산업안전 보건법의 이해

노사가 반드시 알아야 할 산업안전보건법. 법만 잘 지켜도 귀한 생명을 구할 수 있다!

산업현장에서는 매일 6~7명의 아까운 목숨이 희생되고 있다. 이로 인해 근로자는 가정이 파괴되고 사업주는 엄청난 경제적 피해를 입는 악순환이 거듭되고 있다. 산업안전보건법에서는 노사가 반드시 준수해야 할 여러 규정을 두고 있지만 안타깝게도 대부분의 사업장에서는 관심조차 기울이지 못하고 있다. 법 자체가 워낙 방대한 데다 기술성, 전문성 등으로 접근하기가 어려운 탓이다. 이 책은 공인노무사인 저자가 30여 년간 산업현장을 누비며 취득한 자료와 경험을 바탕으로 초보자도 쉽게 산업안전보건법을 이해할 수 있도록 일목요연하게 쓰인 점이 특징이다. 또한 최근 10년 동안 각 사업장에서 자주 나온 질문을 골라 최근 법령에 맞게 답변을 정리함으로써 감독자와 작업자가 현장에서 바로 상황에 대처할 수 있도록 야전교범 식으로 꾸며졌다.

머리말 ····················································· 5



제 1 장 産業安全保健管理의 必要性

1. 必要性·························································································································9

2. 産業災害統計··············································································································9



제 2 장 産業安全保健法 槪要

1. 制定 背景·················································································································11

2. 特徵···························································································································11

3. 産業安全保健法의 體系···························································································12



제 3 장 産業安全保健法 總則

1. 目的···························································································································14

2. 用語···························································································································14

3. 適用範圍(법 제3조) ··································································································20

4. 産業災害豫防 責務···································································································22

5. 公表制度···················································································································35



제 4 장 安全?保健管理體制

1. 安全保健管理責任者(법 제13조) ·············································································38

2. 管理監督者(법 제14조) ····························································································42

3. 安全管理者(법 제15조) ····························································································43

4. 安全管理代行機關····································································································60

5. 保健管理者(법제 16조) ····························································································60

6. 保健管理代行機關····································································································66

7. 産業保健醫(법 제17조) ····························································································67

8. 安全保健總括責任者(법 제18조) ·············································································68

9. 産業安全保健委員會(법 제19조) ·············································································69



제 5 장 名譽監督官 및 安全保健管理規定

1. 名譽監督官················································································································80

2. 安全保健管理規定(법 제20조) ·················································································86



제 6 장 有害?危險 豫防措置

1. 安全上의 措置(법 제23조) ···········································································90

2. 保健上의 措置(법 제24조) ··············································································105

3. 筋骨格系 疾患 豫防義務··········································································114

4. 作業中止(법 제26조) ············································································119

5. 有害?危險作業의 都給禁止(법 제28조) ·················································123

6. 都給事業에 있어서의 安全?保健 措置(법 제29조) ································124

7. 産業安全保健管理費·····································································132

8. 災害豫防專門指導機關······································167

9. 事業場내 安全保健敎育(법 제31조) ·····················································171

10. 管理責任者 등에 대한 職務敎育(법 제32조) ································181

11. 有害?危險 기계 ?기구의 防護措置(법 제33조) ··························184

12. 有害?危險 機械?器具 등의 대여 시 安全措置·······················································186

13. 安全認證(법 제34조) ····································································188

14. 自律 安全 確認 申告(법 제35조) ·······················································192

15. 安全檢査(법 제36조) ······························································194

16. 有害物質 製造?使用等의 禁止(법 제37조) ········································196

17. 有害物質製造?使用等의 許可(법제 제38조) ······································198

18. 石綿調査 等(법 제38조의2) ·······································202

19. 石綿 解體?除去 작업자를 통한 석면의 해체 ?제거(법 제38조의4) ·······················206

20. 石綿 濃度 基準 遵守 等(법 제38조의5) ································207

21. 新規化學物質 有害?危險性 調査(법 제39조) ·································209

22. 有害인자 許容基準의 준수(법 제39조의2) ·········································212

23. 物質安全保健資料(법 제41조) ······························································213



제 7 장 勤勞者의 保健管理

1. 作業環境測定(법 제42조) ··································································220

2. 作業環境測定指定機關···································································237

3. 근로자 健康診斷(법 제43조) ··························································237

4. 疫學調査(법 제43조의2) ····························································254

5. 健康管理手帖 制度(법 제44조) ·················································255

6. 疾病者의 근로금지 ?制限(법 제45조) ··········································257

7. 勤勞時間 延長의 制限 및 無資格者 등의 就業制限(법 제46조) ·····························258



제 8 장 監督과 命令

1. 有害?危險防止計劃書(법 제48조) ·········································································262

2. 自體審査 및 確認業體 指定制度··········································································267

3. 安全保健診斷(법 제49조) ······················································································271

4. 安全保健改善計劃(법 제50조) ···············································································272

5. 工程安全보고서(법 제49조의2) ·············································································273



제 9 장 書類의 保存

법령, 규칙상 별표내용

1. 밀폐공간(제229조제1호 관련, 별표 18) ·······························································282

2. 법의 일부적용 대상사업 및 일부적용규정(영 별표 1) ·········································284

3. 안전관리자를 두어야 할 사업의 종류 ?규모, 안전관리자의 수 및 선임방법

(제12조제1항 관련, 영 별표 3) ············································································286

4. 안전관리자의자격(영 별표 4) ················································································288

5. 보건관리자를 두어야 할 사업의 종류 ?규모와 보건관리자의 수 및 선임방법

(영 별표 5) ·············································································································290

6. 안전관리비의 항목별 사용내역 ··············································································291

7. 산업안전보건관련교육과정별 교육시간(시행규칙 별표 8) ····································295

8. 교육내용(시행규칙 별표 8의2) ··············································································296

9. 건설업체 산업재해발생률 및 산업재해 발생 보고의무위반건수의

산정 기준과 방법(규칙 제3조의2제1항, 별표 1) ·················································296

10. 과태료의 부과기준(시행령 제48조 별표 13) ······················································299



부 록 산업안전보건기준에 관한 규칙 ·································309

이종호 저자 이종호는 고용노동부 30여 년 근무(산업안전감독관, 산업안전과장 등). 현 강남노무법인 책임노무사, 현 건설기술교육원(산업안전보건법 해설 강연), 현 안전관련단체,산업체 등에서 산업안전보건 관련 강연 활동 중. 2006년도 공인노무사 자격 취득