Chapter VI.  Medical Examination

(Medical Examination)

Article 29.  The work defined by the Ministry of Labour Ordinance provided for in item 6 of paragraph 1 of Article 22 of the Enforcement Order shall be work other than that stipulated in paragraph 1 of Article 3 out of organic solvent work at indoor workshops, etc. (restricted to the inside of a tank and the like in the cases of third-class organic solvents, etc.).

2.  The employer shall have workers who are regularly engaged in the work designated in the preceding paragraph undergo a medical examination by a medical doctor as to the following checkup points at the time of employment, before the transfer to the said work, and then periodically every six months.

(1)   Personal history of work.

(2)   History of sickness caused by organic solvents, history of subjective and objective symptoms, history of the results of the checkup items described in the bottom column of the attached table (restricted to the results of tests for the quantity of organic solvent metabolites in the urine) and history of the presence of abnormalities with relation to item 4 of this paragraph the items described in the lower column of the attached table (exclusive of tests for the quantities of organic solvent metabolites in the urine) and items (2) through (5) of paragraph 5.

 (3)  The presence of subjective or objective symptoms caused by organic solvents.

(4)   Presence or absence of protein in the urine.

3.  Besides the medical examination of the checkup items designated in the preceding paragraph, the employer shall have each employee who is regularly engaged in organic solvents work listed in the top column of the attached table undergo medical examination by a medical doctor on the checkup items listed in the bottom column of the same table according to the category of the organic solvent listed in the top column of the same table at the time of the employment, before transfer to the said work, and then periodically every six months.

4.  Notwithstanding the provision of the preceding paragraph, the checkup items of the medical examination (restricted to those for the periodical medical examination) designated in the preceding paragraph may be omitted for those workers who have received a medical examination of those checkup items (restricted to tests for the quantities of organic solvent metabolites in the urine) listed in the bottom column of the attached table, if deemed unnecessary by a medical doctor.

5.  If deemed necessary by a medical doctor, the employer shall have workers covered by the provision of paragraph 2 undergo a medical examination to cover all or some of the following checkup items in addition to the checkup items designated in paragraphs 2 and 3.

(1)   Examination of working conditions

(2)   Anemia

(3)   Liver function

(4)   Kidney function (exclusive of tests for the presence of protein in the urine)

(5)   Neurological internal examinations

(Results of Medical Examination)

Article 30.    The employer shall make up medical certificates (Form 3) including the diagnosis concerning the effect of the organic solvent for individual employees based on the result of the medical examination conforming to the provision of paragraph 2, 3 or 5 of the preceding article (inclusive of the result of the medical examination received by the workers concerned conforming to the conditional clause of paragraph 5 of Article 66 of the Law, and in the following article referred to as medical examination concerning organic solvents, etc.) and preserve such certificates for at least five years.

(Hearing the Views of a Medical Doctor Concerning the Results of the Medical Examination)

       Article 30-2. Under the provision of Article 66-2 of the Law, the views of a medical doctorbased on the results of the health examination concerning organic solvents, etc., shall be heard according to the following stipulations.

(1)   Within three months of the date of the medical examination concerning organic solvents, etc. (under the provision of the conditional clause of paragraph 5 of Article 66 of the Law, the date on which said worker submitted a document showing the results of the medical examination)

(2)   The views of the medical doctor shall be recorded on the personal medical examination certificate concerning organic solvents, etc.

(Report of the Results of Medical Examination)

Article 30-3.   The employer who has executed the medical examination (restricted to the periodical examination) for its employees conforming to paragraph 2, 3 or 5 of Article 29 shall submit a report (Form 3-2) on the result of the medical examination including the diagnosis of the effect of the organic solvent, etc., to the head of the competent local Labor Standards Inspection Office in time.

(Urgent Examination)

Article 30-4.   When a worker is seriously contaminated by or has inhaled large quantity of organic solvents, the employer shall have the worker examined or treated by a medical doctor as soon as possible.

(Exception of Medical Examination)

Article 31.  The employer may be exempted from carrying out medical examinations, and making up and preserving the medical certificates conforming to the provision of paragraph 2, 3 or 5 of Article 29 when approved by the Chief of the competent Labor Standards Inspection Office on the condition that the employer has carried out medical examinations conforming to paragraph 2, 3 or 5 of Article 29 and Article 30 for at least three consecutive years during which none of the workers has been newly diagnosed with an abnormality caused by organic solvents.

2.  The employer who wants to apply for the approval stipulated in the preceding paragraph shall file the Petition for Special Approval on Medical Examination for Workers Engaged in Organic Solvent Work (Form 4) accompanying the following documents relating to organic solvent work with the Chief of the competent Labour Standards Inspection Office:

(1)   A sketch of the workshop.

(2)   If the workshop is provided with a ventilation system or equipment to prevent the emission of organic solvent vapour, the drawings of the said system or equipment and a document indicating its performance.

(3)   The document showing the results of the medical examinations which have been conducted in the last three years conforming to the provision of paragraph 2, 3 or 5 of Article 29 for the individual workers who have engaged in work using organic solvents.

3.  The Chief of the competent Labour Standards Inspection Office shall, upon deciding whether or not to approve the Petition, notify the employer of the decision in writing as soon as possible.

4.  The employer who was approved in compliance with paragraph 1 shall, as soon as the items specified in the Petition and attached document of paragraph 2 have changed, report it in writing to the Chief of the competent Labour Standards Inspection Office.

5.  The Chief of the competent Labour Standards Inspection Office shall revoke the approval as soon as the workers engaged in organic solvent work related with the approval of paragraph 1 are judged to newly develop abnormality caused by organic solvents when the said officer has received the report stipulated by the preceding paragraph or inspected the workplace.