Busan Metropolitan City Ordinance on the Investigation and Prevention of Recurrence of Construction Accidents
Enforcement Date 22. May, 2024.
Busan Metropolitan City Ordinance No. 7300, 22. May, 2024., Enactment
- Article 1 (Purpose)
- The purpose of this ordinance is to regulate the necessary matters for promptly conducting investigations and follow-up actions in cases of serious construction accidents occurring in Busan Metropolitan City, in accordance with Article 105 (3) of the Enforcement Decree of the Construction Technology Promotion Act.
- Article 2 (Definitions)
- The terms used in this ordinance are defined as follows:
- 1. The term “Serious accident” means a serious construction site accident as defined in Article 105 (4) of the Enforcement Decree of the Construction Technology Promotion Act in relation to construction works defined under Article 2 (4) of the Framework Act of the Construction Industry.
- 2. The term “Accident investigation” means the process of collecting and analyzing information and data related to a serious accident, determining the cause, preparing a report, and recommending or suggesting preventive measures to relevant authorities to prevent similar accidents.
- 3. The term “Construction project participant” means those defined in Subparagraph 2 or Subparagraph 3 of Article 62 (13) of the Enforcement Decree of the Construction Technology Promotion Act.
- Article 3 (Scope of Application)
- (1) This ordinance applies to all serious construction accidents that occur within the jurisdiction of Busan Metropolitan City (hereinafter referred to as “City") and its affiliated institutions, including local public corporations and local public enterprises under the Local Public Enterprises Act (hereinafter referred to as "Affiliated Institutions").
- (2) Unless otherwise specified by other ordinances, this ordinance shall apply to serious accidents.
- Article 4 (Accident Investigation)
- (1) When a serious accident occurs, the head of the relevant department responsible for the project or the permit shall promptly conduct an accident investigation and may designate public officials to serve as accident investigation officers.
- (2) The head of the relevant department may request construction project participants to submit materials necessary for the accident investigation, and the participants shall cooperate actively.
- (3) Accident investigation officers shall carry identification that shows their authority and must not interfere with legitimate activities of construction project participants or disclose any confidential information obtained during the investigation.
- (4) Once the investigation is complete, the results shall be documented and managed, and made available on the City’s website.
- (5) The investigation results shall also be communicated to districts, counties, and affiliated institutions to raise awareness of accident prevention and safety, as well as to prevent similar incidents.
- Article 5 (Measures to Prevent Secondary Damage)
- (1) If the investigation results indicate the potential for secondary damage, the head of the relevant department may instruct construction project participants to take specific safety measures within a designated period, including:
- 1. Controlling access to areas where accidents may occur
- 2. Removing hazards that could cause accidents
- 3. Performing emergency repairs or reinforcements
- 4. Other measures necessary to prevent safety accidents
- (2) If the construction project participants fail to implement the required safety measures, the Mayor of Busan Metropolitan City (hereinafter referred to as “Mayor”) may take immediate action and recover the costs from the responsible parties.
- Article 6 (Establishment of the Construction Accident Investigation Committee)
- In the event of a serious accident within the City’s jurisdiction, the Mayor may establish and operate the Busan Metropolitan City Construction Accident Investigation Committee (hereinafter referred to as “Committee”), which shall be dissolved upon the completion of its duties, including the investigation and response to the accident.
- Article 7 (Composition and Operation of the Committee)
- (1) The Committee shall consist of up to 12 members, including one Chairperson.
- (2) The Chairperson shall be the head of the relevant project or permit department and shall oversee the committee's work to ensure the investigation is conducted clearly and fairly.
- (3) Members shall be selected based on their qualifications and expertise, ensuring diversity in education, profession, civic representation, and age, and shall include:
- 1. Public officials involved in construction technology
- 2. Members of the Busan Metropolitan City Council
- 3. Employees of organizations and research institutes related to construction technology
- 4. Experts with extensive knowledge and experience in construction technology
- 5. Experts with over 10 years of experience in the construction industry
- 6. Others deemed necessary by the Mayor to ensure fairness and professionalism in the investigation
- (4) Members shall be appointed or commissioned by the Mayor in consultation with the relevant project or permit departments, taking into account the circumstances of the serious accident.
- (5) The Committee shall convene with a majority of members present and make decisions by majority vote of those present. Members who submit their opinions in writing prior to the meeting may be deemed to have participated with the agreement of the Committee.
- (6) The Chairperson may replace committee members during the investigation if necessary due to changes in expertise required.
- Article 8 (Functions of the Committee)
- The Committee shall perform the following tasks:
- 1. Collect and organize information related to the accident
- 2. Investigate the circumstances and causes of the construction accident
- 3. Prepare and submit an accident investigation report
- 4. Provide recommendations or suggestions for the prevention of recurrence of similar accidents
- Article 9 (Disqualification, Recusal, and Abstention)
- (1) The Mayor shall disqualify committee members from participating in the investigation if any of the following apply:
- 1. The member or their spouse (or former spouse) is a party to the case or has a shared right, obligation, or liability with the party.
- 2. The member has a family or close relationship with the party involved, either currently or in the past.
- 3. The member is affiliated with a company that is a party to the case.
- 4. The member has been involved in consulting, research, or work related to the project or accident site, or has been affiliated with such a company.
- (2) A party to the investigation may request the disqualification of a committee member if there are reasonable grounds to believe the member will not conduct a fair investigation.
- (3) Members may voluntarily recuse themselves from the investigation with the Chairperson’s approval if they fall under any of the circumstances outlined in paragraph (1) or if there are grounds for a disqualification request under paragraph (2).
- Article 10 (Identification)
- (1) When notifying the Committee of an investigation, the Mayor shall issue identification to committee members and accident investigation officers.
- (2) The issuance of identification shall serve as an official appointment, and the identification must be returned upon the completion of the investigation or upon resignation or termination of the appointment.
- Article 11 (Recommendations for Preventive Measures)
- (1) The Chairperson may notify construction project participants of the analysis results and recommend that they establish preventive measures to avoid similar accidents.
- (2) The construction project participants who receive recommendations must establish and implement improvement measures to prevent the recurrence of serious accidents and report the results to the Chairperson within three months.
- (3) If the participants are unable to implement the measures within three months, they may report the reasons to the Chairperson and request an extension.
ADDENDUM
Ordinance No. 7300, 22. May, 2024.
- This ordinance shall enter into force on the date of its promulgation.
