산업안전보건관리자 특성과 화학물질 유해성 정보전달의 관련성

김기웅 ( Ki Woong Kim ),박진우 ( Jin Woo Park ),정무수 ( Mu Soo Jeong ) 한국산업위생학회 2012 한국산업보건학회지 Vol.22 No.2

Objectives: The aim of the present study was undertaken to investigate the association between communication for chemical hazard information and characteristics of occupational safety and health managers. Subjects and Methods: We surveyed 78 occupational safety and health managers (64 male and 14 female) in 78 chemical manufacturing plants. Data were obtained using a self-reported questionnaire about size and type of company, products, communication system for chemicals and work-related characteristics of occupational safety and health managers. All analyses in this study were performed using SPSS program 12.0. Results: 64.1% of the study participants were occupational health managers aged 39.3 years on average and were graduated from college and university around 90%. 30.0% and of them were majoring in chemistry (engineering chemistry), 18.0% occupational health, 16% nursing and 30.0% others. Occupational safety managers were aged 39.4 years on average, 42.9% of them were majoring in chemistry (engineering chemistry), 21.4% environmental engineering, 10.7% occupational safety and 25% others. 86% of occupational health managers and 71.4% of occupational safety managers were classified as office job. Over 94% of the hazards information for chemicals were delivered by occupational safety and health managers, but about 28.2% workers preferred outside experts who have a profound knowledge about occupational safety and health and understandable, Occupational safety and health managers and workers had difficulties in understanding toxicological information, hazards identification, stability/reactivity, composition/information on ingredients, physical/chemical properties and ecological information. On multiple logistic regression analysis for the 16 heading of material safety data sheet, content of material safety data sheet was significantly associated with education level (odds ratio=0.286, 95% confidence interval=0.105-0.780). The hazard identification (odds ratio=3.947, 95% confidence interval=1.092-14.271) and toxicological information (odds ratio=0.841, 95% confidence interval=0.705-0.998) were significantly associated with type of occupation. Conclusions: This finding implies that the education level, type of occupation and speciality of occupational safety and health managers may affects hazards information delivery.

사내하도급에서 산업안전보건법의 보호대상에 관한 연구

나민오(Na, Min-Oh) 동아대학교 법학연구소 2020 東亞法學 Vol.- No.88

사내하도급은 일반적인 도급계약과 달리 도급인이 관리하는 사업장에서 업무를 수행한다는 특성 때문에 수급인이 사업주로서 안전보건조치의무를 이행하는데 한계가 발생한다. 이에 산안법 제63조는 도급인에게 자신의 사업장에서 발생하는 위험을 관리하고 안전하게 유지할 의무를 규정하였다. 여기에는 도급인이 고용한 근로자뿐 아니라 수급인의 근로자에게 영향을 미치는 영역에 대한 안전보건조치를 실시할 의무가 포함된다. 또한 산안법 제66조는 수급인과 수급인의 근로자가 산안법령을 위반하는 경우 도급인이 수급인에게 시정조치를 할 수 있도록 규정하여 도급인에게 사업장에서 발생하는 위험에 대한 총괄적인 관리·감독 의무를 부여하고 있다. 산안법 제63조와 제66조는 수급인에게 안전한 사업장을 제공할 도급인의 의무를 발생시키고, 법령에 의해 수급인의 안전확보 의무의 이행을 관리·감독하는 지위를 발생시킨다. 이러한 법령상의 의무를 근거로 도급인은 수급인에 대해서도 안전배려의무를 부담하는 것으로 볼 수 있다. 연구에서는 계약상 안전배려의무에 근거하여 수급인에 대한 도급인의 안전보건조치의무를 산안법에 반영하는 방안을 제안하였다. 또한 도급인과 직접적인 계약관계가 없는 수급인의 근로자에 대해서 계약상 안전배려의무의 효력을 인정할 수 있는지 검토하였다. 수급인 근로자는 도급인과 직접 계약관계가 없어 안전배려의무를 인정하기 어렵다. 또한 산안법 제63조는 도급인이 수급인 근로자에게 안전보건조치를 제공할 의무를 규정한 것이 아니고, 자신의 사업장에 대한 지배력을 근거로 수급인에게 안전한 장소를 제공하고 수급인이 자신의 사업장에서 안전조치를 이행할 것을 감독할 의무를 부여한 것이다. 따라서 산안법 제63조는 수급인 근로자가 도급인에게 의무이행을 요청할 계약상의 권리를 발생시키지 않는다. 다만 수급인 근로자는 도급인의 산안법 위반에 의한 불법행위로 손해가 발생하면 이를 청구할 수 있을 것이다. In-house subcontracting, unlike general contracting contracts, is subject to subcontractor-managed workplace, so there is a limit to the recipient"s safety and health measures. The Article 63 of the Occupational Safety and Health Act provided contractors with the obligation to manage and maintain the risks incurred in their workplace. This includes the obligation to implement safety and health measures in areas affecting the workers of the recipient, as well as the workers employed by the contractor. In addition, The Article 66 of the Occupational Safety and Health Act provides contractors with comprehensive management and supervision over the risks arising in the workplace by providing contractors to take corrective action against contractors when the recipients and their workers violate the Occupational Safety and Health Act. The Article 63 and 66 of the Occupational Safety and Health Act makes a duty for contractors to provide safe workplaces to recipients, and to supervise the implementation of the recipient"s duty to ensure safety. Therefore, it can be considered that the contractor bears the duty to care for the safety of the recipients. In the study, a method was proposed to reflect the contractor"s Obligations of safety consideration to the recipients in the Occupational Safety and Health Act based on the safety care obligations in the contract. In addition, it was reviewed whether the contract"s safety-related obligations can be recognized for the workers of recipients who do not have a direct contract relationship with contractors. Workers of recipients have no direct contract relationship with contractors, making it difficult to recognize safety obligations. In line with that, the Article 63 of the Occupational Safety and Health Act does not stipulate that contractors are obliged to provide safety and health measures to workers of recipients. It stipulates that contractors provide safe places for recipients based on their control over their workplace(management ability), and contractors are obliged to oversee the implementation of the recipient’s duty to ensure safety at their workplace. Therefore, the Article 63 of the Occupational Safety and Health Act does not create contractual rights for contractors to request recipients to fulfill their obligations. However, workers of recipients can claim it if damages occur due to illegal acts owing to the contractor"s violation of the Occupational Safety and Health Act.

건설업 산업안전보건관리비 계상 방법 실태 조사 연구

김승한,김종효,김병석,박종근 대한안전경영과학회 2016 대한안전경영과학회지 Vol.18 No.3

Occupational Safety and Health Expenses Law in construction industry was enacted in 1988 by the notification of Ministry of Employment and Labor and 22 revisions have been made since. The fact that revisions have been made almost every year since the first enactment shows that Occupational Safety and Health Expenses can effectively prevent construction accidents and the need for revisions to fit the reality has been raised continuously. Despite the construction industry has undergone various internal and external environmental changes, (such as the changes in the safety and health management techniques and the increase in the construction employees’ desire for safety) the appropriation standard of Occupational Safety and Health Expenses has been calculated based on the contract price. The construction industry has constantly suggested that the Occupational Safety and Health Expenses be calculated based on the estimated construction expenses since applying the current method doesn’t provide enough money to secure the safety. Also because it has become mandatory to hire a health manager since 2015, the lack of Occupational Safety and Health Expenses is expected to get worse. In this study, we will analyze the usage of Occupational Safety and Health Expenses and propose a more practical and realistic change in setting the appropriation standard of Occupational Safety and Health Expenses.

한국과 영국의 산업안전보건법 처벌에 관한 비교 연구

조흠학 한국비교노동법학회 2010 노동법논총 Vol.18 No.-

Safety and health in work places has been considered an important problem in enterprise organization due to changing enterprise organization forms in developing industrial society. Accordingly, mandatory regulations were established for workers to be able to work in a safe and comfortable environment. These regulations were established under the employer's responsibility in the Occupational Safety and Health Act. Results that compared punishment system of the Korean Occupational Safety and Health Act with foreign punishment systems showed a significant difference in punishment outcomes. In Korea, penalty for fatal accidents does not exceed 20,000,000 won, but in Britain, penalty for small violation results in fine exceeding 20,000 pounds. Recently, the Corporate Manslaughter and Corporate Homicide Act that punishes an enterprise's highest executive for a serious accident according to the Occupational Safety and Health Act has been established in Britain. So, in this paper, some measures to improve the Korean Occupational Safety and Health Act punishment system have been suggested. We presented some measures that require amendment in the punishment regulation through positivism of punishment regulation of Occupational Safety and Health Act, solutions for overlapping duties in the Occupational Safety and Health Act, establishment of publication system, and employer's education on accessory penalty and extension of fines. Although it is a political issue, strengthening of labor supervisor's investigation can improve the efficiency of the law enforcement. Therefore, Strengthening of employer's punishment regulation according to the violation of Occupational Safety and Health Act contributes to safe working environment and is one of the measures for preventing occupational accidents through changing the recognition of occupational safety.

안전 관련 주요 법제 특징 비교 : 산업안전보건법, 중대재해처벌법, 학교안전법\

김형태,황광선 한국비교정부학회 2024 한국비교정부학보 Vol.28 No.1

(Purpose) The aim of this study is to assist academia and civil society in understanding the surrounding laws through an analysis of significant safety legislation. (Design/methodology/approach) The study's focus will center on the Occupational Safety and Health Act, the Serious Accident Punishment Act, and the School Safety Act. (Findings) While the Occupational Safety and Health Act contains extensive and detailed content, the School Safety Act exhibits contradictory elements in its system and content, appearing notably deficient. Furthermore, its emphasis is primarily on compensation and the functioning of the School Safety Mutual Aid Association rather than on prevention-related content. Given the importance of school safety comparable to industrial safety, there is a pressing need to elevate the system and content of school safety legislation to the standards set by industrial safety legislation. To address this, a thorough comparative analysis was conducted between the School Safety Act and the Industrial Safety and Health Act. The analysis underscored the weak and lax nature of the prevention sector in the School Safety Act compared to the comprehensive prevention sector of the Industrial Safety and Health Act. It also revealed that the current legal system lacks an effective and systematic preventive policy on the level of industrial safety legislation concerning school safety. (Research implications or Originality) Therefore, as a strategy to prevent and decrease school safety accidents, there is a recommendation to actively adopt and adapt principles from industrial safety legislation such as the Occupational Safety and Health Act. This legislation explicitly outlines the responsibilities and roles of relevant entities in detail to effectively prevent industrial accidents.

간호·간병 통합서비스 병동 간호사의 직무 스트레스가 안전통제감과 환자안전관리 활동에 미치는 영향

양희모 한국콘텐츠학회 2019 한국콘텐츠학회논문지 Vol.19 No.7

This study is a descriptive research study to identify the relevance of the occupational stress, safety control, and patient safety-related nursing activities of the nurses working in comprehensive nursing care service ward, and to check the effect of the occupational stress on safety control and patient safety-related nursing activities. From March 11 to April 17, 2019, 137 nurses who worked in comprehensive nursing care service ward at four general hospitals were studied. The results of this study suggest that occupational stress has a negative correlation with safety control and patient safety-related nursing activities, and occupational stress negatively affects safety control and patient safety-related nursing activities. Based on the results of this study, it is expected that the work environment will be improved to reduce the occupational stress in order to promote the safety control and patient safety-related nursing activities of nurses in comprehensive nursing care service ward, and the development of various programs for occupational stress management will be necessary. 본 연구는 간호·간병 통합서비스 병동에 근무하는 간호사의 직무 스트레스, 안전통제감과 환자안전관리 활동의 관련성을 파악하고, 직무 스트레스가 안전통제감과 환자안전관리 활동에 미치는 영향을 확인하기 위한 서술적 조사연구이다. 2019년 3월 11일부터 4월 17일까지 4개 종합병원의 간호·간병 통합서비스 병동에 1년 이상 근무한 간호사 137명을 연구대상으로 하였다. 연구결과 직무 스트레스는 안전통제감, 환자안전관리 활동과 유의한 부적 상관관계가 있는 것으로 나타났으며, 직무 스트레스는 안전통제감과 환자안전관리 활동에 부정적인 영향을 미치는 것으로 나타났다. 본 연구결과를 토대로 간호·간병 통합서비스 병동 간호사의 안전통제감과 환자안전관리 활동을 증진시키기 위해 직무 스트레스를 감소시키기 위한 근무환경 개선이 요구되며, 간호·간병 통합서비스 병동 간호사의 직무 스트레스 관리를 위한 다양한 프로그램 개발이 필요할 것으로 생각된다.

Occupational Health Could be the New Normal Challenge in the Trade and Health Cycle: Keywords Analysis Between 1990 and 2020

Kiran, Sibel Occupational Safety and Health Research Institute 2021 Safety and health at work Vol.12 No.2

This brief report aims to establish the keyword content of studies on occupational health and safety-the key framework of the world of work in the trade and health domain. Data were collected from the SCOPUS database, focusing on articles on occupational health and safety and related keywords, with an emphasis on abstracts and titles. Data were analyzed and summarized based on keywords included from the MeSH database. There were 24,499 manuscripts in the domain and 1,346 (5.40%) occupational health-related keywords, including those that overlapped. The most frequently referenced occupational health-related keyword was "occupational health" (452 articles), followed by "occupational safety" (141 articles). There were fewer keywords on occupational health in the trade and health literature. As the world of work has been prioritized because of the recent new normal of work life since the COVID-19 pandemic, examining the focus of occupational health priorities within the global perspective is crucial.

A Study on the Better Operation of Occupational Safety and Health Management Systems

Choi, Jae-Wook,Yoon, Seok-J.,Lee, Gwan-Hyung,Yang, H.S. The Korean Society of Safety 2005 International Journal of Safety Vol.4 No.1

This study was conducted to identity the characteristics of occupational health and safety management systems around the world, to survey the implementation of OHSMS in Korean companies, to find problems and corrective measures, and to understand the opinions of top management about OHSMS. Questionnaires on the operation of occupational health and safety management systems in Korean manufacturing companies were carried out. Occupational health and safety management systems around the world, including OHSAS 18001, BS8800, KOSHA 18001, VPP, J-OHSMS, were reviewed. In order to implement an occupational health and safety management system successfully, it was found that the management should consider occupational health and safety as important, provide employees with necessary training, and have a strong commitment to occupational health and safety.

비정형 빅데이터를 통해 살펴본 호텔 산업안전보건법 담론 분석

한장헌 한국호텔리조트학회 2022 호텔리조트연구 Vol.21 No.3

Although the death rate from industrial accidents in Korea continues to decline, the overall accident rate has been steadily increasing since 2018 and remains higher than that of foreign countries. In this context, various types of industrial accidents related to occupational safety and health can occur in the hotel industry. This study analyzed the discourse on the Hotel Occupational Safety and Health Act through unstructured big data. 2,943 keywords were collected through Naver and Google, and 60 keywords closely related to the hotel Occupational Safety and Health Act were confirmed as analysis targets. As a result, first, first, diverse keywords recognized by the hotel Occupational Safety and Health Act such as ‘management’, ‘industry’, ‘public’, ‘law’, ‘industrial accident’, ‘education’, ‘occupational health’, ‘Korea Occupational Safety and Health Agency’, ‘construction safety’, ‘check’, evaluation’, ‘international cooperation’, ‘professional technology’, ‘service safety’, ‘information exchang’, ‘private organizations’ were extracted. Second, as the result of the CONCOR group analysis, four clusters were clustered. The four clusters were ‘preventive management and management’, ‘field violations and responsibilities’, ‘management consignment and education’, and ‘information disclosure’. Based on these findings provided various academic implications that can be used as basic data in the field of hotel human resource management and practical implications that can be applied to management manual related to the hotel occupational Safety and Health Act in the practice of the hotel industry.

사회적 가치와 안전에 대한 공법적 고찰 -포스트 코로나 시대의 준비를 위하여-

김대인 사회복지법제학회 2020 사회복지법제연구 Vol.11 No.3

It is expected that value of ‘safety’ will be highly emphasized after Covid-19 crisis. This paper deals with relationship between social value and safety law in two respects: one is reflecting value of safety in social value related law, and the other is reflecting social value in satey law. As regards reflecting value of safety in social value related law, in order that social values, which is stipulated in 「Framework Act on the Realization of Social Value by Public Institutions」(Draft), are to be actualized, it is necessary that peformance evalutation criteria on respective social value including safety should be concretized. Disqualification system in 「Act on the Contracts in which the State is the Party」 should be flexibly implemented in consideration of compliance of safety duty, as this flexible disqualifcation system will induce compliance of safety duty. 「Evaluation Criteria in Best Value Award System in Construction Contract」 (Ministry of Strategy and Finance Ordinance) should include safty element such as industrial accident as a formal evalutation criteria. Furthermore, it is necessary to include more concrete evlation criteria on implementin disaster prevention system in ‘Public Institution Management Evaluation’. As regards reflecting social value in satey law, 「Framework Act on the Management of Disasters and Safety」 should provide legal ground for agreement between the state and local governement or between public and private sector to realize sarety environment for safety-vulnerable people. 「Infectious Disease Cotrol and Prevention Act」 should allow safety measure in consideation of characteristics of infection-vulnerable people. 「Occupation Safety and Health Law」 should supply system which enbles effective risk evaluation of enterprises and enhanced control on satey and health measures. 코로나19 사태 이후에 ‘안전’의 가치가 매우 중시되는 사회가 될 것으로 예상되고 있다. 이 글에서는 사회적 가치 활성화를 위해서 안전법제가 어떻게 개선되어야 할 것인지를 크게 두 가지로 나누어서 살펴보았다. 하나는 사회적 가치 법제에서 안전의 가치를 어떻게 반영할 것인가 하는 점이고, 다른 하나는 안전법제에서 사회적 가치를 어떻게 반영할 것인가 하는 점이다. 우선 사회적 가치 법제에서 안전가치의 반영과 관련해서는 우선 「공공기관의 사회적 가치 실현에 관한 기본법」(안)에서 규율하고 있는 다양한 사회적 가치가 실제적으로 구현되기 위해서는 안전 등 개별적 사회적 가치의 성과평가기준이 보다 구체화될 필요가 있다. 「국가를 당사자로 하는 계약에 관한 법률」상의 입찰참가자격제한제도의 경우 안전조치의무의 이행정도를 고려하여 보다 탄력적으로 입찰참가자격제한제도를 운영하는 것이 오히려 안전의무의 확보를 유인할 수 있는 장점이 있으며 「공사계약 종합심사낙찰제 심사기준」(기획재정부 예규)에서 산업재해 발생여부와 같은 안전요소는 이를 정식배점요소로 평가하는 것이 필요하다. 공공기관 경영평가의 ‘재난 및 안전관리 부분’의 세부평가 기준에서는 이는 재난관리시스템의 구축·운영 정도를 좀 더 구체적으로 반영하는 것이 필요하다. 다음으로 안전법제에서 사회적 가치의 반영과 관련해서는 「재난 및 안전관리기본법」에서는 안전취약계층에 대한 안전환경지원제도를 좀 더 실질화하기 위한 국가와 지방자치단체간, 행정주체와 민간부문간 협력을 활성화할 수 있는 협약제도의 근거를 마련하는 것이 필요하며, 안전취약계층의 특성에 따른 맞춤형 지원이 이루어질 필요가 있다. 「감염병의 예방 및 관리에 관한 법률」에서는 감염취약계층의 특성을 고려하여 보호조치를 제공하고, 감염병 정보에 대한 접근권을 확보해줄 필요가 있다. 「산업안전보건법」에서는 사업자의 위험성 평가와 안전·보건조치에 대한 2중 또는 3중의 관리감독이 이루어지도록 하는 제도가 마련될 필요가 있다.