In order to plan and execute business related to occupational safety and health, the protection of laborers from occupational accidents, and labor inspection, the Ministry of Labor has established the Occupational Safety and Health Administration (hereinafter referred to as the Administration).
The Administration is in charge of the following matters:
I. Resolving, amending, abolishing, and explaining regulations and policies for occupational safety and health.
2. Resolving, amending, abolishing, and explaining regulations and policies for labor inspection.
3. Resolving, amending, abolishing, and explaining regulations and policies for the protection of laborers from occupational accidents.
4. Planning, promoting, and managing systems of occupational safety and health.
5. Promoting, executing, and supervising inspections of occupational safety and health, and labor standards.
6. Promoting and managing improvement of labor health, investigation and identification of occupational diseases, as well as prevention of occupational diseases and injuries.
7. Promoting, supervising, and managing the prevention of occupational accidents, compensation and rehabilitation of laborers due to occupational accidents.
8. Other matters related to occupational safety and health, labor inspection, and protection of labor from occupational accidents.
The Administration is headed by the Director-general, with the grade of thirteen(13). The Director-general is assisted by two Deputy Director-general with the grade of twelve(12).
The Administration shall have one Chief Secretary, with the grade of eleven(11).
The Ranks, grades and number of positions of the Administration staff shall be governed by a separate organization table.
The 17 personnel from the former Bureau of Labor Insurance are not included in the limit number of employees of the Central Government Authority.
(The organization chart of Occupational Safety and Health Administration, Ministry of Labor)
Before the Law is implemented, the current staff with public functionary qualifications of the Labor Insurance Bureau will be transferred. Their levels of position and retirement pension will be regulated by the Examination Yuan and Executive Yuan. If the offering and level of position of the transferred staff are lower than the original offering and level of position before the implementation of the Law, the staff can demand compensation for the deficiency, which will be offset when the offering is adjusted. During the time when one receives the deficiency payment, they cannot apply for a living allowance. They can also choose not to receive the deficiency payment and apply for a living allowance according to the regulations.
The above mentioned personnel are not restricted by the regulations of examination, employment, and transferring in the Examination Act of Public Functionaries and the Public Functionaries Appointment Act. However, if the employee is transferred again, (s)he can only be transferred to a position in the original examination institution, the institution (s)he currently serves, or the Administration.
Before the implementation of the Law, the original regulations are still applicable for current employees without public functionary qualification of the Labor Insurance Bureau. They will stay in their position until they resign or retire.
The offering adjustment mentioned above refers to the adjustment of the offerings of soldiers, public functionaries, and teachers in Taiwan, or the adjustment of offerings because of a transfer of position, improvement of yearly performance rating, or promotion.
The date of enforcement of this Law shall be determined by the Executive Yuan.