산업안전보건법의 유해ㆍ위험물질에 관한 근로자의 안전보건관리방안에 관한 연구

As the possibility of industrial accidents, caused by the dramatic development of society and high mechanized industry, have increased, the importance of protecting workers' safety and health is growing. Thus, there were a lot of changes in Occupation Safety and Health Acts and new system of this acts have been established since the first act enacted in 1981 and was reorganized in 1990. This is because job-related accidents(explosion and fire) from hazardous materials and occupational diseases from toxic substances have been raised by increased handling of chemicals in industries. It served as an opportunity to expand the range of occupational diseases caused by an exposure of hazardous materials, and an obligation for protecting workers' injuries and diseases for workers Occupation Safety and Health Acts were obviously founded for this reason as necessary basis protecting injuries and diseases from dangers and obligation protecting workers' health and safety Nevertheless, article 37 of Occupation Safety and Health Acts in toxic substance prohibition prohibits 「fabrication, import, transfer, provision or use」 of harmful substances. In this case, the reason prohibiting import, transfer, provision or use as well as fabrication is that it was difficult to gain legal effectiveness only from prohibiting fabrication. However, in paragraph 2 of article 37 of Occupation Safety and Health Acts for experiment and research as an exceptional case, there is a regulation that allows fabrication, import, or use of substances following paragraph 1 with an approval of the Minister of Employment and Labor if it meets standards in Legislation of Ministry of Employment and Labor. It is a regulation to be only used for experiment and research after permission and is regulated for some cases. First case is when frequency counts for use of experiment or a number of handlers are small. Second case is that it should be used for experiment. But, it may cause controversy in provision in terms of worker protection in a broader meaning because substance handlers can also be seen as workers. From employers' point of view, obligation may collide with law about observance of Occupation Safety and Health Acts because of the employers' responsibility. Even though the law requires toxic substance to be exchanged with less toxic substances in Europe when they use carcinogens in a place of business, there is no mention that carcinogens should be altered in law of South Korea. In that sense it is necessary to make using alternative material an obligation based on a contract as a collective agreement on the site and to figure out way to include it in legislation. Especially, exposure standards of chemicals and physical factors(Notification in Ministry of Employment and Labor Vol. 2012-31) were classified in recommendations of American Conference of Govermental Industrial Hygienists(ACGIH). Therefore, it is important matters for us to intensively and internally maintain the effectiveness of these standards. In conclusion, although much more legal management plans to be come out besides it, it should be necessary for more suitable and prudential researches to become practical and realistic management plans of harmful and hazardous substances with contents arranged in a broad meaning.