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Asbestos Convention, 1986 (No. 162) - Republic of Korea (Ratification: 2007)

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Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

The Committee notes the observations of the Federation of Korean Trade Unions (FKTU) and the Government’s reply thereto, both received with the Government’s report on 4 September 2014, concerning the detection of asbestos at worksites. Noting that this Convention applies to the occupational exposure to asbestos, the Committee will examine this question in its comments on the application of the Occupational Safety and Health Convention, 1981 (No. 155).

Article 3 of the Convention. Periodical review of the national legislation. The Committee notes that the Occupational Safety and Health Policy Deliberation Committee was disestablished and its functions absorbed by the Deliberation Committee on Industrial Accident Compensation Insurance and Prevention, set up by virtue of section 8 of the Industrial Accident Compensation Insurance Act. It also notes that an expert committee on occupational safety and health (OSH), established within this Deliberation Committee, holds regular meetings during the year with the social partners with a view to reviewing and adjusting mid-term and long-term basic plans on occupational accident prevention and related major policies. The Committee requests the Government to provide information on any specific measures taken by this Committee to elaborate laws or regulations aimed at the prevention and control of, and protection of workers against, health hazards due to occupational exposure to asbestos.

Article 6(3). Procedures for dealing with emergency situations. In reply to the Committee’s last comment, the Government indicates that under section 482 of the Regulations on Occupational Safety and Health Standards, in workplaces manufacturing or using asbestos, employers shall elaborate specific emergency procedures and inform workers. It adds that by virtue of section 19 of the Act on Occupational Safety and Health (OSH Act), regulations on safety and health management shall be discussed and adopted by OSH committees established in undertakings or in their absence, by agreement between the employer and workers’ representatives. The Committee requests the Government to supply a copy of the Regulations on Occupational Safety and Health Standards.

Articles 10 and 12. Prohibition of the use of asbestos. In reply to the Committee’s previous comment, the Government indicates that spraying of all forms of asbestos is prohibited. With regard to the regulation of the use of asbestos, it indicates that specific uses of asbestos (for instance gasket material containing asbestos) are permitted in the chemical industry. The Government also refers to technical measures to reduce exposure to asbestos in workplaces, established under sections 477 and 497(3) of the Regulations on Occupational Safety and Health Standards. The Committee requests the Government to indicate the specific provisions under which the spraying of asbestos is prohibited and to supply a copy of the Notification on the prohibition of manufacture, import, transfer, supply and use of asbestos-containing products, referred to in the Government’s report. The Committee also requests the Government to provide information on the type and duration of derogations granted in the chemical industry and on any measures, taken or envisaged, aimed to replace asbestos or products containing asbestos with harmless or less harmful products, as prescribed by Article 10(a) of the Convention.

Article 13. Notification of certain types of work involving exposure to asbestos. Further to its previous comment requesting information on types of work involving exposure to asbestos, other than the dismantlement and removal of asbestos from buildings where notification to the competent authority is required and the type of information that is to be supplied in such notifications, the Committee notes the additional information provided by the Government concerning the notification of works of dismantlement and removal of buildings with asbestos-containing material. In the absence of the Government’s reply on this point, the Committee once again requests the Government to provide information on any other types of work involving exposure to asbestos where notification to the competent authority is required.

Articles 17 and 19. Demolition and removal of asbestos and disposal of waste containing asbestos. In its report, the Government indicates that employers are required to draw up a plan on asbestos removal and to inform workers of the content of this plan. It also mentions several measures aimed at protecting workers from exposure to asbestos at worksites. The Committee however notes that the Government did not attach the legislative and regulatory texts to which it refers in its report. In order to evaluate the effect given by these texts to Articles 17 and 19 of the Convention, the Committee requests the Government to provide a copy of the Enforcement Regulation of the Act, the Asbestos Safety Management Act and the Waste Control Act.

Article 18. Work clothing and special protective clothing. Further to its previous comment in which it took note of the duties of supervisors concerning the provision of personal protective equipment, the Committee notes the Government’s indication that pursuant to section 33 of the Regulations on Occupational Safety and Health Standards, employers are required to frequently inspect, repair or replace and manage protective equipment. The Committee requests the Government to provide additional information on the measures taken to ensure the full application of Article 18 of the Convention, particularly in relation to measures regarding the storage, cleaning and maintenance of protective clothing, the prohibition on workers taking it home and the handling and cleaning of used protective clothing by the employer.

Article 20(4). Right to request monitoring of the working environment and right to appeal to the competent authority concerning results. In its report, the Government indicates that workers are entitled to report violations of the OSH Act and its regulations to the Minister of Employment and Labour or labour inspectors. The Committee recalls that under the Convention, the right of workers or their representatives to request monitoring of the working environment and the right to appeal to the competent authority concerning the results thereof are not conditional on the existence of a violation. The Committee therefore requests the Government to take the necessary measures to ensure these rights, in law and in practice, as provided under Article 20(4) of the Convention.

Article 21. Medical examinations after termination of employment and maintenance of income for workers whose health is at risk. The Committee notes that under the national legislation, workers exposed to asbestos are provided with a health management pocketbook and undergo medical examinations every year. In this connection, the Committee also notes the Government’s indication, provided in its report under the Occupational Cancer Convention, 1974 (No. 139), that requirements for the issuance of health management pocketbooks have been relaxed for construction workers showing symptoms of asbestos-related diseases. Moreover, the Committee notes from the Government’s report that workers who have developed an occupational disease are granted wage replacement benefits under the Industrial Accident Compensation Insurance Act. The Committee requests the Government to indicate whether workers who have been exposed to asbestos during the course of their employment are provided with medical examinations after termination of employment and to provide further information on alternative incomes received by workers declared unfit for work.

Article 22(3). Written policies and procedures. With reference to its previous comment, the Committee notes the Government’s indication that pursuant to section 20 of the OSH Act and section 26 of the Enforcement Regulation of the Act, employers are required to elaborate regulations on safety and health education. The Committee requests the Government to indicate whether these regulations shall also include specific measures for the education and training of workers on asbestos hazards and methods of prevention and control.

Application of the Convention in practice. The Committee notes the statistical data provided by the Government concerning the number of workers who have been recognized as having asbestos-related occupational diseases between 2000 and 2013. The Committee notes that there has been a total of 169 people who have contracted occupational diseases due to asbestos during this period, and that in general the number of persons so identified has increased each year. There is no statistical information on the number of workers exposed to asbestos. The Committee requests the Government to continue to provide information on the practical application of the Convention, including statistics on the number of workers exposed to asbestos in their workplace, the number, nature and cause of occupational diseases reported and the activities carried out by the labour inspection services to enforce the relevant legislation.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes the detailed information provided by the Government in its first report, and notes the Government’s indication that an Occupational Safety and Health Policy Deliberative Committee will be established to deliberate and coordinate comprehensively the basic plan on affairs of occupational safety and health. The Committee asks the Government to provide further information on the composition and functions of the abovementioned Committee, with particular reference to the development of laws to give further effect to this Convention, and to supply copies of the relevant legislation referred to by the Government in its report.

Article 6, paragraph 3, of the Convention. Procedures for dealing with emergency situations. The Committee notes the information indicating that under section 12 of the Occupational Safety and Health Act (OSH Act), the employer is required to display guidance measures for procedures in an emergency. The Committee asks the Government to provide further information on the specific procedures required for dealing with emergency situations with regards to asbestos, and to specify measures ensuring that such procedures are prepared after consultation with workers’ representatives.

Articles 10 and 12. Prohibition and regulations on the use of asbestos. The Committee notes the information provided by the Government indicating the hazardous substances prohibited under section 37 of the OSH Act. The Committee asks the Government to provide further information on the measures to protect the health of workers exposed to asbestos, and measures, in law and in practice, to prohibit the spraying of all forms of asbestos.

Article 13. Notification of certain types of work involving exposure to asbestos. The Committee notes the information provided by the Government indicating the requirement to notify the competent authority with regard to dismantlement and removal of buildings with asbestos-containing materials. The Committee asks the Government to provide further information on other types of work involving exposure to asbestos, where notification to the competent authority is required and the type of information that is to be supplied in such notifications, having regard to Paragraph 13(2) of the Asbestos Recommendation, 1986 (No. 172).

Articles 17 and 19 of the Convention. Demolition and removal of asbestos, and disposal of waste containing asbestos. The Committee notes that, pursuant to section 47 of the OSH Act, the employer shall not allow any person other than those who have the qualification, licence, experience or skill required for the work, to perform hazardous or dangerous work. The Committee requests the Government to provide further information on the measures taken or envisaged to ensure that the demolition and removal of asbestos shall only be carried out by qualified employers or contractors (Article 17(1)). The Committee also asks the Government to provide information on whether the workplan, required under section 48 of the OSH Act, provides measures for disposal of waste containing asbestos (Article 17(2)(c)) and whether workers, or their representatives, are required to be consulted on the abovementioned workplan (Article 17(3)). The Committee also asks the Government to indicate whether employers are required to dispose of waste containing asbestos in a manner that does not pose a health risk to workers, and to prevent pollution of the general environment by asbestos dust released from the workplace (Article 19).

Article 18. Work clothing and special protective clothing. The Committee notes the information indicating that work carried out by a supervisor, pursuant to section 14(3) of the OSH Act, shall include checking work clothes, personal protective equipment and protective devices of workers belonging to the supervisor; and information and instructions on wearing and use of such equipment (section 10 of the Enforcement Decree). The Committee requests the Government to provide further information on the measures taken or envisaged to ensure that effect is given to all the requirements of Article 18, on the provision and maintenance of appropriate work clothing.

Article 20, paragraph 2. Period for keeping of records. The Committee notes that according to national law and practice the records of the monitoring of the working environment and of the exposure of workers to asbestos shall be kept for 30 years. The Committee requests the Government to keep the Committee informed of any changes in these requirements, in particular of any decisions to lengthen this period, taking into account the latency period for asbestos related diseases.

Article 20, paragraph 4. Right to request monitoring of the working environment, and to appeal to the competent authority concerning results. The Committee notes the information provided by the Government indicating that, pursuant to section 42 of the OSH Act, an employer should have a qualified person monitor the working environment to measure asbestos concentrations in workplaces handling asbestos; record and keep the results of the monitoring; and report them to the Minister of Labour. The Committee requests the Government to provide further information on the measures taken or envisaged to ensure that workers, or their representatives, have the right to request monitoring of the working environment and to appeal to the competent authority concerning the results of such monitoring.

Article 21. Medical examinations after termination of employment, and maintenance of income for workers whose health is at risk. The Committee notes that with respect to a person who is affected by an infectious or mental disease, or a disease which might grow worse due to work, and which is prescribed by the Ordinance of the Ministry of Labour, the employer shall prohibit or restrict the work according to the diagnosis of the doctor (section 45 of the OSH Act). The Committee requests the Government to indicate whether workers are required to undergo medical examinations after the termination of their employment in work exposing them to asbestos; and to provide further information on the measures taken or envisaged to ensure that workers excluded, definitively or temporarily, from work involving exposure to asbestos, where there is a risk to their health, are offered alternative employment or other measures for maintaining their income.

Article 22, paragraph 3. Written policies and procedures. The Committee notes the information provided by the Government indicating the requirement that an employer provide safety and health education periodically to workers, and special education to workers handling asbestos. The Committee asks the Government to indicate whether employers are required to have written policies and procedures on measures for the education and periodical training of workers on asbestos hazards, and methods of prevention and control.

Part V of the report form. Application in practice. The Committee notes the information provided by the Government indicating that since 2000, a total of 86 people have been recognized as having asbestos-related occupational diseases: 48 from lung cancer, 27 from malignant mesothelioma, and 11 from other diseases including asbestosis. The Committee further notes that the number of cases has steadily increased since 2000. The Committee requests the Government to continue to provide practical information on the application of the Convention and, where possible, information on the number of workers covered by the legislation, the number and nature of the contraventions reported, and the number, nature and cause of occupational diseases reported.