Chapter V-II.  Management of Specific Types of Work, etc.

(Measures concerning Chlorinated Biphenyl etc.)

Article 38-5.   When the employer has workers engage in the work of handling chlorinated biphenyl, etc., he/she shall comply with the items given below.

(1)   Before the commencement of a day's work, a checkup shall be made of the status of the containers containing chlorinated biphenyl, etc., and whether there is contamination with chlorinated biphenyl, etc., in places where the said containers are placed.

(2)   When the said checkup is made to find abnormalities, the employer shall take necessary measures, such as repair of the said containers and removal of chlorinated biphenyl leaking from the said containers, etc.

(3)   When putting chlorinated biphenyl, etc., into its containers or taking it out of the containers, the employer shall have workers use the devices in a structure thereby to directly join containers by pouring or draining mounts to prevent chlorinated biphenyl, etc., from leaking.

Article 38-6.   In respect to the containers used for carrying or storing chlorinated biphenyl, etc., which are contaminated with the said chlorinated biphenyl, etc., on their internal surfaces, the employer shall indicate information of the contamination at locations on the said containers easily visible to the workers concerned.

(Measures concerning Asbestos, etc.)

Article 38-7.   In addition to the cases as provided in the respective items as given below, the employer shall not have workers engage in spraying work with the substances as set forth in (4) of item 2, Attached Table 3 of the Enforcement Order, or the substances as described in item (4) of Attached Table1.

2.   When taking the measures as given below, the employer is allowed to have workers engage in spraying of asbestos, etc., over steel frames, etc., used as pillars, etc., of buildings.

(1)   In order to protect the workers engaged in construction work from their being contaminated with asbestos, workshops therein to put said substances, etc., used for spraying into its containers, or to take them out or mix them with others are to be indoor ones which are separated from the workshops in which the said workers areengaged in construction work.

(2)   The employer shall have workers engaged in the said spraying work put on air-supplied respirators or self-contained compressed air breathing apparatus and protective clothes.

3.   When the workers are ordered by the employer to wear personal protective equipment as provided in the preceding two paragraphs, they shall wear the said protective equipment.

Article 38-8.   When the employer has workers engage in the types of work given in the respective items, he/she shall make  (the substances listed in item (4) or (5) of paragraph 1 of Article 16 of the EnforcementOrder, substances listed in item (10) of the same paragraph (restricted to those related to item (4) and (5) of the same paragraph), substances listed in 4, item 2 of Attached Table 3 of the Enforcement Order and substances listed in item (4) of Attached Table 1 of the this Ordinance (hereinafter, referred to as "Asbestos, etc.") humid, provided that this does not apply in respect to the cases where it is extremely difficult to make the asbestos, etc., humid.

(1)   Work thereby to cut, perforate, and grind asbestos, etc..

(2)   Work thereby to spread and pour asbestos, etc. , or to breakup and dismantle the substances covered with asbestos, etc.

(3)   Work thereby to put powdered asbestos, etc., into containers or to take them out of the containers.

(4)   Work thereby to mix powdered asbestos, etc.,

2.   The employer shall provide containers with covers in order to enable workers engaged in the said types of work to put pieces of asbestos into the containers at the place where the work is done.

   Article 38-9. When having workers engage in any of the work covered in each of the items of paragraph 1 of the preceding Article, the employer shall have the said workers use respiratory protectiveequipment.

   2. When having workers engage in work covered by the provisions of the preceding paragraph, the employer shall have the said workers use work clothing. However, this shall not apply where the employer has the said workers use protective clothing.

   3. Workers shall use protectiveequipment, etc., specified under the provisions of the preceding two paragraphs when directed to do so by the employer.

   Article 38-10. When engaging in the demolition, etc., of buildings, the employer shall carry out a survey of the locations in advance and use of asbestos, etc., in the said buildings using their building plans, etc., and keep a record of the results in order to prevent health impairment to workers due to asbestos, etc. 

   Article 38-11. When in engaging in the demolition, etc., of buildings where asbestos has been sprayed onto ferro-concrete used as pillars, etc., the employer shall keep the workplace for the removal of the said asbestos, etc., separate from workplaces where other work is carried on.

(Measures concerning Coke Furnaces)

Article 38-12.   When the employer has workers engage in the work of manufacturing cokes on the surfaces of coke furnaces or near to those furnaces, the employer shall comply with the items as provided in the following.

(1)   In terms of the devices thereby to put coals, etc., into coke furnaces, the devices thereby to push cokes out of the coke furnaces, the apparatuses thereby to carry cokes to the coke-extinguishing cars, or the coke-extinguishing cars, they shall be made in a structure therein to prevent gases, vapour, or dust in powder  of specified chemical substances, etc., dispersed from the said coke furnaces (hereinafter referred to as "substances dispersed from coke furnaces") from entering into the drivers' rooms of the devices or apparatuses.

(2)   Installation shall be made in the facilities therein to tightly close the substances dispersed from coke furnaces or of local exhaust ventilation systems at locations of the said coke furnaces' inlets for putting coals, etc., into the furnaces and also at locations to which cokes are carried out or pushed out from the said coke furnaces.

(3)   The said local exhaust ventilation system as provided for in compliance with the preceding paragraph or facilities thereby to extinguish the fire of cokes carried out onto the said extinguishing cars shall be provided with dust-exclusion devices either with liquid-scrubbing or filtration system, or those with performance superior to these devices.

(4)   In order to make the decrease in internal pressure of the said coke furnaces when coals, etc., are put into the said furnaces, measures shall be taken thereby to provide required devices in the ascending pipes, etc.

(5)   In order to prevent "substances dispersed from the coke furnaces" from leaking from the joints between the ascending pipes and the pipes' cover plates, measures shall be taken thereby to tightly connect the said ascending pipes to the pipes' cover plates.

(6)   The opening or closing of covers for inlets, from which coals are pushed into the coke furnaces when coals are forwarded into the furnaces, shall be conducted by remote control operation in separate remote-controlled rooms in order to prevent the contamination of workers with substances dispersed from the coke furnaces.

(7)   In respect to work on the coke furnaces or near to the coke furnaces in terms of the manufacturing of cokes, the operation rules shall be established by the employer in respect of the items as given below in order to prevent the said workers from being contaminated with the substances dispersed from coke furnaces, and work shall be conducted in compliance with the rules.

a)   Operation of the devices thereby to put coals, etc., into the said coke furnaces.

b)   Operation of facilities installed in the said ascending pipes as set forth in item (4).

c)   Checking of the presence or absence of the leakage of substances dispersed from the coke furnaces from the joints between the said ascending pipes and the ascending pipes' cover plates, and also from contacting surfaces between the closed inlets, when closed, for carrying coals into the said coke furnaces, and the inlets' covers.

d)   Work thereby to remove substances adhering to the covers of the inlets from which coals, etc., are pushed into the coke furnaces.

e)   Work thereby to remove substances adhering to the insides of the said ascending pipes.

f)   Checking and storage of protectiveequipment.

g) In addition to the items as described in a) to f), measures necessary for prevention of contamination of the said workers with the substances dispersed from the coke furnaces.

2.   The provisions as set forth in items (1) to (3) inclusive of Article 7 and Article 8 are applicable to the local exhaust ventilation systems as provided in item 2 of the preceding paragraph.

(Measures concerning Fumigation Work)

Article 38-13.   When the employer has workers engage in fumigation work using methyl bromide, etc., he/she shall comply with the provisions set forth in the following. 

(1)   The measurement of concentrations of hydrogen cyanate or methyl bromide in the air at the places where fumigation work is conducted of warehouses, containers, holds, etc., shall be made possible at locations outside the places stated herein.

(2)   The spraying or dispersing of fumigation drugs shall be done outside the place where fumigation work with the chemicals is conducted in warehouses, containers, holds, etc., provided that this does not apply in respect to the case where the workers are made to wear air-suppliedrespirators, self-contained compressed air breathing apparatus or separation-type gas masks when they are engaged in the said fumigation work of warehouses or containers.

(3)   Checkup shall be made of whether leakage of methyl bromide, etc., from the places where the said fumigation work is being conducted of warehouses, containers, holds, etc., has occurred.

(4)   When the said checkup is done to find out the occurrence of abnormalities resulting from the fumigation work, necessary measures shall be taken immediately by repairing sealing used, etc.

(5)   The employer shall prohibit workers from entering into places such as warehouses, containers, holds, etc., where fumigation work is being conducted, and also indicate this prohibition in writing at locations easily visible to the workers, however,  this does not apply in  a case in which the purpose of entering is to inspect the effects of the said fumigation work, and also in which the workers concerned are made to wear air- supplied respirators, self-contained compressed air breathing apparatus or separation-type gas masks, and also in which watchmen are placed.

(6)   When opening doors or hatchboards of the places such as warehouses, containers, holds, etc., where fumigation work is being conducted, measures shall be taken which are necessary for confirmation of the direction in which wind is flowing in order to prevent the said workers from being contaminated with methyl bromide, etc., running from said places.

(7)   The said warehouse fumigation work or container fumigation work shall be conducted in compliance with the provisions set forth in the following.

a) The places for which fumigation work is conducted shall be sealed in order to prevent methyl bromide, etc., from leaking from the places.

b)   Before the commencement of spraying or dispersing of chemicals for fumigation, the confirmation shall be made of firm sealing and refuge made for the workers concerned from the warehouses or containers which will be subjected to the fumigation with chemicals.

c)   When the fumigation is carried out on a portion of a warehouse interior, workers other than those workers involved in the fumigation work shall be prohibited from entering into the warehouse interiors where fumigation is not beingconducted. Written information shall be posted which says that fumigation with the drugs is being conducted at places easily visible to the workers concerned.

d) In a case in which workers are made to enter into the interior of warehouses or containers where fumigation is being conducted with the said chemicals, for the first time after doors, etc., to the interior have been opened or in a case in which workers are made to enter into the places in which no fumigation has been done, of a warehouse in which partial fumigation has been conducted, the employer shall carry out in advance the measurements of the concentration of hydrogen cyanate or methyl bromide in the air in the places where fumigation has been carried out in the said warehouses or containers or in the places where no fumigation has been conducted in the said warehouses or containers. In both cases, the employer shall make the measurement of the concentration of hydrogen cyanate or methyl bromide in the air in the areas of the said warehouses or containers in which no fumigation has been carried out, at the outsides of the warehouses or containers.

(8)   Fumigation work with tents shall be carried out in compliance with the items given below.

a) In order to prevent the leakage of methyl bromide from the tents under which fumigation is being carried out, the tents shall be securely fixed or fastened by means of nets or ropes, and the peripheral portions of the tents shall be covered with earth and sand, to securely fix the tents.

b)   Before commencement of the fumigation with chemicals to spray or disperse the chemicals, a checkup shall be made of whether there are any broken portions in the tents or not.

c) In the case in which the check is carried out as set forth in the preceding item b), repair and other necessary measures shall be taken for the tents immediately, if broken portions have been found.

d)   When spraying or dispersing chemicals for fumigation, necessary measures such as confirmation of wind direction,, etc., shall be taken in order to prevent workers from being contaminated with methyl cyanate leaking from the tents.

(9)   In carrying out silo fumigation work, the work shall be done in compliance with the items given below.

a)   Silos in which fumigation is to be carried out shall be tightly closed at their openings, etc., in order to prevent the leakage of methyl bromide from the silos concerned, provided that this does not apply in respect to a case in which it is extremely difficult to   tightly close the openings of the silos, etc.

b)   Before the commencement of the spraying or dispersing of chemicals for a fumigation purpose, confirmation shall be made of the tight closure of silos where fumigation is to be carried out with the chemicals.

c) The employer shall prohibit workers from entering into the silos in which fumigation with the said chemicals has been carried out until confirmation has been made of the fact that there is no fear that the workers may be contaminated with methyl bromide, and shall indicate in writing information at locations easilyvisible to workers.

(10) The fumigation of sampans shall be carried out in compliance with the items given below.

a) The place of the sampans, in which fumigation is to be carried out, shall be covered with tents to prevent the leakage of methyl bromide from the said tents.  

b)   Dwellings, etc., near the places in which fumigation is to be carried out shall be of a structure such that the said dwellings, etc., are prevented from their being flooded with methyl bromide, etc., or necessary measures shall be taken thereby to prevent the inflow of methyl bromide, etc., into the dwelling rooms,, etc., using sealing , etc.

c)   Before the commencement of fumigation with chemicals, checkup shall be made as to whether there are broken portions in the tents used for the fumigation or not.

d) In a case in which the checkup is carried out, as set forth in the preceding item c), repair and other necessary measures shall be taken for the tents immediately, if broken portions have been found.

e)   Before the commencement of the fumigation with chemicals, confirmation shall be made of necessary measures taken, such as the sure fixation of the sealing for prevention of the inflow of methyl bromide, etc., into the dwelling rooms, etc., and also of the evacuation of the workers concerned from the places where fumigation is to be carried out.

f)   When the workers concerned are made to enter into the places in which fumigation has been carried out, or into dwelling rooms, etc., near to the said places immediately after the tents used for the said fumigation have been removed, or when the workers concerned are made to enter into dwelling rooms, etc., near the place in which fumigation is being carried out, measurements shall be made of the concentrations of hydrogen cyanate or methyl bromide in the air in the said places or dwelling rooms, etc. In this case, the measurement of the concentrations in the air in the said dwelling rooms, etc., shall be carried out outside the said dwelling rooms, etc.

(11) In-ship fumigation shall be carried out in compliance with the respective items given below.

a) The holds which are subjected to fumigation shall be tightly closed with vinyl sheets, etc., at their openings, etc., in order to prevent the leakage of methyl bromide, etc., from the holds.

b)   Before the commencement of the fumigation with chemicals, confirmation shall be made of tight sealing of the holds which will be subjected to fumigation with vinyl sheets, etc., and also of the evacuation of the workers concerned from the said holds.

c)   When workers are first made to enter into fumigated holds or into dwelling rooms, etc., near to the said holds after the vinyl sheets which have been used for sealing the holds have been removed or when workers are made to enter into the dwelling rooms, etc., near to the holds under fumigation, measurements shall be made of the concentrations of hydrogen cyanate or methyl bromide in the air in the said holds or the dwelling rooms, etc, In both cases the measurement of the concentrations of hydrogen cyanate or methyl bromide in the air in the said dwelling rooms, etc., shall be made outside the said dwelling rooms, etc., exclusive of the case that the said workers are made to wear air-suppliedrespirators, self-contained compressed air breathing apparatus or separation-type gas masks.

(12) When the results of the measurements, made in compliance with the provisions set forth in d) of item (7), f) of item (10), or c) of the preceding item, show the concentrations of hydrogen cyanate or methyl bromide in the air, when measured at locations as provided above, to be higher than the values as given in the right column of the Table given below, depending upon the substances listed in the left column of the same Table, the employer is not allowed to have the said workers enter into the holds or the dwelling rooms, etc.

Substances	Value
Hydrogen cyanate	11 mg or 10 cm3
Methyl bromide	60 mg or 15 cm3
Remarks: The values as shown in this Table correspond to the weights or volumes of the said substances, contained in an air volume of 1 m3 measured at a temperature of 25°C under atmospheric pressure.

2.   When the employer has workers engage in the work other than fumigation work in places subjected to fumigation with methyl bromide, such as warehouses, containers, holds, etc., or in dwelling rooms, etc., near to the places where the said fumigation has been carried out, the said work shall be made in compliance with the provisions given below, provided that this does not apply in respect to a case in which it has been apparent that there is no fear that the said workers may be contaminated with methyl bromide, etc.

(1)   The measurements shall be made of the air concentrations of hydrogen cyanate or methyl bromide in the air in the places such as warehouses, containers, holds, etc., or in dwelling rooms, etc., near to the said places.

(2)   The employer is not allowed to have workers enter into the said places when the results of the measurement of the concentrations of hydrogen cyanate or methyl bromide in the air, measured at the locations as provided above, show the values higher than the ones as described in the right column of the Table as provided in item (12) of the preceding paragraph, depending upon the substances listed in the left column of the said Table.

(Measures concerning Nitroglycol)

Article 38-14.   When the employer has workers engage in work to manufacture dynamite, he/she shall comply with the items given below.

(1)   When packaging under compression is made of the chemicals (corresponding to the substances made by nitroglycol and nitroglycerine sucked into nitrated cotton or the substances made by mixing the nitrated cotton with filling chemicals, etc., same as in this Article) or when the filling is made of the chemical, chemicals shall be used of which the mixing rates (corresponding to the rates at which the total weight of nitroglycol plus nitroglycerine are occupied by the weight of nitroglycol) are less than the value as shown in the right column of the Table given below, depending upon the classification described in the left column of the said Table.

Classification			Value (in unit of %)
In filling done in summer	In filling done by using no remote-controlled operation from separated rooms	When temperature of chemicals is higher than 28°C	20
		When temperature of chemicals is 28°C or lower	25
	In filling done by remote-controlled operation from separated rooms		30
In manual packaging under compression in summer			30
In other cases			38
Remarks: The summer set forth above corresponds to the periods of two months, July and August for Hokkaido prefecture, and that of five months, May to September for other areas.

(2)   The temperatures of nitroglycol and chemicals in the workshops listed in the left column of the Table given below shall be less than those listed in the right column of the same Table, provided that this does not apply in respect to the case in which remote-controlled operation is done from separated rooms.

Workshops	Value (°C)
Workshops for nitration	22
Workshops for washing
Workshops for mixing
Others	32

(3)   When filling work is done manually, cleaning shall be quickly done by those who are designated in advance to remove the chemicals fallen on the floors, etc., of workshops.

(4)   The devices to which nitroglycol or chemicals have adhered shall be placed into firm containers capped with covers or plugs in order to prevent the leakage of nitroglycol vapour. In this case, the said containers shall be kept in custody in certain well-ventilated places.

(Measures concerning Benzene, etc.)

Article 38-15.   The employer shall not have his/her workers engage in work to handle benzene, etc., as solvents, except where the equipment to use the benzene, etc., is of a sealed construction type, the work process is designed for preventing the workers from coming into direct contact with benzene, and a local exhaust ventilation system with an enclosed hood is installed in the workplace where the work using the benzene is carried out.

2.   The provisions of Articles 7 and 8 shall be applicable to the local exhaust ventilation systems set forth in the proviso of preceding paragraph.