Hazardous Work Place Review and Inspection Rules

2. Hazardous Work Place Review and Inspection Rules • May 02,1994 (Announced) • July 10,2002 (Amended) • June 10,2005 (Amended) http://laws.cla.gov.tw/Chi/FLAW/FLAWDAT01.asp?lsid=FL015049

5. Article    2 This rule is applicable to the following categories of work places: • Category A: refers to work places in which basic petrochemical raw materials are produced through cracking reactions, or work places in which hazardous materials above the quantities specified in the Attachments 1 and 2 of the Enforcement Rules of the Law are manufactured, processed or used. • Category B: refers to work places in which agriculture chemicals are synthesized using Methyl isocyanate, hydrogen chloride, ammonia, formaldehyde, hydrogen peroxide or pyridine, or in which explosives are produced from chemicals. • Category C: refers to steam boilers with heat transfer surface area over 500 m2 , or pressurized vessels containing pressurisd gases with daily refrigeration capacity over 150 MT, or with the following processing capacities: • oxygen, toxic or inflammable pressurized gases over 1000 m3; • all other pressurized gases over 5000 m3. • Category D: refers to the following construction works: • construction of building with top floor level above 50m. • construction of bridges with centers of piers above 50m apart. • construction using pressure construction method. • horizontal tunnel construction above 1000m in length or vertical tunnel construction above 15m in depth. • construction involving excavation of depth above 15m, or more than 4 basement floors and excavation area above 500 m2. • construction involving scaffolding with height above 7m, or area above 100 m2 with scaffolding supporting above 60% of the area. • Others as specified and promulgated by the governing authority in the Central Government.

11. Article 5 To apply for the review of Category A Work Place by labor inspection authorities, enterprises should complete the application form (Form 1) and attach three copies of the following documents: • Basic information on safety and health management (Attachment 1) • Process safety evaluation report (Attachment 2) • Process change safety plan (Attachment 3) • Emergency response plan (Attachment 4) • Audit management program (Attachment 5)

12. Attachment 1: Basic information on safety and health management • Enterprise organizational chart • Management of dangerous and hazardous materials. • Work place environmental testing and monitoring plan. • Management of dangerous machinery and equipment. • Medical and occupational health management. • Labor safety and health organization, personnel and procedures. • Labor safety and health management rules. • Self-inspection plan. • Contractor management plan. • Worker education and training plan. • Incident investigation and response plan. • Floor plan of the work place, drawn to the scale by which the following items can be clearly identified: • Name, location and number of dangerous machinery and equipment. • Name, location and quantity of dangerous and hazardous materials. • Location of control room. • Location of fire control systems. • Possible location and number of visitors and workers (including contractors).

13. Attachment 2: Process safety evaluation report • Description of the process: • Preliminary Hazard Analysis: Identify major potential hazards in the work place through analysis using one of the following safety evaluation methodologies. The process shall be recorded and recommendation for improvement shall be summarized. • Checklist • What-If Analysis • Hazard and Operability Study. • Fault Tree Analysis • Failure Modes and Effects Analysis • Other safety evaluation methodologies approved by the governing authority in the Central Government. • Process hazard control • Report shall include signatures of all participants in process safety evaluation (indicating function, position, name; practicing professional engineers shall affix official seals.), and certification and qualification documentation required by Article 6 of this Rule.

14. Attachment 3: Process change safety plan Process change safety plan shall include the following at the minimum: • Process change procedure • Safety and health impact evaluation measures. • Process operating manual revision measures. • Process data update measures. • Worker education and training measures. • Other supplementary measures.

15. Attachment 4: Emergency response plan Emergency response plan shall include the following at the minimum: • Emergency response operating process and organization: • Emergency response organizational structure and responsibilities. • Location and facility of emergency response control center. • Emergency response operating process and description • Assignment of emergency response equipment and contact information for external assistance. • Emergency response drill plan and drill record (simulating general and worst case scenarios. • Revision of emergency response plan.

16. Attachment 5: Audit management program Audit management program shall include the following at the minimum: • Auditing items: • Process safety evaluation • Normal operating procedure. • Emergency operating procedure. • Process change safety plan. • Worker education and training plan. • Self-inspection plan. • Contractor management plan. • Emergency response plan. • Audit procedure • Audit organization and responsibilities. • Audit record and follow-up.

17. Article 6 – part 1 According to actual need of the operation, enterprises shall organize a committee consisting of the following personnel for evaluation prior to submitting documentation specified in the previous article: • Person in charge of the work place. • Person with domestic or foreign professional training in process safety evaluation, or person with process safety evaluation professional capability (with documentation), and approved by governing authorities in the Central Government. • Labor safety and health personnel. • Supervisor of the operation in the work place. • Workers familiar with the operation in the work place.

18. Article 6 – part 2 If the enterprise does not have process safety evaluation personnel specified in item 2 above, or deems it necessary, may include the following professionals with active certifications who have also completed domestic training for process safety evaluation. One person may possess one or more of the professional certifications listed above. Review process and results specified in Paragraph 1 shall be documented. • Industrial Safety Professionals and one of the following professionals(1) Professional Chemical Engineer(2) Professional Industrial and Mining Hygienist(3) Professional Mechanical Engineer(4) Professional Electrical Engineer • Professionals specified above employed by technical consulting firms.