Ordinance on Prevention of Hazards Due to Dust

(Indoor Workshop Requiring Working Environment Measurement)

Article 25.   The indoor workshop which disperses excessively dust of soil, stone, rock, mineral, metal or carbon provided for by the Ministry of Health, Labour and Welfare Ordinance based on item 1 of Article 21 of the Cabinet Order shall be defined as an indoor workshop in which specific dusty work is regularly carried out. 

(Measurement of Dust Concentration, etc.)

Article 26.   The employer shall measure the concentration of dust in the air periodically at least once in every six months in the indoor workshop stipulated in the preceding Article. 

2.   The employer shall, when conducting the measurements stipulated in the preceding paragraph in an indoor workshop where dusty work related to soil, stones, rocks or minerals from among the workshops stipulated in the preceding article is concerned, measure the free silica content in the dust. However, this provision shall not apply to the case where the free silica content in the soil, stones, rocks or minerals is clearly known.

3.   The employer shall, when he conducts the measurement stipulated in preceding two paragraphs make a record of the following matters each time and keep the records for seven years:

(1)  Date and time of measurements

(2)  Method of measurement

(3)  Places of measurement

(4)  Conditions of measurement

(5)  Results of the measurements

(6)  Name of person who made the measurements

(7)  Description of the improvement measures if such measures were taken as the results of the measurements.

(Evaluation of Result of Measurement)

Article 26-2.   When the measurement conforming to the provision of paragraph 1 or paragraph 2 of the preceding article or provision of paragraph 5 of Article 65 of the Law has been made as to the indoor workplace designated in Article 25, the employer shall promptly evaluate the result of the measurement by rating the condition of such workplace into the Control Class 1, Control Class 2 and Control Class 3 depending on the condition of the control of the working environment for each of such measurement.

2.   When the measurement conforming to the provision of the preceding paragraph has been made, the employer shall make the records of the following matters and keep them at least seven years:

(1)   Date and time of evaluation

(2)   Place where the evaluation was made

(3)   Result of evaluation

(4)   Name of the evaluator.

(Measures Based on the Result of Evaluation)

Article 26-3.   For the area of the workplace rated as a Control Class 3 as the result of the evaluation conforming to the provision of paragraph 1 of the preceding article, the employer shall promptly review the facilities, equipment, work process and work procedure and take the measures necessary for the installation of the facilities and equipment, improvement of the work processes and procedure and other measures for improving the working environment based on the result of such a review in order to upgrade the condition of said section of workplace to Control Class 1 or Control Class 2.

2.   When the measures conforming to the provision of the preceding paragraph have been taken, the employer shall measure the concentration of the dust in the area designated in the said paragraph and evaluate the result of the measurement in order to evaluate the effect of the said measures.

3.   Other than conforming to what is provided for in the preceding two paragraphs, the employer shall have the workers who are to work in the place designated in paragraph 1 use the effective respiratory protective equipment and take the measures necessary for maintaining the health of the workers such as medical examinations, etc.

Article 26-4.   For the area of the workplace rated as a Control Class 2 workplace based on the result of the evaluation conforming to the provision of paragraph 1 of Article 26-2, the employer shall endevour to review the existing facilities, equipment, work processes and work procedure and take the measures necessary for the installation of the facilities and equipment , improvement of the work processes and work procedures and other measures for improving the working environment based on the results of the review.