Journal of Korean Society of Occupational and Environmental Hygiene (한국산업보건학회지)

Korean Industrial Hygiene Association (한국산업보건학회)
권호 표지

A Comparative Legal Study of Germany, the United Kingdom, Japan and Korea for the Regulations on Special Management Materials

우리나라 산업안전보건법상 특별관리물질 규정에 대한 독일, 영국 및 일본과의 비교법적 고찰

  • Choi, Sangjun (Department of Occupational Health, Catholic University of Daegu) ;
  • Phee, Young Gyu (Faculty of Health Science, Daegu Haany University) ;
  • Kim, Shinbum (Wonjin Institute of Occupational and Environmental Health) ;
  • Kim, Won (Wonjin Institute of Occupational and Environmental Health)
  • 최상준 (대구가톨릭대학교 산업보건학과) ;
  • 피영규 (대구한의대학교 보건학부) ;
  • 김신범 (원진 노동환경건강연구소) ;
  • 김원 (원진 노동환경건강연구소)
  • Published : 2013.06.30
⟨ Previous Next ⟩

Abstract

Objectives: This study was conducted in order to evaluate the limitations of the regulations on the safety and health standards for special management materials(SMM) under the Industrial Safety and Health Act in Korea. Methods: Hazardous chemicals management systems in Germany(Hazardous Substances Ordinance), the UK(Control of Substances Hazardous to Health Regulations), Japan(Ordinance on Prevention of Hazards due to Specified Chemical Substances) and Korea(Regulation of Occupational Safety and Health Standards, ROSHS) were investigated and compared in terms of 14 items. Results: Among the 14 items, we eventually found seven items which should be amended: 1) definition and scope, 2) general duties clause, 3) principles of management, 4) preventive measures, 5) control measures, 6) risk assessment, and 7) record keeping. The principal limitations of Korean regulations in comparison with those of other countries were that there were no preventive measures such as substitution, and no principles of good practices for the control of exposure to SMM. In terms of control measures, there were no regulations on suitable workplace design, reducing the number of exposed workers, reducing the level and duration of exposure, and reducing the quantity of hazardous substances in ROSHS. Conclusions: Based on the results of this study, ROSHS should be complemented with preventive measures and the principles of management related to SMM. According to the suggestions, an employer who deals with SMM should preferably consider the possibility of substitution and perform substitution so far as is reasonably practicable.

Keywords

References

  1. Ahn KD, Roh J, Roh YM, Park DW, CN Kim. A study on the management system for establishment of occupational exposure limits & selection of chemical substances. Korean Industrial Hygiene Association. 2002.
  2. Cherrie JW. Reducing occupational exposure to chemical carcinogens. Occup Med 2009;59:96-100 https://doi.org/10.1093/occmed/kqn172
  3. Choi SJ, Lim KC. A study on classification and management system for carcinogens. J Korea Safety Management & Science 2010;12(3):107-119
  4. Committee on Hazardous Substances. Technical rules for hazardous substances (TRG) 600 - Substitution. 2008 available at http://www.baua.de/en/Topics-from-A-to-Z/-Hazardous-Substances/TRGS/TRGS.html
  5. Federal Institute for Occupational Safety and Health Germany, BAuA. Gefahrstoffverordnung-GefStoffv, Hazardous Substances Ordinance, 2011. available at : http://-www.baua.de/en/Topics-from-A-to-Z/Hazardous-Substances/Hazardous-Substances.html
  6. HSE, The Control of Substances Hazardous to Health Regulations 2002 (as amended) 2005, COSHH Regulation. 2005.
  7. HSE. Seven steps to successful substitution of hazardous substances (guidance booklets). 1994
  8. Japan Industrial Safety & Health Association(JISHA,), Handbook of Ordinance on Preventive of Hazards Due to Specified Chemical Substances. 2012
  9. Ministry of Employment and Labor(MoEL). Exposure limits for Chemical Substances and Physical Agents (MoEL Public Notice No. 2011-13). 2011a.
  10. Ministry of Employment and Labor(MoEL). Exposure limits for Chemical Substances and Physical Agents (MoL Public Notice No. 2012-31). 2012b.
  11. Ministry of Employment and Labor(MoEL). Paper presented at the meeting of the Committee - Recommendation of the regulatory levels by chemical risk assessment. 2012a. 10. 23
  12. Ministry of Employment and Labor(MoEL). Regulations on Industrial Safety & Health (MoEL Enforcement Decree No. 49). 2012c.
  13. Ministry of Employment and Labor(MoEL). Regulations on Risk Assessment of Chemical Substances (MoEL Public Notice No. 10). 2011b.
  14. Ministry of Health, Labour and Welfare(MoHLW). Ordinance on Preventive of Hazards Due to Specified Chemical Substances. 2012a. available from: URL:http://-www.jniosh.go.jp/icpro/jicosh-old/english/topics/OSHLegislation.html#Enforcement
  15. Ministry of Health, Labour and Welfare(MoHLW). Ordinance on Preventive of Organic Solvent Poisoning. 2012b. available from: URL:http://www.jniosh.go.-jp/icpro/jicosh-old/english/topics/OSHLegislation.html#Enforcement