Regulations for Subsidizing the Prevention of Occupational Accidents and the Rehabilitation of Workers Suffering Occupational Accidents
1.中華民國一百十一年三月三十一日勞動部勞職授字第 1110201575 號令 訂定發布全文 21 條;並自一百十一年五月一日施行 2.中華民國一百十三年十二月十二日勞動部勞職授字第 1130207547 號令 修正發布第 6、17、21 條條文;並自發布日施行
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These Regulations are drawn upon in accordance with Paragraph 3 of Article 62 of the Labor Occupational Accident Insurance and Protection Act (hereinafter referred to as the Act).
1The contents of occupational accident prevention and occupational accident labor rehabilitation subsidies stipulated in these Regulations are as follows:
2I Research and development and training of occupational accident prevention technology.
3II Labors suffering occupational accident prevention and occupational accident rehabilitation promotion.
4III Investigation and research on occupational injuries and diseases.
5IV Development and application of occupational injuries and diseases diagnosis and treatment.
6V Research / development and promotion of support facilities for occupational accident workers returning to the workplace.
7VI Related research for workers suffering an occupational accident to return to the workplace.
8VII Other related to laborers suffering occupational accident rehabilitation.
9The central competent authority shall, before the end of June each year, announce the priorities and priority subsidies for occupational accident prevention and occupational accident labor rehabilitation in the following year regarding the items in the preceding paragraph.
1Institutes and organizations applying for subsidies (hereinafter referred to as subsidized entities) shall formulate an implementation plan in accordance with the following items, fill in an application form, and submit it to the central competent authority before the end of August each year:
2I The name of the subsidized unit.
3II Project name.
4III Project goals and manpower requirements.
5IV Project owner qualifications.
6V Estimated budget table.
7VI Measurement.
8VII Project duration.
9VIII Expected results.
10IX The supporting documents and information that meet the subsidy conditions.
11
1Subsidized units that apply in accordance with Subparagraph 1, Paragraph 1 of Article 2 shall meet the following conditions:
2I Academic institutions, groups, or institutions or groups engaged in occupational accident research.
3II Project owners have one of the following qualifications:
4(I) Teachers who have been or are currently teaching occupational safety and health and occupational medicine courses in colleges and universities recognized by the Ministry of Education for more than three years.
5(II) Professionals with the current equivalent level for more than three years, and those who have experience in leading the research and development of occupational disaster prevention technology.
1Subsidized units that apply for occupational accident prevention promotion in accordance with Subparagraph 2, Paragraph 1 of Article 2 shall meet the following conditions:
2I Relevant organizations such as labor organizations, employer organizations or occupational accident labor organizations established by law.
3II The project owner has more than three years of experience in occupational safety and health promotion and practice.
1Subsidized units that apply for occupational accident labor rehabilitation promotion in accordance with Subparagraph 2, Paragraph 1 of Article 2 shall meet the following conditions:
2I Vocational rehabilitation institutions and medical institutions recognized in accordance with this Act, vocational training institutions for persons with disabilities, or social welfare institutions and medical institutions that are legally recognized to provide vocational training for persons with disabilities.
3II Project owners have one of the following qualifications:
4(I) Those with more than three years of teaching experience related to the functional rehabilitation, vocational rehabilitation and occupational medicine.
5(II) Those who have more than five years of practical experience in functional rehabilitation, vocational rehabilitation and occupational medicine.
1Subsidized units that apply in accordance with Subparagraph 3 or Subparagraph 4, Paragraph 1 of Article 2 shall meet the following conditions:
2I Academic institutions, groups, teaching hospital or institutions or groups engaged in occupational accident research.
3II Project owners have one of the following qualifications:
4(I) Teachers who have been or are currently teaching occupational safety and health and occupational medicine courses in colleges and universities recognized by the Ministry of Education for more than three years.
5(II) Those who have been attending physicians for more than two years.
6(III) Medical personnel with a Master's degree or above who have been engaged in occupational injury and disease investigation or research for more than three years.
1Subsidized units that apply in accordance with Subparagraph 5 or Subparagraph 6, Paragraph 1 of Article 2 shall meet the following conditions:
2I Academic institutions or institutions engaged in vocational rehabilitation services and occupational accident labor rehabilitation services.
3II Project owners have one of the following qualifications:
4(I) Teachers who have been or are currently teaching occupational safety and health and occupational medicine courses in colleges and universities recognized by the Ministry of Education for more than three years.
5(II) Professionals with the current equivalent level for more than three years, and those who have practical experience in vocational rehabilitation or occupational accident labor rehabilitation.
6(III) Those who have been engaged in vocational rehabilitation practice for more than five years, and have practical work experience in job redesign.
1For applications submitted by subsidized units, each project owner is limited to applying for one project per year.
2For applications with continuity in the preceding paragraph, the overall planning objectives, the annual work plan objectives, the annual implementation period, work items and budget estimates shall be submitted in the first year, and the applications shall be divided into years.
1The central competent authority shall conduct a preliminary examination of the required documents and qualifications when accepting an application case under Article 3.
2The central competent authority shall form an occupational accident prevention and occupational accident labor rehabilitation subsidy review team to review the cases that have passed the preliminary examination in the preceding paragraph.
3The central competent authority shall determine the amount of subsidy according to the examination results of the preceding paragraph, and allocate funds in installments.
In the review of the implementation plan of the preceding article, consideration shall be given to the annual occupational accident prevention and occupational accident labor rehabilitation priorities, funds, and expected benefits of the implementation plan.
1The central competent authority may conduct mid-term and final review according to the implementation plan results proposed by the subsidized unit, and conduct the review in the form of written, meeting or on-site review.
2If the planning period is less than six months, the mid-term review will be exempted.
3The central competent authority may, in accordance with the review conclusion in Paragraph 1, approve the adjustment work items and funds.
When the central competent authority deems it necessary, it may send personnel to conduct on-site inspections or account audits on the subsidized units; the subsidized units shall cooperate in providing the required relevant documents and materials, and shall not evade, obstruct or refuse.
Within 30 days after the completion of the implementation plan, or before December 5 every year, the subsidized unit shall submit the implementation results, the overview of the use of subsidy funds and other relevant information to the central competent authority. After review, the subsidized unit is confirmed to implement the implementation plan. After that, it shall be written off, and any remaining funds or subsidy funds that cannot be implemented for some reason shall be returned.
1If the subsidized unit falls under any of the following circumstances, the central competent authority shall not grant the subsidy; for those who have already subsidized, after revocation or abolition, they shall be ordered to return within a time limit by a written administrative sanction:
2I Provide false documents and information.
3II The approved implementation plan has not been implemented.
4III Evade, obstruct or deny inspection.
5IV Others violate the provisions of these Regulations.
6In the case of any of the circumstances in the preceding paragraph, the central competent authority may, according to the seriousness of the circumstances, list them as objects that will not be subsidized within five years; those involved in criminal responsibility shall be transferred to the judicial authority for investigation.
1The municipal or county (city) competent authority may apply to the central competent authority for subsidies when handling the matters in Subparagraphs 1, 3, 4 and 6 of Paragraph 1 of Article 62 of this Act.
2The municipal or county (city) competent authority that has approved the subsidy shall, within 20 days after the end of the year, compile the implementation results of the whole year and report it to the central competent authority for reference.
1The Incorporated Foundation of Occupational Accident Prevention and Rehabilitation Center (hereinafter referred to as the “Occupational Accident Prevention and Rehabilitation Center”) established in accordance with Article 70 of this Act shall handle subparagraphs 1, 3, 4 and 6 of Paragraph 1 of Article 62 of this Act may apply to the central competent authority for subsidies.
2The Occupational Accident Prevention and Rehabilitation Center that has been approved for subsidy shall, before the end of January each year, submit the implementation plan for the next year, the estimated budget and the business execution report for the previous year, and submit it to the central competent authority for review.
3The funds for the Occupational Accident Prevention and Rehabilitation Center to carry out the business subsidized by the central competent authority for carrying out the first item, except for administrative expenses, are surplus or cannot be carried out for any reason, and shall be paid back before the end of the year.
The central competent authority may entrust the Occupational Accident Prevention and Rehabilitation Center or relevant organizations to handle matters such as the acceptance of applications, the verification or review of implementation plans, on-site inspections or account audits of subsidized units, and appropriation of funds.
The funds required for the subsidy items stipulated in these Measures shall be covered by the budget of the Labor Occupational Accident Insurance Fund.
The format of the forms prescribed in these Regulations shall be prescribed by the central competent authority.
1These Regulations shall be enforced on May 1, 2022.
2The amendments to these Regulations shall come into force on the date of promulgation.
12If the documents mentioned in the preceding paragraph are not ready, the central competent authority may notify them to make corrections within a time limit; Those who do not make corrections within the time limit will not be accepted.
13The annual implementation period of the first implementation plan is from January 1 to December 31 of the following year.