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SEOUL METROPOLITAN GOVERNMENT ORDINANCE ON THE PREVENTION OF INDUSTRIAL ACCIDENTS AND SUPPORT FOR LABOR SAFETY AND HEALTH

SEOUL METROPOLITAN GOVERNMENT ORDINANCE ON THE PREVENTION OF INDUSTRIAL ACCIDENTS AND SUPPORT FOR LABOR SAFETY AND HEALTH

CHAPTER I GENERAL PROVISIONS Article 1 (Purpose) The purpose of this Ordinance is to provide for matters necessary for preventing industrial accidents and enhancing labor safety and health in step with the changes in the industrial sites and working environments, thereby improving workers' safety and health.

Article 2 (Definitions) The terms used in this Ordinance are defined as follows:
1. The term "industrial accident" means any death, injury, or disease of a person who provides labor caused by work related to his or her duties or other duties;
2. The term "labor health and safety" means a state of having a safe and pleasant working environment that protects workers' physical and mental health from industrial accidents and employers from potential property damages;
3. The term "worker" means a person who provides labor in exchange for compensation regardless of the type of employment, and who is subject to the Occupational Health and Safety Act;
4. The term "employer" means a person who runs business using labor provided by workers regardless of the type of contract;
5. The term "Seoul-type honorary industrial safety supervisor" means a person who identifies, investigates, and improves various factors that pose threat to labor safety and health in places of business or work sites, and give instructions and suggestions thereabout.

Article 3 (Subjects of Application) This Ordinance shall apply to the workers and employers of places of businesses managed by the following institutions:
1. The Seoul Metropolitan Government (hereinafter referred to as the "Seoul Government") and administrative agencies affiliated therewith;
2. Public corporations or agencies of Seoul Government, and a City-invested or City-funded institution and its subsidiary;

Article 4 (Responsibilities of Mayor) (1) The Mayor of the Seoul Metropolitan Government (hereinafter referred to as the "Mayor") shall promote policies to prevent industrial accidents and to ensure workers' safety and health.
(2) The Mayor may establish a labor safety and health cooperative system with administrative agencies such as the Ministry of Employment and Labor, public institutions, and labor organizations to help prevent industrial accidents and to ensure workers' safety and health.
(3) The Mayor may provide workers and employers with necessary trainings, programs, and safety gears, and give them other preferential treatment, support, and so forth in order to attain the goals stated in Article 1.

Article 5 (Relationship to Other Ordinances of the Seoul Government) Except as otherwise provided in other statutes, regulations, and any other Ordinance of the Seoul Government, this Ordinance shall apply to the prevention of industrial accidents and workers' safety and health.

CHAPTER II ESTABLISHMENT AND IMPLEMENTATION OF LABOR SAFETY AND HEALTH POLICIES Article 6 (Formulation of Labor Safety and Health Plans) (1) The Mayor shall establish and implement a labor safety and health master plan (hereinafter referred to as "master plan") every three years in order to improve workers' safety and health.
(2) The master plan shall stipulate the following:
1. Plans to reinforce compliance with the Occupational Health and Safety Act by those subject to this Ordinance and to expand workers' participation therein;
2. Regular fact-finding surveys and support programs to prevent industrial accidents in areas with poor working environments;
3. Formulating Seoul-type labor safety and health measures by field;
4. Preparing relevant Seoul-type regulations such as those for preventing places of business from awarding contracts on dangerous or harmful work;
5. Offering Seoul-type labor safety and health guidelines and manuals;
6. On-site inspections on the implementation by places of businesses, trainings and consultations, and corrective measures;
7. Establishing and operating a honorary occupational safety inspector system and a public-private consultative body to conduct industrial accident prevention initiative;
8. Publicity promoting trainings and policies on labor safety and health;
9. Support programs to improve workers' safety and health;
10. Other matters the Mayor deems necessary.
(3) The Mayor shall establish and execute implementation plans, including budgets for industrial accident prevention projects and project plans for vulnerable workers, every year in accordance with the master plan.
(4) The Mayor may evaluate the performance of the subjects of application under Article 3 for ensuring labor safety and health, and reflect the evaluation results to management assessments and the like.

Article 7 (Labor Safety Investigators) (1) The Mayor may appoint a labor safety investigator to investigate matters regarding workers' safety and health.
(2) Qualifications and terms of office of the labor safety investigator and other necessary matters shall be prescribed by the Mayor.
(3) The labor safety investigator shall provide guidance and conduct inspections on, among other things, whether labor safety and health measures are implemented in accordance with relevant statutes, regulations, or Ordinances of the Seoul Government.
(4) The subjects of application under Article 3 shall fully cooperate with the guidance and inspection under paragraph (3).

Article 8 (Cooperation of Employers) Employers constituting the subjects of application under Article 3 shall endeavor to take the following measures to comply with statutes and regulations governing occupational safety and health, to prevent industrial accidents, and to improve labor safety and health.
1. Designating persons in charge of safety and health management;
2. Conducting preliminary educations for workers prior to commencing work in hazardous environments;
3. Providing personal safety equipment and purchasing insurance in case of an accident;
4. Cooperation such as permitting a labor safety and health investigator to enter the place of business;
5. Cooperation such as supporting the appointment of workers' representatives and honorary occupational safety inspectors, allowing their entry, and ensuring official time for their activities;
6. Establishing and operating the Occupational Health and Safety Committee, implementing matters deliberated and resolved thereby, and ensuring official time for their activities;
7. Ensuring subcontract workers and quasi-workers to participate in preventing industrial accidents;
8. Cooperation for other projects promoted by the Mayor to prevent industrial accidents and support labor safety and health.

Article 9 (Establishing Public-Private Consultative Bodies) (1) The Mayor may establish and operate a public-private consultative body involving institutions or facilities in the public and private sectors in order to prevent industrial accidents and to efficiently implement labor safety and health policies and programs.
(2) Detailed matters for the establishment and operation of the consultative body shall be prescribed by rule of the Seoul Government.

Article 10 (Seoul-Type Honorary Occupational Safety Inspectors) (1) The Mayor shall designate and operate Seoul-type honorary occupational safety inspectors to reinforce workers' activities to prevent industrial accidents.
(2) The Mayor shall appoint honorary occupational safety inspectors based on recommendation, from among workers and persons affiliated with labor unions or organizations specialized in preventing industrial accidents, and shall prescribe their qualifications, terms of office, duties, and other necessary matters.
(3) The Mayor shall formulate detailed operational regulations to guarantee the activities of honorary occupational safety inspectors such as those for ensuring official time for their activities and prohibiting disadvantageous treatment of them.
(4) The Mayor shall establish and operate a honorary occupational safety inspector committee, ensure its independent activities, and build cooperative systems with safety investigators and related agencies so that its inspections on places of business and preventative activities can lead to improvement in the places of business.

CHAPTER III LABOR SAFETY AND HEALTH ADVISORY COMMITTEE OF SEOUL GOVERNMENT Article 11 (Establishment and Functions) (1) The Mayor shall establish the labor safety and health advisory committee of the Seoul Metropolitan Government (hereinafter referred to as the "Committee") to deliberate and advise on important matters of the Seoul Government's labor safety and health policies.
(2) The Committee shall deliberate and advise on the following matters:
1. Formulation and evaluation of master plans and implementation plans;
2. Matters regarding the improvement of laws and systems affecting labor safety and health;
3. Matters for laying and expanding foundations for labor safety and health;
4. Other matters that the Mayor deems necessary for building environments friendly to labor safety and health.

Article 12 (Composition) (1) The Committee shall be comprised of up to 15 persons, including one Chairperson and one Vice Chairperson who are appointed from among and by the Committee members.
(2) Committee members shall be commissioned by the Mayor from among the following persons who have knowledge and experience in the area of labor safety and health; and the Director-General of the Labor and Citizens' Livelihood Policy Bureau of the Seoul Government shall serve as an ex officio member:
1. Members of the Seoul Metropolitan Council;
2. Persons who have relevant expertise or research experience;
3. Persons who have working experience in government agencies, civic groups, labor organizations, or international organizations.
(3) The Committee shall have a secretary who is the Director-General of Labor Policy Bureau.

Article 13 (Term of Office) (1) The term of office of each committee member shall be two years but may be renewed consecutively only once.
(2) The term of office of a committee member commissioned to fill a vacancy shall correspond to his or her predecessor's remaining term of office.

Article 14 (Exclusion from, Challenge to, and Refrainment by, Members) (1) A member of the Committee who has an interest in an agenda item related to advice shall be deemed excluded from serving as a member when deliberating on the relevant agenda.
(2) Where it is difficult for the chairperson to expect a member to provide fair advice on and coordinate the relevant agenda item, the chairperson shall prohibit the relevant member from providing advice and suggestions on the relevant agenda item.
(3) Where a member becomes aware that he or she has an interest in the relevant agenda item, he or she shall voluntarily refrain from deliberating on the relevant agenda item.

Article 15 (Grounds for Disqualification) (1) In any of the following cases, the Mayor shall dismiss a committee member from office:
1. Where the member is unable to perform his or her duties for reasons such as personal reasons;
2. Where the member divulges confidential information he or she has learned in the line of duty;
3. If a committee member is frequently absent from committee meetings;
4. If a committee member is found inappropriate for performing his or her duties on the ground of disrespectful behavior or any other ground.
(2) Decommission of members shall be in accordance with Article 8-2 of the Seoul Metropolitan Government Ordinance on the Establishment and Operation of Various Committees.

Article 16 (Duties of Chairperson) (1) The chairperson shall represent the Committee and preside over the affairs thereof.
(2) The vice chairperson shall assist the chairperson and, in any case where the chairperson is unable to perform his or her duties due to unforeseen circumstances, the vice chairperson shall act for the chairperson.

Article 17 (Meetings) (1) Committee meetings shall be divided into regular meetings and special meetings for the purpose of operation.
(2) Regular meetings shall be held on a semi-annual basis, while a special meeting shall be convened by the chairperson whenever the chairperson deems it necessary or at the request from at least 1/3 of the current members.
(3) A majority of the Committee members shall constitute a quorum.
(4) All committee meetings shall be open to the public, and minutes of each meeting shall be taken and made available for public inspection: Provided, That the Committee may to hold a closed meeting or restrict the inspection of minutes of a meeting by resolution, if it concludes that it is not appropriate to make a meeting open to the public in light of the nature of the issue.

Article 18 (Subcommittees) (1) The Committee may have subcommittees, where necessary.
(2) Members of a subcommittee shall be commissioned by the chairperson from among committee members, subject to deliberation by the Committee.

Article 19 (Allowances) Committee members who attend a committee meeting may be reimbursed for allowances and travel expenses in accordance with the Seoul Metropolitan Government Ordinance on the Payment of Allowances and Travel Expenses for Committees, within budgetary limits.

Article 20 (Enforcement Rules) Matters necessary for the enforcement of this Ordinance shall be prescribed by rule of the Seoul Government.

ADDENDUM
This Ordinance shall enter into force on the date of its promulgation.