Enforcement Rules of the Labor Inspection Act

Link to law: http://law.moj.gov.tw/ENG/LawClass/LawAll.aspx?PCode=N0070004

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Chapter 1 General Provisions

Article 1

These Rules are formulated pursuant to Article 39 of the Labor Inspection Act (hereinafter referred to as “the Act”).

Article 2

Dangerous machinery or equipment referred to in the Act means machinery or equipment specified as dangerous in Article 16 of the Occupational Safety and Health Act.

Article 3

Other labor regulations referred to in Article 4 subparagraph 4 of the Act mean labor insurance, labor welfare, employment services and other related statutes and regulations.

Chapter 2 Labor Inspection Agency

Article 4

Related agencies referred to in Article 5 Paragraph 1 of the Act mean the Export Processing Zone Administration of the Ministry of Economic Affairs, Science Park Bureaus of the Ministry of Science and Technology, and other agencies authorized by the central competent authority to handle labor inspection.

Article 5

Labor inspection agencies authorized in accordance with Article 5 Paragraph 1 of the Act shall periodically submit reports of their supervisory activities and inspection results to the central competent authority for approval and record. The central competent authority shall monitor and evaluate these agencies on a periodical and unannounced basis.

Article 6

The severity rate of occupational accidents referred to in Article 6 of the Act means the total number of lost workdays from disability or injury per one million work hours; the occurrence rate of injury refers to the number of incidents per one million work hours.

Article 7

Labor inspection agencies may, in accordance with Article 7 of the Act, request organizations in concern to supply labor inspection information, including names of the business entity, names of the employer, addresses, telephone numbers, number of workers and other related information.

Chapter 3 Labor Inspectors

Article 8

Professional trainings referred to in Article 9 of the Act mean pre-employment trainings for newly hired personnel and on-the-job trainings and advanced studies for currently employed personnel.

Article 9

Prior to passing the pre-employment training stipulated in the preceding Article, labor inspection agency may not assign individual inspection assignments to newly hired inspectors. However, under special circumstances, this restriction does not apply shall the labor inspection agency cites reasons and reports to the central competent authority for approval.

Article 10

When labor inspector notifies business entity of the inspection schedule in accordance with Article 13 subparagraph 1 of the Act, the labor inspector shall confirm that application documents for examination or inspection submitted by the business entity in accordance with Article 26 or Article 38 of the Act have been examined and approved, and the inspection date has been arranged and scheduled by the labor inspection agency.

Article 11

When labor inspector notifies business entity of the inspection schedule in accordance with Article 13 subparagraph 2 of the Act, the inspector shall confirm that application documents for inspection of dangerous machinery or equipment submitted by the business entity have been examined and approved, and the inspection date has been scheduled by the labor inspection agency.

Article 12

When labor inspector notifies business entity of the inspection schedule in accordance with Article 13 subparagraph 3 of the Act, the inspector shall first complete the record of occupational accidents of such business entity.

Article 13

Labor inspector implementing sealing for seizure in accordance with Article 15 Paragraph 1 subparagraph 4 of the Act is limited to one of the following conditions:
1. Violating the prohibition of use stipulated by the Occupational Safety and Health Act;
2. Violating labor regulations and laws;
3. Essential to the determination of the cause of occupational accidents;
4. Other conditions approved by the labor inspection agency.
When the cause for the sealing of the preceding Paragraph has been eliminated or after the labor inspection agency has approved the application submitted by the business entity, the seal may be lifted.

Article 14

Labor inspector implementing sealing for seizure in accordance with Article 15 Paragraph 1 subparagraph 4 of the Act shall produce a list of the sealed materials and place sealing tapes on the sealed item(s).
Sealing tape(s) of the preceding Paragraph shall bear the official seal of the labor inspection agency and list the following items:
1. Name of the labor inspection agency;
2. Name(s) of the sealed items;
3. Date of sealing;
4. Legal basis for the action.

Article 15

When business entity applies for examination or duplication with the labor inspection agency in accordance with Article 15 Paragraph 3 of the Act, it shall submit a written application within 30 days following the day after the inspection; the labor inspection agency shall supply the requested materials within 30 days following the day after the application is received.

Article 16

Labor inspector implementing search and seizure in accordance with Article 16 of the Act shall abide by related provisions stipulated in the Code of Criminal Procedure.

Chapter 4 Authorized Inspection Agencies and Authorized Inspectors

Article 17

Inspections of dangerous machinery and equipment carried out by authorized labor inspector may be assigned by authorized inspection agency specified in Article 17 of the Act refers to the periodical inspection and other inspection designated and announced by the central competent authority.

Article 18

Authorized inspection agencies designated in accordance with Article 17 of the Act that are administrative agencies or public agencies are limited to the inspection scope of dangerous machinery and equipment owned by their subsidiaries.

Chapter 5 Inspection Procedures

Article 19

Prior to entering a business entity for inspection in accordance with Article 22 of the Act, labor inspector shall inform the employer and labor union of the purpose of the inspection and request that an assigned personnel accompany the inspection.

Article 20

Labor inspection identification card is renewed every two years, and shall be returned at the end of the inspector's employment. The labor inspection identification card shall bear the photo of the inspector and contain the following information:
1. The name of the affiliated unit;
2. Full name, job title and serial number;
3. Legal basis for inspection and the scope of inspection;
4. Expiration date.

Article 21

In the event that a business entity objects to the contents of the inspection result notification issued by the labor inspection agency, it shall submit a written request with explanations to the labor inspection agency within 10 days following the day after the notification is received.
The deadline for rectification and improvement specified in the notification of the preceding Paragraph will not be discontinued, regardless of the objection of the business entity, before the labor inspection agency adopts other appropriate dispositions.

Article 22

The inspection result referred to in Article 25 Paragraph 2 of the Act means the inspection result notification issued by the labor inspection agency to the business entity requesting immediate rectification or improvements within a specified deadline.

Article 23

Inspection results business entity announces in accordance with Article 25 Paragraph 2 of the Act are to be in one of the following approaches:
1. When the full content of the inspection result notification issued by the labor inspection agency is announced, it shall be publicly displayed in one of the following places:
(1) Places where the business entity regulates the workers’ attendance;
(2) Announcement places in the cafeteria, dormitories and each workplace;
(3) Places negotiated and agreed upon with unions or labor representatives.
2. When the content of a single violation is announced, it shall be publicly displayed on the machinery, equipment, or at the place where the violation occurs.

Article 24

Workplaces referred to in Article 26 of the Act mean for the duration of the labor contract when laborers carry out work services to fulfill the terms of the contract, places where the person who accepts the employer or the interim employer’s direction to handle related laborer affairs can direct and manage.

Article 25

Workplaces where petrochemical industry engages in petroleum cracking referred to in Article 26 Paragraph 1 subparagraph 1 of the Act mean workplaces that manufacture petrochemical raw materials from the cracking process of petroleum products.

Article 26

Workplaces where agro-pesticides are manufactured referred to in Article 26 Paragraph 1 subparagraph 2 of the Act mean workplaces where methyl isocyanate, hydrogen chloride, ammonia, formaldehyde, hydrogen peroxide, or pyridine are used as raw materials to synthesize technical grade agro-pesticides.

Article 27

Firecrackers and fireworks manufacturing factories referred to in Article 26 Paragraph 1 subparagraph 3 of the Act mean factories that use chlorate, perchlorate, nitrate, sulfur, sulfide, phosphide, charcoal powder, metal powder and other raw materials to manufacture firecracker and firework related products; workplaces that manufacture gunpowder mean workplaces where chemical substances are used to produce explosive products.

Article 27-1

High-pressure vessels referred to in Article 26 Paragraph 1 subparagraph 4 of the Act mean vessels used for processing and storing high-pressure gases. However, the following equipments or machineries are not included:
1. Moveable production equipment;
2. Stand-alone, fixed production equipment for non-toxic or non-flammable high-pressured gases;
3. De-pressurizing equipment;
4. Air conditioning equipment and refrigerating equipment using freon as cooling agent.
Steam boilers referred to in Article 26 Paragraph 1 subparagraph 4 of the Act mean devices and their peripheral superheaters and economizers that use open flame, burning gases or other high temperature gases to heat up water or heating medium to produce steam pressure higher than one atmospheric pressure for other usage.

Article 28

Volume referred to in Article 26 Paragraph 1 subparagraph 4 of the Act means steam boiler with heat conducting area of over 500 square meters, or high-pressure vessel with freezing capacity of over 150 tons per day or the capacity of handling one of the followings:
1. Over 1,000 cubic meters of oxygen, toxic gases or high-pressure flammable gases;
2. Over 5,000 cubic meters of other gases not specified in the preceding subparagraph.

Article 29

The quantities of hazardous substances and harmful substances referred to in Article 26 Paragraph 1 subparagraph 5 of the Act shall be in accordance with Tables 1 and 2.

Article 30

(Deleted)

Article 31

Severe occupational accidents referred to in Article 27 of the Act mean one of the following occupational accidents:
1. Accidents involving death;
2. Accidents causing injuries to three people or more;
3. Accidents causing injuries to one person or more and requiring hospitalization as the result of chemical substance leakage of ammonia, chlorine, hydrogen fluoride, phosgene, hydrogen sulfide, sulfur dioxide;
4. Other accidents specified and announced by the central competent authority.

Article 32

(Deleted)

Article 33

When labor inspection agency notifies the business entity for partial or complete shutdown in accordance with Articles 27 to 29 of the Act, the number of days of the shutdown shall be determined by the labor inspection agency according to circumstances.
If the complete shutdown of the preceding Paragraph exceeds 7 days, the labor inspection agency shall report to the central competent authority for approval.

Article 34

The written shutdown notification specified in Articles 27 to 29 of the Act shall include the following information:
1. The business entity who received the shutdown disposition, name of employer, and address;
2. Legal basis for the shutdown;
3. Reasons for the shutdown;
4. The starting and ending dates of the shutdown;
5. The scope of the shutdown;
6. The conditions and procedures to apply for resumption of work;
7. The agency enforcing the shutdown;
When necessary, the scope of the shutdown in subparagraph 5 of the preceding Paragraph may be explained in images or photographs.

Article 35

The labor inspection agency, in issuing business entity written notification for the partial or complete shutdown in accordance with Articles 27 to 29 of the Act, when necessary may post the shutdown notice at the shutdown area and may mark the shutdown area with clear warning and prohibiting signs.

Article 36

When the business entity applies for resumption of work in accordance with Article 30 of the Act, the labor inspection agency shall issue a written notice to resume work after the reasons for the shutdown have been verified for revocation.
The written notification for resumption of work in the preceding Paragraph shall include the following:
1. The business entity applying for resumption of work, name of the employer and address;
2. The date for resumption of work;
3. The scope of the resumption of work.

Article 37

Upon completion of the inspection of dangerous machinery or equipment, the authorized inspector shall immediately record the inspection failures in the remarks section of the original inspection record or on any other required documents; a formal record is to be made and signed by the assigned personnel.

Article 38

Provisions in Article 20 is applicable to the authorized inspector identification cards specified in Article 31 Paragraph 4 of the Act.

Article 39

Noticeable and visible place(s) referred to in Article 32 of the Act means the place(s) stipulated in Article 23 subparagraph 1.
Business entities placing the public notices specified in Article 32 of the Act at places in the preceding Paragraph shall be in accordance with the following provisions:
1. The size of the text, the height of the posted notice(s) and their positions shall observe the principle of appropriate for clear reading by the workers;
2. Notices shall be in place permanently and shall be replaced should they become tarnished.

Chapter 6 (Deleted)

Article 40

(Deleted)

Chapter 7 Supplementary Provisions

Article 41

These Rules shall become effective from the date of promulgation.
These Rules are amended on June 26, 2014, and shall become effective from July 3, 2014.