CONTENTS
- 1. Safety Control of Hazardous Substances Act | Concept
- - Scope of Application
- - Why Business Operators Must Pay Attention
- 2. Safety Control of Hazardous Substances Act | Principal Obligations
- - Prohibition of Unauthorized Storage and Handling
- - Permit Obligation for the Installation and Modification of Manufacturing Sites
- - Compliance with the Designated Quantity Standards
- - Obligation to Conduct Periodic Inspections and Examinations of Hazardous Substances
- - Obligation to Store and Handle Hazardous Substances in Accordance with Technical Standards
- - Obligation to Appoint and Supervise a Hazardous Substances Safety Manager
- 3. Safety Control of Hazardous Substances Act | Sanctions for Violations
- - Criminal Punishment
- - Administrative Sanctions
- 4. Safety Control of Hazardous Substances Act | Practical Points Often Overlooked
- - Daeryun's Support System
1. Safety Control of Hazardous Substances Act | Concept
The Safety Control of Hazardous Substances Act exists to prescribe the safety management required for storing, handling, and transporting hazardous substances, and through that management it works to prevent the accidents and hazards these substances can cause and to protect public safety.
Scope of Application
The Safety Control of Hazardous Substances Act reaches broadly across the storage, handling, and transport of hazardous substances.
When the storage, handling, or transport occurs by aircraft, vessel, railroad, or track, however, the separate statute that governs each of those carriers takes precedence, and the Act does not apply within those areas.
Types of Hazardous Substances
Category | Name | Examples of Principal Substances |
Class 1 | Oxidizing solids | Chlorites, chlorates, inorganic peroxides, nitrates, and others |
Class 2 | Flammable solids | Phosphorus sulfides, iron powder, sulfur, magnesium, and others |
Class 3 | Pyrophoric and water-reactive substances | Potassium, sodium, alkyllithium, and others |
Class 4 | Flammable liquids | Special flammable substances, first to third class petroleum products, and others |
Class 5 | Self-reactive substances | Organic peroxides, nitric acid esters, and others |
Class 6 | Oxidizing liquids | Perchloric acid, hydrogen peroxide, nitric acid, and others |
Why Business Operators Must Pay Attention
A violation of the Safety Control of Hazardous Substances Act can result in administrative dispositions such as suspension of business, revocation of a permit, or an administrative fine.
At construction sites in particular, a violation that occurs while flammable or chemical substances are being handled can go beyond sanctions and lead to a serious accident.
When that happens, criminal liability arises alongside violations of statutes that govern industrial safety, and the consequences can affect the business as a whole.
Compliance with the Safety Control of Hazardous Substances Act reaches past a construction company's day-to-day safety management and can be treated as a core factor tied directly to the continuity of the business.
2. Safety Control of Hazardous Substances Act | Principal Obligations
The Safety Control of Hazardous Substances Act sets out, in a systematic way, the safety management standards that apply throughout the storage and use of hazardous substances, together with the legal responsibilities of business operators.
Prohibition of Unauthorized Storage and Handling
Anyone who intends to store or handle hazardous substances in an amount at or above the designated quantity must first obtain the relevant permit.
Storing or using such substances without a permit is prohibited.
Handling hazardous substances anywhere other than a storage facility or a manufacturing site is likewise not allowed, so the standards must be met starting at the on-site management stage.
Permit Obligation for the Installation and Modification of Manufacturing Sites
Under the Safety Control of Hazardous Substances Act, anyone who intends to install a manufacturing site that handles hazardous substances must first obtain the permit of the competent Mayor or Provincial Governor.
A permit is also required when major matters such as the location, structure, or equipment are modified, so a legal review is necessary whenever the design or the process changes.
Compliance with the Designated Quantity Standards
Hazardous substances may not be stored or handled at will in excess of the designated quantity standards set by law, and where those standards are exceeded, lawful facilities and procedures must be in place.
Even temporary on-site storage becomes subject to regulation once it exceeds the standards, so quantity management stands as a core management element.
Obligation to Conduct Periodic Inspections and Examinations of Hazardous Substances
Under the Safety Control of Hazardous Substances Act, the persons connected to a manufacturing site that meets certain requirements must periodically have the head of a fire department or fire station examine whether the facility complies with the technical standards.
This inspection is the procedure for verifying the actual safety condition of the site, and failing to carry it out can lead to administrative disadvantages.
Obligation to Store and Handle Hazardous Substances in Accordance with Technical Standards
The storage and handling of hazardous substances must follow the key standards and the detailed standards that bear directly on fire prevention and emergency measures.
A violation of these standards can lead immediately to an accident such as a fire, so in practice, compliance with them is the core of keeping the site safe.
Obligation to Appoint and Supervise a Hazardous Substances Safety Manager
Whenever hazardous substances are handled, the safety manager must give workers the necessary safety instructions and must oversee the entire handling process.
The persons connected to the manufacturing site and its employees must, in turn, respect the safety manager's opinions and follow the manager's recommendations, so responsible operation is required throughout the management system.
3. Safety Control of Hazardous Substances Act | Sanctions for Violations
A violation of the Safety Control of Hazardous Substances Act can draw both criminal punishment and administrative sanctions.
Criminal Punishment
A violation of the Safety Control of Hazardous Substances Act can result in the criminal punishment set out below.
Violating Act | Level of Punishment |
Storing or handling hazardous substances at or above the designated quantity without a permit and causing danger to life or property through leakage, discharge, or dispersion | Imprisonment for at least 1 year and not more than 10 years |
Storing or handling hazardous substances at or above the designated quantity in a location other than a storage facility or a manufacturing site | Imprisonment for not more than 3 years or a fine of not more than 30 million won |
Failing to undergo a periodic examination, failing to perform an inspection, or making a false entry in an inspection record | Imprisonment for not more than 1 year or a fine of not more than 10 million won |
Failing to appoint a hazardous substances safety manager | A fine of not more than 15 million won |
Where hazardous substances at or above the designated quantity are stored or handled without a permit, and that conduct creates danger to life or property through leakage, discharge, or dispersion, the joint penalty provisions apply.
Not only the individual who committed the violation but also the corporation that carried out the work can face a fine of up to 100 million won.
Administrative Sanctions
A violation of the Safety Control of Hazardous Substances Act can bring not only criminal punishment but also a range of administrative sanctions, including an administrative fine, a suspension-of-use order, and a penalty surcharge.
These sanctions can affect the overall operation of the business directly, so the standards need to be confirmed thoroughly in advance and then managed on an ongoing basis.
4. Safety Control of Hazardous Substances Act | Practical Points Often Overlooked
Violations of the Safety Control of Hazardous Substances Act often arise because the designated quantity standard is not correctly understood when hazardous substances are stored on site on a temporary basis.
Where substances are stacked without a separate permit while the designated quantity is exceeded, in particular, the conduct can be judged unlawful, so caution is required.
A change in the type of hazardous substance brought on by a process or material change can also fall within the matters subject to a permit modification, so a prior review is necessary.
Even when a safety manager has been appointed, if management and supervision are not actually carried out on site, a formal appointment alone makes it difficult to be relieved of responsibility once an accident occurs.
Inspection records must also be kept accurately and in real time, not assembled after the fact or maintained only as a formality, and a violation of this requirement can lead to criminal punishment.
Daeryun's Support System
The industrial accident attorneys of Daeryun Law Firm review legal risks closely, concentrating on the core issues that surface in practice, such as how hazardous substances handling is structured, the designated quantity standards, and whether a facility qualifies as a manufacturing site.
They also review in advance the elements of a violation that can arise across the site as a whole, including process changes, the operation of the safety management system, and the handling of inspection records, and they propose a direction for response.
Preventive Response
· Determination of whether a facility qualifies as a manufacturing site and of the need for a permit
· Review of legal risks upon a process or material change
· Advice on the appointment of a safety manager and the adequacy of the operating system
Post-Incident Response
· Response to investigation and administrative disposition procedures, support in preparing written opinions
· Legal review of criminal liability and the applicability of the joint penalty provisions
· Response to administrative sanctions such as suspension of business and penalty surcharges
If you need legal advice on the Safety Control of Hazardous Substances Act, you can seek the assistance of an 🔗industrial accident attorney.
