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Chapter Law Content

Chapter Four Supervision and Inspections
Article 44
The central competent authority or labor inspection agency in their implementation of occupational safety and health supervision and inspection, when necessary, may request the designated inspection agencies or designated inspection personnel to submit related reports, records, bookkeeping records, documents, or explanations.
Article 45
Occupational safety and health consultative committees specified in Article 35 of the Act shall have 9 to 15 committee members, for a term of two years. Said members shall be chosen by the central competent authority from labor organizations, employer organizations, occupational accident labor organizations, representative from related agencies, and safety and health experts and scholars.
Article 46
Labor inspection agencies carrying out safety and health inspections, notifying to make improvements within a limited time period or suspend works in accordance with Article 36 Paragraph I of the Act shall do so in accordance with related regulations in the Labor Inspection Acts.
Article 46-1
The necessary measures such as first aid and emergency rescue that the employers shall immediately take stipulated in Article 37 Paragraph 1 of the Act shall include the following items:
1. Implement emergency response measures, and ensure the safety of the laborers at the workplace;
2. Withdraw immediately the laborers who are exposed to a threat of imminent danger to safe locations.
Article 47
The employers shall notify a labor inspection agency within eight hours stipulated in Article 37 Paragraph 2 of the Act, the referred to employers mean the employer of the laborer suffering from the accident or the employer of the workplace where the laborer suffering from the accident engaged in work and directed or supervised by the responsible people in workplaces. Notify a labor inspection agency within eight hours means the business entity knowingly or may be informed of the occupational accident has happened within eight hours, shall report to the labor inspection agency of its jurisdiction.
For the sake of emergency management or accident rescue, employers who entrust other employers or natural person to notify occupational accidents to the labor inspection agency of its jurisdiction in accordance with regulations is considered having met the requirement for report stipulated in Article 37 Paragraph 1 of the Act.
Article 48
Accidents causing injuries to three people or more referred to in Article 37 Paragraph 2 subparagraph 2 of the Act mean the same accident occurred at the place of duty causing a total of more than three workers to suffer from permanent full disability, permanent partial disability, and temporary full disability.
Accidents causing injuries to one person or more and requiring hospitalization referred to in Article 37 Paragraph 2 subparagraph 3 of the Act mean one or more persons suffering from injury at the place of duty requiring hospitalization after having been diagnosed by a medical institution.
Article 49
Labor inspection agency shall dispatch inspectors in accordance with Article 37 Paragraph 3 of the Act to the business entity's workplaces where accidents causing death or serious injuries occurred, to implement the inspection and investigate the cause of the accident and responsibility. However, other laws that have related inspections, investigations, or identification mechanism on fires, explosions, mining accidents, aviation accidents, sea accidents, earthquake disasters, poisonous chemical substance accidents, radiations, and land traffic accidents, shall not be subject to this restriction.
Serious injuries referred to in the preceding Paragraph mean the injured person suffers from serious damage to their limbs or organs, endangers their lives, or causing severe loss to their bodily functions, and must be hospitalized for more than 24 hours.
Article 50
Employers referred to in Article 37 Paragraph 4 of the Act mean employers of the business entity of the site where accident occurred. Site means related objects and their job sites where the machinery, equipment, tools, raw materials, materials caused the accidents.
Article 51
Industries designated by the central competent authority referred to in Article 38 are the followings:
1.Industries with more than 50 laborers;
2.Industries with less than 50 laborers, that are designated by the central competent authority, and are notified in writing by the labor inspection agency;
Designation in subparagraph 2 of the preceding Paragraph may be commissioned or entrusted to the labor inspection agency by the central competent authority.
The format which employers compile reports and statistics on occupational accidents in accordance with Article 38 shall be determined by the central competent authority.
Article 52
Litigations raised by laborers as a result of the employer violating regulations of the Act causing occupational accidents to occur may request assistance from the central competent authority.
Such assistance of the preceding Paragraph may be entrusted to private organizations by the central competent authority.
Article 53
The municipal and county(city) competent authority and other subject industries competent authority specified in Article 50 Paragraph 2of the Act shall in accordance with laws and regulations, comply with national occupational safety and health policies, actively promote the following occupational safety and health affairs, including:
1. Strategies and plans;
2. Legislations;
3. Implementation;
4. Supervision;
5. Review and analysis;
6.Other activities to promote safety and health.