Legislative Improvements for the Prevention of Industrial Accidents among Foreign Workers

Numerous domestic and international studies and statistics clearly show that foreign workers are more vulnerable to industrial accidents compared to their domestic counterparts. Germany is a prime example of a country that has systematically addressed these signals. Centered around its statutory accident insurance institution, the DGUV, Germany recognizes foreign workers as a group requiring special protection and emphasizes preventive policies that consider their unique circumstances. While education is at the core, Germany secures the practical safety of foreign workers through multi-dimensional measures. It is particularly interesting that Article 4 Section 6 of the German Occupational Safety and Health Act provides the legal foundation for this approach.<br/> Referencing the German model, four institutional improvements are proposed to introduce a special preventive approach tailored to the situation in South Korea:<br/> First, to clarify the legal basis for ensuring the safety and health of vulnerable workers, including foreigners, by adding a new clause to Article 5 of the Korean Occupational Safety and Health Act regarding “standards for preventing the special risks of groups particularly vulnerable to industrial accidents.” Second, to amend the Ministry of Employment and Labor's “Standard Safety Management Regulations.” This would involve including key on-site measures for foreign workers, such as safety and health education and safety signs, in the deliberation and resolution agenda of the Occupational Safety and Health Committee, and requiring that meeting outcomes be announced in the native languages of the foreign workers. Third, to encourage voluntary improvements by employers by granting certification and providing tangible benefits to companies with excellent safety and health systems for foreign workers, among those that meet certain criteria like risk assessment accreditation. Finally, to establish a region-based education support system by creating a (tentatively named) “Training Program for Foreign Safety Education Instructors” and a “Certification System for Foreign Occupational Safety and Health Interpreters.”