Chapter V.  Management

(Appointment of Operations Chief of Work on Specified Chemical Substances, etc.)

Article 27.   As for the work provided in item (18) of Article 6 of the Enforcement Order, the employer shall appoint an operations chief of work on specified chemical substances, etc., from among those who have finished a skill training course for operations chiefs of work on specified chemical substances.

(Duties of Operations Chief of Work on Specified Chemical Substances, etc.)

Article 28.   The employer shall have the operations chief of work on specified chemical substances, etc., conduct the items given below.

(1)   Determine the methods of working and direct the workers concerned such that they will not be contaminated with the specified chemical substances, etc., or inhale these substances.

(2)   Make a checkup of the local exhaust ventilation systems, dust exclusion devices, exhaust gas disposition devices, discharged fluid disposition devices and other prophylactic devices thereby to protect workers from suffering health impairment at intervals of not more than a month.

(3)   Observe the use of personal protective equipment.

(Machines to Be Subjected to Periodical Voluntary Inspection).

Article 29.   The local exhaust ventilation systems, dustexclusion devices, exhaust gas disposition devices and discharged fluid disposition devices (restricted to those relating to the specified chemical substances, etc. and others designated in thisOrdinance) designated in the Ministry of Labour ordinance conforming to item (8)of  paragraph 1, Article 15 of the Enforcement Order shall be those listed respectively in the followingitems:

(1)   The local exhaust ventilation system to be installed conforming to the provisions of Article 3; paragraph 3 of Article 4; paragraph 1 of Article 5 or item (2)of  paragraph 1 of Article 38-12; or item (6) of paragraph 1 of Article 50 or item (1), (5), (9) or (12) of paragraph 1 of Article 50-2 (inclusive of the local exhaust ventilation system conforming to the conditional clause of paragraph 1 of Article 3 and the conditional clause of paragraph 1 of Article 38-12).

(2)   The dust exclusion device to be installed conforming to the provisions of paragraph 1 of Article 9 or item (3) of paragraph 1 of Article 38-12; or item (7) c) or (8) of paragraph 1 of Article 50 (inclusive of the cases where the said provisions are to be applied with necessary modification to the case of paragraph 2 of Article 50-2).

(3)   The exhaust gas disposition device to be installed conforming to the provision of paragraph 1 of Article 10.

(4)   The discharged fluid disposition device to be installed conforming to the provisions of paragraph 1 of Article 11 or item (10) of paragraph 1 of Article 50 (inclusive of the case where these provisions are applied with necessary modifications in the case of paragraph 2 of Article 50-2).

2.   Those substances designated in item (9) of paragraph 1, Article 15 of the Enforcement Order conforming to Ministry of Labour Ordinance shall be group-2 substances.

(Periodical Voluntary Inspection)

Article 30.   For the systems or devices listed respectively under paragraph 1 of the preceding article, the employer shall voluntarily conduct periodical inspections as to the following inspection items at least once a year, except for equipment which has not been used for one year or more.

(1)   Local exhaust ventilation system

a)   Hood, duct and fan for wear, corrosion, dents, etc., and degrees of such defects

b)   Duct and air exhauster for accumulation of dust

c)   Joints of ducts for looseness

d)   Belt to connect the motor and fan for performance

e)   Air intake and discharging capacities

f)   Items indispensable for maintaining required performance other than those listed in items a) through e).

(2)   Dustexclusion device, exhaust gas disposition device and discharged fluid disposition device

a)   Structural members for wear, corrosion, damage and degrees of such defects

b)   Dust exclusion device or exhaust gas disposition device for accumulation of dust

c)   Dust exclusion device with filter for damage to the filter or looseness of filter fastener

d)   Treatment agent, flow rate of cleaning water and filler for right use or appropriateness

e)   Treatment capacity

f)   Items indispensable for maintaining required performance other than those listed in items a) through e).

2.  In respect to devices as described in the provisos of preceding paragraph, the employer shall conduct voluntary inspection at the time of resumption of use for respective items as set forth in the same paragraph.

Article 31.   As for specified chemical facilities or their additional facilities, voluntary inspection shall be once conducted for the items given below at regular intervals of two years or less, provided that this does not apply in respect to the specified chemical facilities or their additional facilities not used for periods of time longer than two years.

(1)   The following items for specified chemical facilities or their additional facilities (exclusive of pipes).

a)   Presence or absence of the substances, etc., with the potential to trigger the development of damage to or collapse of facilities on the interior.

b)   Presence or absence of internal or external outstanding damage, deformation of or erosion of facilities.

c)   Conditions of cover plates, flanges, valves, cocks, etc.,.

d)   Function of safety devices such as safety valves, emergency blocking devices and automatic warning devices.

e)   Function of instruments for cooling, heating, stirring, compressing, measuring, and controlling.

f)   Function of reserve power sources.

g)   Items necessary for prevention of leakage of specified group-2 substances or group-3 substances in addition to those as described in a) to f).

(2)   The following items for pipes.

a)   Presence or absence of damage, deformation, and corrosion of welded joints.

b)   Conditions of flanges, valves, cocks, etc.

c)   Presence or absence of damage, deformation and corrosion of joints of steam pipes for heating which are installed near to pipes.

2.  As for the facilities as set forth in provisos of the preceding paragraph, the employer shall conduct voluntary inspection at the time of resumption of use for respective items as described in the same paragraph.

(Records of Periodical Voluntary Inspection)

Article 32.   When conducting the voluntary inspection as described in the preceding two Articles, the employer shall record the following items, and keep the records for a period of three years.

(1)   Date of inspection

(2)   Method of inspection

(3)   Inspected part of facilities

(4)   Result of inspection

(5)   Names of inspector(s)

(6)   When measures are taken for repair , etc., on the basis of the inspection result, the contents of the repair, etc.

(Checkup)

Article 33.   When the employer first uses the systems or devices listed in the respective items of paragraph 1 of Article 29, or improves or repairs those systems or devices after the overhaul, a checkup shall be conducted for the items as described in paragraph 1 of Article 30, depending upon the type of the said systems or devices.

Article 34.   When the employer first uses specified chemical facilities or their additional facilities, or improves or repairs those facilities after overhaul, or when he/she uses those facilities after periods of one month or more during which those facilities are kept from their being actually used, a checkup shall be conducted for the matters as described in the respective items of paragraph 1 of Article 31.

2.  In addition to the cases as referred to in the preceding paragraph, when the employer makes changes in usage of specified chemical facilities or their additional facilities (exclusive of pipes) (inclusive of the cases in which change is made in raw materials used in the facilities, same as in this paragraph), a checkup shall be conducted for the matters listed in a), d) and e) of item (1) of paragraph 1 of Article 31, and also of the presence or absence of abnormalities in improved portions for the purpose of other usage.

(Records of Checkup)

Article 34-2.   When the employer conducts a checkup as provided for the preceding two Articles, he/she shall record the items given below, and keep the records for a period of  three years.

(1)   Date of checkup

(2)   Method of checkup

(3)   Part of facilities where checkup was made

(4)   Result of checkup

(5)   Names of inspector(s)

(6)   When measures are taken for repair, etc., on the basis of the checkup result, the contents of the repair, etc.

(Repair, etc.)

Article 35.   When the employer makes voluntary inspection in terms of Article 30 or 31 or checkup in terms of Article 33 or 34, to find abnormalities, he/she shall take measures thereby to repair the facilities, systems or deviceswithout delay.

(Measurements and the Records of Measurement)

Article 36.   As for the workshops as set forth in item (7) of Article 21 of the Enforcement Order, the employer shall measure concentration of group-1 substances (exclusive of the substances as described in (8) of item 1 in Attached Table 3 of the Enforcement Order) or group-2 substances (exclusive of the substances as described in Attached Table 1) in the air once at regular intervals of 6 months or less.

2.   When the employer makes measurements in compliance with the provisions of the preceding paragraph, he/she shall record the following items and keep the records for a period of three years.

(1)   Date of measurement

(2)   Method of measurement

(3)   Measured points of the workshop

(4)   Conditions of measurement

(5)   Result of measurements

(6)   Names of person(s) who conducted the measurement  

(7)   When measures are taken for prevention of health impairment of workers, resulting from the said substances, based on the measurement result, the outline of the said measures.

3.  Of the records, 30-year keeping shall be made of the measurement records in respect to substances as provided in (l), (2), or (4) to (7) of item 1 in Attached Table 3 of the Enforcement Order, or in (4) to (6), (8), (12), (14), (15), (19), (24), (26), (29), (30), or (32) of item 2 in the said Table, or the measurement records of substances as set forth in (11) or (21) of item 2 in the said Table prepared in workshops therein to manufacture the substances as set forth in (11) or (21) of the same item or the substances as set forth in item (11) or (21) in Attached Table 1 (hereinafter called as "chromic acid, etc.") or in workshops therein to handle chromic acid, etc., in workplaces therein to manufacture chromic acid, etc., from ore.

(Evaluation of Result of Measurement)

Article 36-2.   Each time when the measurement of the condition of the workplace conforming to the provision of paragraph 1 of the preceding Article or paragraph 5, Article 65 of the Industrial Safety and Health Law (hereinafter referred to as "the Law") has been conducted as to the indoor work relating to the substances designated in (3) or (6) of item 1 of Attached Table 3 of the Enforcement Order or (1) through (7), (10), (11), (13), (16) through (25), (27)through (31) or (33) through (36) of item 2 of Attached Table 3 of the Enforcement Order , the employer shall promptly evaluate the results of the measurement conforming to the working environment evaluation standards designated by the Minister of Labour to rate the result of the measurement into the first-grade section, second-grade section or third-grade section depending on the condition of the working environment.

2.   Each time when the environmental condition of the workplace has been measured conforming to the provision of the preceding paragraph, the employer shall make up the record of the following matters and file it for at least three years.

(1)   Date of evaluation

(2)   Part of workplace where evaluation was made

(3)   Result of evaluation

(4)   Name of evaluator

3.   From among the records of the evaluation provided for in the preceding paragraph, the employer shall file for at least 30 years the record of the evaluation concerning the substances designated in (6) of item1 in Attached Table 3 of the Enforcement Order  or the substances designated in (4) through (6), (14), (19), (24) and (29) of item 2 in the same table and the record of the evaluation concerning the substances  designated in (11) or (21) of item 2 in Attached Table 3 of the Enforcement Order, in the workshops  where chromic acid, etc., is  manufactured, or in the workshops where chromic acid, etc., is handled in  workplaces therein to manufacture chromic acid, etc., from ore.

(Measures on Result of Evaluation)

Article 36-3.   For the place rated as a third-grade section based on the result of the evaluation conforming to the provision of paragraph 1 of the preceding Article, the employer shall immediately review the facilities, equipment, work processes or work methods of such place and take the necessary measures for improving the condition of the working environment, such as the installation of facilities or equipment or maintenance of the existing facilities and equipment and the improvement of the existing work processes or work methods based on the result of the review in order to raise the grade of such place to the first grade section or the second grade section.

2.   When the measures conforming to the provision of the preceding paragraph have been taken, the concentration of the specified chemical substances, etc., concerned in the place concerned shall be measured to evaluate the effect of the measures taken.

3.   Besides the measures designated in the preceding two paragraphs, the employer shall take other measures necessary for protecting the health of workers in the place designated in paragraph 1 including measures for workers to wear effectiverespiratory protective equipment and to conduct medical examination.

Article 36-4.   For the place rated as a second-grade section  based on the result of the evaluation conforming to the provision of paragraph 1 of Article 36-2, the employer shall review the existing facilities, equipment, work processes or work methods and take measures such as the installation of facilities and equipment, maintenance of existing facilities and equipment, improvement of existing work processes or methods and other necessary measures for improving the existing working environment.

(Break Rooms)

Article 37.   When the employer has workers engage in work in which they usually manufacture or handle group-1 or group-2 substances, he/she shall provide break rooms at locations other than ones where the said work is carried out.

2.  In respect of the said break rooms as set forth in the preceding paragraph, the employer shall take measures given below when the said substances are in powder form.

(1)   Provide the said break rooms with devices at entrances in order to remove the substances attached to feet of the workers concerned, such as providing sufficiently humid mats or foot-washing devices.

(2)   Provide the said break rooms with brushes for clothes at entrances leading to the rooms.

(3)   Make the structure of said rooms' floors so as to easily conduct cleaning by means of vacuum cleaners or washing, and also conduct cleaning of the said break rooms once or more every day.

3.   When the workers have been engaged in the work set forth in the preceding paragraph, they shall remove the substances attached on their clothes before they enter into the said break rooms.

(Washing Facilities)

Article 38.   When the employer has workers engage in the work to manufacture or handle group-l or group-2 substances, he/she shall provide facilities thereby to enable the workers to wash their eyes or bodies or to gargle, and facilities thereby to enable them to change the clothes used during the work, and the facilities thereby to clean their clothes.

(Prohibition of Smoking, etc.)

Article 38-2.   The employer shall prohibit workers from smoking, drinking and eating in workshops therein to manufacture or handle group-1 or group-2 substances, and indicate this prohibition of smoking, drinking and eating in writing at easily visible locations in the workshop concerned.

2.   The workers must not smoke, drink or eat in the workshops as prescribed in the preceding paragraph.

(Indication)

Article 38-3.   In the workshops (restricted to the those, in case of handling chromic acid, etc., to handle chromic acid in the workplace therein to manufacture chromic acid, etc., from ore, same as in the following Article) therein to manufacture or handle group-1 substances (exclusive of chlorobiphenyl, etc.) or the substances provided for in (4) to (6), (8), (11), (12), (14), (15), (19), (21), (24), (26), (29), (30) or (32) of item 2 in Attached Table 3 of the EnforcementOrder, or substances as set forth in items (4) to (6), (8), (11), (12), (14), (15), (19), (21), (24), (26), (29), (30), or (32) in Attached Table 1 (hereinafter referred to as "substances under special supervision"), the items given below shall be indicated at easily visible locations for workers concerned.

(1)   Names of substances under special supervision.

(2)   Effects of the said substances on human beings.

(3)   Cautions thereby to handle the substances under special supervision.

(4)   Personal protective equipment to be used by workers.

(Working Records)

Article 38-4.   As for the workers who usually engage in the work in workshops for the manufacture or handling of the substances under special supervision, the employer shall record in terms of the items given below at intervals of not more than one month, and he/she shall keep this record for 30 years from the dates on which the workers concerned came to be usually engaged in the said work in the said workshop.

(1)   Names of workers.

(2)   Outline of work in which the said workers were engaged and the periods of time during which the said workers were engaged in the work.

(3)   In case that the marked contamination of workers with the substances under special supervision occurs in the work, the outline of the case and also summary of emergency measures taken by the employer against the case.