Article Content

Title:

  Chapter 5 Inspection Procedures

Article 19
Prior to entering a business entity for inspection in accordance with Article 22 of the Act, labor inspector shall inform the employer and labor union of the purpose of the inspection and request that an assigned personnel accompany the inspection.
Article 20
Labor inspection identification card is renewed every two years, and shall be returned at the end of the inspector's employment. The labor inspection identification card shall bear the photo of the inspector and contain the following information:
1. The name of the affiliated unit;
2. Full name, job title and serial number;
3. Legal basis for inspection and the scope of inspection;
4. Expiration date.
Article 21
In the event that a business entity objects to the contents of the inspection result notification issued by the labor inspection agency, it shall submit a written request with explanations to the labor inspection agency within 10 days following the day after the notification is received.
The deadline for rectification and improvement specified in the notification of the preceding Paragraph will not be discontinued, regardless of the objection of the business entity, before the labor inspection agency adopts other appropriate dispositions.
Article 22
The inspection result referred to in Article 25 Paragraph 2 of the Act means the inspection result notification issued by the labor inspection agency to the business entity requesting immediate rectification or improvements within a specified deadline.
Article 23
Inspection results business entity announces in accordance with Article 25 Paragraph 2 of the Act are to be in one of the following approaches:
1. When the full content of the inspection result notification issued by the labor inspection agency is announced, it shall be publicly displayed in one of the following places:
(1) Places where the business entity regulates the workers’ attendance;
(2) Announcement places in the cafeteria, dormitories and each workplace;
(3) Places negotiated and agreed upon with unions or labor representatives.
2. When the content of a single violation is announced, it shall be publicly displayed on the machinery, equipment, or at the place where the violation occurs.
Article 24
Workplaces referred to in Article 26 to 28 of the Act mean for the duration of the labor contract when laborers carry out work services to fulfill the terms of the contract, places where the person who accepts the employer or the interim employer’s direction to handle related laborer affairs can direct and manage.
Article 25
Workplaces where petrochemical industry engages in petroleum cracking referred to in Article 26 Paragraph 1 subparagraph 1 of the Act mean workplaces that manufacture petrochemical raw materials from the cracking process of petroleum products.
Article 26
Workplaces where agro-pesticides are manufactured referred to in Article 26 Paragraph 1 subparagraph 2 of the Act mean workplaces where methyl isocyanate, hydrogen chloride, ammonia, formaldehyde, hydrogen peroxide, or pyridine are used as raw materials to synthesize technical grade agro-pesticides.
Article 27
Firecrackers and fireworks manufacturing factories referred to in Article 26 Paragraph 1 subparagraph 3 of the Act mean factories that use chlorate, perchlorate, nitrate, sulfur, sulfide, phosphide, charcoal powder, metal powder and other raw materials to manufacture firecracker and firework related products; workplaces that manufacture gunpowder mean workplaces where chemical substances are used to produce explosive products.
Article 27-1
High-pressure vessels referred to in Article 26 Paragraph 1 subparagraph 4 of the Act mean vessels used for processing and storing high-pressure gases. However, the following equipments or machineries are not included:
1. Moveable production equipment;
2. Stand-alone, fixed production equipment for non-toxic or non-flammable high-pressured gases;
3. De-pressurizing equipment;
4. Air conditioning equipment and refrigerating equipment using freon as cooling agent.
Steam boilers referred to in Article 26 Paragraph 1 subparagraph 4 of the Act mean devices and their peripheral superheaters and economizers that use open flame, burning gases or other high temperature gases to heat up water or heating medium to produce steam pressure higher than one atmospheric pressure for other usage.
Article 28
Volume referred to in Article 26 Paragraph 1 subparagraph 4 of the Act means steam boiler with heat conducting area of over 500 square meters, or high-pressure vessel with freezing capacity of over 150 tons per day or the capacity of handling one of the followings:
1. Over 1,000 cubic meters of oxygen, toxic gases or high-pressure flammable gases;
2. Over 5,000 cubic meters of other gases not specified in the preceding subparagraph.
Article 29
The quantities of hazardous substances and harmful substances referred to in Article 26 Paragraph 1 subparagraph 5 of the Act shall be in accordance with Tables 1 and 2.
Article 30
(Deleted)
Article 31
Severe occupational accidents referred to in Article 27 of the Act mean one of the following occupational accidents:
1. Accidents involving death;
2. Accidents causing injuries to three people or more;
3. Accidents causing injuries to one person or more and requiring hospitalization as the result of chemical substance leakage of ammonia, chlorine, hydrogen fluoride, phosgene, hydrogen sulfide, sulfur dioxide;
4. Other accidents specified and announced by the central competent authority.
Article 32
(Deleted)
Article 33
When labor inspection agency notifies the business entity for partial or complete shutdown in accordance with Articles 27 to 29 of the Act, the number of days of the shutdown shall be determined by the labor inspection agency according to circumstances.
If the complete shutdown of the preceding Paragraph exceeds 7 days, the labor inspection agency shall report to the central competent authority for approval.
Article 34
The written shutdown notification specified in Articles 27 to 29 of the Act shall include the following information:
1. The business entity which received the shutdown disposition, name of employer, and address;
2. Legal basis for the shutdown;
3. Reasons for the shutdown;
4. The date of the shutdown;
5. The scope of the shutdown;
6. The conditions and procedures to apply for resumption of work;
7. The agency enforcing the shutdown;
When necessary, the scope of the shutdown in subparagraph 5 of the preceding Paragraph may be explained in images or photographs.
Article 35
The labor inspection agency, in issuing business entity written notification for the partial or complete shutdown in accordance with Articles 27 to 29 of the Act, when necessary may post the shutdown notice at the shutdown area and may mark the shutdown area with clear warning and prohibiting signs.
Article 36
When the business entity applies for resumption of work in accordance with Article 30 of the Act, the labor inspection agency shall issue a written notice to resume work after the reasons for the shutdown have been verified for revocation.
The written notification for resumption of work in the preceding Paragraph shall include the following:
1. The business entity applying for resumption of work, name of the employer and address;
2. The date for resumption of work;
3. The scope of the resumption of work.
Article 37
Upon completion of the inspection of dangerous machinery or equipment, the authorized inspector shall immediately record the inspection failures in the remarks section of the original inspection record or on any other required documents; a formal record is to be made and signed by the assigned personnel.
Article 38
Provisions in Article 20 is applicable to the authorized inspector identification cards specified in Article 31 Paragraph 4 of the Act.
Article 39
Noticeable and visible place(s) referred to in Article 32 of the Act means the place(s) stipulated in Article 23 subparagraph 1.
Business entities placing the public notices specified in Article 32 of the Act at places in the preceding Paragraph shall be in accordance with the following provisions:
1. The size of the text, the height of the posted notice(s) and their positions shall observe the principle of appropriateness for clear reading by the workers;
2. Notices shall be in place permanently and shall be replaced should they become tarnished.