Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

Chemicals Convention, 1990 (No. 170) - Republic of Korea (Ratification: 2003)

1. The Committee notes the detailed information contained in the Government’s first report and notes that the Industrial Safety and Health Act No. 3532 of 31 December 1981, the enforcement decree of the Industrial Safety and Health Act No. 10889 of 9 August 1982, and the enforcement regulations of the Industrial Safety and Health Act No. 17 of 29 October 1982, ensure the legislative conformity with a majority of the provisions of the Convention.

2. Article 4 of the Convention. National policy. The Committee notes that the Government refers to national legislation and guidelines in implementing this Article of the Convention concerning the formulation, implementation and periodical review of a coherent policy on safety in the use of chemicals at work. The Committee requests the Government to provide additional information in its next report on the national policy that was formulated on safety in the use of chemicals at work and the measures taken or envisaged to review it periodically.

3. Article 6. Classification systems. The Committee notes the Government’s reference to the classification systems based on the International Maritime Goods Code (IMDG) and Dangerous Goods Regulations (DGE) on the transport of dangerous goods and that the United Nations Recommendation on transport of dangerous goods is taken into account, the latter currently being revised using the classifications developed within the United Nations Globally Harmonized System of Classification and Labelling of Chemicals (see http://www.unece.org/ trans/danger/publi/ghs/ghs_welcome_e.htm.). The Committee requests the Government to provide information on the measures taken to revise the classifications of chemicals.

4. Article 12. Monitoring exposure. The Committee notes that section 42(1) of the Industrial Safety and Health Act provides that employers monitor the work environment and record the results of such monitoring. The Committee requests the Government to provide additional information on measures taken to ensure that employers monitor and record workers’ exposure to hazardous chemicals and the time period for keeping such records.

5. Article 19. Responsibility of exporting States. The Committee requests the Government to provide information on measures taken or envisaged to ensure that, if and when hazardous chemicals that are prohibited for reasons of safety and health at work are exported, this information is communicated to the importing country.

6. Parts III and V of the report form. Practical application of the Convention and decisions by courts or tribunals. The Committee requests the Government to provide additional information in its next report on the practical application of the Convention, such as extracts from inspection reports and, where such statistics exist, information on the numbers of workers covered by the measures giving effect to the Convention, disaggregated by gender, if possible. It also asks the Government to provide information on whether any court of law or other tribunal have given decisions involving questions of principle relating to the application of the Convention, as well as any other information that would enable the Committee to better appreciate the application in practice of the Convention.