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National Assembly Legislation

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  • Occupational Safety and Health Act
    • Competent Ministry : Ministry of Employment and Labor
    • Advance Publication of Legislation : 2021-01-12
    • Opinion Submission Deadline : 2021-01-26
Reasons for Proposal

The current Act specifies that working environment measurements should be conducted in any place of business as prescribed by Ordinance of the Ministry of Employment and Labor, which handles work harmful to the human body, and the representative of employees is allowed to participate in working environment measurements if the representative so requests.

However, a company refused to allow a certified public labor attorney designated by a deceased worker’s family to participate in measurements of the working environment where one of the company’s workers died while on duty.

It is because the current Act does not have a specific provision that ensures the representative designated by the bereaved family can participate in working environment measurements. As such, it has been pointed out that it is necessary to improve the system by guaranteeing the participation of the representative designated by the worker who performs the work in question or his or her bereaved family to ensure verification is conducted under the same conditions as the actual work environment at the time of the relevant accident.

In this regard, this Act aims to prepare in law the basis that allows the worker who performs the work in question, his or her family or bereaved family, and the representative designated by the worker, his or her family or bereaved family to participate in working environment measurements when a serious accident occurs. (Article 125 paragraphs 4 and 6, and Article 175 paragraph 5)


Major Provisions

Allow the representative designated by the worker who performs the work in question and his or her bereaved family to participate in working environment measurements (Article 125 paragraphs 4 and 6, and Article 175 paragraph 5).

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