The Ministry of Labor presented proposed amendments to the Occupational Safety and Health Act (“OSHA”) at the Executive Yuan Council meeting on May 1, 2025 (the “Proposed Amendments”). Key amendments include strengthening preventive measures for occupational accidents, enhancing contractor management, introducing a new chapter on workplace bullying prevention, and increasing penalties for OSHA violations and occupational accidents.

To enhance prevention of occupational accidents, the Proposed Amendments introduce a verification and management mechanism requiring registration and inspection of machinery, equipment, and tools (Article 9). Additionally, the Proposed Amendments require businesses to conduct preliminary analysis based on project characteristics for construction projects above certain scale during planning, design, and construction phases, as well as implement preventive measures, allocate safety and health budget, and prepare relevant reports (Article 15-1).

Regarding enhanced contractor management, the Proposed Amendments stipulate that when businesses subcontract work of projects above certain scale to different contractors, they shall designate one contractor to be responsible for overall safety and health management (Article 27-1). In cases of multi-tier subcontracting, each tier of contractors shall, when subcontracting their contracted portion of work, implement disaster prevention measures including work coordination and adjustment, workplace inspection, and safety education and training, and shall comply with the principal business entity’s contractor management requirements (Article 27).

One of the key focuses of the Proposed Amendments is the addition of a new chapter on workplace bullying prevention. The Proposed Amendments, taking reference from court practices and relevant guidelines, expressly define workplace bullying. In addition to common offensive, threatening, or insulting conduct or speech, workplace bullying may also include social exclusion and isolation. While current practice generally considers continuity as a requirement for workplace bullying, the Proposed Amendments include an exception whereby continuity is not required in cases of severe circumstances (Article 22-1, Paragraph 1).

For workplace bullying grievance and handling mechanisms, the key provisions of the Proposed Amendments are as follows:

1. Employers with 10 or more employees shall establish and publicly display grievance channels in the workplace. For employers with 30 or more employees, they must also establish workplace bullying prevention measures and regulations governing grievance procedures and disciplinary actions (Article 22-1, Paragraphs 2 and 3).
2. When a workplace bullying complaint is received, employers must take immediate action including: implementing anti-bullying measures, conducting investigation, taking appropriate action against the perpetrator, and providing mediation, consultation, assistance, or protective measures as appropriate based on circumstances and the complainant’s preferences (Article 22-2, Paragraph 1, Subparagraph 1).
3. Even without a formal complaint, employers who become aware of workplace bullying shall investigate the facts, assist with mediation or filing complaints according to the employee’s preferences, and provide necessary assistance (Article 22-2, Paragraph 1, Subparagraph 2).
4. Employers must register any workplace bullying complaints received or confirmed cases on the designated website of the central regulatory authority (Article 22-2, Paragraph 2).
5. Where the accused party is the highest-ranking officer of the organization, employees may file complaints directly with the local regulatory authority. The r accused party and any individuals or entities invited to assist must cooperate with the local regulatory authority’s investigation procedures or provide relevant information (Article 22-3).
6. Violations of the above provisions may result in fines ranging from NT$30,000 to NT$1.5 million. The regulatory authority may increase the fine up to NT$2.25 million based on factors such as business scale and circumstances of violation (Articles 44 and 45).

In addition to the key amendments mentioned above, the Proposed Amendments also include detailed revisions to provisions regarding occupational safety and health training, complaints of OSHA violations, and labor inspections. The Proposed Amendments increase the maximum imprisonment term to 5 years for OSHA violations resulting in occupational accidents, and raise the maximum amounts for fines and penalties for various violations. Furthermore, information about businesses, employers, and responsible persons will be published on the official information disclosure system maintained by the Ministry of Labor if they are fined for OSHA violations or involved in occupational accidents.

This proposed reform represents the most significant amendment to the OSHA since 2013. The Proposed Amendments are still pending approval by the Executive Yuan Council and subsequent legislative process in the Legislative Yuan, with the timeline and final outcome yet to be determined. With workplace bullying becoming an increasingly prominent issue, businesses are recommended to take proactive steps to review their internal policies and mechanisms, and establish clear organizational responsibilities in anticipation of these legislative changes.