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Labor Rights Protection

  • Last Modify Date:2022-03-15

In order to protect the rights and interests of workers who have suffered occupational accidents (including diseases), in April of 2002 the “Act for Protecting Worker of Occupational Accidents” entered into effect. It provides for various kinds of subsidies and allowances for workers (both covered by labor insurance or not covered by it) and their families, and for diagnosis and rehabilitation services for occupational injuries and diseases offered by authorized specialty institutions. Since its founding in 2014, OSHA has undertaken horizontal integration of the tasks of (i) prevention of occupational injuries and diseases and (ii) investigations and appraisals of occupational diseases which were formerly handled by the Council of Labor Affairs, as well as incorporated subsidy and rehabilitation services to workers who have suffered occupational accidents (hereafter “affected workers”) formerly handled by the Occupational Accident Labor Protection Office of the Bureau of Labor Insurance (BLI), and the “Family Assistance Program” (FAP) of the Department of Labor Welfare, to establish the Occupational Accident Labor Protection Division. The goals have been to construct comprehensive integrated services for affected workers, to provide tailored and in-depth services for these workers and their families, to strengthen referrals to various kinds of assistance resources offered by government labor and social agencies, and to assist workers to overcome hard times and start anew.

 

Protecting Workers with Professional Medical Service Teams

 

Dense network coverage to deal with all occupational injuries and illnesses

To protect worker health and the labor force, OSHA has set up Occupational Disease and Injury Prevention Service Centers (ODIPSCs) in northern, central, southern, and eastern Taiwan, covering the entire country. Combined with the occupational medicine departments at hospitals across the country, these constitute an occupational injury and disease prevention network and reporting system. (See Figure 1 for the network.) The ODIPSCs and network hospitals are part of a reporting system, and assist in conducting identification and investigations of occupational diseases. To assist ODIPSCs and enhance their SOPs and service quality, the Occupational Disease and Injury Management Service Center, established in 2007, works to provide workers with more convenient occupational injury and disease diagnosis and treatment services.

 

ODIPSCs: the front lines of healthy workplaces Follow the ILO (1964) Convention No. 121 and the United Nations (2006) Convention on the Rights of Persons with Disabilities (CRPD) and other norms. At present ODIPSCs provide the following services:

(1) Diagnosis, prevention, and referral services for occupational injury and disease Professional medical personnel provide services including diagnosis of cause-andeffect relationships between work and occupational injury or disease, prevention of occupational disease, workplace maternity consultations, and evaluations of burnout from overwork. Also, based on individual needs, they provide case management or return-to-work evaluations, occupational rehabilitation referral, and other services.

(2) Investigations of occupational exposure and occupational disease

(3) Occupational injury and disease consultations

(4) Individual case discussions of occupational disease

 

Comprehensive services extending to remote areas and fishing harbors

Each ODIPSC is responsible for cooperating with enterprises, government agencies, professional associations, labor unions, and remote communities in their regions to promote prevention of occupational injury and disease. For example, they hold educational events and establish multiple referral channels, in the hope of enhancing the effectiveness of prevention work.

In recent years, in response to various occupational safety and health issues that have gained the attention of the international community and individuals (such as major accidents or asbestosis), ODIPSCs began to work with nongovernmental organizations to go to remote areas (including indigenous communities and offshore islands) and fishing harbors that are relatively lacking in occupational medicine clinical services to undertake mobile diagnosis services and educational activities in the hope of discovering even more potentially exposed workers and providing them with professional protection.

 

Comprehensive services: Assisting workers who have suffered from occupational accidents to return to work as quickly as possible

 

Once a worker suffers from an occupational injury or disease, their ability to work may have declined due to physical damage or psychological problems. Delivery of appropriate and timely post-accident rehabilitation services can assist workers to return to work as quickly as possible, which not only lightens the economic burden on workers’ families. At the same time it restores the confidence of workers who have suffered from occupational accidents (including illnesses). It can also reduce losses to employers, lower expenditures for labor insurance, and reduce the burden on government assistance resources. The “Regulations on Rehabilitation Subsidy for Occupational Accidents Workers” issued on October 20, 2004, provide for subsidies for psychological guidance and social adjustment, evaluations and strengthening of ability to work, job accommodation, occupational guidance assessments, and other types of post-accident occupational rehabilitation, and comprehensively ensure the quality of life of workers after suffering occupational injury or disease.

 

Since the launch of the “Occupational Competency Rehabilitation Services Guidance Program” in 2016, OSHA has guided all rehabilitation organizations to provide uniformed services and devised systematized rehabilitation services standards for affected workers. In addition to continue delivering guidance of services provided by rehabilitation organizations, at present OSHA is planning to found a “Return-to-Work Services Management Center for Occupational Accident Workers” and integrate services for affected workers provided by local governments, in order to provide optimal programs for them to return to work, and to ensure the quality of services provided by return-to-work personnel. In the future, in coordination with the new “Labor Occupational Accident Insurance and Protection Act,” OSHA will provide such workers with more optimal rehabilitation services and extended service capabilities.

 

The “Injured Workers Assistance Program” to provide in-depth and individualized services for workers who have suffered occupational accidents. These case managers also draw on resources from social welfare and employment services programs to support these workers and their families in getting through hard times and assists them to return to work.

 

2021, the President announced the "Labor Occupational Accident Insurance and Protection Act "

 

2021 the government promulgated the Labor Occupational Accident Insurance and Protection Act dedicated to protecting the rights and interests of workers at risk of occupational hazards as well as their families. Combining the occupational hazard insurance from the Labor Insurance Act with related provisions from the Act for Protecting Worker of Occupational Accidents, this new act adopts stronger occupational hazard prevention mechanisms and provides greater assistance to help rehabilitating and returning injured workers to the workplace. The new act will be implemented from May 1, 2022.

 

Integrate occupational hazard prevention and rehabilitation efforts

An occupational hazard prevention and rehabilitation center will be established. Preventive actions will be implemented at the front end to reduce workplace accidents, and when accidents do occur, the government will take active rehabilitation measures to help workers get back on the job. This will provide workers comprehensive protection ranging from accident prevention to compensation and rehabilitation.

  • Publish Date:2022-03-15
  • Hit Rate:337

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