History

These Rules are established in accordance with the
provisions of Article 39 of the Labor Safety and Health Law
(hereafter referred to as "the Law").

The term "wages" as referred to in Article 2 Paragraph 1
of the Law shall mean any and all compensation received by
the labor in exchange for work, and shall include wages,
salaries, as well as bonuses, subsidies or any other regular
recompense to be paid in cash or in kind based on hours,
days, months, or pieces of work.

As used in the Law, the term "place of employment"
shall mean the location specified by the employer for the
labor to carry out services set forth in the contract; the term
"workplace" shall mean the part of an employment site that
can be controlled and managed by the person who, following
instructions from the employer or the employer's designated
agent, handles all labor-related affairs; and the term
"operation area' shall mean the part of a workplace that has
been designated for a specified work purpose.

The term "occupational causes" as referred to in Article 2
Paragraph 4 of the Law shall mean all those factors
generated from operation-related activities, having proximate
cause-result relation-ship with all obligatory activities and
their
accompanying activities associated with employment.

Definitions and scopes of applicable business as listed in
Article 4 of the Law shall be in accordance with the
provisions of Appendix 1.

The term "special machinery and equipment" as referred
to in Article 4 Paragraph 2 of the Law shall mean:
1.All machinery and tolls required having protection
standards as required by the competent authority of the
central government in accordance with the provisions of
Article 6 of the Law.
2.All machinery and equipment to be potentially
dangerous specified by the competent authority of the
central government in accordance with the provisions of
Article 8 of the Law.
3.All other machinery and equipment designated by the
competent authority of the central government.

The term "inspection agency' as referred to in the Law
shall mean an agency established by the competent authority
of the central government or by the empowered
authority-in-charge of the provincial (city) or of a specially
designated area government to enforce labor laws and
regulations, and to execute the duties of supervision and
inspection.

The term 'designated inspection agency" as referred to in
The Law shall mean an administrative agency, academic
organization, public enterprise, or non-profit legal entity
empowered by the competent authority of the central
government to carry out designated inspection duties for the
enforcement of the provisions of articles 14 and 15 of the
Law regarding dangerous machinery and equipment.
When conducting the designated inspection duties, the
designated inspection agency shall be directed by the
competent authority of the central government and supervised
by the authority-in-charge and the inspection agency under
whose jurisdiction the designated inspection agency falls.

According to the provisions of Article 6 of the Law, the
following machinery and tools shall be installed in compliance
with the safety standards required by the competent authority
of the central government:
1.Punching shear machinery,
2.Manually operated planers,
3.Woodworking radial saws,
4.Forklifts,
5.Grinding machinery, and
6.All other machinery as specified by the competent
authority of the central government.

According to the provisions of Article 7 Paragraph 1 of
the Law, the following work areas shall be subject to the
measurement of work environment:
1.Work areas inside of a building which is equipped with
centrally-regulated air condition equipment,
2.Quarry work areas,
3.Indoor work areas with high noise level,
4.The following work areas specified by the competent
authority of the central government:
a.high temperature work areas,
b.dusty work areas,
c.lead work areas,
d.tetra-alkyl lead work areas,
e.organic solvents work areas,
f.specified chemical substances work areas, and
5.All other work areas as specified by the competent
authority of the central government.

"Dangerous materials that shall be labeled" as referred to
in Article 7 Paragraph 1 of the Law shall include explosive
materials, flammable materials (flammable solids, pyrophoric
materials), water reactive materials, oxidizing materials,
ignitable liquids, combustible gases, and all other materials,
as specified by the competent authority of the central
government.

"Toxic materials that shall be labeled" as referred to in
Article 7 Paragraph 1 of the Law shall include carcinogenic
materials, poisonous materials, highly poisonous materials,
materials toxic to the reproductive system, irritating
materials, corrosive materials, sensitizing materials, materials
toxic to the liver, materials toxic to the nervous system,
materials toxic to the kidneys, materials causing blood
poisoning, and all other materials that will potentially lead to
damage of the lungs, skin, eyes and mucous membrane, as
specified by the competent authority of the central
government.

Dangerous or toxic materials specified in the preceding
two Articles shall be labeled with the following information:
1.Hazard labels (in graphic)
2.Contents:
a.Name of the material,
b.Primary ingredients,
c.Hazard warning statement,
d.Hazard prevention measures, and
e.The name, address and telephone number of the manufacturer or supplier.

The term "dangerous machinery" as referred to in Article
8 Paragraph 1 of the Law shall include:
1.Fixed cranes,
2.Mobile cranes,
3.Crank arms,
4.Elevators,
5.Construction lifts,
6.Suspension cages, and
7.All other machinery as designated by the competent authority of the central government.
Elevators refeRred to in Item 4 of the preceding
Paragraph denote only factory elevators or those elevators
provided exclusively for labor use on the site.
Permissible capacity, inspection procedure, inspection
items, inspection standards, and inspection expiration terms
for dangerous machinery referred to in Paragraph 1 of this
Article shall be determined by the competent authority of the
central government.

the term "dangerous equipment" as referred to in Article
8 Paragraph 1 of the Law shall include:
1.Boilers,
2.Pressure vessels,
3.Specialized equipment for use with high pressure gas,
4.Containers for high pressure gas, and
5.All other equipment as specified by the competent
authority of the central government
Permissible capacity, inspection procedure, inspection
items, inspection standards, and inspection expiration terms
for dangerous equipment referred to in the preceding
Paragraph shall be determined by the competent authority of
the central government.

"Inspection" as referred to in Article 8 Paragraph 1 of the
Law shall be classified according to the category of machinery
and equipment as follows:
1.Welding inspection,
2.Structure inspection,
3.Conclusion inspection,
4.Periodic inspection,
5.Renewal inspection,
6.Configuration inspection,
7.Operation inspection, and
8.Modification inspection,

When an employer contracts an architect to design a
workplace in accordance with the provisions of Article 9 of
the Law, the employer shall inform the architect of the
purpose of the structure, all necessary conditions, and safety
and health regulations of the Law.
Inspection agencies shall conduct inspections to confirm
adherence to the preceding health and safety regulations when
such is deemed necessary by the competent authority of the
central government.

The term 'threat of imminent danger" as referred to in
Article 10 of the Law shall exist in workplaces:
1.When a large quantity of dangerous materials is
released from equipment, and such release of materials
poses the threat of imminent explosion, fire or other
life-threatening hazard;
2.When, in the construction of tunnels, life-threatening
hazards are present due to rock slide, flooding,
collapse; or when flammable gas concentration reaching
30% or more of the lower explosion limit;
3.When, handling organic solvents inside of storage tanks
or indoor operation areas with insufficient ventilation,
the hazard of organic solvent poisoning is created
because of the reduction of loss of air circulation by
the malfunctioning of ventilation equipment, or the
inside of the operation area is contaminated by organic
solvents or their mixtures;
4.When, handling tetra-alkyl lead, the hazard of
tetra-alkyl lead poisoning is created because of the
reduction or loss of aif circulation by the malfunction
of equipment or ventilation devices, leak or spill of
tetra-alkyl lead, or the operation area is contaminated
by tetra-alkyl lead or its vapor;
5.When hazard of labor poisoning is present at an
operation area due to hazardous chemical leakage,
including: Ethyleneimine, Vinyl chloride, Chloromethyl
methyl ether, 3, 3', - Dichloro4, 4'-
diaminodiphenylmethane, Nickel carbonyl,
p-Dimethylamino-azobenzene, β-Propiolactone, Benzene,
Acrylonitrile, Chlorine, Hydrogen cyanide, Methyl
bromide, Toluene dusocyanate Methylene bisphenyl
dusocyanate, Isophorone dusocyanate, Methyl
isocyanate, P-Nitro chlorobenzene, Hydrogen fluoride,
Methyl iodide, Hydrogen sulfide, dimethyl sulfate,
Ammonia, Carbon monoxide, Hydrogen chloride, Nitric
acid, Sulfur dioxide, Phenol, Phosgene, Formaldehyde,
Sulfuric acid;
6.When hazard of asphyxiation is present as conducting
operations in areas where oxygen may be deficient; and
7.All other situations as specified by the competent
authority of the central government.

The term "the party responsible for the workplace" as
referred to in Article 10 and Article 18 Paragraph 1 Item 1 of
the Law shall mean that a person representing the employer
in the workplace with responsibility for managing, directing
and supervising labors to do their works.

"The term "physical examination" as referred to in Article
12 of the Law shall mean an examination given to labor upon
employment initiation to determine physical fitness for
employment. Items required in this physical examination shall
be differentiated between those for general works and those
specially hazardous to health.
The term "periodic health examination" as referred to in
Article 12 of the Law shall mean a mandatory health
examination given to labor at regular intervals depending on
the nature of work performed.

the term "work specially hazardous to health" as referred
to in Article 12 of the Law include the following categories of
work:
1.High-temperature work;
2.Work in an environment with noise level exceeding 85
decibels;
3.ionizing radiation work;
4.Work under abnormal pressure;
5.lead work;
6.tetra-ethyl lead work;
7.dusty work;
8.Work in manufacturing or handling the following
chemicals:
1) 1, 1, 2, 2 tetrachioroethane,
2) Carbon tetrachloride,
3) Carbon disulfide,
4) Trichloro ethene,
5) Tetrachioroethene,
6) Dimethylformamide,
7) n-Hexane,
8) Benzidine and its salts,
9) 4 - Aminodiphenyl and its salts,
10)4 Nitrodiphenyl and its salts,
11)β -Naphthylamine and its salts,
12)Dichlorobenzidine and its salts,
13)α -Naphthylamine and its salts,
14)Beryllium and its compounds,
15)Vinyl chloride,
16)Benzene,
17Toluene dusocyanate,
18)Methylene bisphenyl dusocyanate,
19)Isophorone dusocyanate,
20)Asbestos (limited to handling operation),
21)Arsenic and its compounds,
22)Manganese and its compounds,
23)Yellow phosphorus,
24)Paraquat (limited to manufacturing operation),
25)Mixtures and all other materials containing more
than 5% by weight of those chemicals listed in
Items 1 through 7, or 1% by weight of those
chemicals listed in Items 8 though 22 (more than 3%
by weight for beryllium alloy),
26)All other chemicals, their mixture and all other
materials as specified by the competent authority of
the central government, and
9.All other operations as specified by the competent
authority of the central government.

The term "health surveillance booklet" as referred to in
Article 12 of the Law shall mean a booklet compiled following
the specifications, of the competent authority of the central
government that consists of necessary items from the records
of all physical and periodic health examinations items set
forth in Article 20, and the special items included in the
periodic health examinations for those performing works
specified in the preceding paragraph.

The term "medical organization" as referred to in Article
12 of the Law shall mean an organization appointed by the
competent authority of the central government in conjunction
with health authorities of the central government to carry out
physical and health examinations for labor.

The term "labor safety and health organization" as
referred to in Article 14 of the Law shall include:
1.Labor safety and health management units responsible
for planning and conducting worker safety and health
affairs; and
2.Labor safety and health commissions for consultation
and research.

The term "labors safety and health staffing" as referred
to in Article 14 of the Law shall mean:
1.Manager of labor safety and health affairs;
2.Labor safety professional (technician);
3.Labor health professional (technician); and
4.Labor safety and health technician.

The management of labor safety and health for an
enterprise is generally conducted by the employer or a
representative of the employer in a position of managerial
authority while its implementation is the responsibility of the
department heads of the enterprise.

According to the scope and nature of an enterprise, the
employer should direct the labor safety health management
unit as refered to in Article 24 Item 1 of the Law to perform
the following duties:
1.To prepare a detailed occupational accident prevention
plan, and guide the related departments to implement
it;
2.To plan and oversee labor safety and health
management of each department;
3.To plan and oversee examinations and inspections of
labor safety and health installations;
4.To direct and supervise related personnel in conducting
inspection tours, periodic, inspections, priority
inspections and measurement of work environment;
5.To plan and conduct labor safety and health education
and training;
6.To plan labor health examinations, and implement
health management;
7.To oversee occupational accident investigation and
response, and compile occupational accident statistics;
8.To provide the employer with data and suggestions
related to labor safety and health management;and
9.To do any other matters related to labor safety and
health management.

"Labor health and safety commissions" as referred to in
Article 24 Item 2 are an organization within the enterprise
which shall research, discuss, coordinate and make
suggestions related to labor safety and health affairs.

According to the scope and nature of an enterprise, the
employer shall instruct the head at every level of its
administration and person(s) in charge of management,
direction and supervision within the enterprise to implement
relevant items of labor safety and health, as follows:
1.Items related to the prevention of occupational
incidents;
2.Safety and health management implementation items;
3.Items related to periodic inspections, priority
inspections, examinations and all other inspection items;
4.Conducting periodic and random inspection tours;
5.Recommending procedures to improve work;
6.Establishing safe work standards;
7.Instructing and supervising subordinates on the
implementation of and adherence to safe work
standards; and
8.All other items related to safety and health
management as delegated by the employer.

The term 'personnel qualified to operate potentially
dangerous machinery or equipment" as referred to Article 15
of the Law shall mean:
1.Personnel operating fixed cranes, mobile cranes and
crank arms with suspension capacity in excess of five
tons;
2.Personnel operating boilers (excluding small boilers and
boilers on board ships);
3.Personnel handling class-one pressure
pressure vessels and pressure vessels on
not included); and
4.All other personnel as specified by
authority of the central government.
vessels (small
board ships are

the competent
"Work together" as referred to in Article 18 of the Law
shall mean the situation when the initiating enterprise,
contractor and sub-contractor (hereafter referred to as "related
enterprise") individually hire labor to perform work during the
same period of time at the same workplace.

"Co-ordination organization' as referred to in Article 18
Paragraph 1 Item 1 of the Law shall be organized by the
initiating enterprise in consultation with all related enterprises
and should perform co-ordination functions at fixed or variable
intervals.

"Items for co-ordination" as referred to in Article 18
Paragraph 1 Item 1 of the Law are as follows:
1.Standardizing operational signals for fixed cranes,
mobile cranes, crank arms, elevators, simple lifts, and
construction lifts;
2.Standardizing workplace labels and notification;
3.Standardizing the storage area for empty container used
for hazardous materials;
4.Standardizing alarm systems;
5.Standardizing emergency evacuation procedures and
training; and
6.Coordinating safety measures when the following
machinery, equipment or construction materials are
being used:
a.Pile drivers and pile extractors;
b.Track layering apparatus;
c.Acetylene welding apparatus;
d.Arc welding apparatus;
e.Electrical driven machinery and tools;
f.Box caisson;
g.Passage construction;
h.Scaffolding;
i.Work platform;
j.Ventilation equipment; and
7.All other items recognized as necessary for
co-ordination.

When disseminating the Law and all related safety and
health regulations according to the provisions of Article 24 of
the Law, the employer may use education, public
announcement, distribution of printed materials, group
reporting and all other methods that will permit his all labors
a complete understanding of the Law.

The contents of "occupational safety and health working
rules" as referred to in Article 25 of the Law must be
prescribed with reference to the following particulars:
1.The labor health and safety management system and
the power and responsibility of every level unit, for
the enterprise;
2.Maintenance and inspection of equipment;
3.Occupational health and safety standards;
4.Education and training;
5.First aid and emergency rescue;
6.Preparation, maintenance and use of safety
7.Informing and reporting of accident; and
8.All other item related to health and safety.
equipment;

"Labor representative" as referred to in Article 25 of the
Law shall be selected by all union members or at a meeting
of union representatives of an enterprise with union
representation society, or by direct labor election in an
enterprise without union representation society.

Safety and health working rules may be established and
applicable to the entire or part of the enterprise with
reference to the actual needs of the enterprise, and may be
established separately according to the scope and nature of
the work, but must be reported to inspection agencies for
future reference. Those safety and health working
rulesxestablished by enterprises whose operations cross county
(city) boundaries shall be reported to the competent authority
the central government for future reference.

The organization and duties of the Labor Safety and
Health Consultation Committee referred to in Article 26 of the
Law shall be determined separately by the competent
authority of the central government.

The authority-in-charge and the inspection agency shall
maintain close co-ordination and contact, and the key points
of this co-ordination and contact shall be determined in
accordance with actual needs as prescribed by the competent
authority of the central government or by the
authority-in-charge of the provincial (city) government.

The authority-in-charge or the inspection agency shall at
regular intervals make separate reports on supervision and
inspection findings to the competent authority of the central
government for appraisal and ratification.

The authority-in-charge or the inspection agency, in
supervising and inspecting labor safety and health, may,
when necessary may require the employer, or the employer's
representative, labor or other related person (5), to provide
pertinent reports, records, articles or explanations.

The authority-in-charge or the inspection agency, in
executing the supervision and inspection of labor safety and
health, may, when necessary, require the designated
inspection agency or the designated agent to provide pertinent
reports, records, accounting books, articles or explanations.

In accordance with the provisions of Article 27 of the
Law, the number of days that work shall either partly or
wholly cease to continue shall be determined by the
authority-in-charge or the inspection agency upon a careful
examination of the circumstances. Before work ceases for a
period of more than seven days, a report shall be submitted
to the competent authority of the central government for
appraisal and ratification.

Should or may a critical occupational hazard which tends
to result in death or serious injury to labor occur or arise,
and thus the work shall be ceased immediately, the inspection
personnel shall report same immediately to the inspection
agency which will order the work to be ceased.

Enterprises designated by the competent authority of the
central government as referred to in Article 29 of the Law
are as follows:
1.Enterprises which employ thirty or more workers and
are: manufacturing, construction, water, electricity,
and gas suppliers, mining and quarrying, shipping,
storage, communications, forestry, lumber enterprises;
and
2.Other enterprises designated by the competent authority
of the central government and which have received
written notification from the inspection agency.

All fines prescribed in accordance
the Law shall be executed
authority-in-charge.

with the provisions of by the competent
This enforcement rules shall take effect on the day of
promulgation.