[Exclusive] Amendment to OSHA Proposed: Strengthened Certification for Dangerous Machines May Allow SPC Safety Certification

[Death at the Bakery Factory] ⑦
Assemblyman Kim Taeseon of the Democratic Party Proposes OSHA Amendment
Mandates Safety Certification for Dangerous Machines
Includes Joint Labor-Management Determination of Conditions for Exercising the Right to Stop Work

In response to the death of a worker at an SPC Group bakery factory, the political community is moving to introduce legislation that will address institutional loopholes in machine safety management and the limitations of workers' right to stop work.

According to the political community on October 1, Assemblyman Kim Taeseon of the Democratic Party of Korea, a member of the National Assembly Environment and Labor Committee, is expected to sponsor a partial amendment to the Occupational Safety and Health Act (OSHA) as early as this week.

The amendment stipulates that even if a machine is not subject to mandatory safety certification, employers must obtain safety certification if, after considering the characteristics of the workplace, the usage environment, or the work process, they determine that the machine poses a significant risk. If the Minister of Employment and Labor receives a safety certification application from an employer, an immediate safety inspection must be conducted and safety certification can be granted.

The machines at the SPC bakery factory, where a total of three fatal accidents occurred between October 2022 and May of this year, were not subject to safety certification under Article 84 of the OSHA (Reference article: [Death at the Bakery Factory] ④The Law Is Useless in Front of Dangerous Machines with Many Loopholes). At the time, the sauce mixer, dough lift, and conveyor belt were classified as machines requiring only self-declaration of safety, meaning they could be operated after a simple reporting process rather than full safety certification. The Ministry of Employment and Labor has so far responded to each accident by revising the OSHA enforcement rules to include the relevant machines as subject to safety certification-a so-called "patchwork" approach.

The proposed amendment also includes provisions for labor and management to jointly determine the conditions for exercising the right to stop work. Through the Industrial Safety and Health Committee, a body for discussing occupational safety and health, labor and management can set criteria for exercising the right to stop work, taking into account the characteristics of each industry and workplace. While some large companies already set such requirements autonomously, this is the first time the law will mandate it.

The right of workers to stop machines in dangerous situations that could lead to industrial accidents is stipulated in Article 52 of the OSHA. However, the law only states that work can be stopped in the event of "imminent danger," without specifying detailed requirements, which has been subject to criticism. Analysis indicates that the fatal accidents at SPC occurred because the machines were not stopped in time.

On September 3, Assemblyman Kim also sponsored a partial amendment to the OSHA that would grant the right to stop work to worker representatives and honorary industrial safety supervisors, and prohibit employers from claiming damages against workers who exercise this right unless there is intentional or gross negligence.

Assemblyman Kim stated, "We will address the institutional shortcomings in the safety certification system and the limitations of the right to stop work revealed by the SPC tragedy," adding, "Employers will be required to take responsibility for obtaining safety certification, and labor and management will be able to agree on stopping work." He emphasized, "This amendment will help establish a culture of safety in the workplace and serve as an opportunity to guarantee workers' rights."

This content was produced with the assistance of AI translation services.