History

This rule is enacted according to Paragraph 2, Article 26 of the "Labor Inspection Law" (hereafter referred as "the Law").　

This rule is applicable to the following categories of work places:
1.Category A: refers to work places in which basic petrochemical raw materials are produced through cracking reactions, or work places in which hazardous materials above the quantities specified in the Attachments 1 and 2 of the Enforcement Rules of the Law are manufactured, processed or used.
2.Category B: refers to work places in which agriculture chemicals are synthesized using Methyl isocyanate, hydrogen chloride, ammonia, formaldehyde, hydrogen peroxide or pyridine, or in which explosives are produced from chemicals.
3.Category C: refers to steam boilers with heat transfer surface area over 500 m2 , or pressurized vessels containing pressurisd gases with daily refrigeration capacity over 150 MT, or with the following processing capacities:
a.oxygen, toxic or inflammable pressurized gases over 1000 m3
b.all other pressurized gases over 5000 m3.
4.Category D: refers to the following construction work:
a.construction of building with top floor level above 50m.
b.construction of bridges with centers of piers above 50m apart.
c.construction using pressure construction method.
d.horizontal tunnel construction above 1000m in length or vertical tunnel construction above 15m in depth.
e.construction involving excavation of depth above 15m, or more than 4 basement floors and excavation area above 500 m2.
f.Construction involving scaffolding with height above 7m, or area above 100 m2 with scaffolding supporting above 60% of the area.
5.Others as specified and promulgated by the governing authority in the Central Government.　

Definition of terms in this Rule is as follows:
1.Process Changes : refers to changes in process technology, equipment, operating procedure or scale of capacity in hazardous work places.
2.Liquefied Petroleum Gas : refers to hydrocarbon mixtures consisting primarily of tri-carbon and tetra-carbon hydrocarbon compounds.
3.Pressurized Gases for Refrigeration : refers to pressurized gases used in freezing, cooling, refrigerating, ice making and other chilling processes.
4.General Pressurized Gases : refers to pressurized gases other than liquefied petroleum gases and gases for refrigeration.
5.Gas Refilling Stations : refers to the fixed processing facilities for filling liquefied petroleum gas or compressed natural gas on "containers within vehicles which specifically use a particular gas as fuel".
6.Review: refers to review of work place related documentation submitted to labor inspection authorities.
7.Inspection: refers to on site inspection of work place related documentation and facilities by labor inspection authorities.　

30 days before workers are required to work in categories A and D work places, enterprises shall apply for review by labor inspection authorities.
45 days before workers are required to work in categories B and C work places, enterprises shall apply for review and inspection by labor inspection authorities.　

To apply for the review of Category A Work Place by labor inspection authorities, enterprises should complete the application form (Form 1) and attach three copies of the following documents:
1.Basic information on safety and health management (Attachment 1)
2.Process safety evaluation report (Attachment 2)
3.Process change safety plan (Attachment 3)
4.Emergency response plan (Attachment 4)
5.Audit management program (Attachment 5)

Attachment 1: Basic information on safety and health management
1.Enterprise organizational chart
2.Management of dangerous and hazardous materials.
3.Work place environmental testing and monitoring plan.
4.Management of dangerous machinery and equipment.
5.Medical and occupational health management.
6.Labor safety and health organization, personnel and procedures.
7.Labor safety and health management rules.
8.Self-inspection plan.
9.Contractor management plan.
10.Worker education and training plan.
11.Incident investigation and response plan.
12.Floor plan of the work place, drawn to the scale by which the following items can be clearly identified:
(1) Name, location and number of dangerous machinery and equipment.
(2) Name, location and quantity of dangerous and hazardous materials.
(3) Location of control room.
(4) Location of fire control systems.
(5) Possible location and number of visitors and workers (including contractors).

Attachment 2: Process safety evaluation report
1. Description of the process:
(1)Work place process flow chart.
(2)Process design specification
(3)Machinery specification.
(4)Process operating manual.
(5)Maintenance program.
2. Preliminary Hazard Analysis: Identify major potential hazards in the work place through analysis using one of the following safety evaluation methodologies. The process shall be recorded and recommendation for improvement shall be summarized.
(1)Checklist
(2)What-If Analysis
(3)Hazard and Operability Study.
(4)Fault Tree Analysis
(5)Failure Modes and Effects Analysis
(6)Other safety evaluation methodologies approved by the governing authority in the Central Government.
3. Process hazard control
4. Report shall include signatures of all participants in process safety evaluation (indicating function, position, name; practicing professional engineers shall affix official seals.), and certification and qualification documentation required by Article 6 of this Rule.

Attachment 3: Process change safety plan
Process change safety plan shall include the following at the minimum:
1. Process change procedure
2. Safety and health impact evaluation measures.
3. Process operating manual revision measures.
4. Process data update measures.
5. Worker education and training measures.
6. Other supplementary measures.

Attachment 4: Emergency response plan
Emergency response plan shall include the following at the minimum:
1. Emergency response operating process and organization:
(1) Emergency response organizational structure and responsibilities.
(2) Location and facility of emergency response control center.
(3) Emergency response operating process and description
2. Assignment of emergency response equipment and contact information for external assistance.
3. Emergency response drill plan and drill record (simulating general and worst case scenarios.
4. Revision of emergency response plan.

Attachment 5: Audit management program
Audit management program shall include the following at the minimum:
1. Auditing items:
(1) Process safety evaluation
(2) Normal operating procedure.
(3) Emergency operating procedure.
(4) Process change safety plan.
(5) Worker education and training plan.
(6) Self-inspection plan.
(7) Contractor management plan.
(8) Emergency response plan.
2. Audit procedure
(1) Audit organization and responsibilities.
(2) Audit record and follow-up.　

According to actual need of the operation, enterprises shall organize a committee consisting of the following personnel for evaluation prior to submitting documentation specified in the previous article:
1.Person in charge of the work place.
2.Person with domestic or foreign professional training in process safety evaluation, or person with process safety evaluation professional capability (with documentation), and approved by governing authorities in the Central Government.
3.Labor safety and health personnel.
4.Supervisor of the operation in the work place.
5.Workers familiar with the operation in the work place.
If the enterprise does not have process safety evaluation personnel specified in item 2 above, or deems it necessary, may include the following professionals with active certifications who have also completed domestic training for process safety evaluation:
1.Industrial Safety Professionals and one of the following professionals
(1) Professional Chemical Engineer
(2) Professional Industrial and Mining Hygienist
(3) Professional Mechanical Engineer
(4) Professional Electrical Engineer
2.Professionals specified above employed by technical consulting firms.
One person may possess one or more of the professional certifications listed above.
Review process and results specified in Paragraph 1 shall be documented.　

For the review specified in Article 5, labor inspection authority may enter the work place for inspection if deemed necessary.
Labor inspection authority shall give written notice to enterprises within 30 days after receiving application for review specified in Article 5, unless enterprises are responsible for the cause in delay.　

For the work places which have passed the review conducted by the labor inspection authority, enterprise shall re-evaluate the documents required in Article 5 for necessary update when a process change occurs, or every five years, and .shall be recorded.
Article 6 is applicable to the re-evaluation specified above.　

To apply for the review of Category B Work Place by labor inspection authorities, enterprises should complete the application form (Form 2) and attach three copies of the documents specified in Article 5.　

According to actual need of the operation, enterprises shall organize a committee for evaluation prior to submitting documentation.
Article 6 is applicable for forming the evaluation committee and for evaluation.　

Labor inspection authorities shall review the application and the required attachments submitted according to Article 9.
Labor inspection authorities shall perform on-site inspection of the following facilities after review:
1. Fire and explosion hazard prevention facilities (Attachment 7)
2. Hazardous material leakage and poisoning prevention facilities (Attachment 8)
Labor inspection authority shall give written notice of review and inspection results to enterprises within 45 days after receiving application, unless enterprises are responsible for the cause in delay.

Attachment 7: Category B fire and explosion hazard prevention facilities requiring on-site inspection:
1. Lightning protection equipment in dangerous material storage area
2. Control of origins of fire.
3. Static electricity prevention measures.
4. Testing and management of concentrations of dangerous vapors, gases and dusts.
5. Safety measures for manufacturing and processing dangerous materials.
6. Safety measures for chemical equipment.
7. Structure of drying room for dangerous materials.
8. Safety measures for drying equipment for dangerous materials.
9. Electrical explosion prevention equipment.

Attachment 8: Category B hazardous material leakage and poisoning prevention facilities requiring on-site inspection:
1. General facility: leakage prevention measures for chemical equipment.
2. Special chemical materials hazard prevention facilities:
(1) Leakage prevention facility for special chemical equipment.
(2) Emergency sheltering facility for indoor work place with special chemical equipment.
(3) Alarm equipment and chemicals for hazard removal.
(4) Structures of floor and walls.
(5) Label for special chemical equipment.
(6) Measurement and alarm equipment for special controlled equipment.
(7) Measures for responding to abnormal chemical reactions for special controlled equipment.
(8) Reserved source of electricity for special controlled equipment.
(9) Transportation and storage of special chemical materials.
(10) Emergency shower facility.
(11) Assignment of operation management personnel.
(12) Protective equipment.
3. Poisoning prevention measures for organic solvents:
(1) Enclosure or local area ventilation system for operations involving organic solvents.
(2) Supplied-air respirators and protective gas mask.
4. Dust hazard prevention measures:
(1) Local area ventilation system and general area ventilation system.
(2) Respiratory protective equipment.　

For the work places which have passed the review conducted by the labor inspection authority, enterprise shall re-evaluate the documents required in Article 5 for necessary update when a process change occurs, or every five years, and .shall be recorded.
Article 6 is applicable to the re-evaluation specified above.　

To apply for the review of Category C Work Place by labor inspection authorities, enterprises should complete the application form (Form 3) and attach three copies of the documents specified in Article 5.　

According to actual need of the operation, enterprises shall organize a committee for evaluation prior to submitting documentation.
Article 6 is applicable for forming the evaluation committee and for evaluation.　

Labor inspection authorities shall review the application and the required attachments submitted according to Article 13.
Labor inspection authorities shall perform on-site inspection of the following facilities after review:
1. Manufacturing facility for general pressurized gas. (Attachment 9)
2. Manufacturing facility for liquefied petroleum gas. (Attachment 10)
3. Manufacturing facility for pressurized gas for refrigeration. (Attachment 11)
4. Manufacturing facility for gas filling station (Attachment 12)
5. Steam boilers (Attachment 13)
Labor inspection authority shall give written notice of review and inspection results to enterprises within 45 days after receiving application, unless enterprises are responsible for the cause in delay.

Attachment 9: Required inspection items for manufacturing facility for general pressurized gas
(1) Boundary lines and warning labels.
(2) Equipment for processing fireworks.
(3) Distance between equipments.
(4) Distance between storage tanks.
(5) Warning signs.
(6) Embankment to prevent spillage.
(7) Pressure gauge.
(8) Safety facilities.
(9) Pressure release pipe for safety valves.
(10) Liquid level monitor.
(11) Emergency flow stoppage device.
(12) Electrical equipment.
(13) Emergency electrical power supply.
(14) Sprinkler system.
(15) Protective wall.
(16) Gas leakage monitoring and warning equipment.
(17) Anti-poisoning measures.
(18) Measures to prevent temperature rise.
(19) Identification and hazard warning labels.
(20) Static electricity elimination measures.
(21) Reporting equipment.

Attachment 10 Required inspection items for manufacturing facility for liquefied petroleum gas
1. Required inspection items for type I manufacturing facilities
(1) Boundary lines and warning labels.
(2) Water mist system.
(3) Anti-corrosion measures.
(4) Equipment for processing fireworks.
(5) Distance between equipments.
(6) Embankment to prevent spillage.
(7) Pressure gauge.
(8) Safety facilities.
(9) Pressure release pipe for safety valves.
(10) Negative pressure prevention measures.
(11) Liquid level monitor.
(12) Emergency flow stoppage device.
(13) Electrical equipment.
(14) Measures to prevent temperature rise.
(15) Gas leakage monitoring and warning equipment.
(16) Static electricity elimination measures.
(17) Reporting equipment.
(18) Earthquake proof structure.
(19) Warning labels.
2. Required inspection items for type II manufacturing facilities
(1) Boundary lines and warning labels.
(2) Water mist system.
(3) Equipment for processing fireworks.
(4) Pressure gauge.
(5) Safety facilities.
(6) Pressure release pipe for safety valves.
(7) Electrical equipment.
(8) Gas leakage monitoring and warning equipment.
(9) Static electricity elimination measures.
(10) Emergency electrical power supply.
(11) Reporting equipment.

Attachment 11: Required inspection items for manufacturing facility for pressurized gas for refrigeration
(1) Warning labels.
(2) Continuous flow mechanism.
(3) Pressure gauge.
(4) Pressure release pipe for safety valves.
(5) Liquid level monitor for liquid containers.
(6) Gas leakage monitoring and warning equipment.
(7) Embankment to prevent spillage.
(8) Toxic gas anti-poisoning measures.
(9) Electrical equipment.
(10) Isolation of fireworks.

Attachment 12: Required inspection items for manufacturing facility for gas filling station
(1) Boundary lines and warning labels.
(2) Water mist system.
(3) Anti-corrosion measures.
(4) Equipment for processing fireworks.
(5) Distance between equipments.
(6) Embankment to prevent spillage.
(7) Pressure gauge.
(8) Safety facilities.
(9) Pressure release pipe for safety valves.
(10) Negative pressure prevention measures.
(11) Liquid level monitor.
(12) Emergency flow stoppage device.
(13) Electrical equipment.
(14) Measures to prevent temperature rise.
(15) Gas leakage monitoring and warning equipment.
(16) Static electricity elimination measures.
(17) Reporting equipment.
(18) Warning labels.

Attachment 13: Required inspection items for steam boilers
(1) Boiler room.
(2) Boiler room entrance and exit.
(3) Boiler base and support structure.
(4) Boiler room ceiling net clearance distance.
(5) Boiler room side structure net clearance distance.
(6) Inflammable material stock net clearance distance.
(7) Boiler fuel storage net clearance distance.
(8) Boiler room safety management labels.　

For the work places which have passed the review conducted by the labor inspection authority, enterprise shall re-evaluate the documents required in Article 5 for necessary update when a process change occurs, or every five years, and .shall be recorded.
Article 6 is applicable to the re-evaluation specified above.　

To apply for the review of Category D Work Place by labor inspection authorities, enterprises should complete the application form (Form 4) and attach three copies of the documents specified below, signed certification by construction safety evaluation professionals, and signed certification by related professionals:
1. Construction plan (Attachment 14)
2. Construction safety evaluation report (Attachment 15)
Signed certification by related professionals specified above is limited to labor safety and health equipment and facility involving professional technology. Enterprises must confirm the accuracy of the certification signed by professionals prior to submitting application for review.
For special projects involving complex construction work, long construction period, significant variation of construction conditions, enterprises may apply for series review after applying and receiving approval from labor inspection authority.

Attachment 14: Construction plan
Enterprises shall perform pre-construction safety evaluation according to the construction plan of the project, including the following contents:
1. Basics of the construction project:
(1) description of the construction project.
(2) construction method and procedure.
(3) survey of current conditions.
2. Labor safety and health management plan:
(1) Labor safety and health organization and personnel.
(2)Labor safety and health agreement plan.
(3) Labor safety and health education and training plan.
(4) Self-inspection plan.
(5) Emergency response plan and first aid system.
(6) Audit management program (Auditing items including temporary false works such as scaffolding support, tunneling support, excavation support, scaffold, pressurized facilities, confirmation of proper certification by professional engineers of overall structural system calculation report, structural drawings, construction descriptions and drawings, and record keepings such as photographs and checklists during construction).
3. Subcontract project plan:
(1) Subcontract project description (Scope)
(2) Subcontract project method and procedure (Installation of lifts for construction should use scaffold-less construction method; construction of upper structure of bridges should avoid the use of local support method through river spanning sections and soft grounds).
(3) Work organization.
(4) Equipment used and facility installation plan.
(5) Daily work plan (list daily work and required personnel, machinery, materials according to construction schedule)
(6) Labor safety and health facility installation plan.

Attachment 15: Construction safety evaluation report
(1) Preliminary hazard analysis.
(2) Major work procedure analysis.
(3) Construction hazard preliminary analysis.
(4) Basic review checklist: evaluate works included in the construction plan (attachment 14) one by one and in sequence, based on related labor safety and health laws and regulations and past construction experiences
(5) Special hazard evaluation: for special hazards that may exist during construction works (such as overturn, collapse, falling boulder, water seeping or swelling, inflammable and toxic gases, abnormal atmospheric pressure, mechanical hazards, safety evaluation should be performed on individual work contents and procedures. Evaluation procedure and safety facilities should be described.
(6) Revision of construction plan: construction plan should be revised or supplemented according to the previous three evaluation results.
(7) Report shall include signatures of all participants in construction safety evaluation (indicating function, position, name; practicing architects and professional engineers shall affix official seals.), and certification and qualification documentation required by Article 17 of this Rule.　

Eenterprises shall organize a committee consisting of the following personnel for evaluation prior to submitting documentation specified in the previous article:
1. Person in charge of the work place.
2. Person with domestic or foreign professional training in construction safety evaluation, or person with construction safety evaluation professional capability (with documentation), and approved by governing authorities in the Central Government.
3. Permanent staff in a particular construction project.
4. Labor safety and health personnel.
5. Supervisor of the operation in the work place (including staff of subcontractors).
If the enterprise does not have construction safety evaluation personnel specified in item 2 above, or deems it necessary, may include the following professionals with active certifications who have also completed domestic training for construction safety evaluation:
1. Industrial Safety Professionals and one of the following professionals
(1) Architect
(2) Professional Civil Engineer
(3) Professional Structure Engineer
(4) Professional Land Engineer
(5) Professional Hydrology Engineer
2. Professionals specified above employed by technical consulting firms.
One person may possess one or more of the professional certifications listed above.
Review process and results specified in Paragraph 1 shall be documented.　

For the review specified in Article 5, labor inspection authority may enter the work place for inspection if deemed necessary.
Labor inspection authority shall give written notice to enterprises within 30 days after receiving application for review specified in Article 5, unless enterprises are responsible for the cause in delay.　

For the work places which have passed the review conducted by the labor inspection authority, if the construction method for a major section of the project will be changed during construction, enterprise shall apply for review by the original labor inspection authority after re-evaluation of the change.
Article 17 is applicable to the re-evaluation specified above.　

Labor inspection authorities may invite experts and scholar for assistance when performing hazardous work place review and inspection on case-by-case basis.　

Members of process safety evaluation committee or construction safety evaluation committee shall be present to offer explanations when labor inspection authorities perform hazardous work place review and inspection.　

Labor inspection authorities shall record summaries of the process and the decisions when performing hazardous work place review and inspection.　

Factories making Firecrackers and fireworks apply for review and inspection by labor inspection authorities, shall attach the copies of manufacturing permit which submitted by the governing authority of "Firework and Firecracker Regulation Act", while the labor inspection authorities may refer to comply with the criteria specified in Paragraph 1, Article 26 of the "Labor Inspection Law".

This rule becomes effective from the day of promulgation.