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Ordinance on Prevention of Health Impairment due to Asbestos

Ordinance of the Ministry of Health, Labour and Welfare, No.21 (24, February 2005)

Last Update : 2007.11.28

Chapter V Measurements

Article 36 (Measurements and the Recording of Measurement)
  • (1)The employer shall,as for the workshops set forth in item 7(vii) of Article 21 (limited to those pertaining to asbestos, etc.) of Cabinetthe Order, measure periodically the concentration of airborne asbestos once within 6 months.
  • (2) The employer shall, at each time when the measurement has been conducted pursuant to the provision of the preceding paragraph, record the following items matters and keep reserve the records for 40 years.
    • (i) Date of measurement
    • (ii) Method of measurement
    • (iii) Measured points of the workshop
    • (iv) Conditions of measurement
    • (v)) Result of measurement
    • (vi) Name of person(s) who conducted the measurement
    • (vii) Outline of the said measures, when measures are taken for prevention of health impairments in workers resulting from the said asbestos based on the measurement result.
Article 37 (Evaluation of Result of Measurement)
  • (1)The employer shall promptly, at each time when the measurement pursuant to the provision of paragraph (1) of the preceding Article, or paragraph (5) of Article 65 of the Act has been conducted as to the indoor workshops relevant to asbestos, evaluate the result of the measurement in accordance with the Working Environment Evaluation Standards prescribed by the Minister of Health, Labour and Welfare by classifying the condition of the working environment into the Control Class 1, Control Class 2 or Control Class 3.
  • (2) The employer shall, at each time when the result of the measurement has been evaluated set forth inpursuant to the provision of the preceding paragraph, record the following items matters and keep reserve the records for 40 years.
    • (i) Date of evaluation
    • (ii) Evaluated points of the workshop
    • (iii) Result of evaluation
    • (iv) Name of person(s) evaluated
Article 38 (Measures on Result of Evaluation)
  • (1)The employer shall immediately, as for the place classified into a Control Class 3 based on the result of the evaluation pursuant to the provision in paragraph (1) of the preceding Article, examine the equipment, equipment, work processes or work methods and take necessary measures to improve the condition of the working environment, such as the installation of equipment or equipment or maintenance of the equipment and equipment and the improvement of the existing work processes or work methods based on the result of the checkup so that the said place is improved to be classified into Control Class 1 or Control Class 2.
  • (2)The employer shall, when the measures set forth in the preceding paragraph have been taken, measure the concentration of the asbestos concerned in the place where the measures are taken to confirm the effect and evaluate the result of the measurement.
  • (3) In addition to those what isprescribed in the preceding two paragraphs, the employer shall, as for the place described set forth in paragraph (1), make workers use the effective respiratory protective equipment and take other measures necessary for protecting the health of workers such as providing medical examinations.
Article 39
  • (1) The employer shall, as for the place classified into Control Class 2 based on the result of the evaluation pursuant to the provision of paragraph (1) of Article 37, examine the equipment, equipment, work processes or work methods and endeavor to take necessary measures to improve the condition of the working environment, such as the installation of equipment or equipment or maintenance of the existing equipment and equipment and the improvement of the work processes or work methods based on the result of the examination.
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