Category 
(Corresponding 
Article of Serious Accidents Punishment Act ("SAPA"))

Key Contents of Proposed Enforcement Decree of SAPA
(the “Enforcement Decree”)

Scope of
“Occupational Illness”
(Article 2, Item 2.C)

• SAPA definition of “Serious Industrial Accident”: During any given year, three or more persons suffer from an “Occupational Illness” due to the same risk factor

  -  Scope of “Occupational Illness” enumerated in Attachment 1 of the Enforcement Decree

Establishment and Implementation of Safety and Health Management System
(Article 4 (1) 1) 

Eight Key Action Items

• Set the safety and health target and management policy for businesses and workplaces

• Establish work protocol which can check, confirm and improve hazard/risk factors, taking into account the specific attributes of the workplace and tasks, and check the status of its implementation

• Place a sufficient number of professional safety and health personnel, and support them to carry out their tasks

• Allocate a budget sufficient to secure personnel, facility and equipment related to safety and health every year, and establish a system to ensure that the budget is appropriately spent and managed

• For businesses or workplaces with 500 or more employees (construction companies whose construction capability is within the top 200 companies), create an organization that exclusively handles safety and health-related work

• Obtain workers’ opinions at least once every quarter, and make necessary improvements 

• Prepare a response plan in case of an imminent risk of a serious industrial accident (e.g., work suspension, evacuation, reporting and removal of risk factor), a relief plan to address a serious industrial accident, and procedures for prevention of additional harm and reporting protocol.  Check and verify status at least once every six months.

• Prepare evaluation standards and a procedure to confirm the following in case of subcontracting, service or entrustment arrangements, and check/confirm the status of implementation:

1. Capability and skills of subcontractors, service providers and entrustees to prevent accidents

2. Appropriate expenditures being borne by subcontractors, service providers or entrustees relating to safety and health.

Managerial Measures Necessary to Satisfy Obligations Under the Safety and Health-Related Laws
(Article 4 (1) 4)

• “Safety and Health-Related Laws” refer to the laws related to the safety and health of “Workers,” which are applicable to the relevant business or workplace.

Three Key Action Items

1. Receive a report on the results of inspection on whether the obligations under the Safety and Health-Related Laws are satisfied, at least once every six months (this can be entrusted to a third party designated by the Ministry of Employment and Labor).

2. Based on the report, arrange personnel so that they can satisfy the obligations under the Safety and Health-Related Laws, and allocate/expend additional budget, etc.

3. Confirm whether safety and health training was conducted to address harmful or otherwise dangerous tasks, and take necessary measures (e.g., secure additional budget).

Category 
(Corresponding 
Article of SAPA)

Key Contents of Enforcement Decree

Establishment and Implementation of Safety and Health Management System 
(Article 9 (1) 1)

1. Verify appropriate staffing in terms of number of safety and health personnel in accordance with applicable laws to ensure adequate assignment of tasks to prevent serious public accidents.

2. Review whether sufficient budget is allocated to maintain safety and health personnel, facilities and equipment under applicable laws, and ensure that the budget is expended appropriately.

3. In the case of raw materials and products set forth in Table 5, prepare and implement a work handling process, which include the following:

   1. Matters related to identification and inspection of hazard/risk regarding raw materials and products

   2. Matters related to reporting, request for response measures and improvement thereof in case of finding hazard/risk regarding raw materials and products

   3. Matters related to the reporting process in case of a serious public accident, measures to prevent additional damages, and improvement measures based on a cause analysis.

      [Raw Materials and Products for Which Work Process Procedure Must Be Prepared (Table 5)] 1. Toxic gases, 2. Agricultural pesticides, natural plant protection agents, and equipment that utilizes agricultural pesticide, 3. Narcotics, 4. Fertilizers, 5. Active substances and biocidal products, 6. Foods, food additives, tools, containers,  and packaging, 7. Drugs, quasi-drugs, and drugs/quasi-drugs for animals, 8. Radioactive substances, 9. Medical devices, 10. Explosives, 11. Accident-prone substances, and 12. Other equivalent raw materials and products that are harmful to life and/or body.

4. Check and verify matters listed under Items 1 and 2 (appropriate organization and budget) at least twice a year and take necessary measures such as securing additional personnel and/or budget.

Managerial Measures Necessary to Satisfy Obligations Under the Safety and Health-Related Laws
(Article 9 (1) 4)

• “Safety and Health-Related Laws” refer to "laws which are applicable to raw materials and/or products produced, manufactured, sold and/or distributed by the relevant business or workplace, and are related to the prevention and safe management of hazard/risk factors that the raw materials and products may have on human life and body."

1. At least once every six months, check (or receive a report on) whether the obligations under the Safety and Health-Related Laws are satisfied, and take necessary measures such as securing additional personnel and/or budget (this can be entrusted to a third party expert).

2. Check (or receive report) whether training was conducted to satisfy the obligations under the Safety and Health-Related Laws, and take necessary measures such as conducting additional training.

Category 
(Corresponding 
Article of SAPA)

Key Contents of Enforcement Decree

Scope of Public Facilities
(Article 2, Item 4)

• Facilities, structures, and business sites, which are deemed to be public facilities, are specifically stipulated.

• “Other equivalent facilities” include gas stations (with a footprint of at least 2,000m²), amusement facilities (e.g., amusement parks), bridges, and tunnels that were built more than ten years.

Establishment and Implementation of Safety and Health Management System 
(Article 9 (1) 1)

1. On an annual basis, check (or receive a report on) the following matters to ensure that a sufficient number of safety and health personnel was assigned to prevent serious public accidents:

   1. the number of personnel necessary to implement a safety plan, and whether such personnel have been allocated

   2. whether tasks were properly assigned to safety and health personnel.

2. On an annual basis, check (or receive a report on) the following matters to ensure a safety/health-related budget is sufficiently allocated and executed to prevent serious public accidents:

   1. the size of the budget necessary to implement a safety plan, and whether such budget was allocated

   2. whether the safety/health-related budget was expended in accordance with its purpose.

3. Ensure that a safety plan, which includes the following, is established and implemented every year:

   1. Matters related to establishing organizations and securing personnel, etc. necessary to maintain and manage safety

   2. Matters related to conducting safety inspection or detailed safety assessment and inspection/maintenance

   3. Matters related to maintenance such as repairs.

4. Check whether annual safety inspection is properly conducted.

5. Ensure that a crisis management plan is established, which includes the following:

   1. Matters related to confirmation, inspection, and mitigation of hazard/risk factors

   2. Matters related to reporting, request for response measures, and improvement thereof in case of finding hazard/risk factors

   3. Matters related to emergency response measures, measures to prevent additional damages, reporting to relevant government authority, and improvement measures in case of serious public accident

   4. Matters related to safety exercises (e.g., evacuation drills) in case of emergency. 

6. Check and confirm Items 1 through 4 above at least once every six months and take necessary measures such as securing additional personnel and/or budget.

7. Take necessary measures in case of finding hazard/risk factors (e.g., request for improvement/repair and restriction on usage).

8. In case of subcontracting, entering into service agreement or entrustment to a third party in connection with operation or management of facilities, check the following and take necessary measures to secure safety of users:

   1. capability of third party with respect to safety management and taking accident prevention measures

   2. payment of adequate fees to ensure safety of users.

Managerial Measures Necessary to Satisfy Obligations Under Safety and Health-Related Laws
(Article 9 (1) 4)

• “Safety and Health-Related Laws” refer to “laws applicable to the relevant public facilities and public transportation, and related to the protection of safety and health of users.”

1. At least once a year, check (or receive a report on) whether the obligations under the Safety and Health-Related Laws are satisfied, and take necessary measures (this can be entrusted to a third party designated by the Ministry of Land Infrastructure and Transportation).

2. At least once a year, verify (or receive report) whether either a safety manager or manager in charge of repair/inspection completed the necessary training.