CONTENTS
- 1. Enforcement Decree of the Occupational Safety and Health Act | Mandatory Reporting of the Dismissal of Safety Managers and Health Managers
- - Expansion of Reporting Scope under Article 16 and Related Provisions of the Enforcement Decree of the Occupational Safety and Health Act
- - Practical Changes for Companies in Complying with the Enforcement Decree of the Occupational Safety and Health Act
- 2. Enforcement Decree of the Occupational Safety and Health Act | Procedure for Reporting Personnel Changes in the Tower Crane Installation and Dismantling Business
- - Obligation to Register Changes under Article 72 of the Enforcement Decree of the Occupational Safety and Health Act
- 3. Enforcement Decree of the Occupational Safety and Health Act | Practical Corporate Measures to Prevent the Risk of Violations
- - Summary and Comparison of the Principal Amendments
- - Practical Compliance Checklist for the Enforcement Decree of the Occupational Safety and Health Act
- 4. Enforcement Decree of the Occupational Safety and Health Act | The Need for Legal Advice to Prevent Legal Disputes
- - Proactive Legal Review in Response to the Amendment of the Enforcement Decree of the Occupational Safety and Health Act
- - Assistance for a Company's Safety Management
1. Enforcement Decree of the Occupational Safety and Health Act | Mandatory Reporting of the Dismissal of Safety Managers and Health Managers
Under the Enforcement Decree of the Occupational Safety and Health Act, the corporate reporting system for personnel management has been further strengthened.
Previously, a reporting obligation arose only when a company newly appointed a safety manager, a health manager, or an occupational physician, or when it entrusted the related duties to a specialized institution.
In practice, however, the dismissal of such personnel or the termination of an entrustment was not reflected in a timely manner, which limited the currency of administrative records.
The Enforcement Decree of the Occupational Safety and Health Act addresses this gap, with the aim of managing even the interval during which personnel are replaced or dismissed.
Expansion of Reporting Scope under Article 16 and Related Provisions of the Enforcement Decree of the Occupational Safety and Health Act
An employer must, within 14 days from the date of dismissing (removing) a safety manager, a health manager, or an occupational physician, or of terminating an entrustment of duties, submit to the Minister of Employment and Labor documents that can prove that fact. (Article 16(7), Article 20(3), Article 29(4), and related provisions)
Under the Occupational Safety and Health Act, the safety manager and the health manager are statutorily appointed personnel who are substantively responsible for the workplace's system for preventing industrial accidents.
They are not merely internal staff; they are mandatory safety and health personnel who must be appointed from among those meeting certain qualification requirements set by statute.
① Safety Manager
A safety manager is a person who manages physical hazards in the workplace, such as machinery, equipment, and work processes, in order to prevent industrial accidents.
Specifically, the safety manager performs the following duties.
- Conducting risk assessments and taking corrective measures
- Establishing plans for the prevention of industrial accidents
- Safety inspection of the work environment
- Managing the use of protective equipment and conducting safety training
- Investigating causes when an accident occurs and establishing measures to prevent recurrence
In other words, the core function of the safety manager is the role of advance management to ensure that accidents do not occur.
② Health Manager
A health manager is a person responsible for protecting the health of workers and preventing occupational diseases.
The principal duties are as follows.
- Managing exposure to harmful factors
- Managing work environment measurements
- Managing workers' health examinations
- Operating occupational disease prevention programs
- Follow-up management of workers with health abnormalities
If the safety manager is responsible for preventing physical accidents, the health manager may be understood as the person responsible for managing the prevention of ill health and disease.
Practical Changes for Companies in Complying with the Enforcement Decree of the Occupational Safety and Health Act
From a company's perspective, the reporting must be completed within the short period of 14 days not only upon appointment but also upon dismissal, which may increase the administrative burden.
2. Enforcement Decree of the Occupational Safety and Health Act | Procedure for Reporting Personnel Changes in the Tower Crane Installation and Dismantling Business
Another key element of the amendment to the Enforcement Decree of the Occupational Safety and Health Act lies in strengthening personnel management to secure the safety of tower crane work.
The installation and dismantling of tower cranes is an area that requires a high degree of expertise and teamwork. Previously, only the personnel held at the time of business registration were verified, and there was no obligation to report subsequent changes in personnel.
A survey found that approximately 70% of registered businesses had a discrepancy between their actual personnel and their registered personnel, and a provision was accordingly established to encourage substantive personnel management.
Obligation to Register Changes under Article 72 of the Enforcement Decree of the Occupational Safety and Health Act
Now, a person who has registered a tower crane installation and dismantling business must report a change in registration to the Minister of Employment and Labor whenever the personnel held in connection with the work change.
This is a mechanism to prevent large-scale industrial accidents that may result from deploying unskilled personnel at a site.
· Effects of the Amendment to the Enforcement Decree of the Occupational Safety and Health Act on Worksites
· Blocking work by unqualified or unsuitable persons
· Maintaining the quality of work requiring a high degree of teamwork and preventing accidents
3. Enforcement Decree of the Occupational Safety and Health Act | Practical Corporate Measures to Prevent the Risk of Violations
The changes to the Enforcement Decree of the Occupational Safety and Health Act require companies to build a more rigorous safety and health management system.
Failing to identify personnel changes in time and thereby missing a reporting deadline can be a critical mistake in the operation of a company.
In particular, given the connection with the Serious Accidents Punishment Act (a 2022 Korean statute imposing criminal liability on business operators for serious safety accidents, with no direct common-law equivalent), compliance with the obligations under the Occupational Safety and Health Act serves as an important measure of a managing officer's fulfillment of the duty to ensure safety and health.
Summary and Comparison of the Principal Amendments
| Category | Before the Amendment | After the Amendment |
| Safety and Health Manager | Report within 14 days upon appointment (entrustment) | Report within 14 days upon appointment and also upon dismissal (termination) |
| Occupational Physician | Report within 14 days upon engagement | Report within 14 days upon engagement and also upon disengagement |
| Tower Crane Personnel | Report personnel upon initial registration | Obligation to report a change in registration when personnel change |
Practical Compliance Checklist for the Enforcement Decree of the Occupational Safety and Health Act
· Practical Checklist for the Enforcement Decree of the Occupational Safety and Health Act
· Establish a system for immediately securing documents proving termination when a contract with an entrusted institution ends
· Build a system for real-time information sharing between the HR team and the safety team when tower crane personnel change
· Check the preparation and retention status of supporting documents (dismissal certificates, resignation letters, amended contracts, and the like)
An administrative error arising from a failure to understand the current regulations can lower a company's credibility and, if an industrial accident occurs, may operate as an unfavorable circumstance.
Close cooperation between the personnel management department and the safety management department is therefore more important than ever.
4. Enforcement Decree of the Occupational Safety and Health Act | The Need for Legal Advice to Prevent Legal Disputes
The Enforcement Decree of the Occupational Safety and Health Act is continually amended to raise the level of corporate safety management, and its standards are becoming very strict.
If a company unintentionally omits a report or delays a notification, this may be seen as more than a mere administrative violation; it may be seen as a lack of willingness to comply with the Occupational Safety and Health Act as a whole.
In particular, deficiencies in the management of tower crane personnel have a high likelihood of leading to an actual accident, and if an accident occurs, a violation of the obligation to report changes may serve as a basis for serious legal liability.
Proactive Legal Review in Response to the Amendment of the Enforcement Decree of the Occupational Safety and Health Act
Many company representatives may think, "Would it really be a serious problem if I failed to report that one or two personnel changed or left?"
However, in the current situation, where inspections by the Ministry of Employment and Labor have intensified and the social demand for the prevention of industrial accidents has increased, a small reporting omission can become the spark for a major legal dispute.
In particular, a company in any of the following situations may need an immediate review.
· Where there has recently been a major reorganization of the safety and health management organization
· Where the contractual relationship with an entrusted management company has ended or changed
· Where frequent changes occur due to personnel supply issues at tower crane installation and dismantling sites
It may be difficult to fully absorb the purpose and procedures of the complex amended statute through a company's internal administrative processing alone.
A process of confirming the specific interpretation of the Enforcement Decree of the Occupational Safety and Health Act and whether the company's internal rules are lawfully aligned with it should accompany this.
Assistance for a Company's Safety Management
To reduce the risk that may arise in the course of implementing the amendment to the Enforcement Decree of the Occupational Safety and Health Act, it is advisable to obtain a careful review by a legal professional.
This is a necessary process for solidifying a company's safety and health management system, thereby protecting the lives of workers and helping to ensure the continuity of the company.
If you face the risk of punishment due to a sudden personnel gap or confusion in administrative procedures, or if you need to establish internal guidelines in line with the amended law, you may wish to obtain legal assistance from the early response stage.
A small difference in compliance can change a company's fate.
If a complex legal judgment is required in connection with the fulfillment of your company's safety and health obligations, or if you are facing an administrative investigation, you are welcome to seek a clear solution through a 🔗legal consultation reservation for serious accident matters.
