Ryu Hyuncheol, Occupational Safety and Health Headquarters Chief: "DN Automotive Manipulated Lead Levels... Limits to Punishment Under OSH Act, Law Amendment Needed"

The Ministry of Employment and Labor has called for amendments to the law, saying it is difficult to directly punish DN Automotive under the current Occupational Safety and Health Act over allegations that it administered chelation injections to workers to lower their blood lead levels. The ministry believes there is insufficient legal basis to penalize conduct that undermines the occupational safety and health system by lowering health examination results without improving working conditions.

Ryu Hyun-cheol, head of the ministry's Occupational Safety and Health Headquarters, said at a press briefing held at the Government Complex Sejong on October 19, "It is clear that this case involves highly distorted corporate conduct intended to lower workers' blood lead levels without improving working conditions."

Ryu said, "This undermines the foundations of the workplace environment measurement and special health examination systems, which have been at the center of workplace health management for decades." He added, "The company bears the greatest responsibility because its conduct runs counter to the purpose of these systems." He also said, "If the National Assembly discusses legislation to penalize conduct that undermines the occupational safety and health system, such as chelation, we will actively cooperate."

Chelation is a treatment in which medication is administered to help remove heavy metals from the body. DN Automotive is suspected of improperly administering chelation injections to workers before special health examinations to prevent their blood lead levels from showing up as high.

Ryu Hyeoncheol, head of the Occupational Safety and Health Headquarters at the Ministry of Employment and Labor, speaks at a briefing on legislative initiatives for industrial safety during the November regular session, hosted by the Democratic Party of Korea’s Industrial Accident Prevention Task Force at the National Assembly on the 17th. Yonhap News.

The ministry explained that because current law does not directly regulate chelation itself, it is difficult to apply the Occupational Safety and Health Act based solely on the administration of injections. Ryu said, "The Occupational Safety and Health Act cannot be used to punish the practice of lowering blood exposure levels in advance through chelation injections."

In August, the ministry asked the police to investigate possible violations of other laws during the chelation process. Ryu said, "There are limits to what an administrative investigation alone can establish about whether related institutions and the company colluded." He added that the ministry is actively cooperating with the police investigation, including by submitting relevant circumstances and materials. "If any institutions colluded with a company like this, we will also take that matter very seriously," he said.

The ministry previously identified 68 violations of the Occupational Safety and Health Act at DN Automotive's Ulsan plant, referred the cases for prosecution, and imposed a fine of 46.2 million won. It ordered equipment used in lead exposure processes to be taken out of service and suspended the operations of a workplace environment measurement agency after finding that it had conducted inadequate measurements. DN Automotive was also referred to the police for investigation on suspicion of obstruction of business and other offenses.

The ministry has expanded its special inspections to 14 battery manufacturing sites and plans to inspect around 150 lead-handling sites nationwide classified as high-risk workplaces. It is also pursuing orders for temporary health examinations and safety and health assessments to protect workers' health. The ministry is discussing a plan to have a panel of experts recommended by labor, management, and the government review epidemiological investigations and whether improvement measures have been implemented.

The ministry will separately review whether the Serious Accidents Punishment Act applies. It explained that occupational disease cannot be determined solely on the basis of blood lead exposure levels, and that the decision must take into account the results of each worker's health examinations and other relevant information.

The ministry also expressed regret over delays in consultations and coordination between labor and management during its response. Ryu said, "We should have worked to ensure consultations between labor and management proceeded smoothly, including by involving experts or adjusting schedules, but there were delays, and we deeply regret our responsibility for them."

He stressed, "We cannot say we have fulfilled our responsibility simply because we carried out administrative procedures. It is also the ministry's responsibility to expedite procedures and support labor and management in reaching an agreement." The ministry said it plans to use this case as an opportunity to review the broader occupational health management system at industrial workplaces, including the management of chemicals, and pursue improvements to the system, going beyond inspections of individual workplaces.

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