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ENFORCEMENT RULES OF THE LABOR

SAFETY AND HEALTH LAW

Promulgated on June 28, 1974

Amended on September 16, 1991

Chapter I

General Principles

Article 1

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

Article 2

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.

Article 3

As used in the Law, the term "place of emplayment" shall mean the location specified by the employer for the labor to carry out services set forth in the cartract; 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 ageht, handles all labor-related affairs; and the term "operation area" shall mean the part of a worplace that has been designated for a specified work purpose.

Article 4

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.

Article 5

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

Article 6

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.

Article 7

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.

Article 8

The term " designated inspection agency" as referred to in the Law shall mean an administrative anency, 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.

Chapter II

Safety and Health Installations

Article 9

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.

Article 10

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:
    1. high temperature work areas,
    2. dusty work areas,
    3. lead work areas,
    4. tetra-alkyl lead work areas,
    5. organic solvents work areas,
    6. specified chemical substances work areas, and
  5. All other work areas as specified by the competent authority of the central government.

Article 11

"Dangerous materials that shall be labelled" 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.

Article 12

"Toxic materials that shall be labelled" 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.

Article 13

Dangerous or toxic materials specified in the preceding two Articles shall be labelled with the following information:

  1. Hazard labels (in graphic)
  2. Contents:
    1. Name of the material,
    2. Primary ingredients,
    3. Hazard warning statement,
    4. Hazard prevention measures, and
    5. The name, address and telephone number of the manufacturer or supplier.

Article 14

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.

Article 15

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.

Article 16

"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,

Article 17

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.

Article 18

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 insuffient 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 equiqment or ventilation devices, leak or spill of 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', - Dichloro-4,4'-diaminodiphenylemthane, Nickel carbonyl, p-Dinethylamino-azobenzene, b-Propiolactone, Benzene, Acrylonitrile, Chlorine, Hydrogen cyanide, Methyl bromide, Toluene diisocyanate Methylene bisphenyl diisocyanate, Isophorone diisocyanate, 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.

Article 19

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.

Article 20

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 helath.

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.

Article 21

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. Inoizing 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-tetrachloroethane,
    2. Carbon tetrachloride,
    3. Carbon disulfide,
    4. Trichloro ethene,
    5. Tetrachloroethene,
    6. Dimethylformamide,
    7. N-Hexane,
    8. Benzidine and its salts,
    9. 4-Aminodiphenyl and its salts,
    10. 4-Nitrodiphenyl and its salts,
    11. b-Naphthylamine and its salts,
    12. Dichlorobenzidine and its salts,
    13. a-Naphthylamine and its salts.
    14. Beryllium and its compounds,
    15. Vinyl chloride,
    16. Benzene,
    17. Toluene diisocyanate,
    18. Methylene bisphenyl diisocyanate,
    19. Isophorone diisocyanate,
    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 Ietms 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 contral government.

Article 22

The term "health surveillance booklet" as referred to in Article 12 of the Law shall mean a booklet compiled following the speicfications, 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.

Article 23

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.

Chapter III

Safety and Health Management

Article 24

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.

Article 25

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.

Article 26

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.

Article 27

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.

Article 28

"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.

Article 29

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.

Article 30

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 vessels (small pressure vessels and pressure vessels on board ships are not included); and
  4. All other personnel as specified by the competent authority of the central government.

Article 31

"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.

Article 32

"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.

Article 33

"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:
    1. Pile drivers and pile extractors;
    2. Track layering apparatus;
    3. Acetylene welding apparatus;
    4. Arc welding apparatus;
    5. Electrical driven machinery and tools;
    6. Box caisson;
    7. Passage construction;
    8. Scaffolding;
    9. Work platform;
    10. Ventilation equipment; and
  7. All other items recognized as necessary for co-ordination.

Article 34

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.

Article 35

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 equipment;
  7. Informing and reporting of accident; and
  8. All other item related to health and safety.

Article 36

"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.

Article 37

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.

Chapter IV

Supervision and Inspection

Article 38

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.

Article 39

The authority-in-charge and the inspection agency shall maintain close co-ordination and contact, and the key points of this co-ordinatiion 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.

Article 40

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.

Article 41

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 (s), to provide pertinent reports, records, articles or explanations.

Article 42

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

Article 43

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.

Article 44

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.

Article 45

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.

Chapter V

Penalties

Article 46

All fines prescribed in accordance with the provisions of the Law shall be executed by the competent authority-in-charge.

Chapter VI

Supplementary Provisions

Article 47

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