History

These Rules are drawn up according to Article 39 of the Labor Inspection Law
(hereinafter referred to as the Law)

The hazardous machinery or equipment mentioned in the Law refers to the
hazardous machines or equipment stipulated in Article 8 of the Labor Safety
and Health Law.

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 related subject-matters.

The related authorities mentioned in Paragraph 1 to Article 5 of the Law
refers to the Export Processing Zone Administration of the Ministry of
Economic Affairs, the Science-Based Industrial Park Administration 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.

Labor inspection institutions delegated in accordance with Paragraph 1,
Article 5 of the Law shall regularly submit reports to the central competent
authority for the registration of their supervision and inspection activities.
The central competent authority shall supervise and evaluate these
institutions on a regular or an unannounced basis.

The severity rate of occupational accidents mentioned to in Article 6 of the
Law refers to the total number of lost work days per one million work hours as
the result of incidents of injury of death; the occurance rate of incidents of
injury or death refers to the number of incidents per one million work hours.

Labor inspection institutions may, in accordance with Article 7 of the Law,
request other related groups supply labor inspection materials, including
the name of the business entity or the employer, their address, telephone
number, the number of workers and other related information.

The professional training program mentioned in Article 9 of the Law refers
to pre-employment training for the new inspectors and on-the-job training
and studies for the currently employed inspectors.

New inspectors may not be given individual inspection assignments by the
inspection institutions if they have not passed the pre-employment training
refered to in the preceding Article. However, if the labor inspection
institutions can cite compelling reasons and after receiving formal approval
from the central competent authority, this restriction shall be lifted under
special circumstances.

When labor inspector notifies business entity of the inspection schedule in
accordance with Item 1 of Article 13 of the Law, he or she shall confirm
that the inspection application or documentation submitted by the business
entity pursuant to Article 26 or 38 of the Law has been examined and approved,
and the inspection date has been arranged and scheduled by the labor
inspection institution.

When labor inspector notifies business entity of the inspection schedule in
accordance with Item 2 of Article 13 of the, he or she shall confirm that
documentation for the application of the inspection of hazardous 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.

When labor inspector notifies business entity of the inspection schedule in
accordance with Item 3 of Article 13 of the Law, he or she shall finish the
registration of the occurrence of occupational incident in the business entity
before proceeding to the notification.

When labor inspector engages in the preservation and seizure of materials
prescribed in Item 4 of Paragraph 1 to Article 15 of the Law, his or her
activity is confined under one of the following circumstances:
1.Violation of what was prohibited by the Labor Safety and Health Law.
2.Violation of related labor statutes and administration regulations.
3.Necessity for the determination of the cause of occupational incident.
4.Other reasons approved by the labor inspection institution.
When the reasons 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.

When labor inspector engages in the preservation and seizure of materials
prescribed in Item 4 of Paragraph 1 to Article 15 of the Law, he or she
shall produce a list of the preserved and seized materials and place sealing
tapes on them.
The sealing tape 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.Names of the preserved and seized materials.
3.Date on the preservation and seizure.
4.Legal and administrative basis for doing so.

When business entity applies for the examination or duplication of the
documentation or materials from the labor inspection institution in accordance
with Paragraph 3 to Article 15 of the Law, it shall submit a written
application within 30 days following the day after inspection; the labor
inspection institution shall supply the requested materials with 30 days
following the day after reciept of the application.

When labor inspector engaging in search and seizure activities in accordance
with Article 16 of the Law, he or she shall abide by the related provisions
precribed in the Criminal Procedures Law.

The inspections of hazardous 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 fixed-time inspection or
other inspection as designated and publicly announced by the central competent
authority.

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 hazardous machinery
and equipment owned by their sub-units.

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 them to assign someone to
accompany the inspection.

The labor inspection identification card shall be replaced once every two
years, and shall be returned upon the inspector leaving of the post. The photo
of the inspector shall be attached to the labor inspection identification
card, which 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.
4.Duration of use.

In the event that a business wants to contest the contents of the notification
of the report of inspection results 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 notification of the report.
Before the labor inspection institution adopts other appropriate measures, the
time-limit for improvement prescribed in the notification in the preceding
Paragraph shall not be discounted despite the contestation of the business
entity.

The inspection results mentioned in Paragraph 2 to Article 25 of the Law refer
to the notification of the report of inspection results issued by the labor
inspection institution requesting immediate retification or improvements
within a specific time-limit.

A business entity shall publicly announce the results of the inspection as
prescribed in Paragraph 2 to Article 25 of the Law with one of the following
methods:
1.When publicly announce the full contents of the notification of the
report of inspection results issued by the labor inspection institution, it
shall be publicly displayed in the following areas:
a.The place where the business entity regulate 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.
2.When publicly announce the contents of a single-item violations, only the
machinery or place involved will be publicly announced.

The workplace mentioned in Article 26 of the Law refers to the cite where,
during the duration of labor contract, the workers are providing their labor
in accordance with the contract and the employer or the agent performing labor
matters for the employer can control or manage.

The workplace of the petrochemical industry which process the cracking of
petroleum mentioned in Item 1 of Paragraph 1 to Article 26 of the Law refers
to the workplace performing the craking of pretroleum products in order to
produce basic petrochemical raw materials.

The workplaces for manufacturing agricultural chemicals mentioned in Item 2 of
Paragraph 1 to Article 26 refers to the workplace where the raw materials,
designated and publicly announced by the central authorities, are used to
perform the mixing of the original body of agricultural chemicals.

The firework manufacturing factories mentioned in Item 3 of Paragraph 1 to
Article 26 of the Law refer to the factories manufacturing firecrackers,
fireworks and other related materials by using chlorate, perchlorate, nitrate,
sulphur, sulphide, phosphide, charcoal ashes, metal ashes and other raw
materials. The workplace manufacturing gunpowders or explosives refer to
workplace where chemical materials are used to produce explosive products.

The capacity mentioned in Item 4 of Paragraph 1 to Article 26 of the Law
refers to a high-pressure gas container which has the capacity of handling
over one hundred cubic meters per day or its freezing capacity is over
twenty metric ton per day (in the case of using freon as a coolant, its
freezing capacity is over fifty metric ton per day); In the case of a steam
boiler, its area of spreading heat is over five hundred square meters.

The quantities of hazardous and harmful materials mentioned in Item 5 of
Paragraph 1 to Article 26 of the Law are listed in Tables 1-2 of these
Regulations.

(Deleted)

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 required hospitalization as the result of chemical
leaks involving ammonia, chlorine, hydrogen fluorine, phosgene, hydrogen
sulphur, sulfur dioxide or any other hazardous chemical compounds.
4.Any other incidents designated and publicly announced by the central
competent authority.

The situation of imminent danger mentioned in Article 28 of the Law refers
to anyone of the following:
1.Situations involving leaks of massive quantities of hazardous or harmful
materials from the equipment that can cause fire, explosion or exposure of
harmful materials and endanger the lives of workers.
2.In tunneling operations that involving falling rocks, flooding,
structural collapse, presence of flammable or toxic gases which can cause
imminent danger to workers.
3.Working in the inner parts of containers, indoors operating workplace where
air circulation is inadequate, or in the workplace where a lack of oxygen
can cause a buildup of toxic gases, contaminated by harmful materials or
deprivation of oxygen which pose an immenent danger to workers.
4.Other situations as designated by the central competent authority.

When labor inspection institution notifies the business entity to stop
operations in part or in whole in accordance with Articles 27 to 29 of the
Law, the length of stoppage shall be determined by of conditions of the
situation.
Should the stoppage in whole mentioned in the preceding Paragraph exceed 7
days, the labor inspection institution shall submit its decision to the
central competent authority for examination and approval.

The written notification prescribed by Articles 27 through 29 of the Law for
stoppage shall include the following categories:
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 to resume work.
7.The institutions enforcing work stoppage.
If necessary, the scope of the work stoppage prescribed in Item 5 of the
preceding Paragraph shall be defined through the use of photographs and
other graphics.

The labor inspection institutions, in giving business entities written
notification for work stoppage as prescribed in Articles 27 though 29 of the
Law, shall post work stoppage notices around the concerned workplace if
necessary and install warning signs clearly distinguishing the area of work
stoppage.

If 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.

Agent inspectors upon completion of their inspection of dangerous machinery
and equipment shall record inspection failures in the original successful
inspection section of the report or in any other necessary documents in
order to document inspection failures and make a formal record. Other
persons who are present at the inspection shall also sign the inspection
records.

Article 20 of these Rules shall be applicable to the Agent Inspector
identification cards mentioned in Paragraph 4 to Article 31 of the Law.

The conspicuous place(s) prescribed in Article 32 of the Law refers to the
places listed in Paragraph 1 to Article 32 of these Rules.
Business entities in placing the public notices 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 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.

The competent authorities shall enforce the administrative fines stipulated in
the Law.

These Rules shall be put into practice on the day of promulgation.