(1) A business owner shall formulate a plan for preventing hazards and dangers pursuant to this Act or any order issued under this Act (hereinafter referred to as "hazard prevention plan") and submit it to the Minister of Employment and Labor for review, as prescribed by Decree of the Ministry of Employment and Labor, in any of the following cases; provided, any business owner who meets the standards prescribed by Decree of the Ministry of Employment and Labor in consideration of industrial accident rates, etc., among the business owners prescribed in subparagraph 3, shall directly review a hazard prevention plan and prepare a report on the results of such review to submit it to the Minister of Employment and Labor: <Amended on May 26, 2020>
1. Where an owner of business of a type and scale prescribed by Presidential Decree intends to install or relocate the entire structure, machinery, apparatus, equipment, etc. directly related to the process of manufacturing the relevant products or to make any major structural alteration thereto;
2. Where a business owner intends to install or relocate any machinery, apparatus, or equipment, which is used for hazardous or dangerous work or at a hazardous or dangerous place or used to prevent health impairments, among the machinery, apparatus, or equipment prescribed by Presidential Decree, or to make any major structural alteration thereto;
3. Where a business owner intends to commence construction works of a scale, height, etc. prescribed by Presidential Decree.
(2) When any business owner intending to commence construction works prescribed in paragraph (1)3 (excluding business owners prescribed in the proviso, with the exception of the subparagraphs, of paragraph (1)) prepares a hazard prevention plan, he or she shall hear the opinions of persons meeting the qualification requirements prescribed by Decree of the Ministry of Employment and Labor, such as the qualification in construction safety.
(3) Notwithstanding paragraph (1), where a business owner has submitted a process-safety report referred to in Article 44(1) to the Minister of Employment and Labor, a hazard prevention plan is deemed submitted with respect to the relevant hazardous or dangerous equipment.
(4) The Minister of Employment and Labor shall review a hazard prevention plan submitted pursuant to the main clause, with the exception of the subparagraphs, of paragraph (1) as prescribed by Decree of the Ministry of Employment and Labor and provide a written notice of the results of such review to the relevant business owner. In such cases, where deemed necessary to maintain and promote the safety and health of employees, the Minister of Employment and Labor may order the suspension of the relevant work or construction works or an amendment to the plan.
(5) A business owner prescribed in paragraph (1) shall keep in the place of business a hazard prevention plan that he or she has directly reviewed under the proviso of that paragraph, with the exception of the subparagraphs, or that has been reviewed by the Minister of Employment and Labor under paragraph (4) as well as the results of such review.
(6) Where a business owner intending to commence construction works prescribed in paragraph (1)3, who keeps a hazard prevention plan and the results of its review in the place of business pursuant to paragraph (5), determines it necessary to amend the hazard prevention plan due to changes in the construction method of the relevant construction works, etc., such business owner shall amend the plan and keep such amended plan.