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

Print Time:2024/11/24 07:37
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Chapter Law Content

Chapter Three Safety and Health Management
Article 31
Occupational safety and health management plan specified in Article 23 Paragraph 1 of the Act includes the following matters:
1.Identification, assessment, and control of work environment or task hazards;
2.Management of machinery, equipment, or tools;
3.Categorizing, labelling, communication, and management of hazardous chemicals;
4.Planning and monitoring of sampling method for hazardous job environment;
5.Assessment of the process or construction safety of dangerous job sites;
6.Procurement management, contractor management, and modification management;
7.Operation standards for safety and health;
8.Periodic inspections, target inspections, job checks, and on-site inspection tours;
9.Safety and health educational training;
10.Management of personal protective equipment;
11.Health examination, management, and facilitation;
12.Compiling, sharing, and application of safety and health information;
13.Emergency response and preparedness;
14.Investigation and settlement and statistical analysis of occupational accidents, near misses, events that affect the physical and mental health;
15.Record of safety and health management and measures for performance assessment;
16.Other safety and health management measures.
Article 32
Safety and health organizations specified in Article 23 Paragraph 1 of the Act include the following organizations:
1.Occupational safety and health management entities: Organization within the business entity that formulates, plans, promotes, and monitors occupational safety and health related affairs;
2.Occupational safety and health committee: Organization with the business entity that deliberates, coordinates, and advocates occupational safety and health related affairs.
Article 33
Safety and health personnel referred to in Article 23 Paragraph 1 of the Act mean personnel within the business entity that formulate, plan, promote, and monitor occupational safety and health management work, including the following personnel:
1.Occupational safety and health affair managers;
2.Occupational safety management specialist ;
3.Occupational health management specialist ;
4.Occupational safety and health management personnel.
Article 34
Safety and health management specified in Article 23 Paragraph 1 of the Act is to be managed generally by the employer or by the employer's representative who has management authority over the business, and is to be implemented by personnel under the direction and supervision of each level of supervisor within the business entity.
Article 35
Occupational safety and health management system referred to in Article 23 Paragraph 2 of the Act means the systematic management that business entity establishes based on its scale and characteristics, including plans, implementations, assessments and improvement measures.
Article 36
Prior notification referred to in Article 26 Paragraph 1 of the Act shall be in written form, or a negotiation meeting shall be convened and a record of the meeting shall be made.
Article 37
Working together referred to in Article 27 of the Act means laborers hired by business entities, contractors, and subcontractors work during the time period and at the same job site.
Article 38
Consultative organization stipulated in Article 27 Paragraph 1 Subparagraph 1 of the Act shall be convened by the original business entity, and consult regularly or irregularly on the following matters:
1. The implementation and cooperation of safety and health management;
2. Regulations on labor job safety and health, and health management;
3. Control of dangerous jobs such as hot work, work aloft , excavation, demolition, high-voltage power hotlines;
4. Entry procedures of confined spaces and job sites manufacturing or handling dangerous materials and harmful substances;
5. Control of machines, equipment and tools entering the job site;
6. Control of job personnel entering the job site;
7. Management of change;
8. Standardize operation signal for potentially dangerous machinery, labeling at job sites, storage of empty containers for hazardous substances, alarms, emergency withdrawal methods and trainings;
9. When using pile driver, pile extractor, motor-driven machinery, motor-driven tools, track setups, acetylene welding setups, oxygen-acetylene welding setups, electric arc welding setups, ventilation setups and caissons, passage setups, elevation pathways, scaffolds, work mounts for machinery, equipment, or construction, safety measures for usage shall be coordinated;
10. Other matters deemed necessary for coordination.
Article 39
Work that is potentially hazardous to maternal health referred to in Article 31 Paragraph 1 of the Act means involving in the following works that might affect the growth of the fetus, the health of the mother and infant for the duration of pregnancy or breastfeeding:
1.Work that exposes to the CNS 15030 classification chemicals class 1 germ cell mutagenicity, class 1 toxic for reproduction, or other chemicals that might have adverse effect on breastfeeding function;
2.Individual work type of the laborer that easily results in health hazard during pregnancy of breastfeeding after birth, including work posture, manually lifting, transporting, pushing or pulling heavy objects, work shifts, and heavy workload that can cause harmful effect to health;
3.Other works specified and announced by the central competent authority.
Article 40
Employers disseminating the content of this Act and related safety and health regulations in accordance with Article 33 of the Act may do so in the format of education, announcements, distributing printed materials, collective reports, emails, Internet, or other method sufficient to inform the laborers.
Article 41
The content to the safety and health work rules specified in Article 34 Paragraph 1 of the Act shall be formulated according to the following matters:
1.Safety and health management of the business and the authority of each level of administration;
2.Maintenance and inspection of machinery, equipment, or tools;
3.Standards for work safety and health;
4.Education and training;
5.Health guidance and management measures;
6.First aid and rescue;
7.Preparation, maintain, and usage of protective equipment;
8.Notification and report of accidents;
9.Other matters related to safety and health.
Article 42
Safety and health work rules of the preceding Article may be formulated according to the actual needs of the business entity to be completely or partially applicable to the business, and may formulate separately according to the nature of the work and size, and report to the labor inspection agency for future reference.
When the safety and health work rules formulated by the business entity is applicable to two or more labor inspection agency's jurisdictions, such rules shall be reported to the labor inspection agency designated by the central competent authority for future reference.
Article 43
Labor representatives specified in Article 34 Paragraph 1 and Article 37 Paragraph 1 are to be assigned by the labor union shall the business entity has a labor union; those without a labor union but have a labor-management meeting shall be elected by the labor representatives; Those without a labor union and labor-management meeting shall be elected jointly by the laborers.
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