我國勞工安全衛生立法趨勢之調查研究

A Study of Labor Safety and Health Legislation Trend in Taiwan

為探討我國勞工安全衛生立法的未來趨勢，強化安全衛生管理，有效防止職業災害的發生，本研究透過問卷設計，瞭解事業單位對安全衛生法規的建議意見，並對國內安全衛生專家學者利用德爾菲問卷方法，針對安全衛生法規重要議題實施專家問卷及訪視，彙整某一程度之代表性意見，以供政府修法的參考依據。本研究重要結果包括機械源頭安全管制使不合防護標準之機械、器具不得設計、製造、輸入及販售。政府應立法要求雇主訂定安全衛生計畫，實施企業自主管理制度。對規模五十人以上的事業單位應設置勞工安全衛生委員會，並強化其功能。提高違規處罰額度，以提昇事業單位改善安全衛生績效。本研究針對專家問卷統計分析結果，提出擴大勞動保護者範圍，加強承攬商安全衛生管理，健全職業病陳報制度，強化勞工參與機制，並提出具體的安全衛生修法內容與主要條款。

Objectives of this study are to analyze the trend and impact of labor safety and health legislation, strengthen safety and health management, and prevent occupational accidents effectively in Taiwan. This is accomplished by conducting two surveys. Questionnaires for the enterprises were designed and conducted with an aim to understand their views and opinions on safety and health regulations. Questionnaires designed to obtain expert opinions on important safety and health regulations were conducted by the Delphi method. Significant and representative consensus reached in this study can be used as references for future amendment of labor safety and health legislation. The following conclusions of this study were made. Machinery safety must be controlled at the origin; therefore, machinery or tools shall be designed, manufactured, purchased and used in full compliance of safety standards. Competent government agencies should promulgate regulations requiring organizations to design comprehensive safety and health plans and implement voluntary management systems. Organizations with fifty or more employees shall organize a labor safety and health committee and ensure its effectiveness in promoting proactive safety culture. Heavy fines and punishment for violations of regulations should be imposed to enhance safety and health performance standard. The statistical analysis results through questionnaires of the experts yield clear views on expanding the scope of workers protection, reinforcing contractor safety and health management, establishing a comprehensive occupational disease reporting system, improving employee participation in safety management. The results provide valuable information for future safety and health regulation amendment.