日本與台灣營造業自營作業者職災預防制度之變革與啓示

Safety and Health Regulations for Self-Employed Workers in Japan’s Construction Industry: Comparative Insights for Taiwan

為改善近年來營造業重大職災未能有效下降問題，勞動部於2024年11月7日提出職業安全衛生法部分條文修正草案，旨在加強事業交付承攬的安全管理，並明定自營作業者的防災責任。由於營造業自營作業者不具勞工身分，事業單位如何在工作場所管理及保障其安全衛生，為本次修法的重點之一。日本為保障營造業自營作業者的安全衛生，於2022年與2025年修正勞動安全衛生法及相關法規，增訂事業單位對自營作業者照顧告知義務與預防職災義務。本文以日本法制為比較對象，概觀日本的預防職災制度，並就日本修法重點進行評析，以供台灣未來修法參考。

To address the ongoing issue of major occupational accidents in the construction industry, which have not significantly declined in recent years, Taiwan’s Ministry of Labor proposed a draft amendment to certain provisions of the Occupational Safety and Health Act on November 7, 2024. The proposed revisions aim to strengthen safety management in subcontracted projects and to explicitly define the disaster prevention responsibilities of self-employed workers. A key issue addressed by the amendments is how business entities should manage and ensure the occupational safety and health of self-employed workers, who are not classified as employees under existing labor laws. In Japan, to protect self-employed workers in the construction industry, amendments to the Industrial Safety and Health Act were made in 2022 and 2025. These amendments introduced obligations for business entities to provide information and care to self-employed construction workers, as well as to implement measures for preventing occupational accidents. This paper uses Japan’s legal reforms as a comparative reference, provides an overview of Japan’s occupational accident prevention system, and analyzes the key points of the legal amendments, offering insights for potential future legislative reforms in Taiwan.