Article Content

Title:
Occupational Safety and Health Act ( 2019.05.15 Modified )Ch

  Chapter IV Supervision and Inspections

Article 35
The central competent authority may invite laborers, employers, and government representatives, academic experts, and occupational accident labor organizations to convene occupational safety and health consultative committees to examine and discuss national occupational safety and health policies and provide recommendations; neither genders of members shall comprise less than one third of such a committee.
Article 36
The central competent authority and labor inspection agencies may carry out inspections of places of duty of business entities. Those not conforming to regulations shall be informed of the provisions breached and notified to make improvements within a limited time period. Those failing to make improvements within the specified period of time, or have already had occupational accidents, or for which there is a concern of a potential for occupational accidents to occur may be notified to suspend all or part of their works. Laborers shall be paid their usual wages during the period of work stoppage.
When necessary, business entities may request assistance from the central competent authority or consult with consulting services agency to provide professional and technical guidance in making the improvements set forth in the preceding paragraph.
Regulations regarding the types, conditions, and scope of services of the consulting services agencies mentioned in the preceding paragraph, qualifications and job duties of consultants, procedures for approval, revocation, termination, and management thereof, and other binding matters to be complied with shall be stipulated by the central competent authority.
Article 37
In the event that an occupational accident occurs at the workplace of business entities, the employers shall immediately take necessary measures such as first aid and emergency rescue, and conduct an investigation, analysis of the accident, and make record of such in consultation with labor representatives.
Employers shall notify a labor inspection agency within eight hours of the occurrence of one of the following types of occupational accidents at the place of duty of business entities:
1. Accidents involving death;
2. Accidents causing injuries to three people or more;
3. Accidents causing injuries to one person or more that require hospitalization;
4. All other categories of accidents designated and officially announced by the central competent authority.
After receiving a report as set forth in the preceding paragraph, the labor inspection agency shall dispatch inspector to the workplaces where the accidents causing death or serious injuries occurred.
In the event that accidents of one of the types set forth in Paragraph 2 occur at business entities, without the permission of the appropriate judicial body or inspection agency, the employers shall not disturb or damage the accident site except for necessary first aid or emergency rescue.
Article 38
Employers in industries designated by the central competent authority shall compile reports and statistics on occupational accidents in accordance with regulations, and forward such reports to the labor inspection agencies each month for future reference and post them at the workplaces.
Article 39
Workers may file complaints with the employers, the competent authority, or labor inspection agencies if one of followings is discovered:
1. The business entities are in violation of this Act or related safety and health regulations;
2. A suspected occupational disease;
3. Physical or psychological harm.
The competent authority or labor inspection agencies may conduct an investigation to verify the measures taken by the employers in the preceding paragraph to prevent and respond to such occurrences.
When necessary, the parties or related personnel may be notified to take part in the investigation mentioned in the preceding paragraph.
The employers shall not dismiss, transfer, or otherwise unfavorably treat workers who filed appeal pursuant to Paragraph 1.