Article Content

Title:
Labor Inspection Act ( 2020.06.10 Modified )Ch

  Chapter Ⅴ Inspection Procedures

Article 22
Upon entering a business entity for inspection, labor inspector shall show his inspector identification card and notify the employer and the union. The business entity may refuse inspection by a labor inspector without the labor inspector identification card.
Upon completion of an inspection, the labor inspector shall complete the inspection record and notify the business entity the contraventions and provide suggestions based on the requirements of Labor Acts to the employer and his employees.
The labor inspector identification card prescribed in Paragraph 1 above shall be issued by the Central Competent Authority.
Article 23
When necessary and subject to the approval of labor inspection agency, a labor inspector may request and be accompanied by representatives of competent authorities in concern, academic institutes, relevant organizations,and specialists or physicians to make joint inspection and assessment. The business entity being inspected shall not refuse this joint inspection arrangement.
The requirements as prescribed in Subparagraph 2, Paragraph 1 in Article 11 and Article 12 shall also apply to any person requested by the labor inspector to make the joint inspection.
Article 24
While investigating, reviewing, analyzing and assessing occupational fatality/injury, the labor inspection agency shall request the Institute of Labor, Occupational Safety and Health, Ministry of Labor, administered under the Central Competent Authority, and other academic or research institutes for necessary technical assistance.
Article 25
The labor inspector shall report the inspection results of the business entity to labor inspection agency and handle the case in the manner prescribed by the Act. Where there is a contravention, the labor inspection agency shall notify the business entity in writing within ten days and issue an order for immediate or pre-scheduled rectification and shall also, distribute copies of the inspection report to the municipal or county/city competent authorities to monitor the compliance. For government-owned business entities, a copy of the inspection results shall also be distributed to its supervisory agency to monitor the compliance.
The business entity shall post the results of inspection for at least seven days at conspicuous place (s) within the work area where the contravention has been found.
Article 26
Without the approval of labor inspection agency or having passed inspection(s), the business entity shall not allow workers to work in the following hazardous workplaces:
1. Places which engage in the cracking process of petroleum products in a petrochemical plant.
2.Places which manufacture agricultural chemicals.
3.Factories making fire-crackers and fireworks or gunpowder.
4.Places which install high pressure vessels containing gases or steam boilers which reach the pressure or capacity criteria as set in the regulation by the Central Competent Authority.
5.Places which manufacture, process and use dangerous or hazardous materials in quantities at or exceed the threshold level as specified by the Central Competent Authority.
6.Places of construction projects designated by the Central Competent Authority in consultation with the supervisory authority of the targeted business entities.
7.Other places as designated by the Central Competent Authority.
In the preceding Paragraph to be inspected at places prescribed above shall be determined by the Central Competent Authority.
Article 27
When there is a catastrophes and fatal occupational accident occur in a business entity, the labor inspection agency shall assign labor inspector(s) to inspect and investigate the causes and determine the responsible person(s) or party(-ies). If deemed necessary to shut down the workplace in order to prevent further fatality/injury, the labor inspector(s) shall notify the business entity in writing and order partially shut down or completely shut down.
Article 28
When an imminent danger to the worker(s) is noted during a safety and health inspection, a labor inspector who is designated by the labor inspection agency shall notify the business entity in writing that shut down must be carried out at the affected workplace/operation.
In the preceding Paragraph with imminent danger prescribed above shall be determined by the Central Competent Authority.
Article 29
Where a contravention has not been rectified by the established compliance date and an occupational fatality or injury may occur, the labor inspector shall report to the labor inspection agency in charge. When necessary, the labor inspection agency shall notify the business entity to partially shut down or completely shut down the workplace.
Article 30
After the causes for workplace shut down have been eliminated, the business entity, which was notified for the shut down under Articles 27 to 29 of the Act, may apply to the labor inspection agency for work resumption.
Article 31
Upon entering the business entity for inspection, the designated inspector shall show his/her designated inspector identification card voluntarily and inform the business entity to designate appropriate person(s) on site.
Upon completion of inspecting the dangerous machinery or equipment, the designated labor inspector shall sign the original certificate and specify the valid certification period for those fulfilling the requirements; where requirements are not met, the designated labor inspector shall notify the business entity the non-compliance and report to his/her designated inspection agency; the agency shall inform the labor inspection agency in writing, and the labor inspection agency shall handle the contravention in a manner as prescribed by the act.
In the preceding Paragraph the dangerous machinery or equipment that failed to comply with the requirements shall not be operated until it has been re-certified.
The designated labor inspector’s identification card shall be issued by the Central Competent Authority.
Article 32
The business entity shall post the following in a conspicuous place or places in the workplace:
1.The names of agencies or persons who handle workers’ complaints.
2.The scope of labor-related matters within which a complaint may be made.
3.The format of worker complaint application form.
4.The procedure of making a complaint.
In the preceding paragraph the format and content of the posted notice shall be determined by the Central Competent Authority.
Article 33
Upon accepting a complaint from worker(s), the labor inspection agency shall initiate, according to the nature of the complaint, an inspection by labor inspector(s) as soon as possible, and shall notify the complainant(s) the results of the inspection within fourteen days.
Upon receiving a complaint from worker(s) the labor union shall review and verify the worker’s complaint and, shall suggest improvement to the complainant’s employer and send a copy to the labor inspection agency and the complainant(s).
When the business entity rejects the suggestions prescribed above, the union may apply to the labor inspection agency for requesting an inspection.
Business entities shall not terminate the labor contract of the worker who filed a complaint, or impose any punishment that is against the rights of the workers.
The labor inspection agency shall be confidential in their management of a worker’s complaint, and shall not disclose the identity of said worker.