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Ordinance on Industrial Safety and Health
Ministry of Labour Ordinance No. 32 of September 30, 1972
Ministry of Health, Labour and Welfare Ordinance No. 47 of March 30, 2007
Part I General Rules
Chapter V Restriction on Employment
Article 41 (Qualifications Regarding Restriction on Employment)
Article 42 (Special Exemption in Vocational Training)
- (1) The employer may, in the case of necessity to engage a worker who is to receive the approved vocational training pertaining to the accreditation set forth in paragraph (1) of Article 24 of the Human Resource Development and Promotion Act (hereinafter referred to as” trainee”) for having the trainee obtain the necessary skills in works listed in item (ii), (iii), (v) to (viii) or (xi) to (xvi) of Article 20 of the Order, and when having taken following measures, have the said trainee engage in the said works after six months from the commencement of the vocational training (five months for a trainee of the training course with six months and who is to engage in item (ii), (iii), (v) to (viii) of Article 20 of the Order, three months for a trainee of the said training course and who is engaged in the work listed in item(xi) to (xvi)) not withstanding the provision of paragraph (1) of Article 61 of the Act:
- (i) To have the vocational training instructor advise the trainee on the matters necessary for preventing possible danger or health impairment from the work to be performed throughout the period during which the trainee is supposed to engage in such work.
- (ii) To provide the trainee with prior education concerning the matters necessary for the maintenance of safety and health during the work to be performed.
- (2) The employer may, in case of necessity to engage in the work listed in item (x) of paragraph (1) of Article 20 of the Order, and having taken the measures set forth in the preceding paragraph, not withstanding the provision of paragraph (1) of Article 61 of the Act, have the said trainee engage in the said work immediately upon the commencement of the vocational training.
- (3) The provisions of paragraph (2) of Article 61 of the Act shall not apply to the trainee in the cases set forth in the preceding two paragraphs.