산업안전보건법상 사내하도급근로자의 산업안전과 도급사업주의 책임

초록

If a client company have employed contractors with employees at its own workplace, the client should be liable to protect the contract employees' safety and health. It is because the clients could control their own premises and industrial hazardous. OSHA section 29 have spelled out the standards of safety and health for the client's responsibility in contracting a work out to a contractor. The responsibility is not a joint liability with the contractor, who has employed contract employees and provided the employees for the client. It's only liable to take measures for the safety and health of contract employees. Such limited liability of the clients could not contribute to the prevention of industrial accidents. In addition, the section 29, which provide the client's responsibility, is only applied to some industries like the construction and manufacturing. In principle, the clients, who could create and control any occupational risks, should take responsibility to prevent industrial accidents in its own workplace to protect contract employees' safety and health from the accidents. Even though the clients have not the status of employer in a employment contract, they can infringe on contract employees' right to safely work. It's because that the workplace, in which the contract employees perform their work, is the client's own worksite. Then, the client should take a liability for providing a safe and healthful workplace to some independent contractors, that is the self-employed, as well as contract and agency employees. Because all workers in the client's workplace could be exposed to some risks which could be produced and controled by the client. Then, the section 29 of OSHA should be amended to ask the clients to take more responsibility, when contract employees work together with the clients' employees in the same workplace. This explores the client's responsibility for contract employees'occupational safety and health under OSHA.

키워드