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JICOSH Home > Topics > Overview of Partial Amendments to the Industrial Safety and Health Law and Ordinance(Boilers and Pressure Vessels, Cranes, Etc., Gondolas)


Amendments to the Industrial Safety and Health Law etc

Overview of Partial Amendments to the Industrial Safety and Health Law, Ordinance on Industrial Safety and Health, Ordinance on the Safety of Boilers and Pressure Vessels, Ordinance on the Safety of Cranes, Etc., and Ordinance on the Safety of Gondolas

Partial amendments to the Industrial Safety and Health Law and other related ordinances were recently enacted. The major modifications compiled by JICOSH are as follows:

I. Industrial Safety and Health Law

1. Notification of information on the toxicity, etc., of chemical substances, etc.
(1) As a number of industrial accidents due to chemical substances are still occurring, it is important to prevent these accidents by communicating useful information on the toxicity, etc., of chemical substances to workplaces, in order to allow these workplaces to take appropriate measures for the prevention of health impairment.
Accordingly, to facilitate the adoption of effective measures to prevent health impairment due to chemical substances to workers, the law was amended to stipulated that when chemical substances, etc., are to be transferred or provided, those who transfer or provide such substances must provide information on the toxicity, etc., of such substances to the recipients of such substances.
(2) Notification of the information above must be made for each chemical substance to be transferred or provided.
2. Announcement of guidelines on the necessary measures to prevent health impairment to workers due to chemical substances, etc.
The Minister of Labour is to announce guidelines on the measures that must be taken by employers to prevent health impairment to workers due to chemical substances, etc. and is to provide the necessary guidance and assistance for this purpose.



3. Purpose of MEDICAL EXAMINATIONS BY WORKERS OWN INITIATIVES for workers engaged in night work
The purpose of the voluntary medical examination (hereinafter called "MEDICAL EXAMINATIONS BY WORKERS OWN INITIATIVES") system for workers engaged in night work (hereinafter called "NIGHT WORKER") is as follows: When NIGHT WORKERS who are concerned with their health may voluntarily undergo medical examinations without waiting for the next medical examination for workers engaged in specified work (hereinafter called "SPECIFIED WORK MEDICAL EXAMINATIONS"), and their employers are required to take post-examination measures for such workers in the same way as for the results of SPECIFIED WORK MEDICAL EXAMINATIONS when the workers submit the results of such MEDICAL EXAMINATIONS BY WORKERS OWN INITIATIVES.



4. Providing workers with information on the toxicity, etc., of chemical substances
In order to prevent industrial accidents involving chemical substances because workers handling such substances are not provided with information concerning the contents, toxicity and precautions required in handling same, information on such toxicity and other necessary matters shall be provided to workers.



II. Ordinance on Industrial Safety and Health

1. Improvement of health control for NIGHT WORKERS
(1) The results of MEDICAL EXAMINATIONS BY WORKERS OWN INITIATIVES and matters relating to the establishment of measures to deal with such results are added to the terms of reference for health committees.
(2) Workers who are entitled to submit a certificate showing the results of MEDICAL EXAMINATIONS BY WORKERS OWN INITIATIVES shall be those workers who are regularly employed and who have been engaged in NIGHT WORK four or more times per month on average during six months prior to such MEDICAL EXAMINATION BY WORKERS OWN INITIATIVES.
(3) The workers described in Item (2) above may submit to their employers a physician's certificate showing the results of the medical examination performed by said physician in relation to all or part of the survey items contained in past medical and work history records, provided that the certificate is submitted within three months after the date of such examination.
(4) The certificate showing the results of the MEDICAL EXAMINATION BY WORKERS OWN INITIATIVES must indicate the results for each item of said medical examination performed on the relevant worker.

(5) Employers are required to prepare an individual medical examination sheet for each worker on the basis of the results of said medical examinations, and safe keep such sheets for five years.
(6) A hearing at which information can be presented by a physician who has prepared a certificate showing the results of a medical examination must be conducted within two months from the date on which the relevant worker submits such a certificate to the employer.




III. Ordinance on the Safety of Boilers and Pressure Vessels

1. Purpose of Amendment
If boilers, class I pressure vessels, mobile cranes and gondolas are not installed after undergoing structural inspections, manufacturing inspections or usage inspections (hereinafter called "MANUFACTURING INSPECTIONS") and the director of the relevant prefectural labour office certifies that such equipment has been stored in good condition during the period it is not installed, the period after which such equipment may be installed without undergoing usage inspections may be extended. The effective term of inspection certificates for mobile boilers, mobile cranes and gondolas may likewise be extended.



2. Points of Amendment
(1) Usage inspection

For boilers, class I pressure vessels, mobile cranes and gondolas for which the director of the prefectural labour office certifies that they have been stored in good condition after the MANUFACTURING INSPECTIONS (hereinafter called "APPROVAL"), the period after which such equipment may be installed without undergoing usage inspections is extended to two or more years from one or more years for boilers, class I pressure-vessels and gondolas, and three or more years from two or more years for mobile cranes.

(2) Effective term of inspection certificate

For mobile boilers and gondolas to which APPROVAL is granted, the effective term of the inspection certificate may be extended up to one year from the installation date but not exceeding two years after the MANUFACTURING INSPECTION, and for gondolas to which APPROVAL were granted, the effective term may be extended up to two years from the installation date but not exceeding three years after the MANUFACTURING INSPECTION.
(3) Other

The director of the prefectural labour office shall grant approval certificate to manufacturers or importers of specified machines, etc., who are believed to have maintained such machines in good condition or to individual specified machines, etc., that are believed to have been stored in good condition.


The procedures relating to such APPROVAL and the treatment of approved specified machines, etc., are set forth in Attachment 1.





Attachment 1
Procedure Relating to APPROVAL and Treatment of Approved Specified Machines, Etc.

1. APPROVAL Relating to Storage
Directors of prefectural labour offices are authorized to issue APPROVAL certificates in accordance with the following procedures for manufacturers or importers of specified machines, etc., who are recognized as having the capability of carrying out storage of same in good condition, or individual specified machines, etc., that are recognized as being stored in good condition.
(1) APPROVAL of workplaces
A. APPROVAL application

When applying for APPROVAL, manufacturers or importers (hereinafter called "APPLICANT") of specified machines, etc., shall submit an approval application form (Form No.1 = omitted) relating to the storage of said specified machines, etc. for each workplace, along with the rules (hereinafter called "STORAGE RULES") for their storage after undergoing MANUFACTURING INSPECTIONS to the director of the prefectural labour office having jurisdiction over the APPLICANT's address (hereinafter called "DIRECTOR HAVING JURISDICTION").
B. APPROVAL inspection

The relevant DIRECTOR HAVING JURISDICTION shall carry out site surveys, if necessary, and determine whether or not an APPROVAL should be granted to the APPLICANT on the basis of the results of pertinent documents and site inspections.
The relevant DIRECTOR HAVING JURISDICTION shall notify the APPLICANT of the APPROVAL decision by providing the APPLICANT with an approval certificate relating to the storage of the specified machines, etc., (Form No.2 =omitted) or a certificate of the results of approval inspections relating to the storage of such machines, etc., (Form No.3 = omitted).

C. APPROVAL standards

The standards on which an APPROVAL decision is made shall be established in the Appendix.
D. Effective term of APPROVAL

An APPROVAL shall be effective for five years from the date on which the APPROVAL is granted.
E. APPROVAL renewal

An approval renewal application form (Form No.5 = omitted) shall be submitted to the relevant DIRECTOR HAVING JURISDICTION when requesting the renewal of the effective term for the storage of specified machines, etc., along with the related STORAGE RULES. (An approval renewal application form may be submitted without attaching STORAGE RULES if there are no changes in the contents of such Rule by indicating such fact on the application form.)
The provisions relating to the APPROVAL inspection (Item B above) shall also be applied to approval renewal applications.
A renewed APPROVAL shall be effective for five years from the date on which the original effective term expires. However, the effective term for renewal shall be five years from the date on which the original APPROVAL is granted if the renewal application is submitted more than one year before the expiration date of the previous approval.
F. Change in contents of APPROVAL

When an applicant to whom an APPROVAL is granted wishes to change the contents of its STORAGE RULES, the applicants shall submit an approval modification application form (Form No.4 =omitted) to the relevant DIRECTOR HAVING JURISDICTION, along with a copy of the modified STORAGE RULES.
The provisions relating to the APPROVAL inspection (Item B above) shall also be applied to approval modification applications.
The effective term for an already granted APPROVAL cannot be changed even if such APPROVAL is changed.

G. Revocation of APPROVAL

The relevant DIRECTOR HAVING JURISDICTION may revoke an APPROVAL granted to a workplace if such workplace falls under any of the following:

(a) It no longer meets the standards specified in the Appendix.
(b) It has changed its STORAGE RULES without acquiring approval for change prescribed as in Item E.
(c) It has stored machines in a way that differs from the STORAGE RULES it has submitted.


The revocation of APPROVAL pursuant to this notification shall be made in accordance with the procedures specified in the Administrative Procedure Law (Law No. 88 of 1993), as such revocation falls under the disadvantageous treatment as stipulated in the Law. In addition, such revocations must be reported to the Ministry of Labour.
(2) APPROVAL of individual machines, etc.
A. APPROVAL application

In the event that those (hereinafter called "CUSTODIAN") who are storing specified machines, etc., that have undergone MANUFACTURING INSPECTIONS intend to request an APPROVAL for the storage of individual specified machines, they shall submit an approval application form (Form No.6 = omitted) concerning the individual machines and covering the storage conditions for such specified machines, etc., to the director of the prefectural labour office having jurisdiction over the workplace in which such specified machines are stored, along with documents indicating the pertinent storage conditions after such machines have undergone MANUFACTURING INSPECTIONS.

B. APPROVAL inspections

Inspections for APPROVAL shall be made in the same way as for Items (1)-B and C above.



2. Treatment of Specified Machines. Etc., Approved
(1) Treatment of boilers (excluding mobile boilers; hereinafter the same in this clause) and class I pressure vessels
A. An installation notification of boilers or class I pressure vessels may be accepted if such notification is accompanied by the following documents and two years have not elapsed since completing the MANUFACTURING INSPECTIONS for the relevant specified machines, etc. In such cases the submission date of such installation notifications must be within one month after the confirmed date on which such storage was completed.

(a) Manufacturers or importers acquiring APPROVALS for workplace:
A copy of the approval notification relating to the storage of the
specified machines, etc., (Form No.2)
A document demonstrating that the specified machines, etc., have been stored in good condition
(b) CUSTODIANS acquiring the APPROVALS for individual machines, etc.:
An approval notification relating to the storage conditions of the
specified machines, etc., (Form No.7)

B. In the event that the installation notification is accepted, the ledger shall record in the Remarks column that said equipment is an approved specified machine.

(2) Treatment of mobile boilers, mobile cranes and gondolas
A. In the event that employers intend to install mobile boilers, mobile cranes and gondolas after extending the effective term of an inspection certificate, they must submit an installation notification (an installation report in case of mobile cranes) along with a document relating to the storage of such specified machines, etc., to the director of the labour standards inspection office in charge.
B. In the event that a document relating to the storage of the specified machines, etc., accompanies the installation notification, the expiration date of the effective term for the inspection certificate for the relevant specified machines, etc., may be changed to the following:
For mobile boilers and gondolas: The first anniversary of the installation date, provided that such date is within two years since the MANUFACTURING INSPECTIONS (the second anniversary of the MANUFACTURING INSPECTION in case the end of the second year after the MANUFACTURING INSPECTION is within one year from the installation date);
For mobile cranes: The second anniversary of the installation date, provided that such date is within three years since the MANUFACTURING INSPECTIONS (the third anniversary of the MANUFACTURING INSPECTION in case the end of the third year after the MANUFACTURING INSPECTION is within two years from the installation date).
In such cases, the submission date of such installation notification must be within one month after the confirmed date on which such storage is completed.
C. In the event that the effective term of an inspection certificate is changed, the ledger must record in the Remarks column that the machine is an approved machine.

Example: The effective term of a mobile crane inspection certificate for which the Manufacturing-Time inspection is passed on April 1, 2000:

(1) A document relating to the storage is not attached:
Up to March 31, 2002
(2) A document relating to the storage is attached:
Installed on March 1, 2001: Up to February 28, 2003
Installed on May 1, 2001: Up to March 31, 2003
Installed on May 1, 2002: Up to March 31, 2003




Appendix:

APPROVAL Standards for the Storage of Specified Machines, Etc.

APPROVAL standards for the storage of specified machines, etc., are as follows:

1. Organization of Storage Management
(1) Departments or sections in charge of the storage of specified machines, etc., must be clearly defined.
(2) Personnel in charge of the storage of specified machines, etc., must be clearly defined.

(3) The contents of a document indicating the storage conditions of specified machines, etc., and the procedures for issuing same must be clearly defined.
(4) A ledger recording the storage of specified machines, etc., must be clearly maintained.
2. Place and Method for Storage
(1) Boilers and class I pressure vessels
A. These machines must be stored indoors in principle, or covered with waterproof sheets when stored outdoors.
B The following measures to prevent rust and corrosion must be taken on the inside and the outside of pressure-resistant portions:
(a) Rust-prevention painting
(b) Anti-rusting agent or grease
(c) Drying agent or rust-prevention vaporizer
(d) Sealed in nitrogen gas
C. Applying anti-rusting and rust-prevention measures to the outside and to the combustion chamber.
(2) Mobile cranes and gondolas
A. Machines must to stored in places suitable for specified storage conditions.
B. Oil painting and other measures must be applied at regular intervals.
3. Inspections During Storage
(1) Frequency of inspections
Inspections must be made once for every three months and at the time of shipment, and maintenance must be made as necessary.
(2) Inspection items
A. Boilers and class I pressure vessels
(a) Presence of rust or corrosion on pressure-resistant portions
(b) Volume of remaining drying agents


B. Mobile cranes
(a) Presence of abnormalities in lubricating oil or cooling water
(b) Presence of damages to structural parts
(c) Presence of leakage in piping
(d) Confirming the operation of hoisting and turning
(e) Confirming the operation of safety devices
(f) Presence of rusting on wire cables, etc.


C. Gondolas
(a) Presence of damages to structural parts
(b) Confirming the operation of lifting devices
(c) Confirming the operation of safety devices
(d) Presence of rusting on wire cables, etc.


(3)Maintenance of inspection records
Inspection records during storage must be maintained over three years from the date of each inspection.
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