The amended Occupational Safety and Health Act entered into force on July 3, stipulating the necessity of immediate rehabilitation for workers suffering from severe injuries or disabilities. According to the new provision, occupational accident(s) that involves more than one person at the workplace of business entity and resulting in amputation or serious damage to the organ(s), life threatening or serious loss of bodily function(s), and must be hospitalized continuously for more than 24 hours, the employer is required to report such accident(s) to a labor inspection agency. If a report is not filed according to regulations, the employer is subject to a penalty of NT$30,000 to NT$300,000 in accordance with Article 43 of the same Act.
The Ministry of Labor (MOL) indicates that when a laborer suffers from occupational accident, their personal and family livelihood is also affected. Not only is this detrimental financially, it also takes a toll on their mental wellbeing. Under such circumstances, they usually feel helpless and are unaware of their rights. The MOL has a Family Assisted Program (FAP) that subsidizes local governments in setting up occupational accident services for laborers. These services will provide house calls, interviews, consultations on occupational accident rights, referrals to medical care and treatment, psychological consultations, occupational rehabilitations, employment, occupational trainings, and assistance with applying for labor-management negotiation, payment of labor insurance, emergency social aid, and government condolence payment. Over the last three years, these services have assisted 600 cases each year. After the restructuring of the Ministry, the newly established Occupational Safety and Health Agency (OSHA) integrates the services of occupational accident prevention, report, inspection and occupational rehabilitation to better serve injured workers. Amendment of the Occupational Safety and Health Act further incorporates severely injured laborers into the scope of accident report, thus increasing the number of laborers and their family eligible for FAP’s re-employment assistance to 3,000 people each year.
The first injury case that OSHA assisted since its establishment demonstrates the importance of a full-scale service. In March this year, an employee of a hamburger company suffered from severe burn while on duty inside the kitchen. Both the worker and the family were not satisfied by the way the employer settle the accident, and turned to OSHA for help. OSHA initiated FAP service and intervened to help the injured worker to apply for labor insurance payment, government emergency financial aid and funding from charity groups. The worker was also referred to social welfare unit for rehabilitation, psychological consultation and to the Legal Aid Foundation for free legal assistance. The employer and the worker reached a settlement after a few negotiations. The worker felt solace, regained his confidence in the pursuit of employment and education.
Hotline for occupational accident consultation: 0800-001-850
Contact information for OSHA’s Laborer Protection Section
Phone: 02-8995-6666 ext. 810
Address: 439 Zhongping Road, South Wing, 11Fl., Xinzhuang District, New Taipei City
Website: https://www.osha.gov.tw