The Comparative Research Of The Cross-Straits Occupation Safety And Health Legislation

The study of occupational safety and health problems plays an important role in many aspects. which can give some advices to protect the workers’ occupational health rights and maintain a steady social order.By literature study and comparative analysis to compare the generality legislation of the Cross-Straits in the occupational safety and health and the detailed legal provisions, this thesis concludes that the mainland areas of China can draw lessons from the Taiwan region occupational safety and health legislation in the following aspects: abandon the legislative purpose of paying equal attention to both economic and social, expand on the applicable range, transfer from mandatory regulation to social legislation and pay attention to the results on the legislative types. In the aspect of employer’s obligations, the China’s mainland continental can draw lessons from the Taiwan region to protect laborer from overwork and mental stress damage to worker’s health, the protection for the women workers should transfer from protective legislation to authorized one. In the aspect of workers’ occupational safety and health rights, taking the example of Taiwan law, the scope to publish the database of illegal information should be expanded, and the rights of unions and workers to participate in drawing up relevant rules and regulations of workplace safety should be given. The ideas of limiting the workers’ rights to emergency shutdown should be changed into "do not hurt other workers’ safety". The provision on the principle of employer’s liability without fault in the field of occupational safety and health should be expressed, and eliminate the disadvantage that the current employers assume liability for fault outside the employment injury insurance field. In addition, the Taiwan region can learn many experiences from the mainland about the workers’ rights on government regulation, social participation, legal liability, etc. in the occupational safety and health field, such as adding the laborers’ right to void dangerous operations; encourage employers to cover an occupational safety and health responsibility commercial insurance; increase the governmental law enforcement measures; improve the criminal sentencing caps of occupational safety and health, etc.