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KMID : 0895420130230020137
Journal of Korean Society of Occupational and Enviromental Hygiene
2013 Volume.23 No. 2 p.137 ~ p.147
A Comparative Legal Study of Germany, the United Kingdom, Japan and Korea for the Regulations on Special Management Materials
Choi Sang-Jun

Phee Young-Gyu
Kim Shin-Bum
Kim Won
Abstract
Objectives: This study was conducted in order to evaluate the limitations of the regulations on the safety and health standards for special management materials(SMM) under the Industrial Safety and Health Act in Korea.

Methods: Hazardous chemicals management systems in Germany(Hazardous Substances Ordinance), the UK(Control of Substances Hazardous to Health Regulations), Japan(Ordinance on Prevention of Hazards due to Specified Chemical Substances) and Korea(Regulation of Occupational Safety and Health Standards, ROSHS) were investigated and compared in terms of 14 items.

Results: Among the 14 items, we eventually found seven items which should be amended: 1) definition and scope, 2) general duties clause, 3) principles of management, 4) preventive measures, 5) control measures, 6) risk assessment, and 7) record keeping. The principal limitations of Korean regulations in comparison with those of other countries were that there were no preventive measures such as substitution, and no principles of good practices for the control of exposure to SMM. In terms of control measures, there were no regulations on suitable workplace design, reducing the number of exposed workers, reducing the level and duration of exposure, and reducing the quantity of hazardous substances in ROSHS.

Conclusions: Based on the results of this study, ROSHS should be complemented with preventive measures and the principles of management related to SMM. According to the suggestions, an employer who deals with SMM should preferably consider the possibility of substitution and perform substitution so far as is reasonably practicable.
KEYWORD
hazardous chemicals, special management materials, substitution, carcinogen
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