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Laws & Regulations Database of The Republic of China (Taiwan)

Print Time:2024/11/22 14:29
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Chapter Law Content

Chapter 2 Matters Required for Education and Trainings
Article 3
The employer shall require workers, before serving as 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 employers or their representatives who serve as supervisors 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 28, and have completion certificates for the occupational safety and health supervisor education and training.
Article 4
The employer shall require workers, before serving as 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 conditions apply to employers or their representatives who serve as 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.
Self-employed persons serving as operators in charge of dangerous machinery operations described in any one of the Subparagraphs of Paragraph 1 shall receive the safety and health education and trainings specified for those categories as described in Paragraph 1 before accepting such positions.
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 equipment 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 equipment operators.
Self-employed persons serving as operators in charge of dangerous equipment operations described in any one of the Subparagraphs of Paragraph 1 shall receive the safety and health education and trainings specified for those categories as described in Paragraph 1 before accepting such positions.
Courses and hours of education and trainings in Paragraph 1 of this Article are subject to regulations provided in Annex 11.
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. Operator of aerial work platform.
7. Operators using cranes for slinging operations.
8. Personnel in charge of metal sealing, cutting or heating with acetylene sealing devices or gas bundle devices.
9. Personnel of gunpowder blasting operations.
10. Lumberjacks for trees with diameter over 70 cm at breast height.
11. Operators for wood mechanical skidding and transportation.
12. Personnel of high-pressure chamber operations.
13. Personnel in charge of diving operations.
14. Personnel in charge of oil tanker cleanup.
15. Other Personnel assigned by the competent authority of the central government.
Self-employed persons serving as operators or workers described in any one of the Subparagraphs of preceding paragraph shall receive the safety and health education and trainings specified for those categories as described in the preceding paragraph before accepting such positions.
Personnel who meets condition set forth in Subparagraph 9 of Paragraph 1 and who attended and qualified the professional training specified for staff in gunpowder blasting operations with the presentation of a completion certificate may be accepted.
Courses and hours of the education and trainings described in Paragraph 1 are subject to regulations provided in Annex 12.
Article 15
The employer shall require nursing personnel providing labor health services and labor health service related personnel to receive safety and health education and training for labor health services.
Courses, hours and lecturer qualifications of the aforesaid education and trainings are subject to regulations specified in Labor Health Protection Rules.
Article 16
The employer shall require first aid personnel in workplace to receive safety and health education and trainings specified for first aid personnel. However, medical personnel and ambulance technicians as prescribed by the Emergency Medical Care Law may be excluded from such education and training requirements.
Courses and hours of the aforesaid education and trainings are subject to regulations provided in Annex 13.
Article 17
The employer shall require the new recruit or employees in active service who is to change his work, to receive necessary safety and health education and trainings specified for his work, except for situation where the work environment or nature of work is equivalent to that prior to the change.
Workers with no fixed employers or those being directed or supervised by the person in charge of the work environment must have received 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, designated by the competent authority of the central government, may be approved for hours of general safety and health education and trainings. However, for labor e-learning via internet courses of the occupational safety and health education and trainings, 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 18
The employer shall require workers in charge of following operations to receive safety and health on-the-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 nursing personnel and labor health service related personnel.
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 and 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 performing following operations:
(1) Construction works.
(2) Machinery vehicles operations for construction.
(3) Crane hoisting and riding equipment operations.
(4) Hypoxia operation.
(5) Confined space operation.
(6) Oxyacetylene welding device operations.
(7) Manufacturing, processing or using hazardous chemical substance operations.
13. General workers other than aforesaid operations.
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-the-job safety and health education and training required by subparagraphs 12 or 13 from the preceding paragraph.
Article 19
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-the-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.
Courses and instructor qualifications of the aforesaid education and trainings described in Subparagraph 3 of the preceding Paragraph are subject to regulations specified in Labor Health Protection Rules.
The hours of labor e-learning via internet courses of the safety and health on-the-job education and trainings, designated by the competent authority of the central government, may be approved for the hours specified in Paragraph 1.
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