employer who illegally employed the worker is held fully responsible.145 The
NHRC notes that in the afternoon of September 30, 2010, a scaffold collapsed
at the construction site of the Bei Shan Interchange on National Freeway No.
6. This major occupational accident caused 7 deaths and 3 injuries; the 6
Indonesian migrant workers killed were all undocumented migrant workers.
In the morning of September 11, 2017, an occupational accident occurred in
Yilan City in which a migrant worker was buried alive at the construction site
of a public sewer project. The victim was later found to be an undocumented
Vietnamese fisher.
115. Recommendations:
(1) The NHRC is particularly concerned about undocumented migrant workers
not being able to access social security in the event of an occupational
accident, especially about those killed in public construction projects, as in
the above-mentioned cases. The government should consider the serious
impact of occupational accidents on migrant workers’ lives and health, and
include them in institutional protection measures.
(2) Due to an unwillingness to be identified and an inability to access
national health insurance, undocumented migrant workers’ right to
health and safety is greatly undermined. The NHRC recommends that the
government should, in accordance with §36 of General Recommendation
No. 30, establish relevant mechanisms to assist undocumented migrant
workers in seeking medical care in order to ensure that non-citizens are
not denied or restricted from access to preventive, curative, and palliative
health services.
145
82
MOL written reply dated January 13, 2023.
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