This study examines the legal issues concerning the unit of application under Chapters 2 and 3 of the Occupational Safety and Health Act (OSHA) in relation to schools within the education service industry. Based on an analysis of industrial accident cases involving both field workers and other occupational groups that may warrant extended coverage, as well as an investigation into the current operation of occupational safety and health systems for Educational Official Employees by metropolitan and provincial offices of education, this paper seeks an appropriate interpretative approach for fair and effective safety and health management in school settings.
The Ministry of Employment and Labor has regarded the entire jurisdiction of each local office of education as a single “workplace” under the OSHA, considering uniformity in employment conditions and administrative convenience. However, to achieve substantial prevention of occupational accidents in schools, a more field-oriented management system is required.
There is little justification for excluding public schools from the scope of the OSHA, since education and administrative support work also involve various risks. Accordingly, the current exclusion criterion based solely on “whether one is a field worker” should be reconsidered.
Gradual expansion of the field worker designation through official notices could broaden OSHA coverage, and “hazardousness and risk level” should serve as the primary criterion. Under this standard, the duties of special education assistants supporting students with disabilities could reasonably be classified as field work. However, since most occupations already require job-specific training, merely adding separate safety training would not necessarily be effective. Instead, integrating safety education into existing job training programs would better reflect the characteristics of labor management in school environments.
By improving the detailed criteria of occupational accident statistics, it should be made possible to analyze the number, rate, and types of accidents occurring in schools at all levels. In addition, offices of education should establish a management system to monitor overall accident conditions within their jurisdiction so that such data can be effectively utilized in formulating policies for the prevention of accidents among school personnel.