According to Article 6, Paragraph 1 of the Occupational Safety and Health Act (the “OSH Act”), employers are obligated to adopt necessary safety and health equipment and measures to prevent hazards in the workplace as listed in the article. The standards for safety and health equipment and measures are stipulated by the Ministry of Labor under Article 6, Paragraph 3 of the OSH Act in the “Regulations for Occupational Safety and Health Facilities” (the “Regulations”).

To address the increasing occupational hazards caused by extremely high temperatures due to recent climate change and the lack of safety measures for machinery and rooftop operations, the Ministry of Labor amended and promulgated the Regulations on August 1, 2024. The amendments focus on enhancing disaster prevention facilities for high-risk operations. The key amendments are as follows:

1. Heat hazard prevention for outdoor work
   Article 303-1 stipulates that when the risk level of heat hazards in outdoor work reaches the highest level, employers must provide shade and cooling equipment (such as fans, water mists, etc.), as well as cooling rest areas and sufficient drinking water. However, if work duration is short or on-site setup is difficult, compliance with the heat hazard prevention measures specified in Article 324-6 is sufficient, and the requirements of this article do not apply.
   Employers can assess the risk level of heat hazards at the work site through the high-temperature outdoor work heat hazard prevention information network of the Occupational Safety and Health Administration, Ministry of Labor (https://hiosha.osha.gov.tw/).
2. Safety protection for steel structure factory roofs
   Article 227-1 adds that employers must install parapets or railings with appropriate strength around the edges and periphery of steel structure roofs and establish proper pathways and sturdy grilles on rooftops with fragile materials.
   According to the amended notes, the safety protective facilities in Article 227-1 are permanent installations; if employers do not install the relevant equipment as required when workers enter factory steel structure roofs, it constitutes a violation.
   To provide a buffer period for employers, Article 328 of the Regulations sets the implementation date of Article 227-1 as January 1, 2025. This provision applies to factories obtaining construction permits or being built after January 1, 2025, and does not apply to factories obtaining construction permits or being built before December 31, 2024.
3. Cooling system monitoring for metal smelting operations
   Article 181-1 requires that the cooling systems for metal heating, melting, and smelting operations be equipped with monitoring, alarm devices, and emergency cooling facilities.
4. Safety devices for vehicular construction machinery
   Article 119 stipulates that employers must install braking devices on vehicular construction machinery and ensure activation when the driver leaves the seat. Additionally, employers must equip such machinery with reversing or rotating alarms or install warning devices that can detect personnel entering the operation area.
5. Safety protection for aerial work vehicles
   Article 128-1 requires employers to ensure that workers on aerial work vehicles wear safety helmets and use full-body harnesses that comply with the national standard CNS14253-1 or an equivalent or higher standard.

If employers do not install the necessary safety and health facilities as required by the Regulations, they may be fined up to NT$300,000 according to Article 43, Paragraph 2 of the OSH Act. If the violation of the Regulations results in a fatality as specified in Article 37, Paragraph 2, Subparagraph 1, or an occupational accident involving three or more people as specified in Subparagraph 2, the employer may face up to three years’ or one year’s imprisonment, detention, or fines according to Articles 40 or 41 of the OSH Act.