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Ordinance on Industrial Safety and Health
Ministry of Labour Ordinance No. 32 of September 30, 1972

Latest Amendments:
Ministry of Health, Labour and Welfare Ordinance No. 47 of March 30, 2007
In Japanese

Update : 2008.03.28

Part I General Rules

Chapter III Regulations Concerning Machines, etc., Dangerous and Harmful Substances

Section 1 Regulations Concerning Machines, etc.

Article 25 (Protective Measures for Projecting Parts, etc., of Moving Parts)
  • (1) The protective measures prescribed by the Ordinance of the Ministry of Health, Labour and Welfare set forth in Article 43 of the Act shall be as follows:
    • (i) To make projecting part of moving parts a sunk-head type, or to provide a cover;
    • (ii) To provide a cover or an enclosure for a power transmission or speed control sections.
Article 26 (Gas Masks Subject to Fulfill Construction Codes)
  • (1) Gas masks prescribed by the Ordinance of the Ministry of Health, Labour and Welfare set forth in paragraph (5) of Article 13 of the Order shall be as follows:
    • (i) Gas masks for carbon monoxide;
    • (ii) Gas masks for ammonium;
    • (iii) Gas masks for sulfurous acid gas.
Article 27 (Use of Machines, etc., Comply with Construction Codes)

(1) The employer shall, as regards the machines, etc., listed in Appended Table 2 of the Act and machines, etc., listed in each item of paragraph (3) of Article 13 of the Order, not use the said machines, etc., unless they fulfill the construction code or safety devices provided by the Minister of Health, Labour and Welfare set forth in Article 42 of the Act.

Article 27-2 (Matters Subject to Notification)
  • (1) The matters prescribed by the Ordinance of the Ministry of Health, Labour and Welfare set forth in Article 43-2 of the Act shall be as follows:
    • (i) Matters relating to the identification of the machines, etc., to be notified;
    • (ii) Facts that machines, etc., fall under any of each item of Article 43-2 of the Act.
Article 28 (Effective Maintenance of Safety Devices, etc.)
  • (1) The employer shall carry out the checkup and maintenance for a safety device, a cover, an enclosure, etc., provided pursuant to the Act and Ordinances based on the Act (hereinafter referred to as “safety device, etc.”) so that they may be used in effective conditions.
Article 29
  • (1) A worker shall, as regards the safety device, etc., observe the following matters:
    • (i) Not to remove the safety device, etc., nor to lose their function;
    • (ii) When it is necessary to temporarily remove the safety device, etc., or to lose their function, to obtain in advance the permission by the employer ;
    • (iii) When having removed the safety device, etc., or lost their functions by obtaining the permission of the preceding item, and after such necessity is over, to immediately restored to its original condition ;
    • (iv) When having found that safety device, etc., have been removed or been losttheir functions, to immediately report the facts to the employer.
  • (2) The employer shall promptly take appropriate measures when the report pursuant to the provision of item (iv) of the preceding paragraph has been made.
Article 29-2 (Publication of Self-inspection Guideline)

Section 2 Regulations Concerning Dangerous and Harmful Substances

Article 30 (Dangerous and Harmful Substances Subject to Indicate Their Names, etc.)
  • (1) The substances prescribed by the Ordinance of the Ministry of Health, Labour and Welfare set forth in item (xxxix) of Article 18 of the Order shall be the preparations and other substances containing the substances listed in the left column of the Appended Table 2 (excluding those that containing amount of the substances listed in the same column is the values listed in the right column of the same table and those listed in a reference column of the same table).
Article 31
  • (1) The substances prescribed by the Ordinance of the Ministry of Health, Labour and Welfare set forth in item (xl) of Article 18 of the Order shall be as follows:
    • (i) Preparations and other substances which contain Dichlorobenzidine and its salts and the content of Dichlorobenzidine and its salts is 1% in weight (of these substances);
    • (ii) Preparations and other substances which contain α-Naphthylamine and its salts and the content of α-Naphthylamine and its salts is 1% in weight (of these substances);
    • (iii) Preparations and other substances which contain Chlorinated biphenyl (alias PCB) and the content of Chrinated biphenyl is 0.1% or more and 1% or less in weight (of these substances);
    • (iv) Preparations and other substances which contain o-Tolidine and its salts o-Tolidine and its salts is 1% in weight (of these substances);
    • (v) Preparations and other substances which contain Dianisidine and its salts and the content of Dianisidine and its salts is 1% in weight (of these substances);
    • (vi) Preparations and other substances which contain Beryllium and its compounds and the content of Beryllium and its compounds is 0.1% or more and 1% or less of the weight of the said preparations and other substances (0.1% or more and 3% or less for alloy) (of these substances).
    • (vii) Preparations and other substances which contain Benzotrichloride and the content of Benzotrichloride is 0.1% or more and 0.5% or less in weight (of these substances).
Article 32 (Labeling of Names, etc.)
  • (1) The labeling pursuant to the provision of paragraph (1) of Article 57 of the Act shall be made by printing matters listed in each item of the same paragraph (hereinafter referred to as “indication items” in this Article) on the container or package of the substance concerned or by affixing labels on which the indication items have been printed. However, in the case when printing all the indication items on the package or container or affixing a label on which all the indication items are printed is difficult, indication by binding a label printed with the indication items around the package or container of the substance concerned may be permitted as regards the matters listed in (a)to (c) of item (i) and item (ii) of the same paragraph.
Article 33
  • (1) Matters prescribed by the Ordinance of the Ministry of Health, Labour and Welfare set forth in (e) of item (i) of paragraph (1) of Article 57 of the Act shall be as follows:
    • (i) Name (for a juridical person, its name), address and telephone number of a person who provides the labeling pursuant to the provision of paragraph (1) of Article 57 of the Act;
    • (ii) Warning statements;
    • (iii) Stability and reactivity.
Article 34 (Delivery of Documents)
  • (1) In the document pursuant to the provision of paragraph (2) of Article 57 of the Act shall be delivered in either of the cases of transfer or furnishing by other means than those as prescribed by paragraph (1) of the same Article. However, this shall not apply to the case where the said document is transferred or furnished continuously or repeatedly, and when the delivery of the said documents has been performed.
Article 34-2 (Dangerous and Harmful Substances Subject to Notify Their Names, etc.)
  • (1) The substances prescribed by the Ordinance of the Ministry of Health, Labour and Welfare set forth in item 634. of the Appended Table 9 of the Order shall be the preparations and other substances containing the substances listed in the left column of the Appended Table 2-2 (excluding those which contain the substances in the same column as designated in the right column and those listed in a reference column of the same table).
Article 34-2-2
  • (1) The substances prescribed by the Ordinance of the Ministry of Health, Labour and Welfare set forth in item 635. of the Attached Table 9 of the Order shall be as follows:
    • (i) Preparations and other substances which contain Dichlorobenzidine and its salts and the content of Dichlorobenzidine and its salts is 0.1% or more and 1% or less in weight (of these substances).
    • (ii) Preparations and other substances which contain a-Naphthylamine and its salts and the content of a-Naphthylamine and its salts is 1% in weight (of these substances).
    • (iii) Preparations and other substances which contain Chlorinated diphenyl (alias PCB) and the content of PCB is 0.1% or more and 1% or less in weight (of these substances).
    • (iv) Preparations and other substances which contain o-Tolidine and its salts and the content of o-Tolidine and its salts is 0.1% or more and 1% or less in weight (of these substances).
    • (v) Preparations and others which contain Dianisidine and its salts and the content of Dianisidine and its salts is 0.1% or more and 1% or less in weight (of these substances).
    • (vi) Preparations and other substances which contain Beryllium and its compounds and the content of Beryllium and its compounds 0.1% or more and 1% in weight (0.1% or more and 3% or less for alloy) (of these substances).
    • (vii) Preparations and other substances which contain Benzotrichloride and the content of Benzotrichloride is 0.1% or more and 0.5% or less in weight (of these substances).
Article 34-2-3 (Notification of Names, etc.)
  • (1) Methods prescribed by the Ordinance of the Ministry of Health, Labour and welfare set forth in paragraph (1) and (2) of Article 57-2 of the Act shall be the issue of magnetic disk, the transmission by facsimile device and other methods, and the person shall agree to accept those notifications by the said methods.
Article 34-2-4
  • (1) Matters prescribed by the Ordinance of the Ministry of Health, Labour and Welfare set forth in item (vii) of paragraph (1) of Article 57-2 of the Act shall be as follows:
    • (i) Name (for a juridical person, its name), address and telephone number of a person who provides the notification pursuant to the provision of paragraph (1) of Article 57-2 of the Act;
    • (ii) Summary of danger or toxicity;
    • (iii) Stability and reactivity;
    • (iv) Applicable legislation;
    • (v) Other matters that serve as reference.
Article 34-2-5
  • (1) The notification pursuant to the provision of paragraph (1) of Article 57-2 of the Act shall be performed by the time the notifiable substance in the same paragraph are transferred or provided. However, this shall not apply to the case where the notification has been performed, those substances which are transferred to and provided for continuously or repeatedly.
Article 34-2-6
Article 34-3 (Investigation of Toxicity)
  • (1) The investigation of toxicity pursuant to the provision of paragraph (1) of Article 57-3 of the Act shall be carried out prescribed as follows:
    • (i) Of a mutagenicity test, a test from which information equivalent to or better than that obtainable from a mutagenicity test or the carcinogenicity tests, to carry out any one of these tests
    • (ii) To carry out at the testing laboratory, etc., to be deemed as having the technical basis to properly conduct toxicity investigation with respect to the organization, facilities, etc..
  • (2) The standards related to the organization, facilities, etc., to be provided at the testing laboratory set forth in the item (ii) of the preceding paragraph shall be provided by the Minister of Health, Labour and Welfare.
Article 34-4 (Notification of Names of New Chemical Substances, Result, etc., of Investigations of the Toxicity Thereof)
  • (1) A person who intends to submit the notification pursuant to the provision of paragraph (1) of Article 57-3 of the Act shall submit the notification using Form No. 4-3 accompanied by the document showing the result of the toxicity test prescribed by paragraph (1) of the preceding Article for the new chemical substances prescribed by the same paragraph of the same Article of the Act pertaining to the said notification document (hereinafter referred to as “new chemical substance” in this section), the document certifying that the said test has been carried out at the testing laboratory, etc., which satisfies the standard provided by the Minister of Health, Labour and Welfare and the document indicating designed methods of manufacturing and handling of the new chemical substance to the Minister of Health, Labour and Welfare.
Article 34-5 (Application, etc., for Confirmation by the Minister of Health, Labour and Welfare to the Effect that Workers are not in Danger of Exposure to New Chemical Substances)
  • (1) A person who intends to receive the confirmation set forth in item (i) of paragraph (1) of Article 57-3 of the Act shall submit an application using Form No.4-4 to the Minister of Health, Labour and Welfare by 30 days prior to the day when the new chemical substance is to be first manufactured or imported based on the said confirmation, accompanied by the documents indicating the designed method of manufacture or handling of the new chemical substance.
Article 34-6
  • (1) The employer who has received the confirmation set forth in the preceding Article shall report to the Minister of Health, Labour and Welfare in writing without delay when there should arise any change in the matters stated in the application form or documents set forth in the same Article.
Article 34-7
  • (1) The Minister of Health, Labour and Welfare shall, when it has been deemed, based on the report pursuant to the provision of preceding Article or other reference, that workers are in danger of exposure to relevant new chemical substances after the confirmation set forth in item (i) of paragraph (1) of Article 57-3 of the Act has been granted, revoke the said confirmation and notify the employer concerned to that effect without delay.
Article 34-8 (Application for Confirmation by the Minister of Health, Labour and Welfare to the Effect that New Chemical Substances Do Not Have Toxicity)
  • (1) A person who intends to receive the confirmation set forth in item (ii) of paragraph (1) of Article 57-3 of the Act shall submit the application document using Form No.4-4 to the Minister of Health, Labour and Welfare by 30 days prior to the day when the new chemical substance is to be first manufactured or imported based on the said confirmation, accompanied by the document showing any knowledge, information, etc., of the effect that the new chemical substance concerned is free from toxicity as described by the next Article.
Article 34-9 (Toxicity Prescribed by the Ordinance of the Ministry of Health, Labour and Welfare Set Forth in Item (ii) of Paragraph (1) of Article 57-3 of the Act)
Article 34-10 (Application, etc., for Confirmation by the Minister of Health, Labour and Welfare Pertaining to Manufacture or Importation of New Chemical Substances in a Small Quantity)
  • (1) A person who intends to receive the confirmation set forth in Article 18-4 of the Order shall submit an application document using Form No.4-4 to the Minister of Health, Labour and Welfare by 30 days prior to the day when the new chemical substance is to be first manufactured or imported based on the said confirmation.
Article 34-11
  • (1) The confirmation set forth in Article 18-4 of the Order shall be valid for two years.
Article 34-12 (Notification)
  • (1) The Minister of Health, Labour and Welfare shall, when having received an application set forth in Article 34-5, 34-8 and 34-10, examine it and notify the applicant of the results of the said examination without delay.
Article 34-13 (Case Prescribed by the Ordinance of the Ministry of Health, Labour and Welfare Set Forth in Item (iv) of Paragraph (1) of Article 57-3 of the Act)
  • (1) Cases prescribed by the Ordinance of the Ministry of Health, Labour and Welfare set forth in item (iv) of paragraph (1) of Article 57-3 of the Act shall be those in which workers will not be exposed to new chemical substances such as those in which workers are not obliged to do the work of subdividing or repacking the said chemical substance domestically.
Article 34-14 (Publication of Names, etc., of the New Chemical Substances)
  • (1) The publication of names of new chemical substances pursuant to the provision of paragraph (3) of Article 57-3 of the Act shall be made within a year after the receipt of the notification pursuant to the provision of paragraph (1) of the same Article or after the confirmation set forth in paragraph (2) of the same Article (or in the case that the application pursuant to the provision of paragraph (1) of Article 36 of the Patent Act (Act No.121 of 1959) in regard to the said new chemical substances has been submitted, soon after the publication of application pursuant to the provision of paragraph (1) of Article 64 of the same Act or soon after the publication of patent application pursuant to the provision of paragraph (3) of Article 66 of the same Act has been made), as provided for by the next paragraph.
  • (2) The publication of names of new chemical substances shall be made periodically once every period within three months by publishing in official gazette.
Article 34-15 (Listening to Opinions of Persons of Learning and Experience)
  • (1) The Minister of Health, Labour and Welfare shall, when listening opinions of persons learning and experience pursuant to the provision of paragraph (4) of Article 57-3, nominate review members corresponding to the content of the subject to be reviewed, from among the candidate list of review members for the result of a mutagenicity test, etc., set forth in the next Article, and shall listen to the opinions of such members.
Article 34-16 (Candidates List of Review Members for the Results of Mutagenicity Test, etc.)
  • (1) The Minister of Health, Labour and Welfare shall entrust candidates of review member for the results of a mutagenicity test, etc., from those who have highly expert knowledge as regards the investigation of toxicity of chemical substances, and prepare and make public their name list.
Article 34-17 (Report to the Central Labour Standards Council)
  • (1) The Minister of Health, Labour and Welfare shall, when having listened the opinion of persons of learning and experience on the results of investigation of the toxicity of new chemical substances pursuant to the provision of paragraph (4) of Article 57-3 of the Act, report the content of such opinions to the Labour Policy Council within a year after the names of the new chemical substances concerned are officially published pursuant to the provision of paragraph (3) of the same Article.
Article 34-18 (Instructions to Investigate the Toxicity of Chemical Substances)
  • (1) Instructions pursuant to the provision of paragraph (1) of Article 57-4 of the Act shall be given in writing, indicating the names of chemical substances which are subject to the investigation of toxicity prescribed by the same paragraph, reasons for carrying out the said investigations, method of the said investigation and other necessary matters.
Article 34-19 (Employers Prescribed by the Ordinance of the Ministry of Health, Labour and Welfare Set Forth in Paragraph (1) of Article 57-4 of the Act)
  • (1) Employers prescribed by the Ordinance of the Ministry of Health, Labour and Welfare set forth in paragraph (1) of Article 57-4 of the Act shall be those who had manufactured, imported or used chemical substances that have the possibility of causing cancer or other serious impairment of workers' health.
Article 34-20 (Application)
  • (1) The provisions set forth in Article 34-15 and 34-16 shall apply mutatis mutandis to the case in which opinions by persons of learning and experience are to be obtained pursuant to the provision of paragraph (3) of Article 57-4 of the Act. In this case, the clause reading “results of a mutagenicity test, etc.” in these provisions shall instead be read as “the instruct regarding a carcinogenicity test”.
Article 34-21 (Report to the Central Labour Standards Council)
  • (1) The Minister of Health, Labour and Welfare shall, when having received from an employer a report regarding the results of investigations carried out on the toxicity of chemical substances based on the instructions given pursuant to the provision of paragraph (1) of Article 57-4 of the Act, report the content such a report to the Labour Policy Council within a year from the day such a report was received.

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