• Last updated:2021-10-18

The Labor Safety and Health Act was promulgated on April 16, 1974 and was fullyrevised in 1991; in the 22 years since it has undergone no significant furtherrevision. According to the implication of “everyone enjoys a safe and healthy workenvironment” revealed in the International Covenant on Economic, Social and CulturalRights and the ILO’s Occupational Safety and Health Convention (No. 155) (1981) andthe regulation that there should be no difference between industries, however, thisAct is applicable to only 14 industries, including the construction and manufacturingindustries, and is only directed at employed workers, and is thus clearly does notmatch the international consensus on protection of worker health and safety being afundamental human right; the Act thus being revised.

Against a backdrop ofglobalization in recent years, the pursuit of international competitiveness byenterprises has left workers facing a working environment, long working hours andheavy workload; in addition, the innovation of new materials, new substances and newtechnologies might expose workers to new risks so as to make occupational health andsafety face new challenges.

International organizations have, in succession,taken concrete action and achieved real progress with regards to workers’ mental andphysical health, safe utilization of chemicals and intrinsical safety design ofmachines, equipment and appliances and other issues; for example, many countries haveadopted source control to prevent machinery, equipment, appliance or chemical riskcausing hazard, establishing laws that stipulate that manufacturers and importers mustnot manufacture or import machinery, equipment or appliances that does not meet therequirements of health and safety standards. Laws have also been established tostandardize chemical product registration, assessment and licensing system. Withregards to machinery safety and hazardous chemicals, the existing law only covers end-of-pipe management when employer makeslabors work, a situation that lags behind theinternational trend and is not beneficial to guaranteeing labor health and safety andthe raising of international competitiveness.

To strengthen occupationalaccident prevention and health and safety protection for workers the MOL, ExecutiveYuan has put forward a draft amendment to the Labor Safety and Health Act and amendsthe name to the Occupational Safety and Health Act. The bill was submitted to theLegislative Yuan by the Executive Yuan for examination on November 22, 2012 and hasbeen passed third reading on June 18, 2013.

This amendment bill has 55articles, with the following six amendment focus:

1. Expand health and safety protection for workers

Theapplicability of this Act to employed workers in all industries, the self-employed andall others whose labor is directed or supervised by a workplace responsible person isclearly stated. The number of protected persons has been thus increased from 6.9million to just over 10.67 million. As well as making clear the responsibilities ofthe employer, the safety responsibilities or manufacturers and importers and otherrelated parties are all made clear.

2. Establish a machinery,equipment, appliance and chemical source management system

(1)Machinery, equipment and appliances designated by the central competent authoritycannot be manufactured or transported out of the factory or imported if not meetsafety standards or not been certified; with respect to machinery, equipment andappliances that has not been announced as type testing verified and meets therequirements of safety standards, manufacturers or importers should publicize it bymeans of registration and safety label.

(2) Establish evaluation, authorizationand future-reference management mechanisms for new chemical substance, controlledchemical and priority-management chemical; add the obligation of providing ordisclosing safety data sheet, preparing inventory list and implementing training andeducation for hazardous chemical manufacturers, importers, suppliers or employers ofworkers working with such chemicals, and in accordance with their hazard, dispersionand utilization quantity, assess exposure risk and adopt control banding managementmeasures.

3. Build a complete occupational disease prevention system,strengthen protection of the mental and physical health of workers

(1)To prevent worker over fatigue, mental stress and musculoskeletal disorder, protectionof worker physiological and psychological health will be strengthened, clearly statingthat with respect to prevention of work related diseases brought on by long workinghours or over abnormal workload, illegal infringement of mind or body as a result ofthe actions of other when carrying out work, musculoskeletal disorder brought on byrepetitive work, and other matters, appropriate plans should be formulated and thenecessary health and safety measures adopted.

(2) For the potential health-hazard work place, employers should carry out work place monitoring; the monitoringplan and results should be publicly announced and reported to the central competentauthority.

(3) Strengthen worker health management, clearly stating thatemployers cannot use the results of health examinations for any purpose other thanhealth management, and should adopt ranked management of health examination results.

(4) Stipulate that, when the number of workers reaches a certain level,businesses that have been designated by the central competent authority as beingrequired to do so should hire or commission a medical professional to carry out workerhealth management, occupational disease prevention and health promotion and otherworker health protection items.

4. Pay attention to both maternityprotection and employment equality, revising maternity protection regulations forfemale workers

In coordination with the revisions of the ILO’sMaternity Protection Convention 2000 and the implementation of Taiwan’s EnforcementAct of The Convention on the Elimination of All Forms of Discrimination against Women(CEDAW), the rule that prohibits ordinary female workers from engaging in dangerous orharmful work will be revoked; the types and scope of dangerous or harmful work thatpregnant women or women who have given birth in the last year are prohibited fromengaging in will be adjusted; the stipulation that businesses designated by thecentral competent authority should adopt hazard assessment, control and rankedmanagement measures with respect to work that could be a threat to maternal healthwill be added; with respect to pregnant women or women who have given birth in thelast year, work adjustment or change heath protection measures should be adopted.

5. Strengthen high-risk business regularly implementing process safetyassessment and supervision and increase penalties for illegal matters

(1) With respect to petroleum cracking industries, add the stipulation of carrying outregular process safety assessment and reporting to the relevant labor inspectionagency.

(2) In coordination with the revision of the Act’s clauses, revisepenalty provisions taking into account the practical situation and add publiclyannouncing the names of business units and responsible persons and other penalties.

6. Promote workplace health and safety culture and the development ofrelated industries

(1) To encourage local competent authorities andthe competent authority for industry to actively plan the promotion of occupationalhealth and safety measures, add the regulation that central competent authority canimplement performance evaluation and give reward.

(2) Add a stipulation that,with respect to improving of matters that do not conform to regulations, businessunits can contract consulting organizations approved by the central competentauthority to provide specialized technical assistance to ensure service quality.

With the changes in industrial structure and society in recent years, labor healthand safety faces stern challenges. This draft amendment is of great significance interms of protecting the fundamental rights of workers in Taiwan and promotinginternational competitiveness. The Act will enable Taiwan to build a completeoccupational health and safety protection system so as to effectively protect thehealth and safety of all workers.

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• Publication Date:2013-07-02
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