근골격계 부담 작업으로 인한 건강재해의 예방(중량으로 인한 질환을 중심으로)


The Protection of Workers' Health Against the Work-Related Musculoskeletal Disorders


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The Work-related musculoskeletal disorders(MSDs) are a serious, pervasive problem throughout whole workplaces.
The U. S. Bureau of Labor Statistics (1995) has reported that in one year there were 705,800 cases of days away from work that resulted from overexertion or pain from repetitive motion. Estimated costs associated with lost days and compensation claims related to musculoskeletal disorders range from $13 to $20 billion annually.
In Korea a total of 7,723 workers were suffering MSDs in 2007. The figure shows 73.9% of the total victims of indusrial accidents and diseases excluding deaths.
The injuries related to overexertion or repetitive motion are potentially disabling and can require long recovery periods. For example, workers need an average of 28 days to recuperate from carpal tunnel syndrome-more time than necessary for amputations or fractures.
The real solutions exist that can spare workers pain and pare expenses for their employers. It's time we began putting those solutions to work for everyone's benefit. No worker should take a job to earn a living only to return home disabled. And no employer should have to bear the expense associated with injuries that can be prevented.
The Korea Occupational Safety and Health Agency(KOSHA) has found substantial evidence that ergonomics programs can cut workers' compensation costs, increase productivity and decrease employee turnover. In fact, ergonomics began as an effort to streamline work processes and improve efficiency to save money. In short, good ergonomics is good economics.
The WISHA expects a 40-percent reduction in work-related MSDs through its new standard. This is based on research indicating that the lower the intensity, duration and frequency of exposure to physical risk factors at work, the lower the risk a worker will develop an MSD. Therefore, reducing the weight of objects workers must lift, limiting the time workers must work in awkward postures or cutting the number of repetitive motions workers must perform should reduce injuries. Evidence presented in comments to us and at the OSHA hearing indicated this is a promising approach.
The OSHA's experience has shown that workers may be reluctant to report problems early if doing so will cause them to miss work and lose pay. We must find a way to reassure employees that they won't be penalized for reporting injuries. This is particularly a problem for workers at smaller businesses, which often do not provide sick time.
While ergonomics relies on a scientific approach to fit the job to the worker, it isn't necessarily exact. Sometimes it requires experimentation. But every safety and health professional can identify solutions that eliminate musculoskeletal disorders that result from a mismatch between the job and the worker.
However, it is regrettable, that the KOSHA CODE H-5-1998, which gave a guideline for the weight of objects workers must lift, was repealed in 2007. The Code suggested that the male workers should not be allowed to lift more than 40% and the female workers not more than 24% of his/her own weight.
The measure was taken in the process of deregulation of the business. We have to differentiate the fields where regulation should be eased and where regulation should be tightened. Concerned with the safety and health of the workers, the tightening of the regulation would be rather considerable.


Ⅰ. 개설
  1. 입법현황
  2. 근골격계질환의 정의
  3. 근골격계 질환 현황
  4. 근골격계 질환의 발병과 특성
 Ⅱ. 작업성 근골격계질환의 예방
  1. 예방의무의 법제화
  2. 재정지원사업
 Ⅲ. 외국의 사례
  1. 미국의 경우
  2. EU-독일을 중심으로
 Ⅳ. 근골격계 재해 승소사례
  1. 중량물을 들다가 발생한 요추간판탈출증
  2. 자동차조립공정에서 이동용 운반구에 올리는 작업을 하던 중 발생한 허리 통증
  3. 자동차조립공정에서 장기간 무거운 물건을 운반하는 업무를 반복하여 발병
  4. 물리치료사가 환자를 안아서 옮기기는 등 근골격계에 부담이 되는 시술을 반복함으로써 발병
 Ⅴ. 결론 및 제언
 관련 규정


  • 이광택 Lee, Kwang-Taek. 국민대 법대 교수, 한국사회법학회 회장.


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