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Workers' groups protest exam policy

Civil groups and government departments yesterday discussed concerns about a new policy mandating health examinations for foreign workers at a forum in Taipei.

The new policy, called the Measures of Inspection and Supervision of Health Examinations for Foreign Persons (受聘僱外國人健康檢查管理辦法), was implemented on Jan. 13.

The policy details standards for mandatory foreign worker medical checkups, basing requirements on job categories.

Representatives from the Democratic Alliance for Foreign Teachers in Taiwan, the Taiwan International Workers' Association and the Coalition for Equal Opportunity as well as several academics all said the policy discriminates against foreign workers.

Foreign teachers do not come into more contact with students than local teachers do, the representatives reasoned. They asked why foreign teachers should then be singled out for yearly health examinations if local teachers are not similarly examined.

In addition, they said, once in Taiwan, foreign laborers tend to stay in the country for the entire duration of their visas to save funds.

Thus it is unfair to identify foreign workers, as opposed to all overseas travelers, as possible sources of diseases originating in other countries, they said.

"[T]he enforced medical check-up policy is both unreasonable and anti-democratic ... It infringes on the most basic privacy rights essential to a democratic society.

"Nothing is more essentially private than one's body and the state of one's health," a statement by the foreign teachers' alliance said.

The groups also discussed the legitimacy of linking mandatory health exam frequency with job category, calling into question the reasoning behind different requirements for white-collar and blue-collar workers.

"The government has a disposable policy toward foreign workers, especially for blue-collar workers. Many foreign laborers are afraid to take the mandatory exams, because the minute you are found physically unwell, they ship you off because your expiration date has come," said Taiwan International Workers' Association representative Wu Chin-ju (吳靜如).

The health examination policy was adopted by the Department of Health and is enforced by the Council on Labor Affairs as stipulated in Article 48 of the Employment Service Law (就業服務法). In accordance with this policy, announced by the Bureau of Employment and Vocational Training in January, foreign workers must have regular physical examinations.

The policy stipulates that foreign workers in specialist areas such as education and business must have a physical examination within three months of starting a job. These workers do not need a physical examination before entering the country, but must get a medical checkup to qualify for visa renewal.

Blue-collar workers and or manual laborers must pass health examinations before entering Taiwan and must get another checkup within three days of arrival in order to qualify for a work permit. The exams must be repeated at 6 months, 18 months and 30 months after the worker's date of entry, and such workers also need an exam before leaving Taiwan.

The exam includes blood tests for HIV and syphilis, a chest X-ray, an eye exam, weight and height measurements and a brief medical exam. Female blue-collar workers must also take a pregnancy test during their pre-entry examination.

Article 48 of the employment law stipulates that foreign workers who fail the examination must leave the country.

Representatives from the Cen-ter for Disease Control (CDC) and the Council of Labor Affairs said that the health examinations were a response to public desire for stricter disease quarantine standards.

In response to the foreign workers' concerns, Lin said that the health department is investigating possible changes to the policy.
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