사내하도급 ․위험의 외주화에 대한 법적 규제 - 일본법령의 검토를 중심으로 -

Numerous dangers and potential risk elements exist in industrial areas and the location of labor supply. Despite its purpose, the Occupation Safety and Health Act does not distinctly define the responsibilities of the employer(contractor). As result, the risk is passed through to certain subcontract workers through subcontracting and outsourcing of dangerous and strenuous work. This provides immunity for the responsible party, the contractor, which is against the general values of the law. With such considerations, this paper reviews the Japanese legislations and the safety management system in regards to industrial safety and health. The review has shown 3 major characteristics of the Japanese Occupational Safety and Health Act(hereafter, “OSHA”) as follows. First, the clarity in defining the responsible party. Second, the establishment of a safety management system led by the contractor. Third, the statement of responsibility and industrial accident prevention measures for parties other than the contractor. The OSHA clearly states the regulations and responsibilities for the application of safety regulations and management system for in-house subcontract workers. In order to prevent industrial accidents of the increasing in-house subcontract workers, the Japanese Ministry of Health, Labor, and Welfare has ordered the establishment of guidance to supplement OSHA while intensifying the level of management supervision to ensure such guidance is adhered. The important point of consideration provided by the review of Japanese subcontract safety measures is that all parties including the principal employer, subcontracting company, and the subcontract workers all embraces the legislative regulations which leads to the effective operations of such regulations. Also, in Japan the general appreciation for safety regulations is positive due to their government-backed safety and health system and cooperative labor-management relationship. Above all, they have successfully eliminated boundaries between contractors and subcontractors in adherence to law and safety related matters.