not been inspected in accordance with the provisions of Paragraph 1 of this Article shall not be transferred, lent or used, and shall not be exhibited for the purpose of sale or transfer. ARTICLE 36. (AUTONOMOUS INSPECTION OF EMPLOYER) 1. An employer shall have a qualified person as prescribed by the Decree of the Ministry of Labour periodically inspect the machines and instruments defined by the Ordinance of the Ministry of Labour, and shall file the record along with the opinion of the Industrial Safety and Health Committee on the results of the inspection. 2. An employer can assign an inspection institute designated by the Minister of Labour (here-in-after referred to as "designated inspection institute") to conduct the autonomous inspection prescribed in Paragraph 1 of this Article. 3. The qualifications necessary to be designated, the procedure of application for such designation, the withdrawal of the designation of an inspection institute, and other related matters shall be determined by the Ordinance of the Ministry of Labour. 4. The method, standards and other relevant matters regarding the autonomous inspection prescribed by the provisions of Paragraphs 1 and 2 of this Article shall be determined by the Minister of Labour. 5. A person who conducts an autonomous inspection at the pertinent work place in accordance with the provisions of Paragraphs 1 and 2 shall receive the necessary education according to the Ordinance of the Ministry of Labour. ARTICLE 37. (PROHlBITION OF MANUFACTURING AND OTHER ACTIVITIES) No person shall manufacture, import, transfer, supply or use yellow phosphorus matches, benzine, preparations containing benzine, or other substances recognizably harmful to workers, as determined by Presidential Decree. However, in cases when substances are manufactured or imported for the purpose of research or laboratory work, exceptions will be made. ARTICLE 38. (APPROVAL OF MANUFACTURE) 1. Any person who wishes to manufacture or use dinitrobenzene, preparations containing benzine or other substances denoted in the Presidential Decree which are harmful or dangerous to the health of workers must obtain approval beforehand from the Minister of Labour in compliance with the Ordinance of the Ministry of Labour. The same procedure shall be used when one wishes to make changes in previously-approved matters. 2. The standards for manufacturing, facilities to be used, operational method and other related matters for the substances prescribed by the provisions of Paragraph 1 shall be determined by the Minister of Labour. 3. A person who was granted approval in accordance with the provisions of Paragraph 1 (here-in-after referred to as the "manufacturer and user of substances'' shall maintain manufacturing facilities and other facilities in use according to the standards prescribed in the provisions of Paragraph 1. He shall also manufacture or use such substances in a manner complying with the said standards. 4. The Minister of Labour can, upon gaining knowledge of the manufacture or use of substances in a manner incompatible with the standards prescribed by Paragraph 2, order the manufacturer to repair or rebuild the manufacturing facilities or move the location of the facilities. The Minister of Labour can also order the manufacture or use of the said substances to be completed in a manner incompatible with the pertinent standards. 5. In case the manufacturer and user of substances violates the provisions of Paragraphs 3 and 4, the Minister of Labour can withdraw its approval or order the suspension of operation of the business for a period not exceeding 6 months. 6. The appliation procedure for approval, withdrawal of approval, suspension of operation of the business and other related matters shall be determined by the Ordinance of the Ministry of Labour. ARTICLE 39. (THE LABELLING OF HARMFUL SUBSTANCES) A person who transfers or supplies benzene, preparations containing benzene, or other substances denoted in the Presidential Decree which are harmful or dangerous to workers and may cause injuries to health, or who transfers or supplies substances mentioned in Paragraph 1 of Article 38 in any container or packages, shall include on the label the following information, in accordance with the Ordinance of the Ministry of Labour, on the container or package: (1) Name (2) Components and contents (3) Effects on the human body (4) Matters of caution and points of action in case of an emergency or accident during storage or handling (5) Other matters determined by the Ordinance of the Ministry of Labour. ARTICLE 40. (TOXICITY TEST FOR A CHEMICAL AGENT) 1. An employer who wishes to manufacture or import, among chemical agents (including those whose names are announced in accordance with the provisions of Paragraph 3 of this Article), the ones determined by Presidential Decree (here-in-after referred to as "new chemical agents"), shall conduct a toxicity test before hand and shall submit the new chemical agent concerned and a report on the result of the toxicity test to the Minister of Labour. However, cases falling under the following categories shall be exempt: (1) Any case in which the Minister of Labour confirms that there is no toxicity included with the new chemical agent in question and that there exists no risk of workers' being exposed to the new chemical agent concerned (2) In any case in which the new chemical agent in question is manufactured or imported for the purposes of research or laboratory tests. (3) In any case in which the new chemical agent in question is imported to be provided for general consumers' use in everyday life and is determined as such by the Ordinance of Ministry of Labour. (4) Any case involving the import of new chemical agents which is designated exempt by the Ordinance of the Ministry of Labour. 2. An employer who has conducted a toxicity test in compliance with the provisions of Paragraph 1 shall, according to the results of the test, take the necessary steps immediately to prevent injury to workers' health due to the new chemical agent in question. 3. The Minister of Labour, upon receiving the report of the results of the toxicity test for the chemical agent, in accordance with the provision of paragraph 1, shall announce the name of the new chemical agent and notify the related organisations in compliance with the Ordinance of the Ministry of Labour. 4. The Minister of Labour, upon receiving the report of the results of the toxicity test for the chemical agent, in accordance with the provision of paragraph l, can order the employer concerned to maintain or install facilities and equipment, and keep protective devices, after hearing the opinions of those who have profound knowledge and experiences in the field in accordance with determination of the Minister of Labour. ARTICLE 41. (AUTONOMOUS INVESTIGATION AND MEASURES OF AN EMPLOYER) An employer who wishes to manufacture, use, store, transport or transfer chemical substances and preparations containing chemical substances which are harmful to workers' health shall investigate the toxicity level in advance and take the necessary measures, including installing and maintaining facilities and equipment and providing protective devices to protect the safety of workers. CHAPTER V--Health Management of Workers ARTICLE 42. (ASSESSMENT OF THE WORKING ENVIRONMENT) 1. Respecting work places in which harmful works are performed and which are designated by Ordinance of the Ministry of Labour, an employer shall have a person with qualifications prescribed by the Ordinance of the Ministry of Labour evaluate the working environment, file a record of the results and report the results to the Minister of Labour. In Evaluating the working environment, the employer shall have representatives of the workers present if there is such a request from the representative of the workers. 2. The method and the frequency of the evaluation of the working environment and other related matters mentioned in Paragraph 1 of this article shall be determined by the Minister of Labour. 3. An employer shall notify the workers at the workplace evaluated the results of assessment of the working environment in compliance with Paragraph 1, and he shall, according to the results, take appropriate steps to protect the health of workers concerned, including installation or improvement of the facilities and equipment concerned, etc. 4. An employer can assign an evaluating institute, as so designated by the Minister of Labour in accordance with the provisions of Paragraph 1 (here-in-after referred to as the "designated measurement institute") to assess the working environment. 5. The qualifications necessary to be designated as an evaluating institute, the procedures of such designation, withdrawal of the designation, and other related matters shall be determined by the Ordinance of the Ministry of Labour. ARTICLE 43. (HEALTH EXAMINATION) 1. An employer shall provide his workers with a health examination periodically. The same shall be complied with when he employs new workers. 2. Workers shall have health examinations conducted by the employer in accordance with the provisions of Paragraph 1. However, in case a worker refuses to be examined by the physician (including dentist) designated by the employer, he may go through the health examination equivalent to the examination set forth in Paragraph 1 by another physician and submit a document certifying the results to the employer. 3. The employer shall, when he conducts the health examination in accordance with Paragraph 1 (excluding the examination at employment) notify the worker of the results and report them to the Minister of Labour immediately. 4. The employer shall, when he deems it necessary for the health management of workers after referring to the results of the health examination conducted in accordance with the provisions of Paragraph 1, take appropriate measures, including changing of the worker's workplace, shifting the type of work, reducing the working hours, or installing or changing facilities and equipment, etc. 5. The Minister of Labour has the authority, if necessary for the protection of workers, to instruct the employer to conduct an extraordinary health examination for a particular worker. 6. The frequency of health examinations, equipment used in the health examination, expenses of the health examination, the designation of the standards of the medical institutions performing the examination, and other related matters shall be determined by the Ordinance of the Ministry of Labour. ARTICLE 44. (HEALTH MANAGEMENT POCKETBOOK) 1. When a worker who has been engaged in business which encompasses a risk of injury to his health, and is determined as such by the Ordinance of Ministry of Labour, transfer jobs, the Minister of Labour shall issue the Health Management Pocketbook to that worker. 2. The worker given the Health Management Pocketbook in accordance with the provisions of Paragraph 1 shall not transfer or lend the Health Management Pocketbook to others. 3. The contents, format, and use of the Health Management Pocketbook and other related matters shall be determined by the Ordinance of the Ministry of Labour. ARTICLE 45. (PROHIBITION OF RESTRICTION OF WORK BY THE SICK) 1. An employer shall, in accordance with the physician's diagnosis, prohibit or restrict the sick worker's labour, in case the worker has contracted a contagious disease, psychosis or another disease which may become progressively worse by continuing the work and those defined in the Ordinance of the Ministry of Labour. 2. The employer shall, when the worker whose labour was prohibited or restricted, in accordance with the provisions of Paragraph 1, recovers his health, return him to work promptly. ARTICLE 46. (RESTRICTION OF THE EXTENSION OF WORKING HOURS) An employer shall not have workers engaged in work which is considered harmful or hazardous for more than 6 hours a day and 34 hours a week, as determined by Presidential Decree. ARTICLE 47. (RESTRICTION ON EMPLOYMENT BASED ON QUALIFICATIONS AND THE LIKE) 1. For work which is harmful or hazardous as defined by the Ordinance of the Ministry of Labour, an employer shall not employ any person without the qualifications, license, experience, or skills suitable for that work. 2. The Minister of Labour has the authority to designate an educational institute for the purpose of training workers so that they may acquire the qualifications, skills, or license prescribed by Paragraph 1 of this Article. 3. The qualifications, license, experience or skill and the designation of the educational institute mentioned in the provisions of Paragraphs 1 and 2 shall be determined by the Ordinance of the Ministry of Labour. CHAPTER VI--Supervision and Order ARTICLE 48. (SUBMISSION OF A HARMFULNESS AND HAZARD PREVENTION PLAN) 1. An employer of a business falling under the kind and scale determined by the Ordinance of the Ministry of Labour, in case he establishes or moves any structure, machines, facilities and equipment or is to change a major part of any structure related to the business, shall submit, not later than 60 days prior to undertaking the change, to the Minister of Labour a plan relating to the prevention of harm and hazards (here- in-after referred to as "Harmfulness and Hazard Prevention Plan) in accordance with this Law and the Presidential Decree. 2. The provisions of Paragraph 1 of this Article apply to an employer who wishes to establish, move or change a major part of the firm's machines, instruments, facilities and the like, the use of which entails harmful or hazardous operation or which are used at harmful or hazardous places, or which are used for the purpose of preventing health injuries, as designated by the Ordinance of the Ministry of Labour. 3. An employer who wishes to start construction work of a size determined by the Ordinance of the Ministry of Labour shall submit the Harmfulness and Hazard Prevention Plan 60 days prior to the commencement of the construction to the Minister of Labour in accordance with this law. 4. The Minister of Labour can, after examining the Harmfulness and Hazard Prevention Plan described in Paragraphs 1-3, order the employer to suspend the start of work or to alter the plan, in case it is necessary for the safetY and health of workers. 5. An employer who has submitted a Harmfulness and Hazard Prevention Plan in compliance with the provisions of Paragraphs 1-3 shall have the approval of the Minister of Labour in accordance with the Ordinance of the Ministry of Labour. ARTICLE 49. (SAFETY AND HEALTH INSPECTION) 1. The Minister of Labour shall have the authority to have such work places as designated under the Ordinance of the Ministry of Labour undergo a safety and health inspection conducted by a person chosen by the Minister of Labour. 2. The employer shall fully cooperate with the safety and health inspection and shall not reject or evade the inspection without justifiable cause. 3. The matters necessary for carrying out the inspection referred to in the provisions of Paragraph 1 of this Article shall be determined by the Ordinance of Ministry of Labour. ARTICLE 50. (SAFETY AND HEALTH IMPROVEMENT PROGRAM) 1. The Minister of Labour can, if it considers it necessary to take comprehensive measures for the prevention of industrial accidents respecting the work place, facilities or other matters, order an employer to establish and implement a safety and health improvement programme related to the work place, facilities, or other matters in compliance with the provisions of the Ordinance of the Ministry of Labour. 2. The Minister of Labour can, if considered necessary, order an employer to establish a safety and health improvement program after performing the safety and health inspection described in Paragraph 1 of Article 49 when the Minister of Labour gives an order under the provisions of Paragraph 1 of this Article in compliance with the provision of the Ordinance of the Ministry of Labour. 3. An employer shall, before establishing the Safety and Health Improvement Programme prescribed in Paragraph 1, hear the opinion of the Industrial Safety and Health Committee. However at a work place where an Industrial Safety and Health Committee does not exist, the employer shall hear the opinion of representatives of the workers. 4. The employer and workers shall observe the Safety and Health Improvement Programme. ARTICLE 51. (SUPERVISORY MEASURES) 1. The Labour Inspector under Article 102 of the Labour Standard Law can, if he considers it necessary to implement this Law or orders under this Law, visit the work place concerned and ask related persons questions, inspect the books, documents and other materials, check the working environment and collect, free of charge, products or raw materials within the limits necessary for the inspection. 2. The Minister of Labour can, if he considers it necessary for the Corporation to exercise the right entrusted to it under the provisions of Article 65, have staff of the Corporation visit the work place to carry out an inspection and give guidance necessary for preventing industrial accidents. 3. The staff of the Corporation shall, when it has carried out an inspection or provided guidance in accordance with the provisions of the preceding Paragraph 2, make a report on the results of such activities to the Minister of Labour. 4. The person who makes a visit to the work place in accordance with the preceding Paragraphs 1 and 2 shall carry an identification card and show it to the proper person. 5. The Minister of Labour can, if he considers it necessary after referring to the results of the inspection carried out in accordance with the preceding Paragraphs 1 and 3, order the employer to replace or forbid the use of, or halt or improve the construction of its annex, machines, instruments, facilities or raw materials. 6. The Minister of Labour can, if he judges that despite the order made under the provisions of Paragraph 5, the dangers were not removed or improceed, order a suspension of the operation related with machines or facilities in question in part of in whole. 7. The Minister of Labour can, if he deems it necessary, in cases stated in Paragraphs 1 and 3, to prevent industrial accidents, order workers to take proper measures, such as the observance of safety and health management regulations. ARTICLE 52. (REPORT TO THE SUPERVISING AUTHORITY) 1. In cases where there are violations against this Law or Orders under this Law at a work place, a worker can report such a fact to the Minister of Labour or the Labour Inspector. 2. An employer shall not fire or treat unfairly the worker who made the report referred to in the proceeding Paragraph 1. CHAPTER VII--Industrial Accident Prevention Fund ARTICLE 53. (ESTABLISHMENT OF THE FUND) 1. The government shall establish the Industrial Accident Prevention Fund (here-in-after referred to as the "fund") in order to carry out industrial accidents prevention projects efficiently. 2. The fund shall be raised from the following sources: (1) One-twentieth or more of the total estimated expenditures in accordance with the Special Public Accounts Law of Industrial Accidents Compensation Insurance. (2) Contributions and donations from the government and others (3) Loans (4) Proceeds from the Fund (5) Other income fixed by President Decree. 3. The government shall, in accordance with the Special Accounts Law of Industrial Accidents Compensation Insurance, earmark contributions to the Fund within the limit of three percent of the total estimated expenditure for every fiscal year budget. ARTICLE 54. (MANAGEMENT AND EMPLOYMENT OF THE FUND) The Minister of Labour shall manage and employ the Fund. ARTICLE 55. (FUND EMPLOYMENT PLAN) 1. The Minister of Labour shall establish, every fiscal year, a Fund Employment Plan for the next fiscal year. 2. The Minister of Labour shall establish the Fund Employment Plan in accordance with the provisions of the preceding Paragraph 1, after deliberation with the Industrial Safety and Health Deliberation Committee and in consultation with the Ministers of the Economic Planning Board and Finance. The same procedure shall be taken if any changes are made. ARTICLE 56. (EXPENDITURE OF THE FUND) The Fund shall be used for the following purposes. (1) Contributions to the Management Fund of the Korea Industrial Safety Corporation in accordance with the Korea Industrial Safety Corporation Law (2) Expenses necessary for the maintenance of facilities used to prevent industrial accidents (3) Expenses necessary for carrying out relevant projects for preventing industrial accidents, entrusted business to the non-profit juridical person and management of the Fund (4) Other expenses incurred in the process of carrying out projects for preventing industrial accidents which are designated by the Minister of Labour. 2. Other necessary matters concerning the criteria for calculating such expenses and the procedures to supply the Fund in accordance with the clauses of the preceding Paragraph 1 shall be decided by the Minister of Labour. ARTICLE 57. (FISCAL YEAR) The fiscal year for the Fund shall be the same as the fiscal year of the Government. ARTICLE 58. (EMPLOYMENT OF THE FUND, ETC.) 1. In respect to the employment of the Fund, the maximum proceeds shall be secured and operated in the following manner: (1) Deposits to financial institutions and the Ministry of Communications Institution prescribed in the Bank Law and other relevant laws (2) Purchase of bonds issued by the central and local governments (3) Purchase of bonds for which repayment is guaranteed by financial institutes prescribed by the Bank Law or other relevant laws or by a person designated by Presidential Decree (4) Other methods determined by Presidential Decree. 2. The accounts of the Fund shall be kept according to the principles of cash accounts. 3. Any surplus left after setting accounts may be set aside as the Fund Reserve. 4. Matters necessary for the employment of the Fund Reserve and surpluses shall be determined by the Ordinance of Ministry of Labour. ARTICLE 59. (ACCOUNTANT OF THE FUND) 1. The Minister of Labour shall designate, among the Ministry of Labour officials, an accounting official to be in charge of examining the grounds for expenditure of the Fund and collecting the Fund and a treasurer in charge of the Fund's accounts who will be responsible for the management of revenues from and expenditure of the Fund. 2. Among the laws concerning the responsibilities of accounting officials, the provisions concerning a financier and a revenue official shall apply to the chief accounting official and the provisions concerning the official in charge of expenditure and treasurY shall apply to the treasurer of the Fund ARTICLE 60. (ESTABLISHMENT OF AN ACCOUNTS FOR THE FUND) The Minister of Labour shall have the treasurer of the Fund establish an account for the Industrial Accidents Prevention Fund with the Bank of Korea. .