History

This Law is enacted for the purpose of preventing
occupational accidents and protecting labor safety and health.
Any such matters not covered by this Law shall be governed
by other relevant laws.

The term labor" as used in this Law shall mean a person
employed to undertake work in exchange for wages.
The term "employer" as used in this Law shall mean the
owner of an enterprise, or the person in a position of
managerial responsibility for such an enterprise.
The term "enterprise" as used in this Law shall mean an
institution, falling within the scope of this Law, that employs
labors to perform work.
The term "occupational accident" as used in this Law shall
mean any disease, injury, disability, or death caused by
building structures, equipment, raw materials, ingredients,
chemicals, gas, vapor, dust, etc., in the place of
employment, or as a result of the performance of duty, or
because of other occupational causes.

The term "competent authority" as used in this Law shall
mean the Council of Labor Affairs of the Executive Yuan at
the central government level, the provincial (city) government
at the provincial (city) level, or the hsien (city) government at
the hsien (city) level.
For health matters pertaining to this Law, the competent
authority of the central government shall coordinate with
health authorities of the central government.

This Law shall apply to the following industries:
1.The agricultural, forestry, fishing and livestock
industries
2.The mining and quarry industries;
3.The manufacturing industry;
4.The construction industry;
5.The water, electricity, and fuel gas industries;
6.The transportation, warehousing and communications
industries;
7.The restaurant and hotel industries;
8.The machinery and equipment rental industry;
9.The environmental sanitation service industry;
10.The mass communication industry;
11.The medical and health care service industries;
12.The repair service industry;
13.The laundering and dyeing industries;
14.The national defense industry; and
15.All other industries specified by the competent authority
of the central government.
For those industries which fall under the category of Item
15, the competent authority of the central government may
designate a part of the workplace, or special machinery and
equipment to be governed by this Law.

It is the responsibility of the employer to provide
necessary safety and health installations in conformity with
established standards for the following purposes;
1.To prevent the risk of injury posed by machinery,
tools, equipment, etc.;
2.To prevent the -risk of injury posed by materials of an
explosive or flammable nature;
3.To prevent the risk of injury posed by electricity, heat,
and other energy sources;
4.To prevent the risk of injury encountered in the course
of quarrying, excavating, loading and unloading,
transportation, stockpiling, and logging;
5.To prevent the risk of injury posed by falls and
structure collapse at the operation area;
6.To prevent the risk of injury posed by high pressure
gas;
7.To prevent the risk of injury posed by raw materials,
ingredients, gas, vapors, dust, solvents, chemicals,
toxic substances, oxygen-deficient air, biological agents,
etc.;
8.To prevent the risk of injury posed by radiation,
extremes in temperature, ultrasonic waves, noise,
vibration, abnormal atmospheric pressure, etc.;
9.To prevent the risk of injury posed by monitoring
instruments, and high precision operations;
10.To prevent the risk of injury posed by gas, liquid and
solid wastes; and
11.To prevent the risk of injury posed by floods and fires.
It is the responsibility of the employer to plan for and
take the necessary measures to provide the labor with a safe
and healthy place of employment, including acceptable
passageways, floors, stairways, ventilation, lighting,
illumination, temperature and humidity control, as well as
facilities for rest, emergency exit, first aid, medical
treatment, and other equipment to protect the safety and
health of labor.
Standards for the necessary equipment and measures in
the preceding two paragraphs shall be established by the
competent authority of the central government.

Employers shall not install machinery or tools that do not
conform to the safety standards established by the competent
authority of the central government, to be used by labors.

Employer shall conduct measurement of work environment
in those work areas designated by the competent authority of
the central government, and shall also label dangerous and
hazardous materials with necessary precautionary safety and
health warnings.
Standards for measurement of work environment,
qualifications of the monitoring personnel, labeling of
dangerous or hazardous materials, and necessary precautionary
safety and health warnings set forth in the proceeding
paragraph shall be established by the competent authority of
central government.

Employers shall not be permitted to utilize machinery or
equipment determined to be potentially dangerous by the
competent authority of the central governmnet, without first
passing inspection by an inspection agency or designated
inspection organizations appointed by the said authorities.
Employers shall not continue utilizing such machinery or
equipment past specified expiration dates without re4nspection
and further approval.
An inspection fee shall be collected for the inspection of
potentially dangerous machinery or equipment described in the
preceding paragraph.
Designated inspection organizations must perform their
duties in accordance with this Law and all orders issued in
accordance with this Law.
Inspection fee schedules, qualifications and responsibilities
of the designated inspection organization shall be established
by the competent authority of the central government.

All workplace building structures must be designed by a
legally registered practicing architect in accordance with the
provision of the construction laws and the safety and health
provisions of this Law.

When a threat of imminent danger arises in the
workplace, the employer or the person in charge of the
workplace shall immediately issue orders for a suspension of
work activity, and evacuate labors to safe area.

Employers shall not subject labors to conditions of
extreme heat for more than six hours daily. When labors work
under conditions of abnormal atmospheric pressure, at high
elevations, requiring high precision or physical exertion, or
other specially dangerous tasks, employers shall, according to
regulations, reduce work hours and be given adequate time
for rest during working hours.
Standards for the preceding paragraph describing the
reduction of working hours and adequate time for rest for
working under extreme heat, abnormal atmospheric
pressure, high elevation , high precision and physical
exertion, and other specially dangerous works shall be
established by the competent authority of the central
government in coordinating with relevant institutions.

Employers shall perform pre-employment physical
examinations of labors at the time of employment, as well as
periodic health examinations of current labors. Where labors
are subject to conditions particularly dangerous to health,
specific health examinations shall be performed on a regular
basis. Health surveillance booklets shall be prepared and
distributed to labors.
The health examinations described in the proceeding
paragraph shall be performed by a physician of a medical
organization or the medical/health care unit attached to the
enterprise. All examination records shall be maintained, and
the employer is responsible for all related examination
expenses. Examination items, time limits, record keeping of
the physical and health examination, health surveillance
booklets, and qualifications for medical institutions described
in the preceding two paragraphs shall be established by the
competent authority of the central government.
Labors are obliged to accept the examinations described in
the first paragraph.

Employers shall not hire persons who do not meet the
physical examination criteria necessary to perform the
intended work. Aside from providing medical assistance,
employers shall modify the operation area, charge the job
assignment, reduce working hours, and provide other
appropriate measures to labors who, due to occupational
factors, are not fit to perform current job after the health
examination.

Employer shall, according to the scope and nature of its
enterprise, put safety and health management, in place, and
according to the specification of the competent authority of
the central government, establish labor safety and health
organization and staff.
Employer shall establish self-inspection schedules and
carry out self-inspection for machinery and equipment, and its
operation described in Article 5, Paragraph 1.
The labor safety and health organization, staffing and
administration, and self-inspection prescribed in the preceding
two paragraphs shall be established by the competent
authority of the central government.

Employers shall employ only those personnel who have
passed training approved by the competent authority of the
central government, or whose technical competence has been
certified, to operate machinery or equipment determined to be
potentially dangerous by the competent authority of the
central government,

When an enterprise consigns work to a contractor, the
contractor shall assume, to the extent of contracted
proportion, of the stipulated responsibilities of the employer in
accordance with this Law. The original enterprise and the
contractor still take joint responsibility for claims resulting
from occupational accidents. The above also applies to
sub-contractors.

It is the responsibility of an enterprise, before consigning
all or part of work, to notify the contractor of the work
environment, potential hazards, as well as safety, health and
necessary measures required by this Law and other regulations
related to this Law.
It is likewise the responsibility of the contractor, before
consigning all or part of a same work, to notify the
sub-contractor in accordance with the above paragraph.

When a enterprise, contractor and sub-contractor
individually hire labors to work together, the original
enterprise shall institute the following measures to prevent
occupational accidents:
1.To establish a co-ordination organization, and appoint
the person in charge of the workplace to be responsible
for supervision and coordination;
2.To regulate and integrate works;
3.To inspect workplace;
4.To direct and assist interrelated contractor safety, and
health education; and
5.To take all other necessary measures to prevent
occupational accidents.
If an enterprise consigns two or more contractors to
work together, but the enterprise itself dose not participate
in such work, one of such contractors shall be assigned to
take the enterprise's responsibilities set forth in the preceding
paragraph.

When two or more enterprises, by contributing funds,
jointly contract a project, all parties shall nominate among,
themselves one representative who is deemed the employer of
such project and will assume the responsibilities of employer
to prevent occupational accidents ~s described in this Law.

Employers shall not employ juveniles to perform any of
the following potentially dangerous or hazardous work:
1.Work in a tunnel;
2.Work involving the handling of materials of an
explosive or flammable nature;
3.Work in an environment contaminated by lead,
mercury, chromium, arsenic, yellow phosphorous,
chlorine gas, hydrogen cyanide, aniline or other
potentially hazardous substances;
4.Work in an environment with harmful levels of
radiation;
5.Work in an environment with harmful levels of dust;
6.Work involving the cleaning, lubrication, inspection
repairs, shifting of belts or chains of the moving part
of machinery, or dangerous part of machinery in
transmission;
7.Work involving connecting of electric cables carrying
greater than 220 volts;
8.Work involving the handling of smelted material or
slag;
9.Firing or operating a boiler;
10.Operating a rock drill or other machinery involving
excessive vibration;
11.Work involving the handling of objects above a specific
weight;
12.Operating a crane, or crank arm;
13.Operating a dynamic cable hoist, power lift or
cableway;
14.Operating rolling mills for rubber compounds, or
synthetic resins; and
15.Other works determined to be of a potentially
dangerous or hazardous nature by the competent
authority of the central government.
Standards for defining the potentially dangerous or
hazardous work set forth in the preceding paragraph shall be
prescribed by the competent authority of the central
government.

Employer shall not employ female labors to perform any
of the following potentially dangerous or hazardous work:
1.Working in a tunnel;
2.Work in an environment contaminated by lead,
mercury, chromium, arsenic, yellow phosphorous,
chlorine gas, hydrogen cyanide, aniline or other
potentially hazardous substances;
3.Operating a rock drill or other machinery involving
excessive vibration;
4.Work involving the handling of objects above a specific
weight;
5.Work in an environment with harmful levels of
radiation; and
6.All other categories of work determined to be of a
potentially dangerous or hazardous nature by the
competent authority of the central government.
Item 5 of preceding paragraph does not apply to female
labors incapable of bearing children. Standards for the
potentially dangerous or hazardous work set forth in the
preceding paragraph shall be prescribed by the competent
authority of the central government.

Employer shall not employ pregnant female labors or
those who have given birth in the previous twelve months for
performing any of the following potentially dangerous or
hazardous work:
1.Work involving the handling of smelted material or
slag;
2.Operating a crane, or crank arm;
3.Operating a dynamic cable hoist, power lift or
cableway;
4.Operating rolling mills for rubber compounds, or
Synthetic resins; and
5.All other categories of works determined by the
Competent authority of the central government to be
Of a potentially dangerous or hazardous nature;
Standards for defining the potentially dangerous or
Hazardous work set forth in the preceding paragraph shall be
Prescribed by the competent authority of the central
government.
Restrictions specified in the first paragraph may be
waived for a female labor, six months after delivery, with
documentation from a physician testifying no harm to the
health of the labor, and a voluntarily requesting to be
engaged in the work.

It is the responsibility of the employer to provide labors
with all safety and health education and training necessary to
perform duties and to prevent accidents.
Standards for education and training described in the
preceding paragraph shall be prescribed by the competent
authority of the central government.
Labors are obliged to participate in safety and health
education and training as described in the first paragraph.

It is the responsibility of the employer to disseminate the
general contents of this Law and related safety and health
regulations to all labors.

The employers shall prepare, in consultation with labor
representatives, appropriate safety and health working rules.
After sending to inspection agencies for record keeping the
rules shall be posted and enforced.
The labors shall effectively obey the rules mentioned in
the preceding paragraph.

Competent authorities shall invite representatives from
related agencies, scholars and experts to form a Labor Safety
and Health Consultation Committee, to study and recommend
matters of improving labor safety and health.

Competent authorities and inspection agencies shall carry
out inspections of the workplaces of an enterprise. Those not
conforming to existing regulation shall be informed of their
breach of law, and be given a period of time in which to
make inprovement. Those failing to complete within the
specified period of time, or who have had occupational
accidents, or have the potential for occupational accidents shall
be ordered to partially or entirely cease operations. Employers
are responsible for labor salaries during this cease period.

If an enterprise experiences an occupational accident, the
employer is not only responsible for providing necessary rescue
and/or emergency treatment, but must also complete an
investigation, an analysis of the accident, and make a record
of such.
When a workplace of an enterprise experiences one of the
following types of occupational accidents, it is the
responsibility of the employer to report the accident within 24
hours to the appropriate inspection agency:
1.An accident involving death;
2.An accident causing injuries of three or more labors;
and
3.All other categories of accidents as announced by the
competent authority of the central government.
When an inspection agency receives an accident report as
described in the previous paragraph, an investigator shall be
dispatched immediately.
If an enterprise experiences an occupational accident listed
in the second paragraph, unless in the circumstances of
providing rescue and/or emergency treatment, the employer
shall not disrupt or alter the accident scene without the
permission of the appropriate judicial body or inspection
agency.

Any employer of an enterprise so designated by the
competent authority of the central government shall complete
monthly reports on the statistics of occupational accidents,
and forward such reports to the appropriate inspection
agencies for future reference.

If a labor discovers that his enterprise is in violation of
this Law or other related safety and health regulations, the
labor may appeal this violation to the employer, the
competent authority or the appropriate inspection agencies.
The employer may not, without adequate reason, fire,
transfer, or take any other similarly non-beneficial action for
six months against the labor who had filed appeal as
described in the preceding paragraph.

Anyone found to be in violation of Article 5, Paragraph 1
or Article 8, Paragraph 1, and whose actions led to an
occupational accident as described in Article 28, Paragraph 2,
Item 1 shall be subject to no more than three years in prison
or detention, or fines not in excess of NT$150, 000, or both.
When a legal entity violates any of the above-mentioned
provision, in addition to punishing the person in charge, the
legal entity will be penalized with the fines listed above.

Any act in violation of the following provisions may result
in a prison term or detention of no more than one year, or
fines not in excess of NT$90, 000 or both:
1.Article 5, Paragraph 1 or Article 8, Paragraph 1,
leading to work-related accident as prescribed in the
Article 28, Paragraph 2, Item 2; and
2.Article 10, Article 20, Paragraph 1, Article 21,
Paragraph 1, Article 22, Paragraph 1 or Article 28,
Paragraph 2 or Paragraph 4.
3.Notice of stop work order as issued in accordance with
Article 27 by any authorities or inspection agency.
When a legal entity violates any of the above-mentioned
provision, in addition to punishing the person in charge, the
legal entity will be penalized with the fines listed above.

Any act in violation of the following provisions may result
in a fine of no less then NT$30, 000, and not in excess of
NT$150, 000:
1.Article 5, Paragraph 1 or Article 6, and failure to
comply within specified period of time;
2.Article 8, Paragraph 1, Article 11, Paragraph 1,
Article 15 or Article 28, Paragraph 1; and
3.Refusal, obstruction, or hindrance of inspection as
specified by this Law

Any act in violation of the following provisions may result
in a fine of no less than NT$30, 000 and not in excess of
NT$60, 000:
1.Article 5, Paragraph 2, Article 7, Paragraph 1, Article
12, Paragraph 1 or Paragraph 2, Article 14, Paragraph
1 or Paragraph 2, Article 23, Paragraph 1, Article 25,
Paragraph 1 or Article 29, and failure to correct within
specified period of time;
2.Article 9, Article 13, Article 17, Article 24 or Article
30, Paragraph 2; and
3.Failure to provide wages in accordance with Article 27.

Any act in violation of Article 12, Paragraph 4, and Article
23, Paragraph 3 or Article 25, Paragraph 2 shall be subject
To a fine of not to exceed NT$3, 000.

Designated inspection agencies found to be in violation of
This Law or orders issued in accordance with this Law in
Performance of their duty shall be subject to fine of no less
Than NT$30, 000, and not to exceed NT$150, 000. More serious
Offences may subject the offender to temporary suspension or
Revocation of designated inspection agencies status by the
Competent authority of the central government.

Violators having been notified of imposed fines, who fail
to pay within the specified period of time, shall have their
cases forwarded to the proper judicial authorities for
enforcement.

To promote effective prevention of occupational accidents,
increase labor awareness of safety and health, and promote
safety and health education, the competent authority of the
central government shall establish award and consultation
programs to assist enterprise and other related groups in their
implementation.

Enforcement rules and regulation shall be determined by
the competent authority of the central government.

This Law is effective from its date of promulgation.