History

This rule is formulated according to Article 23-2 of Labor Safety and Heath Act (Hereinafter referred to as the Act).

The Employer shall carry out safety and health education and trainings necessary for working and prevention of disasters and accidents for the following personnel:
1. Labor safety and health personnel
2. Working environments evaluating personnel.
3. Construction safety and health evaluators. Process safety and health evaluators.
4. Supervisors for operations relating to safety and health
5. Operators for Dangerous Machinery and Equipment
6 Personnel for special tasks
7. General operators
8. Other personnel designated by central competent authorities
The employers shall carry out reeducation or retraining for labor safety and health on the personnel mentioned in the previous paragraph according to their respective nature of position.

Safety and health education and trainings for labor safety and health supervisors shall be carried out as follows:
1. Employers with over 100 employees shall make their labor safety and health Supervisors receive category 1 of safety and health education and trainings for Labor safety and health supervisors.
2. Employers with 30-100 (exclusive) employees shall make their labor safety and health supervisors receive category 2 of safety and health education and trainings for labor safety and health supervisors.
3. Employers with less than 30 employees shall make their labor safety and health Supervisors receive category 3 of safety and health education and trainings for Labor safety and health supervisors.
Courses and hours of the education and trainings mentioned above shall be in accordance with the stipulations in Annex 1.
Personnel mentioned in the first paragraph shall be qualified as senior labor safety personnel senior labor health personnel or junior labor safety and health personnel.

Those who need to pass the skill certification to be qualified as labor safety and health Personnel shall complete the courses for safety and health education and trainings in advance, the courses and hours of the trainings are follows:
1. Courses and hours of the education and trainings for senior labor safety personnel shall be in accordance with the stipulations in Annex 2-1.
2. Courses and hours of the education and trainings for senior labor health personnel shall be in accordance with the stipulations in Annex 2-2.
3. Courses and hours of the education and trainings for junior labor safety and health personnel shall be in accordance with the stipulations in Annex 2-3.
Graduates of industrial safety and industrial health majors as stipulated by central competent authorities or personnel competing relevant subjects of industrial safety and industrial health shall not be limited as above.

Employers shall make working environment testers that shall participate in the skill certification receive safety and health education and trainings on according to the stipulations as follows:
1. Courses and hours of the education and trainings for testers of Class 1 chemical factors operating environment shall be in accordance with the stipulations in Annex 13-1.
2. Courses and hours of the education and trainings for testers of Class 1 physical factors operating environment shall be in accordance with the stipulations in Annex 13-2.
3. Courses and hours of the education and trainings for testers of Class 2 chemical factors operating environment shall be in accordance with the stipulations in Annex 13-3.
4. Courses and hours of the education and trainings for testers of Class 2 physical factors operating environment shall be in accordance with the stipulations in Annex 13-4.
Personnel of subparagraphs 1 and 2 of the previous paragraph may not receive the education and trainings of the previous paragraph should they complete relevant subjects of working environment testing stipulated by central competent authorities.

Employers shall make construction safety and health evaluators receive safety and health education and trainings for construction safety and health evaluators:
Courses and hours for the above education and trainings shall be in accordance with the stipulations in Annex 14.

Employers shall make process safety and health evaluators receive safety and health education and trainings for process safety and health evaluators:
Courses and hours for the above education and trainings shall be in accordance with the stipulations in Annex 15.

Employers shall make the following personnel receive safety and health education and trainings for supervisors of high-pressure gas operations:
1. Supervisors of LPG operations
2. Supervisors of operations of high-pressure gases for refrigeration
3. Supervisors of operations of general high-pressure gases
Courses and hours for the above education and trainings shall be in accordance with the stipulations in Annex 3.

Employers shall make the following personnel receive safety and health education and trainings for supervisors of construction operations:
1. Supervisors of shoring operations.
2. Supervisors of modeling scaffold operations.
3. Supervisors of tunnel excavation operations.
4. Supervisors of tunnel lining operations for tunnels etc.
5. Supervisors of scaffold assembly operations.
6. Supervisors of steel structure assembly operations.
7. Other personnel designated by central competent authorities.
Courses and hours for the above education and trainings shall be in accordance with the stipulations in Annex 4.

Employers shall make the following personnel receive safety and health education and trainings for supervisors of hazard operations:
1. Supervisors for operations of organic solutions.
2. Supervisors for operations of lead. 3. Supervisors for operations of lead.
3. Supervisors for operations of methyl lead.
4. Supervisors for anoxic operations.
5. Supervisors for operations of special hazardous chemical substances.
6. Supervisors for operations of hazardous dust.
7. Supervisors for high-pressure indoor operations.
8. Supervisors for diving operations.
9. Other personnel designated by central competent authorities.
Courses and hours for the above education and trainings shall be in accordance with the stipulations in Annex 5.

Employer of institution with over 30 employees shall make safety and health supervisors at designated workplaces receive safety and health education and trainings stipulated in Article 6. However, this shall not apply to those who have received education and trainings stipulated in subparagraphs 1 and 2 of Paragraph or Paragraph 4 in Article 3:

Employers shall make the following personnel receive safety and health education and trainings for operators of dangerous machinery:
1. Operators of fixed cranes with hoisting capacity of above 3 tons.
2. Operators of traveling cranes with hoisting capacity of above 3 tons.
3. Operators of derrick cranes with hoisting capacity of above 3 tons.
4. Operators of hoisting cages.
5. Other personnel designated by central competent authorities.
Courses and hours for the above education and trainings shall be in accordance with the stipulations in Annex 7.

Employers shall make the following personnel receive safety and health education and trainings for operators of dangerous equipment:
1. Operators of boilers.
2. Operators of category A pressure vessels.
3. Operators of special equipment for high-pressure gases.
4. Operators of vessels for high-pressure gases.
5. Other personnel designated by central competent authorities.
Courses and hours for the above education and trainings shall be in accordance with the stipulations in Annex 8.

Employers shall make the following personnel receive safety and health education and trainings for special tasks:
1. Operators of small boilers.
2. Operators of forklifts with capacity of above 1 ton.
3. Operators of fixed cranes with capacity of less than 3 tons.
4. Operators of traveling cranes with capacity of less than 3 tons.
5. Operators of derrick cranes with hoisting capacity of less than 3 tons.
6. Operators using cranes for slinging operations.
7. Operators of construction lifts.
8. Operators using acetylene sealing devices or gas integrating devices for sealing, cutting or heating of metals.
9. Managing and operating personnel of radiation equipment.
10. Operators of explosion operations.
11. Mixing personnel for the manufacture of fire crackers.
12. Lumberjacks for trees with diameter over 70cm at breast height.
13. Operators for mechanical skidding and transportation.
14. Personnel of high-pressure indoor operations.
15. Personnel of diving operations.
16. Operators for cleanup of oil tanks.
17. Other personnel designated by central competent authorities.
Courses and hours for the above education and trainings except that stipulated in subparagraph 9 shall be in accordance with the stipulations in Annex 9.
Education and trainings stipulated in Subparagraph 9 of Paragraph 1 shall be carried out in accordance with related stipulations in Atomic Energy Act.

Employers shall make first-aid personnel at the workplace except the medical personnel receive education and trainings first-aid personnel:
Courses and hours for the above education and trainings shall be in accordance with the stipulations in Annex 10.

For the new recruits or employees in active service who are to change their posts, employers shall make them receive safety and health education and trainings applicable to their new post:
Workers without fixed employers or self-supported workers shall receive the safety and health education and trainings stipulated in the previous paragraph.
Courses and hours for the education and trainings stipulated in the previous 2 paragraphs shall be in accordance with the stipulations in Annex 11.

Education and trainings for labor safety and health shall be carried out by the following units (hereinafter referred to as the Units):
1. Occupational training organizations set up according to law.
2. Labor competent authorities, labor inspection organizations or competent authorities of target industries.
3. Non-profit legal persons with fine performance of safety and health implementation and promotion.
4. Employer groups organized according to law.
5. Labor unions organized according to law.
6. Teaching hospitals, colleges and universities with departments relating to medicine and nursing majors and non-profit first-aid training units reported to the central competent authorities for approval.
7. Colleges and universities with departments relating to safety and health.
8. Enterprises.

To carry out education and trainings as stipulated in Articles 3 to 11, the training units shall be registered and approved by occupational training organizations. However this limitation shall not apply to any of the following cases:
1. Governmental agencies carry out labor safety and health education and trainings.
2. Enterprises carry out education and trainings as stipulated in Article 3 to Article 5-11 on their employees or workers employed by their contractor.
3. Corporation (association) bodies, Employers' Associations and labor unions carry out education and trainings as stipulated in Article 3 to Article 5-11 on their members and employees at their places or sites of governmental agencies.
4. Other education and trainings with special requirements approved by the competent authorities.

The education and trainings carried out by the training units as stipulated in Subparagraph 6 of Article 14 shall be limited in the field of first aid.
Except competent authorities of health, the training units as stipulated in Subparagraphs 1-5 of Article 14 and 7-8 shall cooperate with teaching hospitals or colleges and universities with departments of medicine and nursing for the implementation of the first aid trainings.

The education and trainings of labor safety and health as stipulated in Articles 3-11 carried out by associations shall be limited in training their members and employees. However, this shall not apply to those approved by competent authorities of occupational trainings.

Workers without fixed employers or self-supported workers shall receive the safety and health education and trainings as stipulated in Article 13 carried out by the employers' associations or labor unions.

Before carrying out the education and trainings as stipulated in Articles 3-11, the training units shall fill the Declaration for the Site of Education and Training (Format 1) and submit the following documents along for the approval of the competent authority; This also applies to any alterations thereof.
1. Safety and health instruments and personal protective equipment equipped (format 2, format 2-1).
2. Instruments and equipment equipped for practices (format 3).
3. Facilities at the sites of trainings (format 4).

To carry out the education and trainings as stipulated in articles 4 to 5, 9 and 10, the training units shall submit the following documents to the central competent authorities 15 days before implementation for future reference:
1. Application form of education and training plan (format 5)
2. Curriculum schedule of education and trainings (format 6)
3. Profile of the trainers (format 7)
4. Scroll of the students and trainees (format 8)

To carry out the education and trainings as stipulated in articles 3, 6, 7, 8, 11 and 12, the training units shall submit the following documents to the local competent authorities 15 days before implementation for future reference:
1. Application form of education and training plan (format 5)
2. Curriculum schedule of education and trainings (format 6)
3. Profile of the trainers (format 7)
4. Scroll of the students and trainees (format 8)

The training units shall test the trainees as stipulated in Articles 3 to 8 and 11.
The central competent shall test the personnel receiving education and trainings as stipulated in Articles 9 and 10.

The central competent authorities shall randomly inspect education and trainings as stipulated in Articles 20 and 21. The training units shall issue the terminal certificates to the qualifiers of the trainings within 30 days after the completion of the training and keep the following documents for 10 years:
1. Call over records of the trainees.
2. Score reports of the trainees.
3. List for the issuance of terminal certificates of the trainees.

To carry out the education and trainings as stipulated in Article 13, the employers shall keep the plans, scroll of trainees, call over records, contents of courses and other implementation documents for 3 years.

To inspect and supervise the effect of education and trainings carried out by the training units, the central competent authorities shall check and ask for related documents of the education and trainings.

When carrying out the labor education and trainings, the training units shall send the personnel with special responsibilities to carry out the following proceedings:
1. Check the qualifications of the trainees.
2. Check the sign-in record of the trainees (format 9) and roll call etc.
3. Check the attendance of the trainees. Trainees who have been absence for 1/5 of total hours shall be informed of mandatory withdrawal from training. Those who have been left or truant for over 3 hours shall be informed to supplement the rest of the courses.
4. Treatment of course exchange or substitution.
5. Pay attention to the safety and health facilities at the sites of the trainings at any time.
6. Other proceedings deemed necessary by the central competent authorities.

Charged collected for carrying the labor safety and health education and trainings shall be utilized for rewarding the trainers for their teaching, tests, certificates, subsidies of the staff, office expenses, rents, necessary academic expenditures and activities of safety and health.

Trainers for the education and trainings carried out by the training units shall meet the requirements stipulated in Annex 12.
The central competent authorities shall carry out the qualification review on the trainers in written form or educational drilling and establish the scroll of qualified trainers for the reference of engagement.

To compile the teaching materials for the education and trainings as stipulated in Articles 2 to 12, the training units shall establish the compiling and examination committee, which shall define compile the teaching materials according to names and hours of legal courses, and report the documents relating to the compiling and examination to the competent authorities along with the teaching materials after the completion of the examination.

The content of the teaching materials stipulated in the previous Article shall be compiled in accordance with the principles as follow:
1. Complying with existing laws and regulations relating to labor.
2. Complied in Chinese, whenever foreign languages are required, Chinese notes shall be provided as comparison.
3. Metric units shall be used, whenever other units are required, they shall be converted into metric system as comparison.
4. Teaching materials compiled in rows shall be from the left to the right and those in lines shall be from the right to the left.
5. Compilers and examiners shall be specified.

The central competent authorities shall warn the training units if any of the following happens:
1. The personnel with special responsibilities fail to carry out the trainings according to stipulations in Article 26.
2. The training materials or methods violate the stipulations
3. The training plans are not followed.
4. The competent authorities find any violation of these regulations.
5. Other violations of the central competent authorities' stipulations.

If any of the following happens, the competent authorities shall order the training units to make corrections within a limited period:
1. The sites, equipment, safety and health facilities of training cannot meet the requirements of approval.
2. The content of advertisement or the articles is false.
3. The education and trainings are not carried out in the approved sites.
4. Documents stipulated in Article 23 are missing or false.
5. The terminal qualifications are not issued according to the stipulations.
6. Examination carried out by the competent authorities is refused, avoided or obstructed.

If any training unit fail to make corrections within the period stipulated in the previous Article or violates the stipulations again after correction, the competent authorities shall periodically stop part or all of the unit's trainings regarding the severity of the situation of violation according to the stipulations in Article 36-1.

Should anyone who has completed hours for the same courses of education and trainings, the courses completed with certificates shall be balanced out from that stipulated in there Regulations.

These regulations shall take effect as of the date of promulgation.
Articles 9, 11, 20, 21 and 23 of these Regulations that were issued on Dec 31, 2002 after shall take effect as of Jul 1, 2003.