A Study on Legal Responsibilities of Occupational Accidents in Civil Engineering and Constructions

• Main Authors: Kuan-Ting Liu, 劉冠廷
• Other Authors: Hui-Ping Tserng
• Format: Others
• Language: zh-TW
• Published: 2019
• Online Access: http://ndltd.ncl.edu.tw/handle/459d7b

碩士 === 國立臺灣大學 === 土木工程學研究所 === 107 === The occupational accident of civil engineers and constructions is ranked the highest and the most serious among the industries. This thesis is intended as a whole investigation of legal liabilities arising from the occupational accident by surveying the jurisprudence relating to occupational safety and health regulations. It will be useful to sketch out the topic through three types of legal liabilities: civil, criminal, and administrative liability. In terms of criminal liability, which is based on individual responsibility, firstly, this paper aims at clarifying the standard for determining the attributable employer in the scenario of multiple contractors; secondly, this paper surveys the jurisprudence on the issue of conflict between the Offense of Negligent Manslaughter under the Criminal Code and Offense of Occupational Incident under the Occupational Safety and Health Act. Turning to the civil liability, by inquiring the jurisprudence, this paper focuses on the common controversies between occupational compensation and civil liability for damages, such as the applicability of Comparative Negligence, the determination of “employer” and the scope of joint liability in the scenario of multiple contractors, the concept of “Statutory Provisions Intended for the Protection of Others” under the law of torts, and the notion of Employer’s obligation to protect employee. Last but not least, central to the administrative liability is the stop-work order in accompany with the occupational accidents. The criminal liability arising from the violation against stop-work order would also be discussed in this phase. By offering a whole picture on occupational safety and health regulations, the point I want to strengthen by this thesis is the awareness and incentive for employers to comply such regulations, and to enhance the risk assessment on occupational accidents.