The President officially promulgated major amendments to the Occupational Safety and Health Act (hereinafter referred to as the “OSHA”) on December 19, 2025. The most significant aspect of this legislative overhaul is the addition of a dedicated chapter on the “Prevention of Workplace Bullying.” According to relevant news reports, these provisions are scheduled to officially take effect on July 1, 2026. This marks a milestone in Taiwan, as workplace bullying prevention officially transitions from the phase of administrative guidelines into a mandatory era of codification.

I. Legislative Background: From “Preventive Measures” to “Statutory Procedures”

Prior to these amendments, workplace bullying prevention primarily relied on the general provision under Article 6, Paragraph 2, Subparagraph 3 of the OSHA. This required employers to adopt necessary “preventive measures” against physical or mental unlawful infringements caused by the actions of others during the performance of duties. However, these so-called preventive measures were regulated under Article 324-3 of the Regulations on Occupational Safety and Health Facilities, which failed to explicitly prescribe how employers should handle complaints or process specific workplace bullying cases.

To rectify this deficiency, the amendment elevates the “prevention of physical or mental unlawful infringements caused by the actions of others during the performance of duties” to a statutory level. The new framework mandates that employers establish clear “complaint, investigation, and handling procedures.” To provide detailed rules, the competent authority has drafted and announced the draft of the Regulations on Workplace Bullying Prevention, drawing a clear boundary for complaint-handling workflows.

II. Core Statutory Changes

This amendment codifies preventive obligations, which were previously scattered across various administrative guidelines, into stringent and binding statutory duties:

(1)    Addition of a Dedicated Prevention Chapter: The amendment officially establishes “Workplace Bullying Prevention” as an independent chapter (Chapter II-1). This new chapter explicitly defines the forms of bullying and details employers’ statutory prevention obligations (OSHA Article 22-1).

(2)    Scaled Compliance Requirements: The new framework mandates that employers implement distinct compliance measures tailored to the specific headcount and scale of their workforce.

(3)    The “Chief Executive” Clause: Where the respondent of a complaint is the enterprise’s chief executive (highest-ranking responsible person), the victimized employee may bypass internal corporate mechanisms and file a complaint directly with the competent authority of the relevant municipality, county, or city (OSHA Article 22-3).

III. Legal Liabilities and the Cost of Non-Compliance

Following the implementation of the amendment, enterprises that fail to fulfill their prevention obligations will face more stringent administrative fines:

(1)    General Administrative Fines: Violations of provisions regarding prevention measures, investigation procedures, or the prohibition of adverse treatment shall be subject to an administrative fine ranging from NTD 30,000 to NTD 750,000, provided that the enterprise fails to rectify the violation within a specified time limit after notification (OSHA Article 45, Paragraph 1).

(2)    Severe Fines for Triggering Occupational Diseases: If a violation of prevention obligations causes an employee to suffer an occupational disease, the enterprise shall be subject to an administrative fine ranging from NTD 50,000 to NTD 3,000,000 (OSHA Article 43, Paragraph 1, Subparagraph 3).

(3)    Penalties for the Highest Responsible Person: If the Highest Responsible Person is found to have engaged in workplace bullying, the Highest Responsible Person shall be personally subject to an administrative fine ranging from NTD 10,000 to NTD 1,000,000 (OSHA Article 46, Paragraph 1).

IV. Conclusion: Mastering the Bullying Amendments is an Immediate Priority

For enterprises, July 1, 2026, is not far off. Any bullying cases that occurred prior to the implementation of the Regulations on Workplace Bullying Prevention but have not yet been concluded, as well as pending cases accepted after the implementation, shall be subject to the new statutory procedures (Article 24 of the Draft Regulations on Workplace Bullying Prevention).

Furthermore, if an investigation procedure is determined by the competent authority or labor inspection agency to contain material deficiencies, the competent authority has the power to order the enterprise to conduct a “re-investigation” (OSHA Article 22-2, Paragraph 5). Mastering the new provisions of workplace bullying prevention ahead of time is not merely a regulatory compliance requirement, but also a critical cornerstone for safeguarding corporate reputation and protecting the physical and mental health of employees.

Important Note: The provisions of the OSHA and the relevant draft subsidiary legislation discussed in this article (specifically the Regulations on Workplace Bullying Prevention) have not yet taken effect. The competent authority anticipates implementing these provisions on July 1, 2026. Stakeholders are advised to closely monitor the latest regulatory updates.