Taiwan places a high priority on workplace health and safety, with comprehensive regulations designed to protect employees across various industries. Understanding and adhering to these requirements is crucial for any company operating in Taiwan, whether directly or through an Employer of Record (EOR). These regulations aim to create a safe and healthy working environment, prevent accidents, and ensure the well-being of the workforce.
Navigating Taiwan's health and safety landscape can be complex, but compliance is essential to avoid penalties and foster a positive work environment. This guide provides an overview of the key aspects of health and safety requirements in Taiwan, covering the legal framework, standards, inspection processes, accident protocols, and the responsibilities of both employers and employees.
Health and Safety Laws and Regulatory Framework
The primary legislation governing occupational health and safety in Taiwan is the Occupational Safety and Health Act (OSHA). This Act establishes the fundamental principles and requirements for workplace safety and health. It is supplemented by a range of regulations, standards, and guidelines issued by the Ministry of Labor (MOL), which is the main regulatory body responsible for overseeing and enforcing occupational safety and health regulations.
Key regulations under the OSHA include:
- Occupational Safety and Health Management Regulations: These regulations detail the requirements for establishing and implementing occupational safety and health management systems.
- Regulations for the Prevention of Occupational Accidents: These regulations specify measures to prevent various types of workplace accidents, such as falls, electrocution, and machinery-related injuries.
- Regulations on Labor Health Protection: These regulations focus on protecting workers' health through measures such as medical examinations, health risk assessments, and control of hazardous substances.
Occupational Health and Safety Standards and Practices
Taiwan's occupational health and safety standards cover a wide range of workplace hazards and risks. Employers are required to implement measures to control these hazards and protect employees. Some key areas include:
- Hazardous Substances: Regulations specify permissible exposure limits for various hazardous substances and require employers to implement controls such as ventilation, personal protective equipment (PPE), and monitoring.
- Machinery Safety: Standards address the safe design, operation, and maintenance of machinery, including requirements for guarding, interlocks, and emergency stops.
- Electrical Safety: Regulations cover electrical installations, equipment, and work practices to prevent electrical shocks, fires, and explosions.
- Ergonomics: Employers are required to assess and address ergonomic risks in the workplace to prevent musculoskeletal disorders.
- Personal Protective Equipment (PPE): Employers must provide appropriate PPE to employees and ensure its proper use.
Workplace Inspection Processes and Requirements
The MOL conducts workplace inspections to ensure compliance with occupational health and safety regulations. Inspections may be routine or triggered by complaints or accidents.
During an inspection, inspectors may:
- Review safety and health management plans and records.
- Inspect workplace conditions and equipment.
- Interview employees.
- Take samples of air or materials for analysis.
Employers are required to cooperate with inspectors and provide them with access to the workplace and relevant information. If violations are found, the MOL may issue warnings, require corrective actions, or impose penalties.
Workplace Accident Protocols and Reporting
In the event of a workplace accident, employers are required to take immediate action to:
- Provide first aid and medical care to injured employees.
- Secure the accident scene to prevent further injuries.
- Investigate the cause of the accident.
- Report the accident to the MOL within a specified timeframe.
The reporting requirements vary depending on the severity of the accident. Fatal accidents and accidents resulting in serious injuries must be reported immediately. Employers are also required to keep records of all accidents and near misses.
Employer and Employee Responsibilities for Workplace Safety
Both employers and employees have responsibilities for maintaining a safe and healthy workplace.
Employer Responsibilities:
- Provide a safe and healthy workplace.
- Implement and maintain an occupational safety and health management system.
- Conduct risk assessments and implement control measures.
- Provide training to employees on safety and health procedures.
- Provide appropriate PPE.
- Investigate accidents and implement corrective actions.
- Establish a safety and health committee (for organizations meeting certain criteria).
Employee Responsibilities:
- Follow safety and health rules and procedures.
- Use PPE properly.
- Report hazards and accidents to the employer.
- Participate in safety and health training.
- Cooperate with the employer in implementing safety and health measures.
Safety Committees
Employers with 50 or more employees are required to establish a safety and health committee. The committee should include representatives from management and employees and is responsible for:
- Discussing and making recommendations on safety and health policies and procedures.
- Investigating accidents and near misses.
- Promoting safety and health awareness.
- Monitoring the effectiveness of safety and health programs.
Risk Assessments
Employers are required to conduct risk assessments to identify hazards and evaluate the risks associated with their operations. The risk assessment should consider:
- The likelihood of an accident or injury occurring.
- The severity of the potential consequences.
- The number of employees exposed to the hazard.
Based on the risk assessment, employers should implement control measures to eliminate or reduce the risks.
Training Requirements
Employers are required to provide training to employees on safety and health procedures relevant to their jobs. The training should cover:
- Hazard identification and control.
- Safe work practices.
- Emergency procedures.
- Use of PPE.
The frequency and content of the training should be tailored to the specific hazards and risks in the workplace.
Documentation Obligations
Employers are required to maintain various documents related to occupational safety and health, including:
- Safety and health management plans.
- Risk assessment reports.
- Training records.
- Accident reports.
- Inspection records.
These documents should be kept up-to-date and readily available for inspection by the MOL.
