FIC Logo

Useful Info

Back to List
Labor Relations

Safety and Health Measures for Contracting Projects

10/1/2025
Views 1
Author:system
In cases where projects are carried out through multi-tier subcontracting, subcontractors often have very small-scale operations and high dependency on the principal contractor, leading to generally poor working environments and a high risk of neglecting safety and health management. The Occupational Safety and Health Act (hereinafter referred to as the OSH Act) addresses this by separately stipulating restrictions on contracting hazardous and dangerous work and the obligations of principal contractors. First, Article 28 of the OSH Act prohibits contracting out work that is separated solely for hazardous and dangerous operations specified in the Enforcement Decree, such as electroplating work, work handling heavy metals like mercury, lead, and cadmium, etc., without obtaining approval from the Minister of Employment and Labor (violation punishable by imprisonment of up to 5 years or a fine of up to 50 million won). For businesses in the construction industry, including workers employed by contractors and subcontractors, with 50 or more regular workers, such as those in primary metal manufacturing, ship and boat building, quarrying, and manufacturing (100 or more workers), the business owner must establish a consultation body between the contracting company and the business owner to prevent industrial accidents that may occur when their own workers and those of subcontractors work in the same place. They must conduct safety and health management, such as workplace patrol inspections at least once every two days, and take measures such as guidance and support for safety and health education for workers performing subcontracted work. Additionally, business owners falling under the above categories must form an inspection team consisting of one business owner from the subcontractor, one from the principal contractor, and one worker each from the principal contractor and subcontractor to conduct regular or ad hoc safety and health inspections of the workplace (Article 29, Paragraphs 1 and 3 of the OSH Act; violation punishable by a fine of up to 5 million won). Meanwhile, those who contract out construction work, shipbuilding and repair work, and other hazardous and dangerous businesses designated by the Minister of Employment and Labor to others must include industrial safety and health management costs for preventing industrial accidents in the contract amount at the time of contracting. Subcontractors must not use these industrial safety and health management costs for purposes other than preventing industrial accidents and health impairments, and must prepare a detailed statement of use and preserve it for one year (Article 30, Paragraphs 1 and 3 of the OSH Act; violation punishable by an administrative fine of up to 10 million won).

Comment 0

Please log in to leave a comment.

Non-members can only view comments.

Log In