On December 2, the Legislative Yuan of Taiwan passed the amendment bill to the Occupational Safety and Health Act (OSHA), formally completing the legislative process. This represents the most significant revision to the Act since 2013. In addition to regulations concerning construction and contracting, a key aspect of this amendment is that the prevention of workplace bullying is no longer solely reliant on prevention guidelines issued by the competent authority under subsidiary regulations, but is now formally incorporated into the OSHA. 

1. Codification of Workplace Bullying Prevention Beyond addressing the rising trend of major occupational accidents, the amendment responds to societal demandsregardingthe increasing severity of internal corporate bullying. A special chapter on workplace bullying has been established within the OSHA, incorporating prevention regulations into the legal framework. 

Workplace Bullying is explicitly defined as: “Conduct based on the background of power dynamics in professional duties, exceeding the necessary and reasonable scope of business, persistently committed through improper speech or actions such as insults, intimidation, or isolation, causing harm to physical or mental health. However, for serious cases, persistent occurrence is not a prerequisite.” 

Corporate Obligations: 

• Internal Systems: Depending on the scale of the business, enterprises must establish internal complaint systems, prevention measures, and an investigation committee to handle complaints. 

• Mandatory Action: Regardless of business scale, employers must take necessary measures upon becoming aware of suspected workplace bullying. 

• Registration: The acceptance of complaints and the results of investigations must be registered on a website designated by the competent authority. 

• Involvement of Top Management: If the highest responsible person (e.g., CEO/Chairperson) is suspected of bullying, external reporting channels shall apply, establishing a mechanism for intervention by government agencies or professionals. 

• Re-investigation: If the competent authority or labor inspection agency deems that an enterprise’s investigation violates relevant regulations or contains major procedural flaws, they may order the employer to conduct a re-investigation. 

2. Strengthening Construction and Site Safety Countermeasures against occupational accidents in construction and work sites have been bolstered:

• Project Initiator Responsibilities: For construction projects above a certain scale, the project initiator (ordering entity) must conduct hazard predictions, allocate safety-related budgets, and prepare a Construction Safety Analysis Report starting from the planning and design stages. 

• Handover & Risk Assessment: Upon handing over for construction, the initiator must require the constructor to assess risks and adopt necessary preventive equipment and measures based on the aforementioned report. 

• Contractor Liability: Considering Taiwan’s complex multi-level subcontracting structure, stricter disaster prevention management responsibilities are imposed on the original contractor and subcontractors at all levels. 

3. Significant Increase in PenaltiesPenaltieshave been substantially adjusted: 

• Fatal Accidents: The maximum fine has been raised to NT$1.5 million, and the maximum imprisonment term has been increased from 3 years to 5 years. 

• Injuries to 3+ Persons: Penalties are synchronously increased (maximum fine raised from NT$180,000 to NT$1 million; maximum imprisonment raised from 1 year to 3 years). 

• Public Disclosure: When an enterprise violates the OSHA, in addition to the enterprise name and representative’s name, the competent authority will, in most cases, also publish the date of the occupational accident, the location, and the number of victims. 

4. Conclusion and Recommendations 

While the implementation date of the amended provisions is to be determined by the Executive Yuan, it is urgent for enterprises—particularly Japanese enterprises operating in Taiwan—to verify as early as possible whether their internal regulations, reporting systems, construction-related contracts, and management structures comply with the amendments. 

Delayed practical response may not only result in fines but also cause significant damage to the corporate image. Therefore, it is essential to continuously monitor the latest information and actively strengthen the legal compliance framework.