중대재해처벌법 대응을 위한 건설현장 안전보건관리체계 범위에 관한 연구

Abstract

A serious accident refers to an industrial accident in which the severity of the accident, such as death, is severe, or in which a large number of injured persons occur. According to the Occupational Safety and Health Act, a serious accident is defined as an accident in which one or more fatalities, two or more injured persons requiring treatment for 3 months or longer, or ten or more injured or occupational diseases occur simultaneously. The reason that the law distinguishes major disasters from general disasters and stipulates separate treatment procedures is to prevent recurrence of such disasters in the future in consideration of the severity of the damage. It should be understood that the Major Accident Punishment Act, which recently strengthened the responsibility of business owners and business managers for the occurrence of serious accidents, is for the prevention and recurrence of serious accidents rather than punishment for those responsible. As the Serious Accident Punishment Act came into effect on January 27, 2022, business owners and managers of businesses or workplaces that are actually controlled, operated, and managed have the duty to secure safety and health for workers. Here, the obligation to secure safety and health means to prevent serious industrial accidents by strengthening safety and health measures through the establishment of a safety and health management system. However, in the Serious Disaster Punishment Act, the specific scope and action plan for each project for the establishment of a safety and health management system are not presented, so preparations for and response to the enforcement of the law are insufficient. Therefore, the establishment of a safety and health management system (hereinafter referred to as the “safety and health management system”) at the workplace where a serious accident occurs is the key, and how to effectively and specifically establish and operate it is an important factor. However, in order to establish an effective and specific safety and health management system through the Serious Disaster Punishment Act and related instructions, it is difficult to respond to the law because the scope and direction of the safety and health management system are insufficient. In this study, for one month from November 18th to December 17th, 2021, 7 construction sites were inspected through three institutions: a health and safety diagnosis institution (Article 48 of the Industrial Safety and Health Act) and a construction accident prevention expert guidance institution. For a total of 12 sites including 5 civil engineering sites, 13 items were checked on the fulfillment of obligations in accordance with safety and health laws Therefore, this study draws on the scope of the safety and health management system at construction sites required by the Serious Disaster Punishment Act and the direction of effective system construction.