
On enforcement of Ministerial Ordinance for amending a part of the Ordinance
on Industrial Safety and Health, Ministerial Ordinance for amending a part
of Ordinance on Safety of Boilers and Pressure Vessels and Ministerial
Ordinance for amending a part of Ordinance on the Prevention of Organic
Solvents Poisoning (abstract)
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I. Ordinance on Industrial Safety and Health
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1 |
Points of revision
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(Item 1 through 8 omitted)
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9 |
The toxicity investigation on new chemical substances shall
be conducted at test facilities, etc. which have technical base necessary
to carry out the toxicity investigation in appropriate manner with respect
to the organization, facilities, etc. (related to Article 34-3).
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10 |
As a document to be attached to the notification by those who
are required to submit the notification related to Paragraph 9, a document
which certifies that the relevant investigation was carried out at a proper
test facilities, etc. shall be additionally included. (related to Article
34-4).
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(Item 11 through 15 omitted.)
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2 |
Details
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(Item 1 through 5 omitted.)
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6 |
Related to Article 34-3
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(1) |
The clause "that is recognized to be provided with the
organization and basic technical potentiality" of Item 2 of Paragraph
1 means that the test facilities, etc. have the organization, facilities,
equipment, apparatus, etc. necessary for conducting the toxicity investigation
in a proper manner and are recognized to be properly administered and managed,
and specifically, the organization, facilities, equipment, apparatus, etc.
conform to the standard prescribed by Minister of Health, Labour, and Welfare
pursuant to the provisions of Paragraph 2.
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(2) |
The "standard to be satisfied by the test facilities,
etc. for conducting mutagenicity studies" so far in the notification
of Director-General of Labour Standards Bureau of Ministry of Labour (LSB
Notification No. 261 dated May 18, 1985) has been now prescribed by the
ML Notification pursuant to the provision of Paragraph 2. The "Standard
for Investigation by Mutagenicity Studies using Microorganisms" shown
in the above notification has also been prescribed by the ML Notification
pursuant to the provisions of Paragraph 1 of Article 57-2 of Industrial
Safety and Health Law.
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7 |
Related to Article 34-4
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(1) |
(Deleted)
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(2) |
The "document to certify that the said toxicity test has
been conducted using the test facilities meeting the requirement of the
Minister of Health, Labour and Welfare" shall be the following documents.
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1) |
The document that states the name of the test facilities, etc.,
location, date of establishment, main party of establishment, articles
of association, organization, personnel composition, site area, stories
and total floor area of the building in which the facilities, etc. are
located, and outline of the location, kinds, contents, etc. of the equipment
and apparatus. If any brochure concerning the appearance of the building,
main facilities, etc. is available, this shall be attached.
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2) |
The document that states the name and responsibilities of the
personnel (including study director) engaged in the study related to the
notification in the test facilities, etc., their curriculum vitae, research
career, names of academic societies or learned societies they belong to.
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3) |
Name and post of the person responsible for quality assurance
of the study related to the notification.
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4) |
The statement of the management or the study director certifying
that the relevant toxicity investigation has been carried out and compiled
at the test facilities, etc. which satisfy the standard prescribed by Minister
of Health, Labour, and Welfare (for the study carried out overseas, such
a standard can be replaced with GLP of the relevant county recognized to
conform to OECD-GLP).
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(3) |
Notwithstanding the provisions of Paragraph (2) above, the
documents of Paragraph (2) may be replaced with any of the following documents.
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1) |
A copy (limited to that whose date of inspection recited on
the relevant notification is within 3 years before the completion of the
toxicity investigation related to the relevant notification) of judgment
notification granted to the effect that the relevant test facilities, etc.
have satisfied the standards prescribed by Minister of Health, Labour,
and Welfare based on the results, etc. evaluated in conformity to Annex
"Guidelines for certification of compliance with Industrial Safety
and Health Law GLP concerning test facilities, etc." (partly amended
by LSB No. 146 dated March 11, 1997 "Amendment for Guidelines for
certification of compliance with the Industrial Safety and Health Law GLP
concerning test facilities, etc.") to LSB No. 123 dated March 17,
1989 "Establishment of Guidelines for certification of compliance
with Industrial Safety and Health Law GLP concerning test facilities, etc."
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2) |
A copy of the notification of evaluation results based on the
GLP investigation to the effect that the facilities for conducting studies
for application for approval of manufacture, etc. of pharmaceuticals pursuant
to the provisions of the Pharmaceutical Affairs Law (Law No. 145, 1960)
satisfy the relevant standards granted from PMSB Director-General of MHLW
to the applicant based on the results of evaluations on the compliance
of the test facilities with the "MHW Ordinance concerning Standards
for Non-Clinical Safety Studies on Pharmaceuticals" (1997 Ordinance
No. 21 of Ministry of Health and Welfare), or a copy of notification on
evaluation results based on the GLP investigation to the effect that the
test facilities, etc. satisfy the relevant standards granted by Director
of the Organization for Drug ADR Relief R&D Promotion and Product Review
to the applicant or a copy of the certificate of GLP compliance (including
a copy of the judgment notification of the compliance with the relevant
standards granted by PMSB Director-General of MHW issued on and before
June 30, 1997 to the applicant and a copy of the judgment notification
of the compliance with the relevant standards granted by PMSB Director-General
of MHW issued from July 1, 1997 to January 5, 2001, to the applicant, and
limited to a copy whose date of the execution of investigation recited
in the relevant notification is within 3 years before the completion of
the toxicity investigation related to the relevant notification and whose
study subject to the investigation recited in the relevant notification
contains items of toxicity investigation attached to the notification.)
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3) |
For the test facilities, etc. confirmed to the effect that
the test facilities, etc. are "the test facilities, etc. which possess
facilities, equipment, personnel, etc. necessary for securing the quality
of test results and which is properly administered and managed" as
provided in Article 4 of the Order (1974 Ordinance No. 1 of Prime Minister's
Office, Ministry of Health and Welfare, and Ministry of International Trade
and Industry) for prescribing the items, etc. of the studies related to
the new chemical substances and the toxicity investigation related to the
designated chemical substances pursuant to the provisions of Article 4
and Article 24 of the Law concerning Examination and Regulation of Manufacture,
etc. of Chemical Substances (Law No. 117, 1973), a copy of judgment notification
granted by PMSB Director-General of MHLW to the applicant for confirmation
(including a copy of the judgment notification granted by EHB Director-General
of MHW to the applicant for confirmation issued on and before January 5,
2001, and limited to the copy whose date of the execution of inspection
recited in the relevant notification shall be within 3 years before the
completion of the toxicity investigation and whose study subject to investigation
recited in the relevant notification contain the items of the toxicity
investigation attached to the notification).
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4) |
The document or a copy thereof that certifies the governmental
agency of the relevant country or the organization that corresponds to
this has confirmed that the relevant test facilities, etc. conform to GLP
of the relevant country, whose GLP has been recognized to conform to OECD-GLP,
when the toxicity investigation has been conducted at the test facilities,
etc. in a foreign country (if the employer cannot obtain the above-mentioned
document because GLP does not exist in the relevant country or due to other
good reasons, the employer shall be instructed to consult with Chemical
Substances Investigation Division, Safety and Health Department, Labour
Standards Bureau, Ministry of Health, Labour, and Welfare).
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(4) |
I n order to confirm the matters recited in the document
of Paragraph (2) or (3) notified, the test facilities, etc. shall be inspected,
and the management of the test facilities, etc. shall be asked to report,
etc. as required.
With respect to the inspection and other results evaluation,
etc., Appendix "Guidelines for inspection on Industrial Safety and
Health Law GLP" of Annex "Guidelines for certification of Compliance
with Industrial Safety and Health Law GLP concerning test facilities, etc."
(partly amended by LSB Notification No. 146 dated March 11, 1997 "Amendment
to Guidelines for Certification of compliance with Industrial Safety and
Health Law GLP concerning test facilities, etc.") of LSB Notification
No. 123 dated March 17 1989 "Establishment of Guidelines for Certification
of Compliance with Industrial Safety and Health Law GLP concerning test
facilities, etc." shall be applied mutatis mutandis. |
(The rest is omitted.)
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