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KMID : 0895420140240020103
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Journal of Korean Society of Occupational and Enviromental Hygiene
2014 Volume.24 No. 2 p.103 ~ p.112
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A Study on Legal Limits of Occupational Safety & Health Law and Application of Private Standards
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Jung Jin-Woo
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Abstract
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Objectives: The present system of occupational safety and health law gives priority to traditional command and control regulations. However, this may give rise to problems such as the delay of standard-setting and shortages of human resources. The aim of this study is to examine the usability of private standards in occupational safety and health systems.
Materials: After the limits of occupational safety and health law were examined, an application plan for private norms (EN, as enforced in the EU) and occupational safety and health management systems (OSHMS) was investigated.
Results: The utilization of private norms and OSHMS may address the limits of the current legal system. In particular, OSHMS is known internationally as a measure for achieving improvements in overall occupational safety and health performance. As a result, occupational safety and health law and private norms/OSHMS are complementary to one another.
Conclusions: Even though the utilization of private standards may give rise to legal questions, such standards as complementary measures to traditional command and control regulations need to be utilized progressively in occupational safety and health systems.
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KEYWORD
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command and control regulations, occupational safety and health law, occupational safety & health management systems, private norms, private standards
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