勞動檢查法第二十八條所定勞工有立即發生危險之虞認定標準

This definition is prepared in accordance with Paragraph 2, Article 28 of the Labor Inspection Law.

1Categories with potential of imminent danger are:

21. Falling.

32. Electrification.

43. Collapsing, cave-in.

54. Fire, Explosion.

65. Intoxication, oxygen deficiency.

1Following circumstances are potentials of imminent danger under the category of falling:

21. The edge and opening area of workplaces that have height difference exceeding 2 meters, without matching regulated protective measures such as guarding rail, protective cover, safety net or safety belt as safety measure.

32. Not using elevated workstation or using scaffolding to set up work platform while working at places that have height difference exceeding 2 meters. Where it is difficult to set up work platform, safety net or safety belt is not installed.

43. When working at easily penetrable rooftop, such as asbestos board, corrugated sheet (iron board), clay tile, board, straw, and plastic rooftop, non-penetrable bridges with at least 30 centimeters in width or safety net or safety belt is not in place.

54. Workplace has height difference exceeding 1.5 meter without proper elevation pathway in accordance with the safety regulations.

65. Workplace within a steel structure with height difference exceeding 2 floors or 7.5 meters not having safety net and enough clearance area below, and blockage exists between workplace and its safety net.

76. Labors entering work platform at height of 2 meter and above to transport goods or operate machinery without safety rope or safety belt or any other equipment to protect, or work platform does not have safety railing to prevent labors from falling while movable crane lifting work platform to undertake goods and machine transport, steel cable is under work tension and circumstance is not un-preventable.

1Following circumstances are potentials of imminent danger under the category of electrification:

21. Parts and areas of electrical machinery that carry electricity without anti-electrification protection or insulation protection coverings where workers at work or in movement have potential of being electrified by physical contact (including electrified through contacting a conductor) or by bearing.

32. Employ movable or portable electrical machine/tool with relative to ground voltage at 150 volts and above, or employ movable or portable electrical machine/tool at area saturated with water or with conductive liquid, on metal sheet or on steel scaffolding or other electrical conductive area without installing suitable high sensitive, high speed ground fault interceptor (electric leakage break-off instrument) to the employed machine/tool standard that can perform accurately at each sub-circuits of the machine/tool to power supply.

43. While performing work at small work area within an electrical conducting installation, or on steel scaffolding or other areas with conductive object connecting/touching the ground, with electric welder using alternate current (excluding robotic welder) without electric shock self-protection devise.

54. While in the proximity of elevated wires or wires of electrical machines, performing the installation, removal, inspection, repairing, painting, and other associated works of the work tool/machines, or employing construction machine on automobile, movable crane, working platform cart at high elevation and performing other related works, machines and carts employed for such work or labors may be electrified due to contact or getting near the circuits during work or in movement while labors are not kept at safe distance regulated by the standard away from the object carrying electricity, no protective railing is installed or insulated protective installation is not installed around the circuit, or the removal of the circuit is not completed.

1Following circumstances are potentials of imminent danger under the category of collapsing and caving:

21. Scaffolding is not firmly attached to a stable structure within 5.5 meters in vertical direction and within 7.5 meters in horizontal direction.

32. Where excavation depth exceeds 1.5 meters in an open cut site, or ground surface has potential of cave-in, rock sliding, shoring, anti-circulation pilings, slurry walls, bank protection or protective net is not installed.

43. Where structure support, rock bolt, or gunite support is not built, and loose stones are not removed where potential of stone falling or land sliding exists in tunnel or trench. When shoring, protective net, loose stone removal or bank protective measures is not in place at areas near and around the entrance or exit of tunnel and trench where landslide and rockslide are of potential threats. The land foundation is soft at areas near and around the entrance or exit of tunnel and trench where rebar protective measures is not built to provide necessary protection.

54. Area around the base of form support which may induce water retention which causes site platform becomes soft, or soft site platform has not been enforced to increase its loading capacity.

1Following circumstances are potentials of imminent danger under the category of fire and explosion:

21. When performing welding, forging, or use of open flame, or has the potential to produce sparkles on pipes, storage trough, tank and other storage container containing harmful materials, oil and grease, combustible dust and other dangerous materials, the contents have not been removed before-hand and cleared of danger.

32. Examination of the density of vapor containing inflammable liquid or that of stationary combustible gases has not been performed prior to the beginning of work at workplace with potential of fire and explosion caused by the aforementioned vapor or gases. When the density of inflammable liquid or combustible gases reaches within 30% of its safety limit, labors have not been evacuated immediately to safety and the use of fire and of machines that may ignite have not all put into stop.

43. Ventilation, exhaustion, dust-cleaning, de-static and other necessary installations have not been installed at workplaces where potential of fire and explosion caused by storing of vapor with inflammable liquid, combustible gases and dust exist.

54. While performing improvement, repair, cleaning, removal on installations containing chemicals and peripherals of its kind where hazardous materials leakage may endanger labors and no assigned personnel to set double control on valves or switches or to set blind boards.

65. No proper drainage system and other necessary measures to prevent explosion caused by vapor at buildings with installations for processing melted materials at high temperature and workplaces processing or disposing high temperature slag.

1Following circumstances are potentials of imminent danger under the category of intoxication and oxygen deficiency:

21. Fresh air supply mask is not provided to labors or the proper use of the mask is not enforced at workplaces where organic solvent or its mixture have previously stored, poorly ventilated workplace, or workplaces located inside a storage trough where leakage-proof installation, local exhaustion installation or air exchange installation for the entire workplace has not been installed.

32. When manufacturing, processing or using management installation for chemicals categorized in item 1 of Class 3 or in Class 4 prescribed in the standard of hazard prevention for specific chemicals, proper installation of monitors measuring temperature, pressure, and flow, and automatic alarm system installation is not in place.

43. When manufacturing, processing or using management installation for chemicals categorized in

5item 1 of Class 3 or in Class 4 prescribed in the standard of hazard prevention for specific chemicals, stoppage device on the supply and transport of raw materials, materials, and supplies, installation for loading finished products, installation for cooling water, or supply of inert gases has not been installed.

64. While processing or using chemicals categorized in item 1 of Class 3 or in Class 4 prescribed in the standard of hazard prevention for specific chemicals, instant alarm system on leakage and installation of container for chemicals necessary in removing the hazard has not been installed.

National competent authority may define other potentials of imminent danger and make public announcement.

These Definitions shall be in effect from the day of promulgation.