Newsletter
Amendments to the Occupational Safety and Health Act
Amendments to the Occupational Safety and Health Act
Susan Lo/Gloria Chu
On December 2, 2025, the Legislative Yuan enacted amendments to certain provisions of the Occupational Safety and Health Act (hereinafter, the "OSHA"). The amendments encompass a total of twenty-five provisions, including six newly added provisions, and constitute the most significant revision since 2013.
The primary objectives of these amendments are to enhance workplace safety and to prevent workplace bullying. The key provisions include the following:
1. Strengthening the Responsibilities of Construction Project Owners in Preventing Occupational Accidents
Business entities (project owners) commissioning construction projects exceeding a specified scale are required to analyze potential hazards based on project characteristics, prepare safety and health diagrams, specifications, and budgets, and supervise contractors in implementing preventive measures to mitigate occupational accident risks.
2. Expanding Safety Management Obligations in the Context of Contract Outsourcing
When business entities outsource contracts, they are required to conduct risk assessments and notify contractors of potential hazards. In cases where workplaces or equipment are rented or lent, hazard notifications must be provided in advance. In instances of joint operations, disaster prevention management shall be implemented. Access control shall be enforced for machinery, equipment, tools, and personnel at construction sites, and subcontractors at all tiers shall adhere to the same procedures as the original business entity. Where a project owner commissions two or more contractors, one contractor shall be designated to assume overall responsibility for management affairs.
3. Addition of a Dedicated Chapter on Workplace Bullying Prevention, Specifying Employer Investigation and Remedial Procedures
(1) For the first time in Taiwanese law, a definition of workplace bullying is established. Following the amendments, employers are required to establish complaint channels and preventive measures and to make such channels and measures publicly accessible.
(2) Internal complaint investigation and remedial mechanisms are specified, including provisions addressing investigator conflict of interest avoidance. Employers are obligated to provide assistance and protection to complainants and must report complaint cases and outcomes to the central competent authority.
(3) Where the accused party is the highest-ranking individual within the organization, complaints may be submitted through external channels. The labor complaint procedures and deadlines are explicitly stipulated.
(4) Competent authorities may engage professionals or civil organizations to assist in investigations.
4. Enhancement of Criminal and Administrative Penalties
To incentivize employers to actively fulfill their occupational safety and health responsibilities, the amendments increase the terms of criminal imprisonment, fines, and the amounts of administrative penalties.
5. Introduction of Provisions for the Public Disclosure of Violations
To promote transparency, the amendments introduce regulations mandating the public disclosure of violations, including the dates of illegal acts, violated provisions, and penalty amounts. In the event of occupational accidents, the competent authority shall also publicly disclose the date, location, and number of casualties.
Pursuant to the Legislative Yuan’s incidental resolution, the Ministry of Labor is required to enact and amend relevant sub-regulations and establish supporting measures within six months in accordance with the amended provisions. The amendments are expected to come into full effect upon finalization of the related sub-regulations.
Lee and Li’s Labor Practice Group has long assisted enterprises in complying with the OSHA requirements and resolving related disputes. Should you require any assistance, please do not hesitate to contact the experts of our Labor Practice Group.