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A Study on Protection System for Workers Incurring Occupational Accidents in TaiwanWeng, Mei-ling 27 August 2006 (has links)
The related and sound method, juridical protection, prevention, compensation and reconstruction for the whole domestic occupational accident labor protection system, currently lack of more thorough research on it. In order to understand the problem of occupational accident labor protection system, this study was adopted by qualitative in-depth interviews and comparatively second data to analyze subsidies of the implements, current method evaluations and influences of the administration for occupational accident labor protection system. There were 18 interviews, who divided into 4 categories including 3 administrators, 2 workers, 6 managers and other scholars. In view of interviews and related theories, the study examined occupational accident labor protection system in Taiwan, and concluded on the following chapters:
1.According to Occupational Accident Labor Protection Act and its Enforcement Rules, these relativity compiled related laws and regulations through the website¡]intranet¡^that integrated the database of information. It was not only convenient for workers to find out various rights of this Act, but also modified related Occupational Accident Labor Protection Act and regulations, build up more complete occupational accident labor protection system and reformed the direction for juridical protection. Firstly, the prevention of occupational accidents was for workers; Secondly, the responsibility of compensation was undertaken by the social insurance, moreover the atypical employment need to be protected and esteemed in the field of occupational accidents.
2.The implemented system of the occupation accident prevention needs to be strengthened, carrying out educational safety and health training, creating enterprise safety and health culture, re-examining the related regulations, and solving the managed problems of machinery or equipment determined to be potentially dangerous. To look into the policies of construction industry with the constructing of safety problems, identify the explicit standard basis of occupation accidents, build up complete supervising system of the occupation accidents, promote the quality of the labor health inspection, enhance the prevention of occupation health, and gives workers e a predominant position for safety and health.
3.The subsidies of occupation accidents were allocated according to the tendency of ¡§need", increasing family subsidies for occupation accidents, preventing from receiving various subsidies before the family problems were happened, strengthening the implementation of the occupation accidents for employer compensation system.
4.It carefully sets up the complete reconstructed system of occupation accidents, enhances occupation reconstruction, builds up the assessed mode of occupation accidents with the damaged degree of workers, integrates the welfare services of medical treatment, labor affairs, and social affairs, and constructs the perfect and complete mechanism of rebuilt occupation accidents.
According to this study, the suggestion and reform of occupational accident labor protection system were presented as followed:
1.In legislative views: In the short-term goal, the various regulations of occupational accident subsidies have to be simplified with one-way law or regulation, and in the long-term goal, it need draw up "the occupational accident insurance act" in the future.
2.In administrative views:
(1)With revising each regulation related occupational accident labor protection, the labor dispatched protection law will be enacted that strengthens the worker¡¦s rights and protections for the atypical employment model in the occurrence of occupational accident labor protection.
(2)The resolving problems of occupational accident labor protection system include: we have to strengthen educational safety and healthy training, resolve potentially dangerous machinery or equipment managed problems, solve construction industry building safe problems, re-examine occupational accident identified problems, reviser complete related regulations of occupational accident supervisory system, amend the quality of labor physical examinations, enhance the labor safety and health guidance and inspection, resolve occupational accident insurance benefits and subsidizing procedures and build up complete the reconstruction of occupation accident system.
3.The subsidies of occupation accidents were allocated according to the tendency of ¡§need¡¨, increasing family subsidies for occupation accidents, preventing from receiving various subsidies before the family problems were happened, strengthening the implementation of the occupation accidents for employer compensation system.
4.In employee views: Workers have the good habit of working safety and strengthen related occupation accident labor protection system and measure, coagulate union consciousness, express collective efforts, by means of the negotiation of labor union and the employer to fight for their benefits and rights.
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