E. Recommending Institutional Arrangements to Protect the Right to
Health of Workers Exposed to Reproductively Harmful Factors and
Their Children
On July 12, we recommended that the Minister of Employment and Labor amend related
acts such as the Occupational Safety and Health Act, Labor Standards Act, and Industrial
Accident Compensation Insurance Act to better protect the right to health of workers exposed to
reproductively harmful factors and their children.
Reproductively harmful factors include working conditions such as night shifts and prolonged
standing in addition to reproductively toxic chemical substances. In particular, a total of 44
reproductively toxic substances, which refer to substances adversely affecting the reproductive
functions of parents and the gestation and growth of babies and thus leading to infertility,
miscarriage, and fetal abnormalities, are being monitored as of 2018.
However, according to the Commission's factual survey in 2016, those who responded as
being aware of reproductive toxicity hovered at a mere 20%. Many still considered reproductive
health a matter that only concerns women and were ignorant of the fact that subfertility,
infertility, miscarriage, and stillbirth can be caused by work.
Pursuant to the Occupational Safety and Health Act, etc., employers are obligated to provide
information on chemical substances at workplaces and safety and health education. However,
such information and education are not sufficiently provided on-site, and requests for safety and
health data are often turned down under the pretext of business confidentiality.
We judged that it is critically necessary to come up with ways to inform workers about
harmful substances in an easy-to-understand manner and to guarantee workers the right to access
and be offered data on safety and health at workplaces. In addition, we highlighted the need to
amend related acts to extensively include jobs dealing with reproductively toxic substances in
jobs not applicable to pregnant women, etc., and exclude pregnant women from being targets
of night shifts or reinforce the permissible criteria for the targets of night shifts. In particular, we
recognized the need for a more aggressive interpretation of damage to the health of children of
workers incurred by their job performance as job-related accidents and for the amendment of
related legal provisions such as Article 5 of the Industrial Accident Compensation Insurance Act.
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