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Title: Occupational Safety and Health Education and Training Rules CH
Amended Date: 2016-09-22
Category: Ministry of Labor(勞動部)
Attachment:
Chapter 1 General Regulations
Article 1
The Rules are prescribed according to Article 32-2 of the Occupational Safety and Health Act (Hereinafter referred to as the Act).
Article 2
The safety and health education and trainings set forth in the Rules are categorized as follows:
1. Safety and health education and trainings specified for supervisors in charge of occupational safety and health.
2. Safety and health education and trainings specified for the management personnel in charge of occupational safety and health.
3. Safety and health education and trainings specified for the workplace monitoring personnel.
4. Safety and health education and trainings specified for the construction safety assessor and process safety assessor.
5. Safety and health education and trainings specified for supervisors in charge of high-pressure gas operations, construction works and harmful operations.
6. Safety and health education and trainings specified for operators of dangerous machinery and equipment.
7. Safety and health education and trainings specified for specified operation personnel.
8. Safety and health education and trainings specified for occupational health service nurse.
9. Safety and health education and trainings specified for first aid personnel.
10. General safety and health education and trainings
11. On-job safety and health education and trainings for the 10 preceding subparagraphs.
12. Safety and health education and trainings specified for other personnel designated by the competent authority of central government.
Chapter 2 Matters Required for Education and Trainings
Article 3
The employer shall require workers, before serving as category A, B and C supervisors of occupational safety and health affairs, to receive occupational safety and health education and trainings specified for the said field. The same conditions apply to the owners of business operations or their representatives who serve as category C supervisor of occupational safety and health affairs.
Courses and hours of the aforesaid education and trainings are subject to regulations provided in Annex 1.
Personnel stated in Paragraph 1 of this Article with the following qualifications are exempted from safety and health education and trainings stated in Paragraph 1 of this Article:
1. Those who are qualified as occupational safety management specialist, occupational health management specialist, and occupational safety and health management staff.
2. Those who are accredited with trainings and have completion certifications in the fields of occupational safety management specialist, occupational health management specialist, and occupational safety and health management staff.
3. Those who have completed the trainings in the fields of occupational safety management specialist, occupational health management specialist, and occupational safety and health management staff, have passed the examinations as prescribed in Paragraph 3 of Article 24, and have completion certificates for the occupational safety and health supervisor education and training.
Article 4
The employer shall require workers, before serving as category A, B and C supervisors of occupational safety and health affairs in construction industry, to receive occupational safety and health education and trainings specified for the said field. The same condition apply to owners of business operations or their representatives who serve as category C supervisors of occupational safety and health affairs in the construction industry.
Courses and hours of the aforesaid education and trainings are subject to regulations provided in Annex 2.
Personnel stated in Paragraph 1 of this Article, who has qualification as one of following positions and have 1 year or more of experiences in construction works by January 8, 2009, is exempted from safety and health education and trainings stated in Paragraph 1 of this Article:
1. Labor safety management specialist.
2. Labor health management specialist.
3. Labor safety and health management staff.
4. Certificates of completion were awarded after passing accreditation of trainings specified for Labor safety management specialist, Labor health management specialist, and Labor safety and health management staff.
Article 5
For workers serving as occupational safety and health management staff for the positions listed below, the employer shall require workers, before serving as following management personnel of occupational safety and health, to receive safety and health education and trainings specified for the said field. Such management personnel must pass trainings, receive certificate of completion, and pass skill examinations.
1. Occupational safety management specialist.
2. Occupational health management specialist.
3. Occupational safety and health management staff.
Courses and hours of the aforesaid education and trainings are subject to regulations provided in Annex 3.
Article 6
For workers serving as workplace monitoring personnel for the positions listed below, the employer shall require workers, before serving as following workplace monitoring personnel, to receive safety and health education and trainings specified for the said field. Such workplace monitoring personnel must pass trainings, receive certificate of completion, and pass skill examinations.
1. Level A workplace chemical-factor monitoring personnel.
2. Level A workplace physical-factor monitoring personnel.
3. Level B workplace chemical-factor monitoring personnel.
4. Level B workplace physical-factor monitoring personnel.
Courses and hours of the aforesaid education and trainings are subject to regulations provided in Annex 4.
Article 7
The employer shall require workers, who will be in charge of construction safety assessment, to receive safety and health education and trainings specified for the said field.
Courses and hours of the aforesaid education and trainings are subject to regulations provided in Annex 5.
Article 8
The employer shall require workers, who will be in charge of process safety assessment, to receive safety and health education and trainings specified for the said field.
Courses and hours of the aforesaid education and trainings are subject to regulations provided in Annex 6.
Article 9
The employer shall require workers, before serving as supervisors in charge of high-pressure gas operations, to receive following safety and health education and trainings:
1. Safety supervisor of high-pressure gas production.
2. Safety operation supervisor of high-pressure gas production.
3. Operation supervisor of high-pressure gas supply and consumption.
Courses and hours of the aforesaid education and trainings are subject to regulations provided in Annex 7.
Article 10
The employer shall require workers, before serving as supervisors in charge of construction works, to receive following safety and health education and trainings:
1. Supervisor in charge of trench bracing works.
2. Supervisor in charge of open-air excavation works.
3. Supervisor in charge of template bracing works.
4. Supervisor in charge of tunnels excavation works.
5. Supervisor in charge of tunnels lining works.
6. Supervisor in charge of scaffolds assembly works.
7. Supervisor in charge of skeleton steel erecting works.
8. Supervisor in charge of roofing operations.
9. Other personnel assigned by the competent authority of the central government.
Courses and hours of the aforesaid education and trainings are subject to regulations provided in Annex 8.
Article 11
The employer shall require workers, before serving as supervisors in charge of harmful operations, to receive following safety and health education and trainings.
1. Supervisor in charge of organic solvent operations.
2. Supervisor in charge of lead operations.
3. Supervisor in charge of tetra-alkyl lead operations.
4. Supervisor in charge of hypoxia operations.
5. Supervisor in charge of specified chemical substance operations.
6. Supervisor in charge of dusty operations.
7. Supervisor in charge of high-pressure chamber operations.
8. Supervisor in charge of diving operations.
9. Other personnel assigned by the competent authority of the central government.
Courses and hours of the aforesaid education and trainings are subject to regulations provided in Annex 9.
Article 12
The employer shall require workers, who will be in charge of following dangerous machinery operations, to receive safety and health education and trainings specified for the said field:
1. Operator in charge of hoisting fixed cranes with hoisting capacity of 3 tons or more or stacking crane with hoisting capacity of 1 ton or more.
2. Operator in charge of hoisting mobile crane with hoisting capacity of 3 tons or more.
3. Operator in charge of hoisting derricks cranes with hoisting capacity of 3 tons or more.
4. Operator of lifts for construction work in which the height of lead rail or elevating route is longer than 20m.
5. Operator of gondolas.
6. Other personnel assigned by the competent authority of the central government.
The aforesaid personnel means one who is qualified by trainings or capacity accreditation specified for dangerous machine operators.
Courses and hours of the aforesaid education and trainings are subject to regulations provided in Annex 10.
Article 13
The employer shall require workers, who will be in charge of following dangerous machinery operations, to receive safety and health education and trainings specified for the said field:
1. Operator of boilers.
2. Operator of Category A pressure vessels.
3. Operator of specified high-pressure gas equipment.
4. Operator of high-pressure gas vessels.
5. Other Personnel assigned by the competent authority of the central government.
The aforesaid personnel means one who is qualified by trainings or capability accreditation specified for dangerous machinery operators.
Courses and hours of education and trainings in Paragraph 1 of this Article are subject to regulations provided in Annex 11.
Article 13-1
Self-employed persons serving as operators of dangerous machinery or equipment from the two preceding articles shall receive the occupational safety and health education and training for those categories before accepting such positions.
Article 14
The employer shall require workers, who will be in charge of following operations, to receive safety and health education and trainings specified for special operations:
1. Operator of small boilers.
2. Operator of forklift with capacity of 1 ton or more.
3. Operator of fixed cranes with 0.5 ~ 3 tons or stacking cranes less than 1 ton.
4. Operator of mobile cranes with 0.5 ~ 3 tons.
5. Operator of derricks cranes with 0.5 ~ 3 tons.
6. Operators using cranes for slinging operations.
7. Personnel in charge of metal sealing, cutting or heating with acetylene sealing devices or gas bundle devices.
8. Personnel of gunpowder blasting operations.
9. Lumberjacks for trees with diameter over 70 cm at breast height.
10. Operators for wood mechanical skidding and transportation.
11. Personnel of high-pressure chamber operations.
12. Personnel in charge of diving operations.
13. Personnel in charge of oil tanker cleanup.
14. Other Personnel assigned by the competent authority of the central government.
Courses and hours of the aforesaid education and trainings are subject to regulations provided in Annex 12.
Personnel who meets condition set forth in Item 8 of Paragraph 1 and who attended and passed professional trainings specified for staff in gunpowder blasting operations with a completion certificate will be accepted.
Article 14-1
The employer shall require that nursing personnel of labor health services to receive safety and health education and training specific for the said field:
Courses and hours of the aforementioned education and training are subject to the regulations provided in Annex 12-1.
Article 15
Except for nursery personnel, the employer shall require first aid personnel in workplace to receive safety and health education and trainings specified for emergency operations. However, exceptions apply to medical personnel and ambulance technicians as prescribed by the Emergency Medical Care Law.
Courses and hours of the aforesaid education and trainings are subject to regulations provided in Annex 13.
Article 16
The employer shall require the new recruit or employee in active service who is to change his post, to receive necessary safety and health education and trainings specified for his own work, except for the cases where the work environment or nature of work are equivalent to those prior to the change.
The employer shall require workers with irregular employment or owners to receive the aforesaid safety and health education and trainings.
Courses and hours of education and trainings of the aforesaid two Paragraphs are subject to regulations provided in Annex 14.
The hours of labor e-learning via internet courses of the occupational safety and health education and trainings, complied or accredited by the competent authority of the central government, may be offset for at most 2 hours of general safety and health education and trainings.
Article 17
The Employer shall require workers in charge of following operations to receive safety and health on-job education and trainings in accordance with the nature of his job:
1. Supervisor in charge of occupational safety and health affairs.
2. Management personnel in charge of occupational safety and health.
3. Labor health service nurse.
4. Labor workplace monitoring personnel.
5. Construction safety assessor and process safety assessor.
6. Supervisors in charge of high-pressure gas operations, construction works and harmful operations.
7. Operators of dangerous machinery or equipment.
8. Specified operation operators.
9. First aid personnel.
10. Supervisors of all levels of management, command and supervision.
11. Members of the occupational safety and health committee.
12. Personnel of construction works, machinery vehicles operations for construction, vehicles operations at height, hypoxia operations, working and manufacturing in confined space, dangerous or harmful substance operation.
13. General workers other than aforesaid operations.
Workers with irregular employment or self-employer shall receive safety and health on-job education and trainings set forth in Items 12 and 13 of the aforesaid Paragraph.
14. Other persons designated by the central competent authority.
Workers with no fixed employers or those being directed or supervised by the person in charge of the work environment must have received the general on-job safety and health education and training required by subparagraphs 12 and 13 from the preceding paragraph.
Article 17-1
For workers who do the type of work in the first paragraph of the preceding Article, their employers must require the workers to receive hours of on-job safety and health education and training listed below:
1. For workers governed by subparagraph 1, at least 6 hours every two years.
2. For workers governed by subparagraph 2, at least 12 hours every two years.
3. For workers governed by subparagraph 3, at least 12 hours every three years.
4. For workers governed by subparagraphs 4 to 6, at least 6 hours every three years.
5. For workers governed by subparagraphs 7 to 13, at least 3 hours every three years.
Chapter III Application of Education & Trainings
Article 18
Safety and health education and trainings shall be undertaken by following units (hereinafter as “training unit”):
1. Labor competence authority, health competence authority, labor safety and health research institute, labor inspection office or business competent authority.
2. Vocational training institute established by Non-profit organization (NPO) in accordance with the law, and the NPO is with sound records in promoting safety and health, meets with its charters of operation, and approved by the competent authority of the central government.
3. Employer Association approved by law.
4. Labor Union approved by law.
5. Hospital approved by new accreditation system of the health competent authority of the central government, or university and college with medical and nursery departments.
6. Non-profit first-aid training unit approved by the competent authority of the central government.
7. University and college with safety and health departments or departments specified for relevant trainings.
8. Enterprise.
9. Others approved by the competent authority of the central government.
Employer associations and labor unions of subparagraphs 3 and 4 of the preceding paragraph and enterprises of Subparagraph 8 intending to conduct education and training as stipulated in Articles 3 to 14, Article 15, and Article 17 must first establish vocational training institutions in accordance with the law prior recruiting for training. However, this requirement is exempt if any one of the following conditions applies:
1. Non-recurring safety and health education and trainings conducted by employer associations or labor unions for its members or workers.
2. Non-recurring safety and health education and trainings conducted by business units for its workers or workers employed by its contractors.
Authorities and institutions affiliated with the central competent authority that conduct education and trainings in accordance with Articles 5 to 15 and Article 17 shall apply to central competent authority for future reference and to conduct them in accordance with the provisions of Article 20, Article 21, Article 22, Article 25, and Paragraph 1 of Article 26.
Article 18-1
Training units established in accordance with the law as vocational training institutions shall refer to the relevant guidance promulgated by the central competent authority when conducting education and trainings stipulated in Article 5 and Subparagraph 2 of Paragraph 1 of Article 17 in order to establish a self-management system of safety and health education and trainings. In addition, the system shall be submitted to the central competent authority for approval.
The approval of training units of the preceding paragraph and Subparagraph 2 of Paragraph 1 of the preceding article may be entrusted by the central competent authority to academic institutions or related groups.
Article 19
The training unit stated in Article 18, Paragraph 1, Item 5 is limited to conducting safety and health education and trainings specified for labor health service nurses and first-aid personnel. The training unit stated in Item 6 is limited to conducting safety and health education and trainings specified for first-aid personnel.
The training unit stated in Article 18, Paragraph 1, Items 2~4 and Items 7~9 shall conduct first-aid trainings with hospital approved by new accreditation system of the health and welfare competent authority of the central government, or university and college with medical and nursery departments.
The training unit stated in Article 18, Paragraph 1, Items 2~4 and Items 6~9 except for medical and nursery professional groups, shall conduct trainings specified for labor health service nurses with hospital approved by new accreditation system of the health and welfare competent authority of the central government, or university and college with medical and nursery departments.
Article 20
Prior to commencement of education and trainings set forth in Articles 3~15, the training unit shall fill in the Application Form for the Site of Education and Trainings (Form 1) and submit following documents to local competence authorities for approval, and likewise when there are changes.
1. Qualification documents in accordance with regulations set forth in Article 18, Paragraphs 1, Items 2, 6 and 9 and in Article 18, Paragraphs 2.
2. Preparation of safety and health measurement instruments and personal protective equipment (Forms 2 and 3).
3. Site, machinery and equipment for skills practicum (Form 4).
4. Facilities of education & training site (Form 5)
5. Documents in accordance with the Installation Standards of Fire Safety Equipment by Site Categories.
6. Certificate of building used as educational premises approved by Construction Competence Authority.
The safety and health measurement instruments and personal protective equipment prepared set forth in the aforesaid Subparagraph 2 shall be limited for training premises application; these machinery and equipment for practicum may not be used for other purposes during practicum or practical implementation.
The machinery and equipment for practicum as stated in Paragraph 1, Subparagraph 3 may not be used for other purposes during practicum or practical implementation. For conducting education and trainings publicly announced by the competent authority of the central government, the site, machinery and equipment for practicum which are set forth in Paragraph 1, Item 3 shall pass the accreditation required of premises, machinery and equipments for Technician Skills Examination.
Paragraph 1, Item 6 is not applicable if any one of following conditions exists:
1. Safety and health education and trainings conducted by government, labor safety and health research institute, and relevant departments of university or college.
2. Safety and health education and trainings specified for first-aid personnel conducted by the hospital approved by new accreditation system of the health and welfare competent authority of the central government.
3. Safety and health education and trainings specified for employees of enterprise or its contractors’ employees.
4. Safety and health education and trainings specified for members and employees required by non-profit organization, employers association and labor union to conduct in the premises or those in governmental facilities.
5. Other types of safety and health education and trainings for special needs approved by local competence authority.
Article 20-1
The approved training unit set forth in the aforesaid article shall only conduct safety and health education and trainings in approved area of the local competent authority. However, the exception is for the training unit which has been accredited as Category Excellent or above by the competent authority of the central government and approved for special needs by local competent authority, in accordance with regulations set forth in Article 37.
Article 21
Training units shall submit following documents at least 15 days before conducting education and trainings, set forth in Articles 3~15, to local competent authorities for future reference.
1. Application Form of Educations and Training Plan (Form 6)
2. Education and Trainings Curriculum (Form 7)
3. Lecturer Profiles (Form 8)
4. Trainee Register (Form 9)
5. List of in-charge dedicated service persons
Daily hours for class courses and operation practicum of the aforesaid trainings shall not exceed 8 hours. Operation practicum shall be conducted in daytime while class courses may be conducted at night. However, the hours of class at night shall be limited to 3 hours per day and must finish by 10 p.m.
To make any changes to the documents set forth in Paragraph 1, Subparagraphs 2 to 4 of this Article, the documents of the alternations must be submitted by the training unit to the local authority for future reference no later than one day before the commencement of the training.
Article 22
Training unit shall submit documents set forth in Article 21, Paragraph 1, Items 1~4 at least 15 days before the commencement to local competent authorities for future reference when conducting safety and health education and trainings set forth in Article 17, Paragraph 1, Items 1 ~ 9.
The aforesaid regulation does not apply to the labor competent authority or labor inspection office.
The competent authority of the central government may publish the syllabus of safety and health education and trainings as the course basis given by training units.
For any changes to the documents set forth in Paragraph 1, Subparagraphs 2 to 4 of the preceding Article which are attached to Paragraph 1 of this Article, documents of the alternations must be submitted by the training unit to local authority for future reference no later than one day before the commencement of the training
Article 23
Skills or management examinations for a portion or the entire education and trainings set forth in Articles 3 ~ 15 may be issued by the competent authority of the central government as Technician Skills Certification, or be conducted in accordance with Article 24, Paragraph 3.
Training unit shall award trainees who have finished aforesaid education and trainings with Certificate of Completion (Form 10) within 15 days after their accomplishment.
Article 24
Training units shall test those people who finished education and trainings of Articles 3 ~ 15, other than the aforesaid Article. Certificate of Completion shall be award to those who pass the examinations within 15 days after their accomplishment (Form 11).
The words and language to be used for the test of Paragraph 1 shall be in Chinese.
Training units shall entrust testing organizations to conduct such examinations issued by the competent authority of the central government, set forth in the Paragraph 1. Certificate of Completion shall be awarded to those who pass the examinations within 15 days after accomplishment (Form 11).
The competent authority of the central government may entrust subdivisions or professional organizations to certify the testing organization and testing site stated in the aforesaid paragraph.
All expenses incurred in the examinations will be paid from the training fees received by training units.
Article 25
Training unit shall retain following documents of the education and trainings set forth in Articles 3 ~ 15 for at least 3 years.
1. Trainee Sign-in Records (Form 12).
2. Trainee Roll Call Records (Form 13).
3. Score Report of Trainees (Form 14).
4. Issuance Lists of Finished Certificates (Form 15) or Completion Certificates (Form 16) of Trainees.
The issuance list of Finished Certificate or Completion Certificate of Trainings set forth in Item 4 of Paragraph 1 shall be on-lined to the Information Management System of Labor Safety and Health Education and Trainings, established by the competent authority of the central government, within 10 days after the education and trainings are completed.
Article 26
Regarding the documents governed by Article 20, Article 21, Article 22, and the preceding Article, the training unit shall post the content, time limit and method in accordance with the promulgation of the central competent authority.
After the education and trainings set forth in Articles 3 ~ 15 are conducted by training units, all regulated matters required in Article 21, Paragraph 1 and in Article 25, Paragraph 1 shall be made into and retained in digital form or computer compact discs (CDs) within 30 days after education & trainings are completed.
Upon termination of the affairs of labor safety and health education and trainings, training units shall transfer these digital files or CDs set forth in the aforesaid Paragraph to the competent authority of the central government.
Article 27
Employer and training units shall keep documentations specified for the education and trainings set forth in Articles 16 & 17, which include textbook, curriculum, trainee list, sign-in record and content of courses for at least 3 years.
Training units shall make their remarks on the backside of the Completion Certificate (Form 11) or issue Employee Training Records (Form 17) to those who received the education and trainings set forth in Article 17.
Article 28
The Local Competence Authority shall verify the education and trainings conducted by training unit. If necessary, the competent authority of the central government may conduct random inspections.
For purposes of verifying and monitoring the performance in education and trainings conducted by training units, the authorities stated in the aforesaid Paragraph may ask training units to provide information relevant to education & trainings.
Article 29
Training units shall appoint dedicated service staff with qualification of Occupational Safety and Health Management Staff to conduct following items when providing labor safety and health education and trainings:
1. Verify the training qualification of trainees.
2. Verify sign-in records, roll call records and other relevant matters of trainees.
3. Verify attendance of trainees.
4. Treatment of transfer courses or substitute teaching.
5. Always take care of all safety and health installations in training site.
6. Assist trainees in handling and addressing issues relevant to trainings.
7. Other matters deemed necessary by the competence authority of the central government.
For trainees absent for one-fifth or more of the total training hours, the training unit shall give notice of dismissal. For trainees that have applied for leave or have been absent for over three hours, the training unit shall give notice for them to make up for all missed sessions to complete the entire course.
The training unit shall require the dedicated service staff as stipulated in Paragraph 1 to receive classes designated by the central competent authority at least six hours every two years.
Article 30
All fees charged by training units for safety and health education and trainings shall be applied towards the compensation of lectures, lecturers’ trainings, test, certificates, employee’s salary, office expense, rent, expenses necessary for teaching and activities for safety and health.
Article 31
The qualification of lecturers shall meet the requirements of Annex Form 15 when training units conduct education and training as specified in Articles 3 ~ 14、15..
Article 32
Training units shall organize an editorial and review committee of textbook compilation for education and trainings, set forth in Articles 3 ~ 15, in accordance with course names, hours and syllabus issued by the competence authority of the central government. Upon completion, training units shall submit textbooks along with edited and reviewed documents to the competence authority of the central government for future reference.
The same applies when there is any modification.
The aforesaid textbooks for education and trainings which have been assigned or compiled by the competence authority of the central government shall be used as textbook by training units; training units are prohibited to compile their own.
Article 33
The editing and compilation of the aforesaid textbook shall be conducted in accordance with following principles:
1. They must be in line with current labor relevant regulations and copyright regulations.
2. Chinese description facilitated with tables, figures, real practicum or occupational accidents must be used. If original languages are necessary, Chinese words shall be noted for reference.
3. The metric system must be used. If other systems are necessary, metric conversion must be used.
4. The compiling sequence in textbook shall be in regular size from left to right.
5. A List of editorial committee must be provided.
Article 34
Training units with one of following conditions may be warned and notified to make corrections within the time limit specified by the competent authority in accordance with Article 48 of the Act:
1. The dedicated service staff does not conduct required items of Article 29.
2. The dedicated service staff does not have occupational safety and health management staff qualification.
3. The dedicated service staff has not participated in the designated class by the central competent authority or lacks the required hours in class.
4. The textbook or training methods is in violation of labor laws and the subjects of trainings.
5. The implementation is not in accordance with content of the trainings.
6. Any event in violation of this regulation that is verified and discovered by the competence authority.
7. Other matters in violation with requirements of the competent authority of the central government.
Article 35
Training unit with one of following matters may be fined and notified to correct within term by competence authority in accordance with Article 48 of the Act:
1. The premises, training equipments, safety and health installations do not meet approved conditions.
2. Contents of admission advertisements or flyers are dishonest.
3. The education and trainings were not conducted in the approved premises of application filed.
4. The training plans were not submitted to local competence authority for future reference by the Rules.
5. Data required in Article 21 was not prepared or recorded properly.
6. Training completion examination was not conducted as required by the Rules.
7. Certificate of Finished or Completion was not issued by the Rules.
8. There is failure to comply with the provisions of the promulgation to post designated documents.
9. The issuance lists of finished or completion certificates were not properly verified or published.
10. There is refusal, avoidance or hinder of verification or assessment being conducted by the competence authority.
11. Severely failing to conduct education and trainings by the contents of training plans.
12. Corrections are not made within the time limit prescribed by the competent authority in the preceding article.
Article 36
For training unit having any situation of the 2 preceding Articles, if corrections are not made or where the failing is severe, the competent authority may revoke or abolish its certification or suspend the training unit to conduct a portion of or the entire training affairs for a certain period of time in accordance with Article 48 of the Act.
Relevant personnel of the training unit mentioned in the preceding paragraph suspected of engaging in criminal activities will be transferred to the judicial authority for investigation.
For organization which is not qualified as a training unit but conducts safety and health education and training by falsifying its qualification as an authorized training unit, it will be transferred to the competent authority, issuing the original permit, and be punished by laws. In addition, relevant personnel suspected of engaging in criminal activities will be transferred to the judicial authority for investigation.
Article 37
With regard to the training unit of the vocational training institute governed by Article 18, the central competent authority may, in conjunction with the local competent authority, conduct assessment on the lecturers, teaching materials, teaching, environment, facilities, administration, information management and other necessary matters recognized by the central competent authority of the safety and health education and training.
The assessment results may be published by its category.
If the assessment result indicates that the training unit is in violation of Articles 34 and 35, the competent authority shall issue a warning or fine and order it to take corrective actions within a time limit in accordance with Article 48 of the Act. If corrective actions are not taken within the required time limit or if there is severe violation of the law, certain portion or the entire training business may be suspended on a regular basis.
IV. Supplementary Provisions
Article 38
The courses and hours of labor safety and health education and trainings ruled here, if same as those received within 2 years with proof, may be offset.
Article 39
The Rules are implemented on the day of issuance. However, Article 4, Paragraph 3 of Article 20, Paragraph 3 of Article 22, Articles 23 and 32, which were amended and issued on January 8, 2008, shall take effect after one year of promulgation.
The Rules are implemented on the day of issuance. However, Annex 12 of Article 14, which were amended and issued on January 1, 2012, shall take effect.
The Rules are implemented on the day of issuance. However, Paragraph 3 of Article 3, Article 18-1, which were amended and issued on January 1, 2015, else shall take effect on June 3, 2014.
The provisions of the Rules that are amended and promulgated on September 22, 2016 shall take effect on January 1, 2017.