Ordinance on Prevention of Hazards Due to Specified Chemical Substances
Ministry of Labour Ordinance No. 39 of September 30, 1972
Supplementary Provisions
(Date of Enforcement)
Article 1.This Ministry of Labour Ordinance will be put into effect on October 1, 1972, provided that this does not apply in respect to Article 4, which will be put into effect on October 1, 1973.
(Abrogation)
Article 2.The Ordinance on Prevention of Hazards Due to Specified Chemical Substances, etc. (Ministry of Labour Ordinance No. 11 of 1971) will be abolished.
(Interim Measures concerning Local Exhaust Ventilation Systems)
Article 3.In terms of indoor workshops where dispersion occurs of the dust of coal tar, the provisions as set forth in Article 5 will not be applied to the workshops until September 30, 1973.
(Interim Measures concurring Dust Exclusion Devices)
Article 4.In term of exhaust gas disposition cylinders from which to emit the gases containing dusts of coal tar, the provision of Article 9 will not be applied until September 30. 1973.
(Interim Measures concurring Operations Chiefs of Work on Specified Chemical Substances, etc.)
Article 5.In spite of the provisions of Article 27, the employer may appoint an operations chief of work on specified chemical substances, etc., from among persons holding the health supervisor's license until September 30, 1974.
Supplementary Provisions(Ministry of Labour Ordinance No. 26 of September 30, 1975)
(Date of Enforcement)
Article 1.This Ministry of Labour Ordinance will be put into effect on October 1, 1975, provided that the following provisions will be put into effect on the dates shown in the respective items.
- Amended provision of contents (exclusive of the portion thereby to revise "Article 50" into "Article 50-2"), amended provision thereby to add one article following Article 12, amended provision thereby to revise Article 20 (exclusive of the portions thereby to revise "item (8)" into "item (9)," "item (7)" into "item (8)," and to add one item following item (6), amended provisions thereby to revise Article 22, Article 24 and Article 25, amended provision thereby to add three articles following Article 38, amended provision thereby to add one chapter next to Chapter V (exclusive of the portions related to Article 38-9 and Article 38-12), amended provision thereby to add one article following Article 52, and amended provision thereby to add the form following Form No. 10: January 1, 1976.
- Amended provisions thereby to revise Article 3, the heading before Article 4 and Article 4, amended provisions thereby to revise Article 6, (restricted to that of "The provisions of the preceding Article, indoor workshops" into "The provisions of the preceding two Articles, indoor workshops"), amended provision thereby to revise paragraph 1 of Article 7 (exclusive of the portions thereby to add provisos to item (3), and also add one item to the same paragraph), amended provisions thereby to revise Article 8 (restricted to the revision of "paragraph 3 of Article 3, and Article 4" into "Article 3, and paragraph 3 of Article 4), amended provision thereby to revise Article 9 (restricted to revision of "paragraph 3 of Article 3, and Article 4" into "Article 3, and paragraph 3 of Article 4"), amended provision thereby to revise Article 10 (restricted to "paragraph 1 of Article 5" into "paragraph 3 of Article 4 or paragraph 1 of Article 5"), amended provisions thereby to revise paragraph 2 of Article 11, Article 13, and Article 15 to 17 inclusive, amended provision thereby to add one Article following Article 18, amended provision thereby to revise Article 19, amended provision thereby to add two articles following Article 19, amended provision thereby to revise Article 20 (restricted to the revision of item (8) of Article 20 into item (9) of Article 20, and also of "item (7) of Article 20" into "item (8) of Article 20," and also the addition of one item following item (6) of Article 20), amended provision thereby to revise the Article 21 (restricted to the portions related to the group-2 substances under supervision of the portions in which to revise the specified group-1 substances into auramine, etc., or group-2 substances under supervision), amended provision thereby to revise Article 29 (restricted to the portions, related to Article 3 and paragraph 3 of Article 4, of the portions in which to revise paragraph 3 of Article 3, Article 4 or paragraph 1 of Article 5 into Article 3, paragraph 3 of Article 4, paragraph 1 of Article 5 or item (2) of paragraph 1 of Article 38-9 as set forth in item 1 of paragraph 1 of Article 29, and addition of "inclusive of local exhaust ventilation systems as set forth in the provisos in paragraph 1 of Article 3 and paragraph 1 of Article 38-12" to the portion following "local exhaust ventilation systems," and amended provisions thereby to add one chapter following Chapter V (restricted to the portions related to Article 38-12): April 1,1976.
- Amended provisions thereby to revise Article 29 (restricted to the portion related to item 2 of paragraph 1 of Article 38-9, of the portions in which to revise "paragraph 3 of Article 3, Article 4 or paragraph 1 of Article 5" as set forth in item (1) of paragraph 1 of Article 29, into "Article 3, paragraph 3 of Article 4, paragraph 1 of Article 5 or item (2) of paragraph 1 of Article 38-9," and also to add "or item (3) of paragraph 1 of Article 38-9" to the portion following "paragraph 1 of Article 9" as set forth in item 2 of paragraph 1 of Article 29, and amended provision thereby to add one chapter following Chapter V (restricted to the portion related to Article 38-9): April 1, 1977
(Interim Measures)
- Article 2.In terms of the application of paragraph 1 of Article 5 of the newly revised Ordinance on Prevention of Hazards Due to Specified Chemical Substances, etc. (hereinafter called the "New Ordinance"), the portion of paragraph 1 of Article 5, which says that "indoor workshops when manufacturing specified group-2 substances, when handling the said group-2 substances in workshops therein to manufacture specified group-2 substances, where conducting fumigation therein to handle substances as set forth in (17) to (20) inclusive of item 2 in Attached Table 3 of the Enforcement Order or substances as described in item (17) to (20) inclusive in Attached Table 1 (hereinafter called methyl bromide, etc.), and when handling the substances as set forth in (30) of item 2 in Attached Table 3 or substances (hereinafter called "benzene, etc.") as described in item (30) in Attached Table 1 (inclusive of dilutants, similarly as in Article 38-12), the indoor workshops are excluded from which dispersion is made of gases, vapour or powdered dust of the specified group-2 substances" shall be defined as "indoor workshops" by December 31, 1975.
- In terms of the provisos of paragraph 1 of Article 5 of the New Ordinance, the portion of paragraph 1 of Article 5, which says that "indoor workshops (when manufacturing specified group-2 substances, when handling the specified group-2 substances in workshops therein to manufacture the specified group-2 substances, when performing fumigation therein to handle the substances or set forth in (17) or (20) of item 2 in Attached Table 3 of the Enforcement Order or substances listed in (17) or (20) of item 2 of Attached Table 1 (hereinafter called "methyl bromide"), and when handling the substances listed in the (30) of item 2 in Attached Table 3 or the substances as described in item (30) in Attached Table 1 (hereinafter called "benzene, etc.") the indoor workshops are excluded from which dispersion is made of gases, vapour or powdered dust of specified group-2 substances" shall be defined as "indoor workshops (when conducting fumigation therein to handle the substances listed in (17) or (20) of item 2 in Attached Table 3 of the Enforcement Order or substances listed in item (17) or (20) in Attached Table 1, the indoor workshops are excluded from which dispersion is made of gases of these substances)" for the period of January 1, 1976 to March 31, 1976.
- In terms of application of Article 3 and Article 4 of the old Ordinance on Prevention of Hazards Due to Specified Chemical Substances, "specified group-1 substances" as set forth in Article 3 shall be defined as "Auramine, etc.," and "permitted substances" as described in Article 4 shall be defined as "group-1 substances (exclusive of substances listed in (3) of item 1 of Attached Table 3 of the Enforcement Order or substances listed in (7) of item 1 in the same Table, and as related to 3 of the same item) " respectively, until March 31, 1976.
- When the employer performs work to put the substances, listed in (3) of item 1 in Attached Table 3 of the Enforcement Order of the Industrial Safety and Health Law, or substances (hereinafter called "chlorobiphenyl , etc." in this paragraph) listed in (7) of item 1 in the same Table and as related to 3 of the same item into containers, to take these substances out of containers or to throw the substances into reaction vessels (in the workshops therein to manufacture chlorobiphenyl, the exclusion is made of the work thereby to put chlorobiphenyl into its containers, to take the chemical out of the containers or to throw the chemical into reaction vessels), the said workshops shall be provided with local exhaust ventilation systems.
- In terms of the application of the provisions set forth in Article 7, Article 8 and paragraph 1 of Article 29 of the New Ordinance on the local exhaust ventilation systems as provided in compliance with the provisions in the preceding paragraph, the said local exhaust ventilation systems will be regarded as the ones provided in compliance with paragraph 1 of Article 5 of the New Ordinance.
- As for the facilities thereby to manufacture the substances listed in 6 of item 2 of Attached Table 3 of the Enforcement Order of the Industrial Safety and Health Law or the substances listed in item 6 in Attached Table 1 of the New Ordinance, or to handle these substances, actually existing on March 31, 1978, the said facilities are not applied to the provisions as described in Articles 4 and 5 of the New Ordinance.
- In terms of coke furnaces which actually exist on October 1, 1975, the furnaces will not be affected by the provisions of Article 38-9 of the New Ordinance by March 31, 1978.
- In terms of the application of the provisions set forth in Articles 5 and 37 of the New Ordinance, the substances, as set forth in (1), (2), (5), (6), (12), (13), (19), (20), (23), (25) to (27), (29), (30), and (34) of item 2 of Attached Table 3 of the Enforcement Order of the Industrial Safety and Health Law or the substances, as set forth in the New Ordinance in items (1), (2), (5), (6), (12), (13), (19), (20), (23), (25) to (27), (29), (30), and (34) of Attached Table 1 are not to be included among group-2 substances, as set forth in item (2) of Article 2 in the New Ordinance March 31, 1976 in spite of the provisions of the same item.
- In terms of the application of the provisions of Article 13 of the old Ordinance on Prevention of Hazards Due to Specified Chemical Substances, etc., and also of Articles 18 and 21 of the New Ordinance, the facilities therein to manufacture or handle the substances set forth in (1), (6), (12), (19), (20), (26), (29), (30) or (34) of item 2 in Attached Table 3 of the Enforcement Order of the Industrial Safety and Health Law or substances listed in items (l), (6), (12), (19), (20), (26), (29), (30) or (34) of Attached Table l in the New Ordinance are not to be included among those provided in Article 13 of the prior-to-revision Ordinance on Prevention of Hazards Due to Specified Chemical Substances, etc., until March 31, 1976.
Supplementary Provisions(Ministry of Labour Ordinance No. 4 of March 25, 1976)
(Excerpt)
(Date of Enforcement)
- This Ministry of Labour Ordinance will be put into effect from April 1, 1976.
Supplementary Provisions(Ministry of Labour Ordinance No. 3 of March 22, 1977)
This Ministry of Labour Ordinance will be put into effect from April 1, 1977.
Supplementary Provisions(Ministry of Labour Ordinance No. 33 of August 16, 1978)
This Ministry of Labour Ordinance will be put into effect from September 1, 1978.
Supplementary Provisions(Ministry of Labour Ordinance No. 18 of May 20, 1982)
(Excerpt)
(Date of Enforcement)
Article 1.This ministerial ordinance shall be enforced from the day of its promulgation, provided that the provisions of the following subparagraphs shall be enforced from dates designated respectively in the said paragraphs.
- The provision to amend Article 1 of the Ordinance for Prevention of Anoxia from among the provisions of Article 1; the provision to amend Article 2 of the said ordinance (restricted to the part expressed as "in paragraph 1 of Article 9...", which is to be deleted, and the part to add item (2) next to the said article); provisions to amend the provisions of Articles 3 through 5 of the said ordinance; provision to add another article next to the said article; provisions to amend the provisions of Articles 6, 7, 9, 10, 13, 14, 16, 17 and 23 of the said ordinance; provision to add another article next to the said article; provision to add another article next to Article 25 of the said ordinance and the provision to amend Article 27 of the said ordinance (restricted to the part expressed as "anoxia" which is to be amended as "anoxia, etc."); provision to amend item (4), paragraph 1, Article 585 of the Industrial Safety and Health Ordinance of the Industrial Safety and Health Law out of the provisions of Article 2 and the provision to amend item (4), paragraph 1, Article 640 of the said ordinance (restricted to the part expressed as "the place designated in paragraph 1 of Article 9..." in the said subparagraph, which is to be amended as "oxygen deficiency danger place designated in paragraph 1 of Article 9...") and Articles 4, 6 and 7 of the supplementary provisions: July 1, 1982.
- (Omitted.)
(Interim Measures for Partial Amendment of the Ordinance for Prevention of Hazards Due to Specified Chemical Substances, etc.)
Article 7.In applying, between July 1, 1982 and March 31, 1983, the provisions of items (1) and (2) of paragraph 1, Article 22 of the Ordinance for Prevention of Hazards Due to Specified Chemical Substances, etc., amended conforming to the provision of the preceding Article, the part expressed as "the class-2 oxygen-deficiency-danger work designated in item (8) of Article 2 and the work designated in Article 25-2 of the same ordinance..." shall be amended as "the work designated in Article 25-2."
(Interim Measures for Penal Provision)
Article 8.The penal provision to acts committed against the provision of the old Ordinance for Prevention of Hazards Due to Specified Chemical Substances conforming to the old Ordinance for Prevention of Anoxia, the old Industrial Safety and Health Law and the provision of Article 6 of the Supplementary Provisions prior to the enforcement of this ministerial ordinance shall be applied according to precedent.
Supplementary Provisions(Ministry of Labour Ordinance No. 3 of February 27, 1984)
(Extract)
- 1. This ministerial ordinance shall be enforced from March 1, 1984.
Supplementary Provision(Ministry of Labour Ordinance No. 8 of March 18, 1986)
This ministerial ordinance shall be enforced from April 1, 1986.
Supplementary Provisions(Ministry of Labour Ordinance No. 26 of September 1, 1988)
(Date of Enforcement)
Article 1.This ministerial ordinance shall be enforced from October 1, 1988.
(The rest is omitted.)
(Interim Measures)
Article 2.1. and 2. (Omitted).
3.Concerning the measurements of the workplace where substances designated in (6)of item 1 in Attached Table 3 of the Enforcement Order (Cabinet Ordinance No. 318 of 1972) of the Industrial Safety and Health Law and the substances designated in (1) through (4), (7), (10), (11), (13), (16) through (18), (20) through (22), (25), (27), (28), (30), (31) or (33) through (35) of item 2 of the said table conducted conforming to the provision of paragraph 1 or 5, Article 65 of the Industrial Safety and Health Law before the enforcement of this ministerial order, the provisions of Articles 36-2 through 36-4 of the amended Ordinance for Prevention of Hazards Due to Specified Chemical Substances, etc., shall not be applicable.
4.(Omitted.)
Supplementary Provisions(Ministry of Labour Ordinance No. 30 of December 18, 1990)
This Ministry of Labour Ordinance shall be enforced from January 1, 1991.
Supplementary Provisions(Ministry of Labour Ordinance No. 20 ofMarch 30, 1994)
(Excerpts)
(Date of Enforcement)
Article 1. This Ministry of Labour Ordinance shall be enforced from July 1, 1994.
(Interim Measures concerning Notification of Plans)
Article 2. (Omitted) Notifications based on the provisions of paragraph 1 (omitted) of Article 52 of the Ordinance on Prevention of Hazards Due to Specified Chemical Substances, etc., prior to amendment by this Ordinance (called the "old Specified Chemicals Ordinance" below) concerning construction to commence after the date of enforcement of this Ordinance (called the "Enforcement Date" below) shall be treated as valid notifications under the provisions of paragraph 1 of Article 88 of the Industrial Safety and Health Law (called the "Law" below) after the enforcement date.
2. (Omitted) Notifications based on the provisions of paragraph 3 (omitted) of Article 52 of the old Specified Chemicals Substances concerning construction to commence after the enforcement date shall, where the provisions of paragraph 2 of the Law apply, be treated as valid notifications under the provisions of paragraph 1 of the same Article after the enforcement date.
3. (Omitted)
4. (Omitted)
(Interim Measures concerning Penal Provisions)
Article 5. The application of penal provisions to acts committed before the enforcement of this Ordinance and to acts committed after the enforcement of this Ordinance that are to be treated according to precedent under the provisions ofArticle 3 of the Supplementary Provisions shall be according to precedent.
Supplementary ProvisionsMinistry of Labour Ordinance No. 3 of January 16, 1995)
(Excerpts)
(Date of Enforcement)
Article 1. This Ministry of Labour Ordinance shall be enforced from April 1, 1995. However, the provisions listed under each of the following items shall be enforced from the date specified in the relevant items.
(1)(Omitted) The provision in Article 2 to amend Article 36-2 of the Ordinance on Prevention of Hazards Due to Specified Chemical Substances, etc.,: October 1, 1995.
(2)(Omitted)
(Interim Measures for Evaluating the Results of Measurements, etc.)
Article 3. The provisions of Article 36-2 through 36-4 of the amended Ordinance on Prevention of Hazards Due to Specified Chemical Substances, etc., (called the "new Specified Chemicals Ordinance" below) shall not apply to measurements in indoor workplaces of substances listed under (6) or (14) of item 2 of Attached Table 3 of the Enforcement Order of the Industrial Safety and Health Law (call the "Order" below) carried out under the provisions of paragraph 1 or paragraph 5 of Article 65 of the Law before October 1, 1995.
2. The provisions of Articles 36-2 through 36-4 of the new Specified Chemicals Ordinance shall not apply to measurements in indoor workplaces of substances listed under (5), (19), (23), (24), (29) or (36) of item 1 in Attached Table 3 of the Order carried out under the provisions of paragraph 1 or 5 of Article 66 of the Law before October 1, 1996.
(Interim Measures for Penal Provisions)
Article 4. The application of penal provisions to acts committed before the enforcement of this Ordinance shall be according to precedent.
Supplementary Provisions(Ministry of Labour Ordinance No. 35 of September 13, 1996)
(Excerpt)
(Date of Enforcement)
Article 1. This Ministry of Labour Ordinance shall be enforced from October 1, 1996.
Supplementary Provisions(Ministry of Labour Ordinance No. 13 of March 25, 1997)
(Date of Enforcement)
This Ministry of Labour Ordinance shall be enforced from the date of promulgation.
(Interim Measures)
Article 2. The application of penal provisions to acts committed prior to the enforcement of this Ordinance shall be according to precedent.
Supplementary Provisions(Ministry of Labour Ordinance No. 32 of October 1, 1997)
This Ministry of Labour Ordinance shall be enforced from the date of promulgation.
Supplementary Provisions(Ministry of Labour Ordinance No. 4 of January 11, 1999)
(Date of Enforcement)
1. This Ministry of Labour Ordinance shall be enforced from the date of promulgation.
(Interim Measures)
2. Pre-amendment forms in existence at the time of enforcement of this Ordinance may be altered and used for the interim period.
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