Pneumoconiosis Law

(Purpose of this Law)

Article 1.  This Law aims at contributing to the maintenance of workers' health as well as the promotion of their welfare by proper preventive means, supervision of health and any other necessary measures against pneumoconiosis.

(Definitions)

Article 2.(Amended)  In this Law, the terms listed in the follows items shall be defined as set forth in each corresponding item:

(1)   The term "pneumoconiosis" shall be defined as diseases consisting mainly of fibrotic changes in the lungs due to inhalation of dust.

(2)   The term "complications" shall be defined as diseases recognized as closely related to pneumoconiosis according to the progress of pneumoconiosis such as pulmonary tuberculosis complicated by pneumoconiosis.

(3)  The term "dusty work" shall be defined as a type of work recognized as threatening the workers engaged in the work concerned may suffer from pneumoconiosis.

(4)   The term "worker" shall be defined as a worker (excluding the worplaces employing cohabiting family member only or those members working at the said workplace, and employees for domestic chores) as defined in Article 9 of the Labour Standards Law (Law No. 49 of 1947).

(5)   The term "employer" shall be defined as an employer as defined in Article 2, item 3, of the Industrial Safety and Health Law (Law No. 57 of 1972), who operates an undertaking involving dusty work.

2.   The scope of complications shall be provided for by Ministry of Health, Labour and Welfare Ordinance.

3.   The scope of dusty work shall be provided for by Ministry of Health, Labour and Welfare Ordinance.

(Medical Examination on Pneumoconiosis)

Article 3.  Medical examination on pneumoconiosis under the provisions of this Law shall be conducted in the following manner:

(1)   Examination of the occupational history related to dusty work and examination of radiographic appearances (by a radiograph taken of the whole chest by the directradiography; hereinafter the same.).

(2)   Clinical examination of the chest, and pulmonary function test, based on the method as provided for by Ministry of Health, Labour and Welfare Ordinance.

(3)  Detailed tuberculosis examination based on the method as provided for by Ministry of Health, Labour and Welfare Ordinance and other examination as provided for by Ministry of Health, Labour and Welfare Ordinance.

2.   The examination and test referred to in item 2 of the preceding paragraph shall be conducted with respect to persons other than those whose cases have been diagnosed as not affected by pneumoconiosis as the result of examination referred to in item 1 of the said paragraph. Persons with radiograph appearances of large opacities spreading over one-third or more of a lung (limited to opacities due to pneumoconiosis; the same applies to the following paragraph and Article) and other persons provided for by Ministry of Health, Labour and Welfare Ordinance shall be excluded from the pulmonary function test.

3.   The detailed tuberculosis examination referred to in item 3 of paragraph 1 shall be conducted with respect to persons whose cases as the result of examination (excluding the pulmonary function test) referred to in items 1 and 2 of the said paragraph have been diagnosed as having contracted pulmonary tuberculosis or as suspected of contraction, among those whose cases have been diagnosed as affected by pneumoconiosis; and examination, referred to in item 3 of the said paragraph, provided for by Ministry of Health, Labour and Welfare Ordinance shall be conducted with respect to persons whose cases as the result of examination and test referred to in items 1 and 2 of the said paragraph have been diagnosed as suspected of a complication of a disease other than pulmonary tuberculosis (limited to those who have been deemed requiring examination, referred to in item 3 of the said paragraph, provided for by Ministry of Health, Labour and Welfare Ordinance), among those whose cases have been diagnosed as affected by pneumoconiosis, provided that persons whose radiographic appearances are deemed containing large opacities spreading over one-third or more of a lung shall be excluded.

(Radiographic Appearances and Classification for Supervision of Pneumoconiosis)

Article 4.  Radiographic appearances of pneumoconiosis shall be classified into the four categories of Categories I to IV as specified in the right column of the following table:

2.   In compliance with the provisions of this Law, workers now engaged, and persons who used to be workers engaged, in dusty work shall be subject to supervision of health, based on the result of medical examination on pneumoconiosis, by being classified for supervision of health into the four groups of No. I to IV as shown in the right column of the following table:

Classification for supervision of pneumoconiosis		Result of medical examination on pneumoconiosis
No. I		Persons deemed not affected by pneumoconiosis.
No II		Persons whose radiographic appearances are found to correspond to Category I and a considerable degree of pulmonary dysfunction due to pneumoconiosis is not found.
No III	A	persons whose radiographic appearances are found to correspond to Category II and a considerable degree of pulmonary dysfunction due to pneumoconiosis is not found.
	B	Persons whose radiographic appearances are found to correspond to Category III or IV (limited to those containing large opacities smaller than one-third of a lung field) and a considerable degree of pulmonary dysfunction due to pneumoconiosis is not found.
No IV		(1) Person whose radiographic appearances are found to correspond to Category IV (limited to those containing large opacities larger than one-third of a lung field) (2) Persons whose radiographic appearances are found to correspond to Category I, II, III or IV (limited to those containing large opacities smaller than one-third of a lung field) and a considerable degree of pulmonary dysfunction due to pneumoconiosis is found.

(Prevention)

Article 5.  With respect to the prevention of pneumoconiosis, the employer and the workers engaged in dusty work, while complying with the provisions of the Industrial Safety and Health Law and the Mine Safety Law (Law No. 70 of 1949), shall in addition endeavour to take proper measures for preventing and, controlling the emission of dust, using personal protective equipment, etc.

(Education)

Article 6.  The employer, while complying with the provisions of the Industrial Safety and Health Law and the Mine Safety Law, shall provide the workers regularly engaged in dusty work with education necessary for the prevention of pneumoconiosis and supervision of health.