산업재해 예방을 위한 근로자 의무와 역할의 개선방안 연구

Abstract

Workers play an important role in recognizing and preventing risks at work sites. However, the current Occupational Safety and Health Act does not provide rights and obligations commensurate with the worker's role as an industrial accident prevention agent. The study analyzed the regulations on workers' industrial accident prevention roles and obligations in major countries and presented the following implications to improve workers' duties and roles as subjects of industrial accident prevention.
 First, the obligations of workers are specified: ① the duty to pay attention to the safety and health of others affected by their work performance (duty of care), ② the duty to work in accordance with training and instructions on safe work provided by the employer (obligation to comply), ③ reflects the obligation to report immediately upon discovery of an imminent risk of industrial accident (reporting obligation), ④ obligation to cooperate to identify the risks of the workplace and to select appropriate measures(duty of cooperation). Second, by limiting the scope of workers' obligations, it prevents comprehensive obligations from being imposed or the employer's obligations from being passed on to the employees. Third, there should be punishment provisions for workers' violation of their obligations, but punishment should be given for intentional and obvious violations, and the worker's violation of the law should not be interpreted as a reason to defend the employer's violation of the law. Fourth, judicial liability, such as disciplinary action and compensation for damages resulting from a violation of an employee's obligations, is limited to an appropriate scope considering the characteristics of the employment contract. Fifth, give workers the right to improve safety and health (right to participate, right to suggest, right to request improvement, right to report, etc.) and promote active activities.
 I‘m expecting that by using the research results, future workers' participation in workplace safety and health improvement and industrial accident prevention activities will be promoted, and self-discipline based on the responsibility of industrial accident prevention subjects will be quickly established.