History

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

The term "wages" referred in Article 2, Paragraph 1 and in Article 27 of the Act 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 compensation to be paid in cash or in substance based on hours, days, months, or pieces of work.

The term "place of employment" referred in Article 2, Paragraph 4, and in Article 5, Paragraph 2of the Act shall mean the location specified by the employer for the labor to render work in the fulfillment of the employment contract.
The term "workplace" referred in Article 4, Paragraph 2, in Article 9, in Article 10, in Article 18, Paragraph 1, in Article 27, and in Article 28, Paragraphs 1 and 2 of the Act, shall mean the part of the place of employment that can be controlled and managed by the person who handles labor-related affairs, following instructions from the employer or the employer's designated agent.
The term " job site" referred in Article 5, Paragraph 1, in Article7, Paragraph 1, and in Article 13 of the Act, shall mean the part of a workplace that has been designated for a specified work purpose.

The term "occupational causes" referred in Article 2 Paragraph 4 of the Act shall mean all factors derived from work activities, having proximate cause-effect relationship with obligatory and accompanying activities associated with employment.

Definitions and scopes of applicable industries referred in Article 4, Paragraph 1 of the Act shall be in accordance with the Appendix.

The term "special machines and equipment" referred in Article 4, Paragraph 2 of the Act shall mean:
1. All machinery or tools with protective standards established by the competent authority of the central government in accordance with the provisions of Article 6 of the Act.
2. All machinery or equipment determined potentially dangerous by the competent authority of the central government in accordance with the provisions of Article 8, Paragraph 1 of the Act.
3. All other machinery or equipment designated by the competent authority of the central government.

Employers shall install the following machines, tools or equipment, in accordance with the protective standards established by the competent authority of the central government:
1. Powered press and shear machinery,
2. Manually-operated planers,
3. Radial saws for wood process,
4. Powered forklifts,
5. Powered grinding machinery and wheels,
6. All other machinery or tools designated by the competent authority of the central government.

According to the provisions of Article 7, Paragraph 1 of the Act, exposure monitoring shall be performed in the following job sites:
1. Job sites inside buildings which are equipped with centrally-regulated air conditioning equipment;
2. Quarry job sites;
3. Job sites with noticeable noise level;
4. The following job sites designated by the competent authority of the central government:
(1) Unusually high temperature job sites;
(2) Dusty job sites;
(3) Lead job sites;
(4) Tetra-alkyl lead job sites;
(5) Organic solvents job sites;
(6) Specified hazardous chemical substances job sites.
1. All other job sites designated by the competent authority of the central government.

According to the provisions of Article 7 Paragraph 1 of the Act, dangerous substances that shall be labeled shall include explosive substances, flammable substances (flammable solids, pyrophoric substances, water reactive substances), oxidizing substances, flammable liquids, combustible gases, and all other substances designated by the competent authority of the central government.

According to the provisions of Article 7 Paragraph 1 of the Act, hazardous substances that shall be labeled include organic solvents, lead, tetra-alkyl lead, specified hazardous chemical substances, and all other substances designated by the competent authority of the central government.

According to the provisions of Article 8, Paragraph 1 of the Act, potentially dangerous machinery refer to the following with specific capacity designated the competent authority of the central government:
1. Fixed cranes;
2. Mobile cranes;
3. Derricks cranks ;
4. Elevators;
5. Lifts for construction work;
6. Gondolas;
7. All other machinery designated by the competent authority of the central government.

According to the provisions of Article 8, Paragraph 1 of the Act, potentially dangerous equipment refer to the following with specific capacity designated the competent authority of the central government:
1. Boilers;
2. Pressure vessels;
3. High-pressure gas specific equipment;
4. High-pressure gas vessels;
5. All other equipment designated by the competent authority of the central government.

According to the provisions of Article 8, Paragraph 1 of the Act, "inspection" refers to the following designated by the competent authority of the central government according to the type and characteristics of machinery and equipment:
1. Welding inspection;
2. Structure inspection;
3. Completion inspection;
4. Periodic inspection;
5. Renewal inspection;
6. Integrity inspection;
7. Operation inspection;
8. Modification inspection.

According to the provisions of Article 10 of the Act, "threat of imminent danger" refers to the following situations:
1. When a large quantity of dangerous substances or hazardous substances is released from equipment, dangers such as explosion, fire or intoxication may occur imminently;
2. During construction of waterways, levee, dike, and circular embankment, dangers may occur imminently due to strong wind, heavy rain or earthquake;
3. During construction of tunnels and excavation operations of caissons, buried logs and trenches, etc., dangers may occur imminently due to cave-in, flooding, collapse, or quicksand;
4. When vapors of flammable liquid or combustible gas stagnate in job site , reaching 30% or more of the lower explosion limit, dangers such as explosion and fire may occur imminently;
5. When organic solvents is handled inside storage tanks or indoor job sites with insufficient ventilation, danger of organic solvent intoxication may occur imminently because of the failure of ventilation system, or because the inside of the operation area is contaminated by organic solvents or their mixtures;
6. When an operation is performed where oxygen may be deficient, danger of asphyxiation may occur imminently;
7. All other situations designated by the competent authority of the central government.

According to the provisions of Article 10 and Article 18, Paragraph 1, Item 1 of the Act, the person in charge of the workplace refers to the person representing the employer in the workplace with responsibility for managing, directing and supervising labors to do their works.

According to the provisions of Article 12, Paragraph 1 of the Act, pre-employment physical examination refers to the health examination given to labor at the beginning of the employment or job change, in order to determine job fit and uncover any disease that may make the job unsuitable; periodic health examination refers to the health examination given to labor on a regular basis according to the age group of the labor; specific health examination refers to the health examination given to labor required to performing operations particularly hazardous to health on a regular basis, according to the hazards present in the operation .

According to the provisions of Article 12, Paragraph 1 of the Act, operations particularly hazardous to health refers to the following:
1. Unusually high temperature operations;
2. Noisy operations;
3. Ionizing radiation operations ;
4. Abnormal pressure operations;
5. Lead operations;
6. Tetra-ethyl lead operations ;
7. Dusty operations ;
8. Organic solvent operations designated by the competent authority of the central government;
9. Operations involving manufacturing, handling, and use of specified chemical substances designated by the competent authority of the central government;
10. Operations involving manufacturing, handling, and use of yellow phosphorus;
11. Bipyridine or Paraquat manufacturing operations;
12. Other operations designated by the competent authority of the central government.

According to the provisions of Article 12, Paragraph 2 of the Act, medical care establishments performing pre-employment physical examinations, periodic health examinations, and specific health examinations, shall be appointed by the competent authority of the central government in conjunction with health authorities of the central government.

According to the provisions of Article 14, Paragraph 1 of the Act, labor safety and health organization shall include the following :
1. Management unit for labor safety and health;
2. Labor safety and health committee.

According to the provisions of Article 14, Paragraph 1 of the Act, labor safety and health staff shall include the following :
1. Manager of labor safety and health affairs;
2. Labor safety specialist;
3. Labor hygienist;
4. Labor safety and health technician.

According to the provisions of Article 19, Paragraphs 1, management unit for labor safety and health refers to the organization inside the enterprise responsible for planning and implementing labor safety and health affairs; labor safety and health committee refers to the organization inside the enterprise responsible for reviewing, coordinating and making suggestions related to labor safety and health affairs.

The employer or a representative of the employer with managerial authority shall be charged with labor safety and health management of an enterprise; department heads of an enterprise are responsible for implementation.

According to the provisions of Article 17, Paragraph 1 of the Act, notification to contractors before consigning work shall be given in writing, or by calling coordination meeting and keeping the minutes.

According to the provisions of Article 18 of the Act, joint work refers to the work performed in the same time period at the same workplace by labors hired by the initiating enterprise, its contractor(s) and sub-contractor(s).

According to the provisions of Article 18, Paragraph 1, Item 1 of the Act, consultative organization shall be called by the original enterprise, in order to coordinate the following at fixed or variable intervals：
1. Safety and health management plan;
2. Working and health management rules of labor safety and health;
3. Implementation and coordination of safety and health self-management;
4. Control of dangerous operations involving lighting fire, elevated place, excavation, explosion, high voltage electricity, etc.;
5. Control of operations in hazardous work environments, such as entry into confined space, and operations involving hazardous materials;
6. Control of electric machinery and tools entering the factory;
7. Control of labor entering the workplace;
8. Matters related to management change;
9. Unified signals for operating potentially dangerous machinery, labeling and notices in the workplace, placement of empty containers for hazardous materials, alarms, and emergency plan and training, etc.;
10. Coordinated safety measures for using machinery, equipment and structures such as pile drivers, pile drawers, electric machinery, electric tools, railway equipment, acetylene welding equipment, arc welding equipment, ventilation equipment, caissons, passage construction, scaffold, and work platform;
11. Other matter deemed to require coordination.

Employers may use education, public announcement, distribution of printed materials, meetings and presentations, electronic mails, Internet, and other methods that will allow all labors to gain a full understanding, to disseminate information on Labor Safety and Health Act and related safety and health regulations, according to the provisions of Article 24 of the Act.

According to the provisions of Article 25, Paragraph 1, the contents of safety and health working rules may refer to the following:
1. Labor health and safety management in the enterprise and the responsibility for each level of management;
2. Maintenance and inspection of equipment;
3. Work health and safety standards;
4. Education and training;
5. First aid and emergency response;
6. Preparation, maintenance and use of safety equipment;
7. Informing and reporting of accident;
8. Other matters related to health and safety.

Safety and health working rules referred in Article 27 may be established and be applicable to the entire or part of the enterprise, according 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.
Safety and health working rules established by enterprises whose operations cross two or more inspection agencies jurisdiction shall be reported to the inspection agency designated by competent authority in the central government.

According to the provisions of Article 25, Paragraph 1 of the Act, labor representative refers to the representative designated by the labor union in the enterprise; if the enterprise is not unionized, labor representative may be appointed by all labor through a direct election called by the employer, or by mutual agreement.

Competent authorities and inspection agencies in the government of metropolitan areas under direct jurisdiction of the Executive Yuan, and in hsiens/cities, must report the results of labor safety and health supervision and inspection to the competent authorities in the central government for review.

Competent authorities and inspection agencies may, as they deem necessary, require designated inspection agencies and designated inspectors to provide pertinent reports, records, accounting books, documents or explanations.

Accidents that involves three or more workers referred in Article 28, Paragraph 2, Item 2 of the Act, shall mean that in one work place in one accident, three or more workers have suffered permanent total disability, permanent partial disability, or temporary total disability.

Enterprises designated by the competent authority of the central government in accordance with the provisions of Article 29 of the Act are as follows:
1. Enterprises which employ 50 or more workers;
2. Enterprises which employ less than 50 workers, but have been designated by the competent authorities in the central government and have been notified in writing by inspection agencies.
Competent authority in the central government may delegate or entrust the designation referred in the preceding paragraph to inspection agencies.
The format for reporting occupational accident statistic that employers must complete in accordance with the provisions of Article 29 of the Act shall be established by the competent authority in the central government.

When workers file appeals in the belief that occupational accidents were caused by employer failing to meet the Act, those workers may seek judicial supports from the competent authority in the central government.
Competent authority in the central government may entrust such judicial supports referred in the preceding paragraph to private organizations.

These enforcement rules shall take effect on the day of promulgation.