The Occupational Safety and Health Act (OSHA) is the primary law governing health and safety in Taiwan. Established in 1974 and significantly amended in 2013, it provides a comprehensive framework for ensuring safety in the workplace. The Enforcement Rules of the Occupational Safety and Health Act supplement the OSHA with more detailed regulations and implementation guidelines.

Scope of OSHA

OSHA applies to almost all workplaces in Taiwan, with a few exceptions. It covers employers, employees, self-employed individuals, and even volunteers under certain circumstances.

Responsibilities & Rights

Employer Responsibilities

Employers are required to provide a safe and healthy workplace by taking proactive measures to identify and mitigate hazards, maintain equipment, and provide necessary safety training. For workplaces with over 50 employees, it is mandatory to establish a Safety and Health Committee with worker representatives. Employers are also required to report any occupational injuries, illnesses, or near-misses to the relevant authorities promptly.

Worker Rights

Workers have the right to know about hazards in their workplace and the appropriate protective measures. They can refuse work they believe poses an imminent danger to their safety or health. Workers also have the right to participate in safety and health decision making through committees or representatives.

Key Focus Areas of Taiwan's Health & Safety Laws

1. Hazard Prevention and Control

Employers are legally required to conduct risk assessments to identify potential hazards and implement safety measures to minimize risks. Detailed regulations exist for areas like machinery safety, chemical hazards, electrical safety, fire prevention, etc.

2. Health Management

Certain jobs require pre-employment and regular health checkups. Employers must monitor workplace conditions and potential health impacts on workers. They are also required to provide accommodations for workers with disabilities or health conditions.

3. Emergency Preparedness

Workplaces must develop and practice plans for responding to fires, chemical leaks, natural disasters, or other emergencies. Providing first aid facilities and trained personnel is also mandatory.

4. Training and Education

Employers are obligated to provide safety training specific to workers' job functions. New employees must receive safety orientation before starting work.

5. Recordkeeping and Reporting

Employers must keep detailed records of workplace injuries and illnesses. Serious accidents or incidents must be reported to the Occupational Safety and Health Administration (OSHA) under the Ministry of Labor.

Compliance & Enforcement

The OSHA empowers labor inspectors to conduct workplace inspections, issue citations, and levy fines for violations. Workers can also file complaints with the authorities regarding safety concerns.

Occupational health and safety (OHS) is a crucial aspect of any workplace. In Taiwan, the Occupational Safety and Health Act (OSHA) forms the foundation of the OHS framework. It outlines the responsibilities of both employers and workers, establishes safety and health standards, and mandates the creation of safety committees within workplaces.

Regulatory Bodies

The Occupational Safety and Health Administration (OSHA), under the Ministry of Labor, is the central governing body responsible for developing, enforcing, and promoting OHS regulations and policies.

Employer Responsibilities

Employers have a significant role in maintaining a safe workplace. They are required to eliminate hazards, provide necessary personal protective equipment (PPE), and implement safety measures to prevent accidents and illnesses. They must also establish OHS management systems, appoint safety and health personnel, and conduct risk assessments. Additionally, employers are responsible for providing regular OHS training to all employees on hazards, safe work procedures, and emergency response. They must also maintain records of accidents, injuries, illnesses, and inspections, and report serious incidents to OSHA.

Worker Rights and Responsibilities

Workers have the right to information about workplace hazards and safety measures. They can refuse unsafe work without facing repercussions. Workers also have the right to participate in safety committees and raise OHS concerns. However, they must comply with safety rules, use PPE, and report unsafe conditions.

Key OHS Standards

Hazard Prevention and Control

Key standards for hazard prevention and control include machine safety, chemical safety, electrical safety, fire safety, and fall prevention. These standards cover aspects such as proper guarding, lockout/tagout procedures, safe operation, hazard identification, labeling, Safety Data Sheets (SDS), appropriate handling, fire prevention plans, emergency exits, fire-fighting equipment, and fall protection systems for working at heights.

Occupational Health

Occupational health standards focus on noise control, ergonomics, mental health, and workplace health surveillance. These standards aim to reduce noise exposure, prevent hearing loss, minimize musculoskeletal disorders, promote well-being, address workplace stress, and monitor hazardous exposures.

Occupational Accident and Injury Response

Standards for occupational accident and injury response include first aid and emergency response, incident investigation and reporting, and workers' compensation. These standards ensure the provision of first aid, emergency preparedness, evacuation procedures, analysis of root causes of accidents to prevent recurrence, and insurance coverage and compensation for work-related injuries and illnesses.

Workplace inspections are a crucial tool used by the Occupational Safety and Health Administration (OSHA) in Taiwan. They serve to enforce compliance, identify hazards, prevent accidents and illnesses, and promote a culture of occupational health and safety (OHS) within organizations.

Types of Inspections

There are several types of inspections, including routine inspections, complaint-based inspections, accident investigations, and special emphasis programs. Routine inspections are conducted regularly, often targeting high-risk industries or workplaces with a history of OHS issues. Complaint-based inspections are triggered by worker complaints or reports of serious hazards. Accident investigations involve in-depth inspections following a workplace accident or fatality. Special emphasis programs are focused inspections targeting specific hazards or industries.

Inspection Criteria

Workplace inspections cover a wide range of OHS aspects. Key areas that inspectors focus on include hazard identification and control, machine guarding and safety, electrical safety, fire safety, emergency response, recordkeeping and reporting, and OHS management systems.

Inspection Frequency

The frequency of workplace inspections varies based on factors such as industry risk, workplace size, and compliance history. High-risk industries, larger workplaces, and workplaces with a history of OHS violations may face increased inspection frequency.

Inspection Procedures

The inspection process typically involves an opening conference, a walk-through inspection, document review, a closing conference, issuance of citations and penalties for serious violations, and abatement, where employers are given deadlines to correct identified hazards.

Follow-up Actions

After the inspection, employers must provide evidence demonstrating correction of cited hazards. OSHA may conduct follow-up inspections. Employers also have the right to appeal citations if they disagree with the findings. It is recommended that employers utilize inspection findings to proactively improve their OHS programs and prevent future hazards.

Workplace accidents require immediate action to secure the scene, provide first aid or emergency care, and notify relevant authorities.

Immediate Actions

• Secure the Scene: This is done to prevent further injuries or damage.
• Provide First Aid/Emergency Care: Injured workers should be attended to and medical assistance arranged if needed.
• Notify Relevant Authorities: Depending on the severity of the incident, authorities such as OSHA, police, or the fire department should be contacted.

Workplace accidents must be reported to OSHA. The types of accidents that must be reported include fatal accidents, serious occupational injuries, and occupational diseases. Fatal accidents must be reported immediately, serious occupational injuries within 8 hours, and diagnoses of work-related illnesses must also be reported.

Reporting Requirements

• Fatal Accidents: Must be reported immediately.
• Serious Occupational Injuries: Injuries that result in permanent disability, significant disfigurement, or hospitalization for over 24 hours must be reported within 8 hours.
• Occupational Diseases: Diagnoses of work-related illnesses must be reported.

Accident Investigation

Employers are obligated to conduct an internal investigation to determine the root causes of the accident and identify corrective actions. OSHA may also conduct its own investigation, particularly for serious accidents or where there are suspected violations. The purpose of these investigations is to prevent similar incidents from recurring and to establish responsibility for any safety failures.

• Internal Investigation: Employers are obligated to conduct an internal investigation to determine the root causes of the accident and identify corrective actions.
• OSHA Investigation: OSHA may conduct its own investigation, particularly for serious accidents or where there are suspected violations.
• Purpose of Investigation: Investigations aim to prevent similar incidents from recurring and to establish responsibility for any safety failures.

Compensation Claims

Workers injured in workplace accidents or diagnosed with occupational diseases are entitled to compensation. This includes coverage for medical treatment and rehabilitation costs, compensation for lost wages during periods of disability, lump sum payments or ongoing benefits for permanent disabilities, and compensation for dependents of workers killed in workplace accidents.

• Medical Expenses: Coverage for medical treatment and rehabilitation costs.
• Wage Loss: Compensation for lost wages during periods of disability.
• Disability Benefits: Lump sum payments or ongoing benefits for permanent disabilities.
• Death Benefits: Compensation for dependents of workers killed in workplace accidents.

Timely reporting is crucial to initiate investigations and allow for prompt compensation claims. Thorough investigations help improve workplace safety and prevent similar accidents. Workers have the right to compensation for workplace injuries and illnesses.