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2023 각주 산업안전보건법령 1 기본이론 편

2023 각주 산업안전보건법령 1 기본이론 편

  • 이정열,이영호
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  • 에듀콕스
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  • 2022-05-31 출간
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  • 384페이지
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  • 190 X 260 mm
  • |
  • ISBN 9791190377119
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출판사서평

[머리말]

 

최근 산업현장의 안전과 보건에 대한 관심과 더불어 산업안전지도사 및 산업보건지도사 자격시험의 위상이 한층 높아지고 있습니다. 그러나 애석하게도 시험과목 중 가장 비중을 많이 차지하는 산업안전보건법, 산업안전보건기준에 관한 규칙, 사업장 위험성평가에 관한 지침, 제조물 책임법, 중대재해 처벌 등에 관한 법률 등 관련된 모든 법령을 아우르는 산업안전보건법령의 상세한 해설을 제대로 담은 교재 및 강의가 아직껏 없는 것이 안타까운 현실입니다.

 

이에 필자는 기출문제를 모두 분석하고 필자의 모든 역량을 담아 산업안전보건법령의 설명 가능한 모든 부분에 대하여 상세히 각주(脚註)로써 해설을 담은 교재를 목표로 집필하였고 그 결과물로써 본서를 출판하고 동시에 강의를 출시하기에 이르렀습니다. 본서는 산업안전보건법령의 이해에 관심 있는 독자들과 산업안전지도사 및 산업보건지도사 시험을 준비하는 수험생을 위한 해설서로써, 모든 내용이 시험에 적합하도록 내용 및 구성을 이루고 있습니다. 본서는 『① 기본이론 편』과 『② 기출문제 및 부록 편』 총 2권으로 구성되며, 강의수강을 위해서는 2권 모두 별책으로 각각 구입하셔야 합니다. 본서의 특징은 다음과 같습니다.

 

① 모든 해설 및 기출빈도는 장기간의 조사 및 검증을 거쳐 각주에 상세하게 기술.

② 법령공부의 정석과 논리에 따라 편집. 특히 좌 · 우측 페이지 배열에 대한 편집을 고려하여 페이지 넘김 없이 하나의 논점은 한 눈에 인지되도록 하고, 기출문제 또는 기출예상문제 등 중요사항은 ‘볼드체(Bold)’, ‘이탤릭체(Italic)’ 그리고 ‘밑줄(Underline)’ 등으로 표기.

③ 필자만의 독창적인 ‘표’와 ‘그림’을 삽입하여 텍스트만으로 이루어진 법령의 시각적 이해도 높임.

④ 과년도 기출문제에 대한 상세한 해설을 지양하고 관련 조문 번호만 간단히 표기 본서는 방대한 양으로 인해 필자의 강의가 수반되지 않고서는 법제처에서 다운로드할 수 있는「3단비교표」만도 못한 시간만 뺏는 독배(毒杯)가 될 가능성이 높습니다.

 

따라서 본서의 강약조절과 시간절약 그리고 정확한 이해를 위해서 반드시 필자의 강의를 수강하시길 강권(强勸)합니다. 이점 유념하여 본서를 구입하시길 바랍니다.

 

본서를 통하여 여러분이 시험에 자신감을 갖게 되고 자격증 취득 기간을 단축할 수 있다면 필자는 더 없는 큰 기쁨을 얻을 것입니다. 법령의 공부는 요약서가 아닌 조문 자체의 지속적인 통독(通讀)이 기본 원칙임을 절대 잊지 마시길 바랍니다. 필자의 저술 의도에 맞추어 본서를 차분히 읽고 고민하면 어느 순간 법 전체를 관통하는 리걸마인드(Legal Mind: 법률적 사고방식)가 자연스럽게 형성됨을 분명 깨닫게 될 것입니다.

 

본 지면을 빌어 제 삶을 주관하시는 하나님, 저희 가족의 건강과 행복을 늘 기도하시는 양가 부모님과 동생들 그리고 아내 한혜정과 아들 예선에게 감사드립니다. 더불어 본서의 출판과 동영상 강의출시에 도움을 주신 ‘1타에듀’ 임직원 여러분께 감사드립니다. 시험을 준비하는 수험생 여러분, 부디 소망을 이루기를 기원합니다.

목차


| 차 례 : 『① 기본이론 편』
chap.Ⅰ 산업안전보건법령 기본이론 1
1. 법령의 종류 및 적용순위 ····················································································· 3
2. 기간의 계산방법 ·································································································· 4
3. 벌칙 ···················································································································· 5
4. 형벌 ···················································································································· 5
5. 지방자치단체 ······································································································ 6
6. 조문의 해석방법 ·································································································· 6

chap.Ⅱ 산업안전보건법령 7
【 ‘도급인’과 ‘수급인’ 】······························································································· 8
【 ‘도급인’과 ‘건설공사발주자’ 】 ················································································ 8
【 ‘도급인’과 ‘건설공사발주자’의 비교 】······································································· 8
제1장 총칙 ················································································································ 9
【 정부 등 조직체계 】····························································································· 14
【 ‘사업주’와 ‘근로자’ 】···························································································· 14
【 ‘관할 지방고용노동관서의 장’과 ‘산업안전보건공단’ 】············································· 15
【 안전보건관리체제의 조직도 】··············································································· 26
제2장 안전보건관리체제 등 ···················································································· 27
제1절 안전보건관리체제 ··················································································· 27
【 ‘안전보건관리책임자’(제15조)와 ‘관리감독자’(제16조) 】········································· 31
【 ‘안전관리자’(제17조)와 ‘보건관리자’(제18조) 】······················································ 42
【 안전보건관리담당자(제19조) 】············································································· 43
【 산업보건의(제22조) 】·························································································· 43
제2절 안전보건관리규정 ··················································································· 53
【 ‘산업안전보건위원회’(제24조)와 ‘안전보건관리규정’(제25조 이하)의 비교 】············· 56
제3장 안전보건교육 ······························································································ 57
【 ‘근로자에 대한 안전보건교육’(제29조)과 ‘안전보건관리책임자 등에 대한 직무교육’(제32
조)의 비교 】········································································································· 62
제4장 유해ㆍ위험 방지 조치 ················································································ 71
【 ‘유해위험방지계획서’(제42조 이하) 】···································································· 88
【 ‘공정안전보고서’(제44조 이하) 】·········································································· 95
【 안전보건진단 】···································································································· 97
【 ‘유해위험방지계획서’, ‘공정안전보고서’ 및 ‘안전보건개선계획(서)’ 】······················· 102
【 각종 위험ㆍ재해 우려 또는 발생 시 조치 비교(제51조 이하) 】··························· 109
제5장 도급 시 산업재해 예방 ············································································ 113
제1절 도급의 제한 ·························································································· 113
【 도금작업 등 사내 도급 승인 등의 절차 】···························································· 115
【 ‘안전보건관리책임자’(제15조)와 ‘안전보건총괄책임자’(제62조)의 비교 】··············· 118
제2절 도급인의 안전조치 및 보건조치 ·························································· 119
【 ‘작업장 순회점검’(제64조제1항) 및 ‘합동 안전ㆍ보건점검’(제64조제2항)의 비교 】122
【 안전 및 보건에 유해하거나 위험한 작업의 도급(제58조 이하) 】·························· 126
【 ‘도급인’과 ‘건설공사발주자’ 】 ············································································ 128
【 ‘도급인’과 ‘건설공사발주자’의 비교 】··································································· 128
제3절 건설업 등의 산업재해 예방 ································································· 129
【 ‘건설공사 기간의 연장’(제70조) 및 ‘설계변경’(제71조)의 비교 】·························· 135
【 ‘산업안전보건위원회’, (안전 및 보건에 관한)‘협의체’ 및 (안전 및 보건에 관한 협의체 특
례)‘노사협의체’ 】································································································· 142
제4절 그 밖의 고용형태에서의 산업재해 예방 ··············································· 145
제6장 유해ㆍ위험 기계 등에 대한 조치 ···························································· 149
제1절 유해하거나 위험한 기계 등에 대한 방호조치 등 ······························· 149
제2절 안전인증 ······························································································· 157
제3절 자율안전확인의 신고 ············································································ 169
제4절 안전검사 ······························································································· 173
【 안전인증대상, 자율안전확인대상 및 안전검사대상의 비교 】·································· 178
제5절 유해ㆍ위험기계등의 조사 및 지원 등 ················································· 185
제7장 유해ㆍ위험물질에 대한 조치 ··································································· 189
제1절 유해ㆍ위험물질의 분류 및 관리 ·························································· 189
【 ‘유해인자 유해성ㆍ위험성 평가’ 및 ‘신규화학물질 유해성ㆍ위험성 조사’ 】············· 208
【 ‘물질안전보건자료 제출’ 및 ‘중대한 건강장해 우려 화학물질의 유해성ㆍ위험성 조사’】209
【 대통령령 상의 제조등금지물질 및 허가대상물질 】··············································· 217
【 ‘제조등금지물질’ 및 ‘허가대상물질’의 비교 】························································ 218
제2절 석면에 대한 조치 ················································································· 219
【 석면조사 】········································································································ 221
제8장 근로자 보건관리 ······················································································ 229
제1절 근로환경의 개선 ··················································································· 229
【 작업환경측정 】·································································································· 238
제2절 건강진단 및 건강관리 ·········································································· 241
【 건강진단결과의 제출 및 보고】············································································ 242
【 전자(기)파 : Electromagnetic Wave】······························································ 248
【 일반건강진단 】·································································································· 252
【 특수건강진단 등 】····························································································· 253
【 임시건강진단 명령 등 】····················································································· 254
【 건강진단 공통사항 】·························································································· 254
【 산업안전지도사와 산업보건지도사의 직무비교 】·················································· 266
제9장 산업안전지도사 및 산업보건지도사 ························································· 267
【 지도사의 ‘연수교육’과 ‘보수교육’ 】······································································ 274
제10장 근로감독관 등 ······················································································· 277
【 산업재해 예방활동의 보조ㆍ지원 취소, 환수 등 】················································ 278
제11장 보칙 ······································································································ 279
【 서류의 보존 】··································································································· 289
제12장 벌칙 ······································································································ 295
【 행정형벌 】 ······································································································ 303
【 과태료 】 ········································································································· 303

chap.Ⅲ 산업안전보건기준에 관한 규칙 (약칭 : 안전보건규칙) 305

chap.Ⅳ 사업장 위험성평가에 관한 지침 341
제1장 총칙 ··········································································································· 343
제2장 사업장 위험성평가 ····················································································· 344
제3장 위험성평가 인정 ························································································ 348
제4장 지원사업의 추진 등 ··················································································· 352

chap.Ⅴ 제조물 책임법 353

chap.Ⅵ 중대재해 처벌 등에 관한 법률 (약칭 : 중대재해처벌법) 359
제1장 총칙 ··········································································································· 361
제2장 중대산업재해 ····························································································· 365
제3장 중대시민재해 ····························································································· 371
제4장 보칙 ··········································································································· 375

교환 및 환불안내

도서교환 및 환불
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반품안내
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