Chapter VI. Health Management
(Medical Examination)
Article 53
The employer shall have each of its workers who are regularly to be engaged
in the work designated in item (4) of paragraph 1, Article 22 of the Enforcement
Order undergo the medical examination by a medical doctor as to the checkup
items listed hereunder at the time of employment, at the time of transfer
to the said work and every six months thereafter (annually for those workers
who are engaged in the lead work designated in item 17 of Attached Table 4
of the Enforcement Order and in i) through h) of item (5) of Article 1 and
those workers who are engaged in the cleaning work in the said lead work place).
(1) Contents of the jobs in which
the worker has been engaged in the past.
(2) History of subjective and
objective symptoms caused by lead and the result of previous medical examinations
concerning the matters listed in items (4) and (5).
(3) Examination of the presence
of subjective or objective symptoms normally considered to have been caused
by lead.
(4) Lead content level in blood.
(5) Delta amino-levulinic acid level
in urine.
2.
Notwithstanding the provisions of the preceding paragraph for medical examinations
(restricted to those carried out regularly at least once every six months),
those who received an examination concerning the checkup items designated
in items (4) and (5) of the preceding paragraph in the previous medical
examination may be exempted from receiving an examination concerning the
said checkup items if deemed unnecessary by the physician.
3.
Where workers are regularly engaged in work specified by item (4) of paragraph
1 of Article 22 of the Enforcement Order and it is deemed necessary by
the physician, the employer shall have the workers undergo a medical examination
by a physician which covers all or some of the checkup items listed below
in addition to the medical examination designated under the provision of
paragraph 1.
(1) Examination of working
conditions.
(2) Anemia.
(3) Protoporphyrin level in
the red blood cells.
(4) Neurological examinations.
(Results of
Medical Examinations)
Article 54.
The employer shall make up individual medical examination cards (Form 2)
forhis/her workers, and store them for at least five years, based on the
results of the medical examination based on the provision of paragraph
1 or 3 of the preceding Article (including the results of the medical examination
conforming to the conditional clause of paragraph 5, Article 66 of the
Law, called "lead medical examination" in the following Article).
(Hearing of Views of the Physician Concerning the Results of Medical Examinations)
Article 54-2. Under the provision
of Article 66-2 of the Law, the hearing of the views of the physician based
on the results of the lead medical examination shall be carried out with
the following stipulations:
(1) Within three months of the date when the lead medical
examination was carried out (where the conditional clause of paragraph
5 of Article 66 of the Law applies, the date when the said worker submitted
the document showing the results of the medical examination)
(2) The views of the physician are to be recorded on
the individual lead medical examination cards.
(Reporting of
the Results of Lead Medical Examinations)
Article 55.
The employer who has conducted the medical examination for his/her workers
conforming to the provision of paragraph 1 or 3 of Article 53 shall submit
the report on the result of lead medical examination (Form 3) to the chief
of the competent local Labour Standards Inspection Office without delay.
(Diagnosis)
Article 56. If a worker,
during the period of being engaged in lead work or within 4 weeks after discontinuing
the lead work, is found to have abdominal colic pain, paralysis of extensor
muscle or paraesthesia of extremities, to be pale looking, or to have ache
in joints or muscles, or complains of these symptoms, the employer shall promptly
have the worker checked by a medical doctor.
(Prohibition
of Lead-Poisoned Workers, etc. from Working)
Article 57.
The employer shall prohibit from working for the period deemed to be necessary
by the medical doctor lead-poisoned workers and those workers who are diagnosed
by the medical doctor as not being appropriate to be engaged in lead work
to sustain their health based on the results of the medical examination
conducted conforming to paragraph 1 or 3 of Article 53 or the results of
the medical examination conforming to the preceding paragraph.
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