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Chapter Law Content

Chapter Two Safety and Health Facilities
Article 9
(Deleted).
Article 10
(Deleted).
Article 11
The precautions to prevent wrongful physical or mental harm caused by the behaviors of others during the execution of job duties specified in Article 6 Paragraph 2 Subparagraph 3 of the Act mean the necessary precautions that employers shall take to prevent laborers from being subjected to wrongful physical or mental harm caused by the behaviors of others at the place of duty.
The wrongful harm specified in the preceding paragraph shall be investigated or determined by the competent authorities at any level or by the judicial authorities in compliance with regulations.
Article 12
Machinery, equipment or tools specified by the central competent authority referred to in Article 7 Paragraph 1 of the Act are:
1.Power punching-shearing machinery;
2.Hand-push planer;
3.Circular saw for woodworking;
4.Power fork lift truck;
5.Grinder;
6.Lapping wheel;
7.Explosion-proof electrical apparatus;
8.Photoelectric safety device for power punching-shearing machinery;
9.Blade guard for hand-push planer;
10.Kickback prevention device for woodworking circular saw;
11.Other items published by the central competent authority.
Article 13
Type certification referred to in Articles 7 to 9 of the Act means the process of certifying that a particular machinery, equipment or tool has passed safety standard inspection by a certification agency.
Article 14
Hazardous chemicals referred to in Article 10 Paragraph 1 of the Act mean the following dangerous substances or harmful substances:
1.Dangerous substances: Substances with physical hazards that satisfy CNS15030 classification;
2.Harmful substances: Substances with health hazards that satisfy CNS15030 classification.
Article 15
Hazardous chemical inventories referred to in Article 10 Paragraph 1 of the Act mean the inventories or lists that record the names of the chemicals, basic information of manufacturers or suppliers, usage and the quantity in storage.
Article 16
Dangerous and harmful chemical safety data sheets referred to in Article 10 Paragraph 1 of the Act mean data sheets recording the names of the chemicals, basic information of manufacturers or suppliers, characteristics of the hazard, emergency procedures, and hazard preventive measures.
Article 17
Job site monitoring referred to in Article 12 Paragraph 3 of the Act means the plans, samplings, measurements, analyses, and assessments that are adopted so as to understand the actual operation conditions and assess the exposure of laborers.
The job site monitoring plan that shall be formulated and the job sites of implementation stipulated in Article 12 Paragraph 3 of the Act include:
1.Indoor job sites where central air conditioning is available;
2.Job sites that are inside tunnels;
3.Job sites emitting extreme noise;
4.The following job sites designated by the central competent authority:
(1)Job sites with high temperature;
(2)Job sites extremely exuding dust;
(3)Job sites carrying out the lead work;
(4)Job sites carrying out the tetra-alkyl lead work;
(5)Job sites manufacturing or handling organic solvents;
(6)Job sites manufacturing or handling the specified chemical substances;
5.Other job sites designated and announced by the central competent authority.
Article 18
The chemical substance safety assessment report examined by the central competent authority in accordance with Article 13 Paragraph 2 of the Act may be made public of the following information:
1.The code of the new chemical substance;
2.Classification of hazards and labels;
3.Information on the physical and chemical characteristics;
4.Information on toxicology;
5.Information on safe use;
6.Information that is necessary to disclose to specific members in response to emergency measures or to maintain the safety of workers.
The scope of information of the preceding subparagraph 6 includes:
1.Name of the new chemical substance and information for basic identification;
2.The quantity of the manufactured or imported new chemical substance;
3.The compound of the new chemical substance in mixture;
4.Information on the manufacturing, usage, and exposure of the new chemical substance.
Article 19
Controlled chemicals referred to in Article 14 Paragraph 1 of the Act are:
1.Priority management chemicals stipulated in Article 20 that are evaluated by the central competent authority to be of high exposure risks;
2.Other chemicals designated and announced by the central competent authority.
Article 20
Priority management chemicals referred to in Article 14 Paragraph 2 of the Act are:
1.Hazardous chemicals that are listed in Article 29 Paragraph 1 subparagraph 3 and Article 30 Paragraph 1 subparagraph 5;
2.According to the CNS 15030 classification, chemicals that are class 1 carcinogens, class 1 germ cell mutagenicity or class 1 toxic for reproduction;
3.According to the CNS 15030 classification, chemicals with physical stress or health stress that meet the operation capacity stipulated by the central competent authority;
4.Other chemicals designated and announced by the central competent authority.
Article 21
Petrochemical industry engaging in petroleum cracking referred to in Article 15 Paragraph 1 subparagraph 1 of the Act means as specified in Article 26 Paragraph 1 subparagraph 1 of the Labor Inspection Act, industry that manufactures petrochemical raw materials from cracking process of petroleum products.
Workplaces engaging in the manufacturing, storage, or usage of hazardous chemicals in excess of the quantity stipulated by the central competent authority mean as specified in Article 26 Paragraph 1 subparagraph 5 of the Labor Inspection Act, the quantity of dangerous or harmful substances that are manufactured, processed and used is at the threshold level as specified by the central competent authority.
Article 22
Machinery specified as potentially dangerous referred to in Article 16 Paragraph 1 of the Act means the following machinery that has a specific volume exceeding the threshold specified by the central competent authority:
1.Fixed cranes;
2.Mobile cranes;
3.Derrick cranes;
4.Elevators for construction use;
5.Lifts for construction use;
6.Cradles;
7.Other potentially dangerous machinery specified and announced by the central competent authority.
Article 23
Equipment specified as potentially dangerous referred to in Article 16 Paragraph 1 of the Act means the following equipment that has a specific volume exceeding the threshold specified by the central competent authority:
1.Boilers;
2.Pressure vessels;
3.Specified high-pressure equipment;
4.High-pressure vessels;
5.Other potentially dangerous equipment specified and announced by the central competent authority.
Article 24
Inspection stipulated in Article 16 Paragraph 1 of the Act shall be governed separately by the central competent authority according to the types and characteristics of machinery and equipment in the following categories:
1.Welding inspection;
2.Structural inspection;
3.Completed project inspection;
4.Regular scheduled inspection;
5.Re-inspection;
6.Type inspection;
7. Usage inspection;
8. Modification inspection.
Article 25
Concern of a potential imminent danger referred to in Article 18 Paragraphs 1 and 2 of the Act means laborers are in one of the following situations where emergency management or immediate withdrawal must be adopted:
1.Major leakage of hazardous chemicals of equipment where there is a concern of potential danger of explosion, fire, or poisoning;
2.Engaging in river engineering, riverbank, sea embankment, or cofferdam works where there is a concern of potential danger due to strong wind, heavy rain, or earthquake;
3.Engaging in tunnel construction engineering or trenching, caisson, displacer, and pit shaft exaction works where there is a concern of potential danger due to rock fall, cave in, piping, or boiling,;
4.Stagnation of vapors from flammable liquid or flammable gas at the job site that is 30% above the lower limit of explosion where there is a concern of potential danger of explosion or fire;
5.Inside storage tank or indoor job site with inadequate ventilation where there is a concern of potential danger of poisoning or suffocation;
6.Carrying out work at the place of oxygen deficient danger where there is a concern of potential danger of anoxia;
7.Engaging in work more than two meters above ground without fall-proof equipment and without personal safeguard device for laborers where there is a concern of potential danger of falling;
8.Engaging in work on the road or adjacent to the road without adopting any traffic control measures and without safety protection facility where there is a concern of potential danger;
9.Other conditions specified and announced by the central competent authority to be of concern of potential danger.
Article 26
Other unfavorable treatment referred to in Article 18 Paragraph 3 and Article 39 Paragraph 4 of the Act means the direct or indirect measures that damage the rights laborers are bestowed according to laws, contracts, or usual practices.
Article 27
Physical examination referred to in Article 20 Paragraph 1 of the Act means physical examination given to laborers at the time of employment to determine their work suitability and to take into account whether they have any illnesses that are not suitable for their work.
Health examination for currently employed laborers referred to in Article 20 Paragraph 1 of the Act includes the followings:
1.General health examination: Means health examination that is implemented to currently employed laborers based on their age by the employer on a regular basis or when there is a change of work for the purpose of discovering any abnormality in health so that health management measures such as proper health guidance and proper work assignment can be provided;
2.Special health examination: Means health examination that is implemented to laborers involved in tasks with special health hazards based on the hazard of their work on a regular basis or when there is a change of work for the purpose of discovering any abnormality in health so that health management measures such as proper health guidance, proper work assignment, and risk ranking management can be provided;
3.Health examinations of specific items for specific target workers: Means for laborers with high-risk of occupational illness or for the investigation need of suspected occupational illness and local epidemiology, temporary examination of specific items that is specified and announced by the central competent authority, requesting the employer to implement on specific target laborers.
Article 28
Tasks with special health hazards referred to in Article 20 Paragraph 1 subparagraph 2 of the Act mean the following tasks:
1.Tasks involving high temperature;
2.Tasks involving noise;
3.Tasks involving ionizing radiation;
4.Tasks involving abnormal air pressure;
5.Tasks involving lead;
6.Tasks involving tetra-alkyl lead;
7.Tasks involving dusts;
8.Tasks involving organic solvent that is specified by the central competent authority;
9.Tasks involving the manufacturing, disposition, or usage of specific chemical substances that are specified by the central competent authority;
10.Tasks involving the manufacturing, disposition, or usage of yellow phosphorous;
11.Tasks involving the manufacturing of bipyridine or paraquat;
12.Other tasks specified and announced by the central competent authority.
Article 29
Laborers are obligated to accept the examinations referred to in Article 20 Paragraph 6 of the Act means laborers shall accept the physical and health examinations arranged by the employers at medical institutions that are in compliance with the regulations of the Act.
Laborers accepting examinations of comparable types and items at medical institutions that are in compliance with regulations, and submit such medical reports to the employer are considered having accepted the examination stipulated in Article 20 Paragraph 1 of the Act.
Article 30
For business entities employing or contracting medical personnel in accordance with Article 22 of the Act, the employer shall have such enterprises save and manage the laborers' physical and health examinations, health guidance, health management measures, and health services data.
When saving and managing the laborers' personal medical record, the employer and medical personnel shall abide by related regulations of the Act and Personal Information Protection Act.