The President officially promulgated major amendments to the Occupational Safety and Health Act (hereinafter referred to as “OSHA”) on December 19, 2025. The most significant aspect of these legislative amendments is the introduction of a dedicated chapter on the “Prevention of Workplace Bullying.” According to recent regulatory updates, these provisions will officially take effect on July 1, 2026. This marks a landmark milestone in Taiwan, as workplace bullying prevention officially transitions from administrative guidelines into a mandatory codified framework.

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, requiring employers to adopt necessary “preventive measures” against physical or mental unlawful infringements caused by the actions of others during the performance of duties. However, the aforementioned preventive measures are regulated under Article 324-3 of the Regulations on Occupational Safety and Health Facilities, which does not explicitly prescribe the handling of complaints or other processing mechanisms for individual workplace bullying cases.

To address this gap, the amendments elevate the procedural requirements for the “prevention of physical or mental unlawful infringements caused by the actions of others during the performance of duties” to a strict statutory level, and mandate that employers establish clear “complaint, investigation, and handling procedures.” To provide actionable rules, the competent authority has formulated and announced the Regulations on Workplace Bullying Prevention Measures, delineating a clear scope for complaint-handling procedures.

II. Core Statutory Changes

The amendments transform the preventive obligations previously scattered across administrative guidelines into a framework of stringent and binding statutory duties:

(1)    Introduction of a Dedicated Prevention Chapter: The amendments officially establish a standalone chapter on “Prevention of Workplace Bullying” (Chapter II-1), explicitly defining the typologies of bullying and detailing specific prevention obligations for employers (OSHA Article 22-1).

(2)    Scaled Compliance Requirements: Employers are required to adopt varying levels of compliance measures based on the size and scale of their workforce.

(3)    The “Highest Responsible Person” Clause: Where the respondent to a complaint is the highest responsible person of the enterprise, the employee suffering workplace bullying is entitled to bypass internal company procedures 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 the establishment of prevention measures that are not rectified within a specified period upon notice shall be subject to an administrative fine ranging from NTD 30,000 to NTD 750,000 (OSHA Article 45, Paragraph 1, Subparagraph 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 Highest Responsible Person: If a 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 Measures but have not yet been concluded, as well as pending cases accepted after the implementation, shall be subject to the new statutory procedures (Article 28 of the Regulations on Workplace Bullying Prevention Measures). 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 Regulations on Workplace Bullying Prevention Measures mentioned herein have been promulgated and will take effect on July 1, 2026.