사내하도급근로자에 대한 도급사업주의 안전배려의무와 산안법상 안전보호조치의무

Abstract

In shipbuilding and steel industries, many employers have increasingly employed contract employees who are provided by contractors. The employers can not be responsible for the contract employees regarding to Occupational Safety and Health Act(OSHA), because they don't directly employ the employees. However, we have found that more contract employees have been exposed to workplace injuries, especially fatalities than directly employed employees in the industries. Then, some have criticized that the employers have transferred the danger of the work related injuries to contract employees of contractors. Contract employees should be protected from the serious hazards and enjoy their right to health and life in a workplace as well as regular employees. It requires employers using the service of contract employees in their establishments to undertake the legal responsibility for providing a safe and healthful workplace. In addition, the Act should provide contract employees with the right to claim safety measures by employers. This explores the duty to provide a safe working conditions, employer's responsibility for contract employees in the duty, legal effects of OSHA in private laws and employer's duty to take a safe measure for contract employees. In conclusion, this makes a suggestion for the new legislation to provide contract employees with a safe and health working conditions in advance.