The safety, health, and well-being of workers is of the utmost importance in any industry. To help ensure the safety of their employees and prevent occupational accidents, companies must adhere to the Occupational Safety and Health Act.
Based on this Act, employers need to provide a safe environment and assign jobs that are reasonable and feasible to its workers. The Occupational Safety and Health Administration (OSHA) of the Ministry of Labor (MOL) is responsible for making sure that companies in Taiwan are in compliance with the Act’s provisions.
What is the Occupational Safety and Health Act?
The Occupational Safety and Health Act of Taiwan was enacted on April 16, 1974, with the main aim of protecting worker’s safety and health, and also to prevent occupational accidents. Since then, the Act has been expanded and undergone several amendments, with the latest amendment made on May 15, 2019.
The Act defines “occupational accident” as “any disease, injury, disability, or death of a worker caused by buildings, machinery, equipment, raw materials, materials, chemicals, gases, vapors, dusts, etc. at the place of duty, as a result of work activities, or due to other occupational causes.” The legislation applies to all workers, including employed, self-employed, contractual workers, and interns.
Responsibility of Employers
According to the Occupational Safety and Health Act, employers are responsible for providing/facilitating: (a) a safe working environment; (b) a safety and health management plan; (c) first aid and emergency measures; (d) risk assessment and management; and (e) safety and health education and training for employees.
Safe Working Environment
First of all, the company must make sure that facilities, equipment, and operational systems in the workplace adhere to safety standards and regulations. This includes conducting regular inspection and maintenance of facilities and equipment.
Secondly, the company should be able to prevent workers from having over-fatigue, physical disorders, and mental stress brought about by long working hours, heavy workload, repetitive work, and other factors. Meanwhile, for laborers that are engaged in heavy physical work, high temperatures, or other hazards — their working hours must be limited, and rest periods should be provided.
Safety and Health Management Plan
Based on Article 20 of the Occupational Safety and Health Act: ”employers shall conduct pre-employment physical examinations for laborers at the time of employment.” Employees are obligated to undergo health exams, while companies must provide them with official leave to attend these exams.
Furthermore, Article 23 states that employers should formulate a safety and health management plan to promote and maintain the physical and mental health of their employees. For instance, workers below 40 years old should undergo a health exam every five years. Meanwhile, workers who are 40-65 and above 65 should undergo health exams every three years and annually, respectively.
Notably, employers with more than 50 workers are required to hire or contract medical professionals to conduct health examinations, as part of the company’s safety and health management plan.
First Aid and Emergency Measures
Article 37 of the Act states that if an occupational accidents occurs in the workplace, the company should immediately take necessary measures such as first aid and emergency response. It should also conduct a thorough investigation and analysis of the accident.
Furthermore, the article mentioned that the company must notify a labor inspection agency within eight hours of the occurrence of: (a) accidents involving death; (b) accidents causing injuries to three or more people; and (c) accidents causing injuries that require hospitalization of one person or more persons. In response, the labor inspection agency will dispatch an inspector to the workplace where the accident occurred.
In addition, companies must develop and implement a contingency plan that will address potential accidents or emergencies.
Risk Assessment and Management
The Occupational Safety and Health Act requires employers to conduct hazard identification and risk assessment in the workplace, as well as to implement risk management measures.
Specifically, Article 6 states that companies should have safety and health measures that can prevent hazards posed by the following:
- Items such as machinery, equipment, or tools;
- Explosive or flammable materials;
- Electricity, heat, or other energy sources;
- Activities such as quarrying, excavating, loading and unloading, transportation, stockpiling, collecting, or logging;
- Falling, falling objects, or collapsing at the job site;
- High-pressure gas; and
- Raw materials, materials, gases, vapors, dusts, solvents, chemicals, toxic substances, or oxygen-deficient air, among other hazards.
Safety and Health Education and Training
Last but not the least, companies should provide their workers with safety and health education and training. As mentioned in Article 32: “Employers shall provide laborers with all necessary safety and health education to perform duties and prevent accidents.”
By conducting/facilitating education and training on safety and health management, companies are able to equip their employees with knowledge and skills for addressing possible workplace hazards. In turn, all employees are obligated to join these safety and health education and training.
Inspection of Facilities
To make sure that companies follow health and safety regulations, the Ministry of Labor (MOL) and labor inspection agencies carry out regular inspections. Companies not conforming to regulations are notified and required to address concerns and to make the necessary improvements within a given time period. Otherwise, they may be asked to suspend all or part of their operations.
For example, if a company in the manufacturing or construction industry is found to have no “safety and health” work rules, they will have to face the following penalties: (a) fine of TWD 30,000 up to TWD 150,000; and (b) public disclosure of the company’s full name, name of the owner, and the law violated.
Complaints by Employees
Notably, employees may file a complaint with the Ministry of Labor, labor inspection agencies, or other authorities if they discover that their employer: (a) has committed a violation stated in the Occupational Safety and Health Act; (b) has a suspected occupational disease; or (c) has committed physical or psychological infringement.
In response, authorities may conduct an investigation to check if the employer has performed any preventive and remedial measures regarding the safety and health matter concerned. Moreover, employers are prohibited from dismissing, transferring, or imposing unfavorable treatment on workers who have filed a complaint, according to Paragraph 4, Article 39 of the Act.
For more information about the Occupational Safety and Health Act, you can read the full text of this legislation on the official Law and Regulations Database of Taiwan. Thanks to this Act, all workers, especially those in the construction and manufacturing industries, can rest assured that their safety, health, and well-being in the workplace are protected.
Speaking of health, are you familiar with Taiwan’s National Health Insurance (NHI), which also covers foreign workers? Check out this guide to learn more about what the NHI covers and how you can benefit from it.