History

The Rules are prescribed in accordance with Article 39 of the Labor Inspection Act (here-in-after referred to as the Act).

The dangerous machinery or equipment referred to in the Act means the dangerous machinery or equipment prescribed in Article 8 of the Labor Safety and Health Act.

The labor statutes and regulations referred to in Subparagraph 4 of Article 4 of the Act mean labor insurance , labor welfare, employment services and other relevant statutes and regulations.

The relevant authorities prescribed in Paragraph 1 of Article 5 of the Act refers to the Export Processing Zone Administration Office of the Ministry of Economic Affairs , the Science-Based Industrial Park Administration Office 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 agencies delegated in accordance with Paragraph 1, Article 5 of the Act shall regularly submit reports of their supervisory activities and inspection results to the Central Competent Authority for approval and administrative record.The Central Competent Authority shall supervise and evaluate these institutions on a regular and/or an unannounced basis.

The severity rate of occupational accidents prescribed in Article 6 of the Act refers to the total number of lost workdays per one million work hours as the result of incidents of injury or death; the occurrence rate of incidents of injury or death refers to the number of incidents per one million work hours.

Labor inspection agencies may, in accordance with Article 7 of the Act, request organizations in concern supply labor inspection information, including names of the business entity, name of the employer, addresses, telephone number, number of workers and other related information.

The professional training program in Article 9 of the Act refers to pre-employment training for the newly hired inspectors and on-the-job training and studies for employed inspectors.

Newly hired inspectors not fulfilling the pre-employment training referred to in the preceding Article shall not be given individual inspection assignments by the labor inspection agency. The labor inspection agency may cite compelling reasons and after receiving formal approval from the Central Competent Authority, this restriction may be lifted under special circumstances.

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

When labor inspector notifies business entity of the inspection schedule in accordance with Subparagraph 2 of Article 13 of the Act, the inspector shall confirm that the application for the inspection of dangerous machinery or equipment submitted by the business entity has been examined and approved, and the inspection date has been scheduled by the labor inspection agency.

Prior to notifying business entity of the inspection schedule in accordance with Subparagraph 3 of Article 13 of the Act, the inspector shall finish the registration of the occurrence of occupational incident in the business entity.

Business entity has any one of the following circumstances the labor inspector can perform the preservation and seizure of materials/equipments prescribed in Subparagraph 4 of Paragraph 1, Article 15 of the Act:
1.Violation of the use of materials/equipment prohibited by the Labor Safety and Health Act.
2.Violation of labor statutes and administration regulations and laws.
3.Essential to the determination of the cause of occupational incident.
4.Other violations approved by the labor inspection agency.
When the cause for the preservation and seizure prescribed in the preceding paragraph has been eliminated or after the labor inspection agency has 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 Subparagraph 4 of Paragraph 1 of Article 15 of the Act, the inspector shall produce a list and place sealing tapes on each and all of the preserved and seized item(s).
The sealing tape(s) prescribed in the preceding paragraph shall bear the seal of the labor inspection agency and list the following items:
1.Name of the labor inspection agency.
2.Name(s) of the preserved and seized materials.
3.Date of the preservation and seizure .
4.Legal and administrative basis for the action.

When business entity applies for the examination or duplication of the documentation or materials seized by the labor inspection agency in accordance with Paragraph 3 of Article 15 of the Act, it shall submit a written application within 30 days on the day after the inspection; the labor inspection agency shall supply the requested materials within 30 days on the day after receiving of the application.

When the labor inspector engages in search and seizure activities in accordance with Article 16 of the Act, the inspector shall abide by the related provisions prescribed in the Criminal Procedures Act.

The inspections of dangerous machinery and equipment may be undertaken by designated labor inspector assigned by the designated inspection agency prescribed in Article 17 of the Act refers to the periodical inspection and other inspection designated and publicly announced by the Central Competent Authority.

The scope of inspection for the administrative authorities or public business entities designated as the designated inspection agency in accordance with Article 17 of the Act is limited to the dangerous machinery and equipment owned by their subsidiaries.

Prior to entering a business entity for inspection as prescribed in Article 22 of the Act, the labor inspector shall inform the employer and labor union of the purpose of the inspection and request assigned personnel accompanying the inspection.

The labor inspector identification card shall be renewed every other year, and shall be returned at the end of the inspector's employment. The labor inspector identification card shall bear the photo of the inspector and 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.Expiration date.

In the event that a business entity objects to the contents of the inspection report 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 receiving of the report.
Before the labor inspection agency adopts other appropriate measures, the dead line for rectification and improvement prescribed in the inspection report in the preceding paragraph shall not be discounted despite the objection of the business entity.

The inspection report prescribed in Paragraph 2 of Article 25 of the Act refers to the notification of the report of inspection results issued by the labor inspection agency requesting immediate rectification or improvements within a specified dead line.

A business entity shall publicly announce the results of the inspection as prescribed in Paragraph 2 in Article 25 of the Act with one of the following approaches:
1.When publicly announce the full contents of the inspection result notification issued by the labor inspection agency, it shall be publicly displayed in one of the following areas:
(1)The place where the business entity regulates its workers performing their functions and duties.
(2)Bulletin boards located in the cafeteria, dormitories and every workplace where the workers are performing their functions and duties.
(3)Locations agreed upon with unions and/or labor representatives by negotiation.
2. When publicly announce the contents of an individual violation, only the machinery or place involved will be publicly announced.

The workplace prescribed in Article 26 of the Act refers to the site where, during the duration of labor contract, the workers are providing their labor in accordance with the contract and the employer or his agent designates a person managing labor matters can control or manage.

The workplace of a petrochemical plant which engage in the cracking of petroleum products prescribed in Subparagraph 1 of Paragraph 1 of Article 26 of the Act refers to the workplace performing the cracking of petroleum products to produce basic petrochemical raw materials.

The workplaces manufacturing agricultural chemicals prescribed in Subparagraph 2 , Paragraph 1 of Article 26 refers to the workplace where ethylisocyanate, hydrogen chloride, ammonia, formaldehyde, peroxide, or pydridine are used as raw materials to produce the original agent of agricultural chemicals.

The firework manufacturing factories prescribed in Subparagraph 3 of Paragraph 1 of Article 26 of the Act refer to factories manufacturing firecrackers, fireworks and other related products by using chlorate, perchlorate, nitrate, sulphur, sulphide, phosphide, charcoal powder, metal powder and other raw materials. The workplace manufacturing gunpowder or explosives refers to workplace where chemical materials are used to produce explosive products.

The vessel for high-pressure gases prescribed in Subparagraph 4, Paragraph 1 of Article 26 of the Act refers to those vessel processing and/or storing high-pressure gases. The following equipments are exempt from this article.
1.Moveable production equipment.
2.Stand-alone positioned production equipments for non-toxic or non-flammable high-pressured gases.
3.De-pressurizing equipments.
4.Air conditioning equipment and refrigerating equipments using fluorochlorane as cooling agent.
The steam boiler prescribed in Subparagraph 4, Paragraph 1 of Article 26 of the Act refers to the installations and their heat conducting and coal reducing peripherals that produce steam pressure in excess of one atmosphere pressure by using open flame, burning gases or other high temperature gases heating water or heat conductor.

The capacity prescribed in Subparagraph 4, Paragraph 1 of Article 26 of the Act refers to steam boiler which has a heat conducting surface in excess of five hundred square meters, or high-pressure gas vessel which has the freezing capacity of handling over one hundred fifty tons per day, or has the capacity of handling one of the followings:
1.The capacity of handling one thousand cubic meters oxygen, toxic gases or high-pressure flammable gases.
2.Five thousand cubic meters of other gases not prescribed in the preceding subparagraph.

The quantities of dangerous and harmful materials prescribed in Subparagraph 5, Paragraph 1 of Article 26 of the Act shall follow the Regulations listed in Tables 1 and 2.

(Deleted).

Catastrophes and fatal occupational accidents prescribed in Article 27 of the Act 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 involved and required hospitalization as the result of leakage of chemical compounds involving ammonia, chlorine, hydrogen fluoride, phosgene, hydrogen sulfide, sulfur dioxide.
4.Any other incidents designated and publicly announced by the Central Competent Authority.

(Deleted).

When labor inspection agency notifies the business entity for partial shut down or complete shut down in accordance with Articles 27 through 29 of the Act, the length of shut down shall be determined by the labor inspection agency based on the results of the inspection.
If the complete shut down prescribed in the preceding Paragraph exceeds 7 days, the labor inspection agency shall submit its decision to the Central Competent Authority for examination and approval.

The written notification prescribed in Articles 27 through 29 of the Act for shut down shall include the following information:
1.The business entity receiving shut down notice, name and address of the employer.
2.Legal basis for the shut down.
3.Reasons for the shut down.
4.The starting and ending dates of the shut down.
5.The scope of the shut down.
6.The conditions and procedures for filing of resume work.
7.The agencies enforcing the shut down.
When necessary, the scope of the shut down prescribed in Subparagraph 5 of the preceding paragraph shall be specified by photographs and graphics.

The labor inspection agency, in giving business entities written notification for the partially shut down or completely shut down as prescribed in Articles 27 through 29 of the Act, when necessary shall post shut down notices at the concerned workplace and mark the area of the shut down with warning and prohibiting signs clearly.

When the business entity applies for resumption of work in accordance with Article 30 of the Act, the labor inspection agencies shall give written notice to resume work after the causes of the shut down have been eliminated.
The written notification for resumption of work prescribed 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 the resumption of work.
3.The scope of the resumption of work.

Upon completion of the inspection of dangerous machinery and equipment designated inspector shall make description of inspection failures in the remarks section of the original inspection record or in any other required documents and make a formal record. The designated persons who are present at the inspection shall also sign the inspection records.

Article 20 shall also be applicable to the designated inspector identification cards prescribed in Paragraph 4 of Article 31 of the Act.

The conspicuous place(s) prescribed in Article 32 of the Act refers to the places listed in Subparagraph 1 of Article 23 above.
Business entities in placing the public notices at places prescribed in the preceding Paragraph in pursuant to Article 32 of the Act shall be in accordance with the following:
1.The size of the text, the height of the posted 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 new copies should they become tarnished.

(Deleted).

The Rules shall become effective on the date of promulgation.