Chapter Ⅲ Determination and Appraisal of Occupational Diseases
Article 11
A worker who is suspected of having an occupational disease shall be diagnosed by a physician. When disagreeing with the diagnostic result concerning the occupational disease, the worker concerned or the employer concerned may prepare relevant documents and information and file application to the municipal or county(city) competent authorities for determination.
Article 12
In order to determine occupational diseases, to protect the rights of workers having occupational diseases, the municipal and county(city) competent authorities may establish a Committee on Occupational Diseases Determination.
The organization, determination procedures, and meeting of said Committee shall apply, mutatis mutandis, to the provisions of Article 14 to 16.
Article 13
When the municipal or county(city) competent authorities have difficulty in determining an occupational disease, workers or employers disagree with the determination on an occupational disease rendered by the municipal or county(city) competent authorities, or labor insurance institutions deems it necessary in the case of determining an occupational disease, an application may be filed together with relevant documents and information with the Central Competent Authority for appraisal.
Article 14
In order to appraise occupational diseases to protect the rights of workers having occupational diseases, the Central Competent Authority shall establish a Committee on Occupational Diseases Appraisal (hereinafter referred to as the Appraisal Committee).
The Appraisal Committee shall consist of 13 to 17 members, and the Central Competent Authority shall select members from the following persons, and appoint one of the members as the chairperson:
1. 2 delegates from the Central Competent Authority.
2. 1 delegate from the Department of Health, Executive Yuan.
3. 8 to12 physicians specialized in occupational diseases.
4. 1 expert in occupational safety and health.
5. 1 expert in laws.
The term of service for members is 2 years, and may be extended by the expiration date; members who represent government agencies shall stay and quit with their duties.
Article 15
The Appraisal Committee may hold a meeting only when more than one half of members attend and only when physicians specialized in occupational diseases shall be no less than one half of the attending members of physicians; Members shall attend the meeting in person. For providing occupational disease-related data and information, the Appraisal Committee if necessary may ask relevant medical associations to provide data and information or to assign person(s) for attendance without voting right.
Depending on the circumstances, the Appraisal Committee may also invite other specialists or the concerned parties or government agencies to attend.
Article 16
When receiving the application for occupational disease appraisal, the Central Competent Authority shall immediately send the relevant data and information to members of the Appraisal Committee for formal review, and the consensus of at least three-quarters of the committee members is required for the appraisal to be concluded.
In the event that no conclusion can be reached in the approach described in the preceding paragraph, the Central Competent Authority shall request the committee members to make a second formal review, and the consensus of at least two-thirds of the committee members is required for the appraisal to be concluded.
In the event that no conclusion is reached at the second formal review, the chairperson of the Appraisal Committee shall call upon and hold an all-member meeting in which the attending members shall screen and come to a decision by a consensus of at least one half of the attending members vote.
Article 17
When the Appraisal Committee deems it necessary, the Central Competent Authority shall arrange committee members in collaboration with labor inspectors in accordance with the Labor Inspection Act to inspect the workplace concerned.