Enforcement Rules of the Labor Inspection Law（2002.12.31）
Enforcement Rules of the Labor Inspection Law (2002, 12, 31 Modified)
Chapter I General Provisions
Article 1 These Rules are drawn up according to Article 39 of the Labor Inspection Law (hereinafter referred to as the Law).
Article 2 The dangerous machinery or equipment mentioned in the Law refers to the dangerous machines or equipment stipulated in Article 8 of the Labor Safety and Health Law.
Article 3 The labor statutes and regulations mentioned in Item 4 of Article 4 of the Law are statutes and regulations regarding labor insurance, labor welfare, employment service and other relevant subject matters.
Chapter II Labor Inspection Institutions
Article 4 The relevant authorities mentioned in Paragraph 1 of Article 5 of the Law refers to the Export Processing Zone Administration Office of the Ministry of Economic Affairs, the Science-Based Industrial Park Administration Office of the National Science Council, Executive Yuan and other authorities delegated by the central competent authority to perform the functions and duties of labor inspection.
Article 5 Labor inspection institutions delegated in accordance with Paragraph 1, Article 5 of the Law shall regularly submit reports of their supervisory activities and inspection results to the central competent authority for approval and administrative record.
The central competent authority shall supervise and evaluate these institutions on a regular and/or an unannounced basis.
Article 6 The severity rate of occupational accidents mentioned in Article 6 of the Law refers to the total number of lost workdays per one million work hours as the result of incidents of injury or death; the occurrence rate of incidents of injury or death refers to the number of incidents per one million work hours.
Article 7 Labor inspection institutions may, in accordance with Article 7 of the Law, request organizations in concern supply labor inspection materials, including names of the business entity, name of the employer, addresses, telephone number, number of workers and other related information.
Chapter III Labor Inspectors
Article 8 The professional training program in Article 9 of the Law refers to pre-employment training for the new inspectors and on-the-job training and studies for the existing inspectors.
Article 9 New inspectors not fulfilling the pre-employment training referred to in the preceding Article shall not be given individual inspection assignments by the inspection institutions. The labor inspection institutions may cite compelling reasons and after receiving formal approval from the central competent authority, this restriction may be lifted under special circumstances.
Article 10 When labor inspector notifies business entity of the inspection schedule in accordance with Paragraph 1 of Article 13 of the Law, labor inspector shall confirm that the inspection application submitted by the business entity pursuant to Article 26 or Article 38 of the Law has been examined and approved, and the inspection date has been arranged and scheduled by the labor inspection institution.
Article 11 When labor inspector notifies business entity of the inspection schedule in accordance with Paragraph 2 of Article 13 of the Law, the inspector shall confirm that the application for the inspection of dangerous machinery or equipment submitted by the business entity has been examined and approved, and the inspection date has been arranged and scheduled by the labor inspection institution.
Article 12 Prior to notifying business entity of the inspection schedule in accordance with Paragraph 3 of Article 13 of the Law, the inspector shall finish the registration of the occurrence of occupational incident in the business entity.
Article 13 Business entity has any one of the following circumstances the labor inspector can perform the preservation and seizure of materials/equipments prescribed in Item 4 of Paragraph 1, Article 15 of the Law:
1.Violation of use of materials/equipments prohibited by the Labor Safety and Health Law.
2.Violation of labor statutes and administration regulations and laws.
3.Essential to the determination of the cause of occupational incident.
4.Other violations approved by the labor inspection institution.
When the cause for the preservation and seizure mentioned in the preceding paragraph have been eliminated or after the labor inspection institutions have approved the application submitted by the business entity, the preserved and seized materials may be released.
Article 14 When labor inspector engages in the preservation and seizure of materials prescribed in Item 4 of Paragraph 1 of Article 15 of the Law, the inspector shall produce a list and place sealing tapes on each and all of the preserved and seized item(s).
The sealing tape(s) mentioned in the preceding Paragraph shall bear the seal of the labor inspection institution and list the following items:
1.Name of the inspection institution.
2.Name(s) of the preserved and seized materials.
3.Date when the preservation and seizure takes place.
4.Legal and administrative basis for the action.
Article 15 When business entity applies for the examination or duplication of the documentation or materials seized by the labor inspection institution in accordance with Paragraph 3 of Article 15 of the Law, it shall submit a written application within 30 days following the day after the inspection; the labor inspection institution shall supply the requested materials with 30 days following the day after receipt of the application.
Article 16 When labor inspector engages in search and seizure activities in accordance with Article 16 of the Law, the inspector shall abide by the related provisions prescribed in the Criminal Procedures Law.
Chapter IV Delegated Inspection Institutions and Delegated Inspectors
Article 17 The inspections of dangerous machinery and equipment may be undertaken by the delegated inspector assigned by the delegated inspection institution prescribed in Article 17 of the Law refers to the periodical inspection and other inspection designated and publicly announced by the central competent authority.
Article 18 The scope of inspection for the administrative authorities or public business entities designated as the delegated inspection institutions in accordance with Article 17 of the Law is limited to the dangerous machinery and equipment owned by their subsidiaries.
Chapter V Inspection Procedures
Article 19 Prior to entering into a business entity for inspection as prescribed in Article 22 of the Law, the labor inspector shall inform the employer and labor union of the purpose of the inspection and request assigned personnel accompanying the inspection.
Article 20 The labor inspection identification card shall be renewed every other year, and shall be returned at the end of the inspector’s employment. The labor inspection identification card shall have the photo of the inspector and shall contain the following information:
1.The name of the affiliated unit.
2.Name, job title and serial number.
3.Authorization of the statutes and administration regulations and the scope of inspection.
Article 21 In the event that a business entity objects to the contents of the inspection report issued by the labor inspection institution, it shall submit a written request with explanations to the labor inspection institution within 10 days following the day after receipt of the report.
Before the labor inspection institution adopts other appropriate measures, the dead line for improvement prescribed in the inspection report in the preceding paragraph shall not be discounted despite the objection of the business entity.
Article 22 The inspection report mentioned in paragraph 2 of Article 25 of the Law refers to the notification of the report of inspection results issued by the labor inspection institution requesting immediate rectification or improvements with a specific dead line.
Article 23 A business entity shall publicly announce the results of the inspection as prescribed in Paragraph 2 in Article 25 of the Law with one of the following methods:
1.When publicly announce the full contents of the inspection result notification issued by the labor inspection institution, it shall be publicly displayed in one of the following areas:
a.The place where the business entity regulates its workers performing their functions and duties.
b.Bulletin boards located in the cafeteria, dormitories and every workplace where the workers are performing their functions and duties.
c. Locations agreed upon with unions and/or labor representatives by negotiation.
2.When publicly announce the contents of an individual violation, only the machinery or place involved will be publicly announced.
Article 24 The workplace mentioned in Article 26 of the Law refers to the site where, during the duration of labor contract, the workers are providing their labor in accordance with the contract and the employer or his agent designates a person managing labor matters can control or manage.
Article 25 The workplace of the petrochemical industry which process the cracking of petroleum mentioned in Clause 1 of Paragraph 1 of Article 26 of the Law refers to the workplace performing the cracking of petroleum products to produce basic petrochemical raw materials.
Article 26 The workplaces manufacturing agricultural chemicals mentioned in Clause 2 of Paragraph 1 of Article 26 refers to the workplace where methylisocyanate, hydrogen chloride, ammonia, formaldehyde, peroxide, or pydridine are used as raw materials to produce the original body of agricultural chemicals.
Article 27 The firework manufacturing factories mentioned in Item 3 of Paragraph 1 of Article 26 of the Law refer to factories manufacturing firecrackers, fireworks and other related products by using chlorate, perchlorate, nitrate, sulphur, sulphide, phosphide, charcoal powder, metal powder and other raw materials. The workplace manufacturing gunpowder or explosives refers toworkplace where chemical materials are used to produce explosive products.
Article 27 – 1 The container for high-pressure gases prescribed in Clause 4, Paragraph 1 of Article 26 of the law refers to those containers processing and/or storing high-pressure gases. The following equipments are exception of this article.
1.Moveable production equipments.
2.Stand-alone positioned production equipments for non-toxic or non-flammable high-pressured gases.
4.Air conditioning equipments and refrigerating equipments using fluorochlorane as cooling agent.
The steam boiler prescribed in Clause 4, Paragraph 1 of Article 26 of the Law refers to the installations and its heat conducting and coal reducing peripherals that produce steam pressure in excess of one atmosphere pressure and has heat conducting surface in excess of five hundred square meters by using open flame, burning gases or other high temperature gases heating water or heat conductor.
Article 28 The capacity mentioned in Clause 4 of Paragraph 1 of Article 26 of the Law refers to steam boiler which has a heat conducting surface in excess of five hundred square meters, or high-pressure gas container which has the freezing capacity of handling over one hundred fifty tons per day, or has the capacity of handling one of the followings:
1.The capacity of handling one thousand cubic meters Oxygen, toxic gases or high-pressured inflammable gases.
2.Five thousand cubic meters of other gases not prescribed in the preceding clause.
Article 29 The quantities of dangerous and harmful materials mentioned in Clause 5 of Paragraph 1 of Article 26 of the Law shall follow the regulations listed in Tables 1and 2.
Article 30 (Deleted)
Article 31 Major occupational incidents mentioned in Article 27 of the Law refer to one of the following:
1.Any incident in which a fatality is involved.
2.Any incident in which three persons are involved.
3.More than one person involved and required hospitalization as the result of leakage of chemical compound involving ammonia, chlorine, hydrogen fluorine, phosgene, hydrogen sulphur, sulfur dioxide.
4.Any other incidents designated and publicly announced by the central competent authority.
Article 32 （Deleted）.
Article 33 When labor inspection institution notifies the business entity to stop operation in part or in whole in accordance with Articles 27 through 29 of the Law, the length of stoppage shall be determined by the inspection institution based on the results of the inspection.
Should the stoppage in whole mentioned in the preceding Paragraph exceeds 7 days, the labor inspection institution shall submit its decision to the central competent authority for examination and approval.
Article 34 The written notification prescribed in Articles 27 through 29 of the Law for stoppage shall include the following information:
1.The business entity receiving stoppage notice, name and address of the employer.
2.Legal basis for stoppage.
3.Reasons for work stoppage.
4.The starting and ending dates of work stoppage.
5.The scope of work stoppage.
6.The conditions and procedures for filing of resume work.
7.The institutions enforcing work stoppage.
When necessary, the scope of the work stoppage prescribed in Clause 5 of the preceding Paragraph shall be defined by photographs and graphics.
Article 35 The labor inspection institutions, in giving business entities written notification for work stoppage as prescribed in Articles 27 though 29 of the Law, when necessary shall post work stoppage notices around the concerned workplace and install warning signs clearly distinguishing the area of work stoppage.
Article 36 When the business entity applies for resuming work in accordance with Article 30 of the Law, the inspection institutions shall give written notice to resume work after the causes of work stoppage have been eliminated.
The written notification for resuming work mentioned in the preceding Paragraph shall include the following:
1.The name of the business entity applying for resumption, name of the employer and address.
2.The date of resumption of work.
3.The scope of the resumption of work.
Article 37 Upon completion of the inspection of dangerous machinery and equipment agent inspector shall make description of inspection failures in the remark section of the original inspection record or in any other required documents and make a formal record. The designated persons who are present at the inspection shall also sign the inspection records.
Article 38 Article 20 shall also be applicable to the Agent Inspector identification cards mentioned in Paragraph 4 of Article 31 of the Law.
Article 39 The conspicuous place(s) prescribed in Article 32 of the Law refers to the places listed in Paragraph 1 of Article 23 of the Law.
Business entities in placing the public notices at places mentioned in the preceding Paragraph in pursuant to Article 32 of the Law shall be in accordance with the following:
1.The size of the text, the height of the posted notice(s) and their positions shall be arranged for ease of reading by the workers.
2.The notices shall be in place permanently and shall be replaced with newer copies should they become tarnished.
Chapter VI Penalties
Article 40 (Deleted).
Chapter VII Supplementary Provisions
Article 41 These Rules shall be in effect from the day of promulgation.