Industrial Safety and Health Law
Law No. 57 of June 8, 1972
Latest Amendments:
Law No. 25 of May 31, 2006
In Japanese
Chapter V. Regulations concerning Machines, etc. and Harmful Substances
Section 2. Regulations concerning Dangerous Goods Harmful Substances
Article 55. (Prohibition of Manufacturing, etc.)
Article 56. (Permission for Manufacturing)
- (1) A person who intends to manufacture dichlorobenzidine, preparations containing dichlorobenzidine or other substances which are likely to inflict serious health impairment upon workers and are provided for by Cabinet Order shall obtain advance permission from the Minister of Health, Labor and Welfare, as provided for by the Ordinance of the Ministry of Health, Labor and Welfare.
- (2) The Minister of Health, Labor and Welfare shall, where an application for the permission set forth in the preceding paragraph was presented, examine the said application and shall not grant the permission referred to in the said paragraph unless the equipment for manufacturing, the method of work, etc., are found to comply with the standards by the Minister of Health, Labor and Welfare.
- (3) A person who obtained the permission referred to in paragraph (1) (hereinafter referred to as “manufacturer”) shall so maintain the said equipment for manufacturing as to conform to the standards set foth in the preceding paragraph.
- (4) The manufacturer shall manufacture the substances referred to in paragraph (1) by a method of work which conforms to the standards referred to in paragraph (2).
- (5) Where it is found that the equipment for manufacturing or the method of work of a manufacturer does not comply with the standards referred to in paragraph (2), the Minister of Health, Labor and Welfare may order that the equipment for manufacturing be repaired, reconstructed or relocated so as to conform to the said standards, or the substances referred to in paragraph (1) be manufactured by such a method of work so as to conform to the said standards.
- (6) The Minister of Health, Labor and Welfare may, where a manufacturer has contravened the provisions of this Act or ordinances issued thereunder or administrative disposition under these provisions, revoke the permission referred to in paragraph (1).
Article 57. (Labeling, etc.)
- (1) A person who is to transfer or provide explosives, pyrophorics, flammables and other substances which are liable to cause danger to workers, or benzene, preparations containing benzene or other substances which are liable to inflict health impairment upon workers and are provided for by Cabinet Order, or the substances referred to in paragraph (1) of the preceding Article, by putting them into a container or a package, shall, as provided for by the Ordinance of the Ministry of Health, Labor and Welfare, indicate the following matters on the container or the package (label the container when they are put into one and packaged to transfer or provide). However , this shall not apply to the containers or packages, which are intended primarily for ordinary use of general consumers.
- (i) Items listed as below:
- (a) Name of the substance;
- (b) Ingredients
- (c) Effects on the human body
- (d) Precautions concerning storage or handling
- (e) In addition to the matters listed in a) through d), those provided for by the Ordinance of the Ministry of Health, Labor and Welfare.
- (ii) Pictograms as specified by the Minister of Health, Labor and Welfare to draw the attention of workers handling the said substances.
- (2) A person who is to transfer or provide the substances, provided for by Cabinet Order set forth in the preceding paragraph, or the substance referred to in paragraph (1) of the preceding Article, by a method other than the method prescribed in the preceding paragraph shall, as provided for by the Ordinance of the Ministry of Health, Labor and Welfare, deliver a document describing the matters under each item of the same paragraph to a person to whom the said substances are transferred or provided.
Article 57-2. (Deliver of Documents, etc.)
- (1) A person who is to transfer or provide substances defined by the Cabinet Order among which are liable to cause danger or health impairment to workers, or the substances referred to in the provisions of paragraph (1) of Article 56 (hereinafter referred to as “notifiable substances”), shall notify the party to whom the notifiable substances are to be transferred or provided of the following matters by means of delivering a document or other manner provided for by the Ordinance of the Ministry of Health, Labor and Welfare (for a person covered under the provision of paragraph (2) of the preceding Article, excluding the matter covered by the same paragraph ); however, this shall not apply in respect to the transfer or provision of notifiable substances intended primarily for ordinary use of general consumers.
- (i) Name of the substance
- (ii) Ingredients and their respective contents
- (iii) Physical and chemical properties
- (iv) Effects on the human body
- (v) Precautions concerning storage or handling
- (vi) Emergency measures to be taken in the event of leakage etc.
- (vii) In addition to the matters listed in the preceding each item, those provided for by the Ordinance of the Ministry of Health, Labor and Welfare.
- (2) When changes are necessary to the matters pursuant to the preceding paragraph, the person who is to transfer or provide the notifiable substances shall endeavor to notify the party to whom the said substances were transferred or provided of all the changes in the matters of the said paragraph by delivering a document or other method provided for by the Ordinance of the Ministry of Health, Labor and Welfare promptly.
- (3) In additon to the matters covered by the two preceding paragraphs, other matters relating to the notification in the two preceding paragraphs are provided for by the Ordinance of the Ministry of Health, Labor and Welfare.
Article 57-3. (Investigation of Toxicity of Chemical Substances)
- (1) To prevent impairment of workers’ health caused by chemical substances, an employer who intends to manufacture or import a chemical substance (hereinafter in this Article referred to as “new chemical substance”) other than the chemical substances defined by Cabinet Order as the existing chemical substances (including chemical substances whose names were made public under the provisions of paragraph (3)), shall, in advance, undertake an investigation of toxicity provided for by the Ordinance of the Ministry of Health, Labor and Welfare (meaning investigation of the influence of the said new chemical substance on the health of workers and hereinafter the same applying in this Article) and shall, as provided for by the Ordinance of the Ministry of Health, Labor and Welfare, notify the Minister of Health, Labor and Welfare of the name of the said new chemical substance and the result of the investigation of toxicity and other matters. However, shall not apply for the case falling under any of the following items or in such cases as provided for by Cabinet Order:
- (i) When, as provided for by the Ordinance of the Ministry of Health, Labor and Welfare, in respect of the said new chemical substance, an affirmation by the Minister of Health, Labor and Welfare has been obtained stating that the method etc., of manufacturing or treating of the new chemicals substance has been reviewed, it is not likely for the workers to be exposed to the said new chemical substance.
- (ii) When, as provided for by the Ordinance of the Ministry of Health, Labor and Welfare, in respect of the said new chemical substance, an affirmation by the Minister of Health, Labor and Welfare has been obtained, stating that the said new chemical substance does not have the toxicity prescribed by the Ordinance of the Ministry of Health, Labor and Welfare according to the knowledge, etc., already gained.
- (iii) When the said new chemical substance is to be manufactured or imported for the sake of research or examination.
- (iv) When, as provided for by the Ordinance of the Ministry of Health, Labor and Welfare, the said new chemical substance is imported primarily for ordinary use of general consumers (including a product containing the said new chemical substance).
- (2) The employer who has carried out the investigation of toxicity shall soon take necessary measures, based on the result of the said investigation for preventing impairment of workers’ health caused by the said new chemical substance.
- (3) The Minister of Health, Labor and Welfare shall, when notification has been made for a new chemical substance under the provisions of paragraph (1) (including the case of an affirmation under the provisions of item (ii) of the said paragraph), make public the name of the said new chemical substance, as provided for by the Ordinance of the Ministry of Health, Labor and Welfare.
- (4) In case where notification has been made under the provisions of paragraph (1), the Minister of Health, Labor and Welfare may, hearing the opinion of the person with relevant knowledge and experience on the result of the investigation of toxicity as provided for by the Ordinance of the Ministry of Health, Labor and Welfare, recommend to the employer who made the notification to take due measures including establishment or improvement of facilities or equipment, provision of personal protective equipment or other actions, where it is deemed necessary for preventing workers’ health impairment caused by the chemical substance of the said notification.
- (5) The person with relevant knowledge and experience who were asked their opinions on the result of the investigation of toxicity under the preceding paragraph shall not divulge any confidential information known to them in connection with the said result. However, this shall not apply where they are compelled to disclose this information for the purpose of preventing the impairment of workers’health.
Article 57-4.
- (1) When it is deemed necessary for preventing impairment of workers’health caused by a chemical substance likely to bring about cancer or other serious health impairment to workers the Minister of Health, Labor and Welfare may, as provided for by the Ordinance of the Ministry of Health, Labor and Welfare, instruct the employer who is manufacturing, importing or using the said chemical substance or other employers prescribed by the Ordinance of the Ministry of Health, Labor and Welfare to carry out an investigation of toxicity provided for by Cabinet Order (meaning investigation of the influence of the said chemical substance on the impairment of workers’ health) and to report the result.
- (2) The instruction under the provisions of the preceding paragraph shall be given in conformity with the standards provided for by the Minister of Health, Labor and Welfare, after taking every factor into consideration such as technical level of the investigation of toxicity of the chemical substance, the preparedness of the institution carrying out the investigation, the ability of investigation of the said employer, etc.
- (3) The Minister of Health, Labor and Welfare shall, when the instruction is made to the said employer under the provisions of paragraph (1), hear the opinion of the person with relevant knowledge and experience in advance, as provided for by the Ordinance of the Ministry of Health, Labor and Welfare.
- (4) The employer who has carried out the investigation of toxicity under the provisions of paragraph (1) shall soon take necessary measures, based on the result of the said investigation for preventing workers’health impairment caused by the said chemical substance.
- (5) The person with relevant knowledge and experience who were asked their opinion under the provisions of paragraph (3) regarding the instruction under the provisions of paragraph (1) shall not divulge the confidential information known to them in connection with the said instruction. However, this shall not apply when they are compelled to disclose this information for the purpose of preventing the impairment of workers’ health.
Article 57-5. (State Assistance, etc.)
- In order to contribute to the adequate implementation of the investigation of toxicity under the provisions of the preceding two Articles, the State shall endeavor to prepare facilities carrying out the investigation of the toxicity of chemical substances, and to ensure the provision of information and other necessary assistance, and endeavor to carry out investigation of toxicity for itself.
Article 58.
|
このページの先頭へ