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

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

Other comments on C162

Direct Request

2014
2009

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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.