The Executive Yuan yesterday approved amendments to the Occupational Safety and Health Act (職業安全衛生法) that include a special chapter on workplace bullying prevention and amendments to 23 articles, marking the largest-scale overhaul since its passage in 2013.
The special chapter on workplace bullying states the standard definition of workplace bullying, defined as a worker performing their duties on-site becoming the target of harassment, threats, isolation or being sidelined, leading to the deterioration of their mental and physical health by managers in the abuse of their powers, or whose interpretation of regulations exceeds reasonable limits.
In case of serious violations, the prerequisite that the incident must have lasted a predetermined amount of time should be waived, according to the special chapter.
Photo: Taipei Times
Company regulations should vary based on their scale of operations, and anti-bullying regulations must be communicated to company employees, the chapter says.
Internal channels for reports, investigations and processes of handling such reports should be strengthened, and whistle-blowers should receive necessary assistance and protection, while such reports should be forwarded to the authorities, it says.
If the reported person is a manager of workplace bullying affairs, staff should have alternative channels to report the incidents, it says.
The amendments also require project owners of a specific scale to conduct a risk analysis of the job before submitting designs, project plans and commencing construction, and to allocate safety-related funding in their budget, the Ministry of Labor said.
Work sites and equipment rental companies would be obligated to inform workers and customers of the potential dangers involved when working on-site or operating the equipment, the amendment says.
The amendment compiles a list of specific responsibilities that machinery operators and self-employed individuals must adhere to, the ministry said.
Fines, prison sentences and punitive measures against employers violating regulations would also be increased.
Any deaths incurred due to occupational hazard incidents would result in the employer being fined up to NT$1.5 million (US$49,039), up from NT$300,000, and a five-year prison sentence, up from three years, according to the amendment.
For incidents involving three or more injuries, the employer would face up to three years in prison, up from one year, and would be fined up to NT$1 million, up from NT$180,000.
Administrative fines for contravening regulations have also been increased to NT$750,000, up from NT$150,000.
Calls to amend the law to more clearly define workplace bullying arose late last year following the suspected suicide of a Ministry of Labor employee who was allegedly a victim of workplace bullying.
The high-profile case led to a spate of bullying allegations in government institutions and affiliated organizations.
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