| 摘要: | 摘 要：
台灣表演藝術劇場行業工作，長久以來相關工作人員，多數以自由工作者、工作室、或５人以下小型公司等形式存在，其事業體薄弱，工作權益難以保障。且表演藝術產業經營模式特殊，在非以經營獲利為前提下，其勞、雇關係認定模糊困難。臨時雇主或表演團體對勞動法令生疏，因經費有限及風險管理觀念不足，以致發生職業災害時，未有適度保險理賠可支應，又或臨時雇主需支付龐大職災賠償，這些都讓勞、雇雙方生活陷入困境。
劇場技術人員中自由工作者高達六成人員無勞工保險，然二十多年來數次申請成立劇場技術職業工會，卻都遭主管機關拒絕。在時有耳聞的職災中，文化部坐視不斷發生的劇場職業災害，卻未見相關部門（文化部、勞動部）有任何組織管理的調整與政策改革因應。期以本研究提昇劇場勞動風險管理，降低職業災害之發生。
本研究以先導個案廣泛蒐集產業資深工作者職災經驗、了解劇場工作特性，再由先導個案職災資訊中篩選取樣個案，以深度訪談方式進行研究，探求人員遭遇職災時，所遇到的困境、迫切待改革之劇場安全管理，進而建立劇場勞動安全政策及風險管理建議，期有效控制並改善職業災害，建構安全友善的工作環境。本研究綜合歸納結論建議如下：
1. 成立職業工會，保護從業人員勞動權益。
2. 受政府補助之團體及演出，強制規範人員投保，以保障勞雇雙方權益。
3. 推動職能技術認證，提昇人員專業素質。
4. 劇場管理立法規範，勞動安全管理法令分階段施行：一.法令推廣、二.單位試行、三.強制實施。
5. 建立劇場安全職業災害風險管理系統，使事故前、事故時、事故後管理系統建全。
6. 建立劇場職業災害通報系統，以科學管理進行作業矯正或環境改善。
7. 勞工安全教育及通識課綱實施，加強人員安全教育。
關鍵詞：劇場安全、職業災害、風險管理、職業工會、技術認證
;Abstract
In the history of theater performance art in Taiwan most relevant personnel exist in the form of freelancers, workshops or a small company with no more than five people. As a result, this business is so weak that its employment right can hardly be protected. With the unique business model of non-profitable operation, the relationships between the employees and employers are identified ambiguously and hard in the theater performance art. Meanwhile, temporary employers or performance groups are unfamiliar with the regulations of Labor Law. Due to the limited budget and insufficient knowledge of risk management, both employees and employers will live in despair,when occupational accidents happen. They are unable to apply for any compensation on their injuries, or when the temporary employers need to pay a huge amount of compensation for sudden occupational accidents of their theaters.
Among all of the theater technicians, freelancers surprisingly occupy 60 percent, who do not even have the social security insurance – labor insurance. However, they have applied several times to set up the Union of Theater Performance Art for more than twenty years but have been rejected by the authorities. In the occasionally heard occupational accidents, our Ministry of Culture has ignored the theater occupational casualties which happened constantly, but none of any relevant ministries (such as the Ministry of Culture and the Ministry of Labor) takes any initiative to make any organizational adjustment and to figure out any measures for policy improvement. Therefore, it is expected that this study can help enhance the theater labor risk management and reduce the chance of casualties.
First, this study focuses on case studies in which several experienced personnel’s occupational casualties in this industry were widely collected and stage working characteristics were explored. Second, several cases were picked and sampled from the information of the interviewed occupational accidents. In-depth interviews were also undertaken to identify the staff’s plight they encountered. Theater risk management policies are desperately needed when they encounter occupational accidents. Furthermore, it is expected that establishing theater labor safety management and coming up with suggestions on risk management can efficiently control and improve occupational casualties, in order to construct a safe and friendly working environment. The concluded suggestions of this study are made as follows:
1. Establish the labor union for sound protection of the personnel’s employment right.
2. Enforce insurance on the personnel who receives government subsidies as a group or in performance to secure both employees’ and employers’ rights.
3. Give an impetus to vocational skill certification to advance personnel’s expertise and quality.
4. Make the laws of theater management and enforce the Labor Safety and Management Law by phases: (1) law promotion; (2) organizational trial execution; (3) enforcement and implementation.
5. Build up the risk management system of occupational accidents for the theater safety to make the management system sound and complete prior to casualties, when casualties occur as well as after casualties.
6. Set up the notification system of theater occupational accidents, in an attempt to conduct work corrections or environmental improvement by means of scientific management.
7. Carry out labor safety education and arrange the general education curriculum to strengthen the personnel’s awareness of safety education.
Keywords: Theater Safety, Occupational Accident, Risk Management, Labor Union, Certification |
