Chapter VI.  Medical Examination

(Conducting of Medical Examination)

Article 39.  The employer shall have medical doctors conduct medical examinations of workers who usually engage in the work set forth in item (3) of paragraph l of Article 22 of the Enforcement Order at the time when he/she employs or transfers the workers, and after that at regular intervals within the periods of time as described in the middle column of Attached Table 3, in accordance with the classification of the types of work and in terms of items as described in the left column and the right column of the same Table, respectively.

2.  The employer shall have medical doctors conduct medical examinations of workers who have been made to be engaged in work set forth in paragraph 2 of Article 22 of the Enforcement Order, and also of those who are being employed at regular intervals within the periods of time as described in the middle column of Attached Table 3 in accordance with the classification of the types of work in which the said workers have been usually engaged, of the types of work set forth in the left column of the same Table, in terms of items listed in the right column of the same Table.

3.  As the result of the medical examinations made in compliance with the preceding two paragraphs (exclusive of the ones made according to paragraph l for workers who are engaged in work thereby to manufacture or handle potassium cyanate (including chemical substances, etc., which contain more than 5% by weight of potassium cyanate), hydrogen cyanate (including chemical substances, etc., which contain more than 1% by weight of hydrogen cyanate), and sodium cyanate (including chemical substances, etc., which contain more than 5% by weight of sodium cyanate), the employer shall have medical doctors conduct medical examinations of workers regarded as in need of being subjected to medical examination by a doctor, in whom objective symptoms are noted or who complain of subjective symptoms or in whom abnormalities are suspected, in accordance with the classification of types of work as described in the right column of Attached Table 4 in terms of the items listed in the left column of the same Table.

4.  The substances as provided for by the Ministry of Labour Ordinance based on item (24) of paragraph 2 of Article 22 of the Enforcement Order are as shown in Attached Table 5.

(Recording of the Results of Medical Examination)

Article 40.  The employer shall make up the individual medical examination card  on the specified chemical substances, etc., (Form No.2) for the individual workers based on the results of the medical examinations conforming to the provisions of paragraphs 1 through 3 of the preceding Article (inclusive of the results of the medical examinations received by the workers concerned conforming to the conditional clause of paragraph 5 of Article 66, in the following article, referred to as "Medical Examination concerning the Specified Chemical Substances, etc.") and file such cards for at least five years.

2.  Individual Medical Examination Cards on Specified Chemical Substances, etc., shall be kept for 30 years starting from the date on which workers began to be usually engaged in or to have been usually engaged in the work to manufacture or handle the substances under special supervision (as for work thereby to handle chromic acid, etc., restricted to the work thereby to handle chromic acid, etc., in the workplaces therein to manufacture chromic acid, etc., from ore).

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

Article 40-2. Under the provision of Article 66-2 of the Law, the hearing of the views of the medical doctor based on the results of medical examination concerning the specified chemical substances, etc., shall be carried out in accordance with the following stipulations.

(1)  To conduct within three months of the date of medical examination concerning the specified chemical substances, etc., (where the provisional 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 to the employer).

(2)  To record the views of the medical doctor on the individual medical examination cards on the specified chemical substances, etc.

(Report on Results of Medical Examination)

Article 41.  When the employer has made medical doctors conduct medical examinations of workers concerned as provided for in paragraph 1 to 3 inclusive of Article 39 (restricted to regular ones), he/she shall make without delay a report on the result of medical examinations of workers on specified chemical substances, etc., (Form No.3) to the Chief of the competent Labour Standards Inspection Office.

(Emergency Examination)

Article 42.  When there occurs a leakage of specified chemical substances, etc., and the workers are in the presence of the said specified chemical substances, etc. or inhaling them, the employer shall have medical doctors conduct medical examination without delay of the said workers, or treat them.