Chapter III Safety and Health Management
Article 23
(Ⅰ)Employers shall establish the safety and health organization and personnel based on the scale and characteristics of their business entities, and shall also prepare the occupational safety and health management plan to implement safety and health management and self-inspections.
(Ⅱ)Where the scale of business entities in the preceding paragraph reaches or exceeds a certain level, or have workplaces as stipulated in Paragraph 1, Article 15 herein, the business entities shall establish an occupational safety and health management system.
(Ⅲ)The Central Competent Authority may conduct on-site visits and inspections of the occupational safety and health management system stipulated in the preceding paragraph, and may publicly commend those with sound management performances once they are recognized.
(Ⅳ)The safety and health management referred to in Paragraphs 1 and 2 shall be managed by the employer, interim employer, or responsible people in workplaces comprehensively, and executed by the relevant personnel directed and supervised by various supervisors of the business entities based on their job duties.
(Ⅴ)Regulations regarding the scale and characteristics of business entities, safety and health organizations, personnel, job duties, management, self-inspections, and the establishment of occupational safety and health management systems in the preceding four paragraphs and other related matters to be complied with shall be stipulated by the Central Competent Authority.
Article 24
(Ⅰ)For positions requiring the operations of dangerous machinery or equipment referred to in Paragraph 1, Article 16 and other specific machines, the employer shall hire qualified personnel who have completed education and training or passed skills certification approved by the Central Competent Authority.
(Ⅱ)The categories of such other specific machinery referred to in the preceding paragraph, and the required capacities thereof, shall be announced by the Central Competent Authority.
(Ⅲ)When performing operations, the personnel referred to in Paragraph 1 shall carry out their duties in accordance with the standards and rules for safety and health equipment and measures prescribed pursuant to the authorizations under Paragraphs 1, 2, and 3 of Article 6.
Article 25
(Ⅰ)When business entities recruit contractors for projects, their contractors assume the responsibilities of the employers stipulated in the Act for the portion contracted; the original business entities shall assume joint liabilities with the contractors for occupational accident compensation. The above also applies to subcontractors.
(Ⅱ)When the original business entities violate the Act or related safety and health regulations, resulting in occupational accidents suffered by laborers employed by the contractors, they assume joint liabilities with the contractors for indemnity. The above also applies to subcontractors.
Article 26
(Ⅰ)Prior to contracting their works, business entities shall conduct risk assessment on the contracted works in advance, inform the contractors of the assessment results related to the work environment, hazardous elements, and safety and health equipment measures to be adopted, and require the contractors to execute the work based on the assessment results precisely during the contract period.
(Ⅱ)Prior to subcontracting the part contracted, if any, the contractors or subcontractors shall apply the requirements referred to in the preceding paragraph.
(Ⅲ)When leasing or lending workplaces or equipment to another person, business entities shall advise the person of the precautions related to the workplaces, hazardous factors of the equipment, and safety and health in advance.
Article 27
(Ⅰ)When business entities contract their operations, and work with workers of contractors and subcontractors, the original business entities shall institute the following necessary measures:
1.Establish a consultation group, and appoint a person responsible for supervision and coordination of the workplace.
2.Regulate and integrate work.
3.Conduct inspections of the workplaces.
4.Direct and assist in safety and health education and training related to the contractors.
5.Control the entry of machinery, equipment, tools, and personnel.
6.Other measures necessary to prevent occupational accidents.
(Ⅱ)If the business entities contract two or more contractors for joint operation, but the business entities themselves do not participate in such work, one of the contractors shall be designated to assume the business entities’ responsibilities set forth in the preceding paragraph.
(Ⅲ)Prior to subcontracting the part contracted, if any, the contractors or subcontractors shall also apply the requirements referred to in subparagraphs 2 through 6 of Paragraph 1.
(Ⅳ)The contractors and subcontractors shall act in response to the necessary measures taken by the original business entities referred to in Paragraph 1.
Article 27-1
(Ⅰ)When business entities contract any construction project of a certain scale or above referred to in Paragraph 1, Article 15-1 to more than two constructors, one of the constructors shall be designated to be responsible for the holistic safety and health management of the projects.
(Ⅱ)The designated constructor referred to in the preceding paragraph shall execute the holistic safety and health management of the projects in its entirety.
(Ⅲ)The regulations governing the designation of the constructors, holistic safety and health management of projects, and other related matters shall be stipulated by the Central Competent Authority.
Article 28
If two or more business entities contribute fund jointly for a contracted operation, they shall select one person to act as the representative. Said representative is deemed the employers of such operation, and is liable for the prevention of occupational accidents as stipulated for employers’ under the Act.
Article 29
(Ⅰ)Employers shall not employ persons under the age of 18 to perform any of the following potentially dangerous or harmful work:
1.Work in tunnels.
2.Work involving the handling of explosives or flammable substances.
3.Work at sites where lead, mercury, chromium, arsenic, yellow phosphorus, chlorine, hydrogen cyanide, aniline, or other harmful substances are spread.
4.Work at sites where harmful level of radiation is present.
5.Work at sites where harmful level of dust is present.
6.Work involving the cleaning, lubrication, inspection, repair, or the installation or removal of belts or chains on moving machinery or the dangerous parts of power transmission apparatus.
7.Work involving the connecting of electrical wires carrying over 220 volts of electricity.
8.Work involving the handling of smelted minerals or slag.
9.Work involving the ignition or operation of a boiler.
10.Work involving the operation of a rock drill or other machinery with excessive vibration.
11.Work involving the handling of objects above a specific weight.
12.Work involving the operation of a crane or derrick crane.
13.Work involving the operation of a powered winch, powered carrier, or cableway.
14.Work involving the operation of rolling and grinding mills for rubber compounds or synthetic resins.
15.Other work determined to be of a potentially dangerous or harmful nature by the central competent authority.
(Ⅱ)The standards for defining the potentially dangerous or harmful work set forth in the preceding paragraph shall be stipulated by the Central Competent Authority.
(Ⅲ)In the event that a person under the age of 18 engaged in work other than those set forth in Paragraph 1 is found unsuitable for his or her original work as a result of a physician’s health assessments stipulated in Article 20 or 22, the employer shall refer to the physician’s recommendations to change job site, reassign work, or shorten his or her working hours, and adopt health management measures.
Article 30
(Ⅰ)Employers shall not employ a pregnant female laborer to perform any of the following potentially dangerous or harmful work:
1.Work in tunnels.
2.Work at a site where lead and its compounds are spread.
3.Work under abnormal air pressure conditions.
4.Work involving the handling of or exposure to Toxoplasma gondii, rubella, or other microorganisms or viruses which potentially affect the health of the fetus.
5.Work involving the handling of or exposure to carbon disulfide, trichloroethylene, ethylene oxide, acrylamide, ethylenimine, arsenic and its compounds, mercury and its inorganic compounds, and other chemicals designated as hazardous by the central competent authority.
6.Work involving the operation of a rock drill or other machinery with excessive vibration.
7.Work involving the handling of objects above a specific weight.
8.Work at a site where harmful level of radiation is present.
9.Work involving the handling of smelted minerals or slag.
10.Work involving the operation of a crane or derrick crane.
11.Work involving the operation of a powered winch, powered carrier, or cableway.
12.Work involving the operation of rolling and grinding mills for rubber compounds or synthetic resins.
13.Work involving the handling of or exposure to disease or lethal microorganisms designated potentially infectious by the central competent authority.
14.Other work determined to be of a potentially dangerous or harmful nature by the Central Competent Authority.
(Ⅱ)Employers shall not employ female laborers who are still within their first postpartum year to perform any of the following potentially dangerous or hazardous work:
1.Work in tunnels.
2.Work at sites where lead and its compounds are spread.
3.Work involving the operation of a rock drill or other machinery involving excessive vibration.
4.Work involving the handling of objects above a specific weight.
5.Other work determined to be of a potentially dangerous or hazardous nature by the Central Competent Authority.
(Ⅲ)This limitation shall not apply to the work set forth in subparagraphs 5 to 14 of Paragraph 1 and subparagraphs 3 to 5 of the preceding paragraph where the employers implement maternal health protection measures pursuant to Article 31 and the person involved provides written consent.
(Ⅳ)The evaluative standards for the potentially dangerous or harmful work set forth in Paragraphs 1 and 2 shall be determined by the Central Competent Authority.
(Ⅴ)Where the employers are not informed by the person involved of the pregnancy or childbirth and breach the regulations stipulated in Paragraph 1 or 2, the employers shall be exempt from penalty; however, this exemption shall not apply if employers are aware or could have known of the fact.
Article 31
(Ⅰ)Employers shall institute hazard assessments, controls, and hierarchy management measures for work which is potentially hazardous to maternal health in industries designated by the Central Competent Authority; for female laborers who are still within their first postpartum year, work adjustment or reassignment or other protective measures shall be adopted in accordance with the physician’s suitability assessment recommendations, and records of these measures should be kept.
(Ⅱ)In the event that the laborers in the preceding paragraph experience health abnormalities or adverse reactions due to changes in working conditions or operating processes during the period of protection, where a physician’s assessment confirms that the laborers are unsuitable for her original work, the employers shall rearrange the matter in accordance with the provisions of the preceding paragraph.
(Ⅲ)Regulations regarding the designation of industries, types of work considered potentially hazardous to maternal health, hazard assessment procedures and controls, hierarchy management methods, suitability assessment principles, work adjustment or reassignment, physician qualifications and report formats, and records keeping in Paragraph 1 and other binding matters to be complied with shall be stipulated by the Central Competent Authority.
(Ⅳ)Where the employers are not informed by the person involved of the pregnancy or childbirth and breach the regulations stipulated in Paragraph 1 or 2, the employers shall be exempt from penalty; however, this exemption shall not apply if employers are aware or could have known of the fact.
Article 32
(Ⅰ)Employers shall provide laborers with all the necessary safety and health education and training to perform duties and prevent accidents.
(Ⅱ)The employer shall organize by itself, or contract the training units, including institutions (agencies), schools, or organizations approved by the Central Competent Authority to organize, the safety and health education and training referred to in the preceding paragraph.
(Ⅲ)The regulations governing matters for the safety and health education and training, qualifications and management, audit, approval, and evaluation of training entities set forth in the preceding two paragraphs and other compliance matters shall be stipulated by the Central Competent Authority.
(Ⅳ)Laborers are obligated to participate in the safety and health education and training in Paragraph 1.
Article 33
Employers shall be responsible for disseminating the content of the Act and related safety and health regulations to all laborers.
Article 34
(Ⅰ)Employers shall prepare, in consultation with labor representatives, appropriate safety and health work rules which suit their needs. These rules shall be posted and implemented after a copy has been submitted to a labor inspection agency for reference.
(Ⅱ)Laborers shall conscientiously abide by the rules in the preceding paragraph.