Ordinance on Prevention of Health Impairment due to Asbestos
Ordinance of the Ministry of Health, Labour and Welfare, No.21 (24, February 2005)
In Japanese
Supplementary Provisions
Article 1 (Date of Enforcement)
This Ordinance shall come into force effect as from on July 1, 2005.
Article 2 (Interim Measures concerningrelated to Demolishing Work, etc.)
With regard toAs regards the demolition work on buildings and structures that has already been underway at the time when this Ordinance comes into forceeffect, the provisions of Article 4, paragraph (1) of Article 5 and paragraph (1) of Article 27 shall not apply.
Article 3 (Interim Measures concerningrelated to Spraying Work of Asbestos, etc.)
(1) The employer who has taken the measures listed in each item of Article 38-7, paragraph (2) of Article 38-7 of the pre-revised version of the Ordinance on Prevention of Hazards Due to Specified Chemical Substances (Ordinance of the Ministry of Labour Ordinance No.39, of 1972, hereinafter referred to as the “Former Specified Chemical Substances Ordinance”) pursuant to the provision of the Article 12 of the Supplementary Provisions and has been assigning workers to the work prescribed in the same paragraph at the time when this Ordinance of the Ministry comes into forceeffect, notwithstanding the provision of Article 11, may assign workers to the said work.
Article 4 (Interim Measures concerningrelated toWork-Related Equipment, etc., pertaining to Work)
With regard to As regards the workshop (limited to those related to specified asbestos, etc., the same in this Article) for which the employer has already obtained the accreditation set forth in paragraph (1) of Article 6 of the Former Specified Chemical Substances Ordinance at the time this Ordinance comes into forceeffect, the provision of Article 12 shall not apply. In this case, with regard the application of the provision of paragraph (4) and (5) of Article 6 of the Former Specified Substance Ordinance related to the said accreditation, the provision then in force shall remain applicable.
Article 5 (Interim Measures concerningrelated to Floors)
With regard to As regards the workshop where asbestos, etc. has been regularly manufactured or handled at the time when this Ordinance comes into force effect and the floor of which is constructed of impermeable materials, the provision of Article 29 shall not apply.
Article 6 Deleted.
Article 7 (Continuance of Effect of Actions)
Actions, procedures, and other acts taken pursuant to the provisions of the Former Specified Chemical Substances Ordinance prior to the enforcement of this Ordinance shall be treated as actions, procedures, and other acts that had been taken pursuant to the corresponding provisions in this Ordinance.
Article 8 (Interim Measures concerningrelated to Application Forms)
Sheets by the pre-revised form, which are available to use at the time when this Ordinance comes into forceeffect, may be used for with necessary amendments for the time being.
Article 9 (Interim Measures concerningrelated to Penal Provisions)
With regard to As regards the application of the penal provisions to acts committed prior to the enforcement of this Ordinance, the provisions then in force shall remain applicable.
Supplementary Provisions (Ordinance of the Ministry of Health, Labour and Welfare No.1 on January 5, 2006)
Article 1 (Date of Enforcement)
This Ordinance shall come in force onto effect as from April 1, 2006.
Article 3 (Interim Measures concerningrelated to Operation Chief)
(1) The employer may, notwithstanding the provisions listed in the first column of the following table, for works listed in the second column of the same table, appoint a person who have completed the trainings listed in the third column of the same table as aoperations chief listed in the fourth column of the same table.
Provisions exempting application |
Categories of works |
Persons holding qualifications |
Names |
Appended Table 1 of the new Safety and Health Ordinance and Article 19 of the revised Ordinance on Prevention of Health Impairment Hazards due to Asbestosin virtue of Attached TableNo.1 and the provision of new Industrial Safety and Health Ordinance |
Work listed in Iitem 23(xxiii), of Article 6 of the Enforcement Order |
A person who has completed the skill training for operation chief of specified chemical substances, etc., listed in Iitem 22(xxii) of Attached TableAppended Table18 of the old Act |
Operationschief of asbestos work |
Article 13 (Interim Measures concerningrelated to Penal Provisions)
With regard to As regards the application of the penal provisions to acts committed prior to the enforcement of this Ordinance, the provisions then in force shall remain applicable.
Supplementary Provisions (Ordinance of the Ministry of Health, Labour and Welfare No.147 on August 2, 2006) Extract
Article 1 (Date of Enforcement)
This Ordinance shall come into forceeffect as from on the day when the Cabinet Order to partially revise the Enforcement Order of Industrial Safety and Health Act comes into force effect (September 1, 2006).
Article 2 (Interim Measures concerningrelated to Works Currently Being Carried Out)
(1) With regard to As regards the work sealing or enclosing asbestos, etc., having been currently carried out at the time when this Ordinance comes into force effect under pursuant to the provisions of Pparagraph (1), of Article 190 of the pre-revised the Ordinance on Prevention of Hazards due to Asbestos (hereinafter referred to as “the old Asbestos Ordinance”. restricted limited to works associated with those listed in Iitem (i)1, ofPparagraph (1), of Article 13 of the old Asbestos Ordinance for enclosing work.), provisions of Article 4, Article 6 and paragraph (1) of Article 27 of the revised the Ordinance on Prevention of Hazards due to Asbestos (hereinafter referred to as “the new Asbestos Ordinance”.) shall not apply.
(2) With regard to As regards the workenclosing asbestos, etc.,having been currently carried out at the time when this Ordinance comes into effect under the provisions of Pparagraph (1), of Article 10 of the old Asbestos Ordinance (excluding works associated with those listed in Iitem 1,(i) ofPparagraph (1) of Article 13 of the old Asbestos Ordinance), provisions of Article 4, Article 7, Article 12, Article 13, Article 15, Pparagraph (1) of Article 27, Article 31 through to Article 35 and Article 44 shall not apply.
(3) With regard toAs regards the work having been currently carried out at the time when this Ordinance comes into effect substances subject to Interim Measures (meaning preparations containing asbestos or other substances in which the weight of asbestos exceeds 0.1 % but is within 1 %, the same shall apply hereinafter the same.), provisions of Article 4, Article 6, Article 7, Article 12, Article 13, Article 15, Pparagraph (1) of Article 27, Article 31 throughto Article 35 and Article 44 shall not apply.
Article 36 (Interim Measures concerningrelated to Notification)
With regard to As regards the work listed in each item of paragraph (1) of Article 5 of the New Asbestos Ordinance (limited to matters intended to the interim measures for those listed in item (i)1 or item 3(iii) of the same paragraph), which commences before October 1, 2006, the provisions of the same paragraph shall not apply.
Article 6 (Interim Measures concerningrelated to Forms)
Application documents, etc., by the forms prescribed in each of pre-revised Ordinance which have been submitted or issued at the time when this Ordinance comes into forceeffect, shall be deemed as those by forms corresponding to each of revised Ordinance.
Article 7
Sheets for application documents, etc., by the forms prescribed in each of pre-revised Ordinance whichOrdinance, which are available to use at the time when this Ordinance comes into forceeffect, may be used for with necessary amendments for the time being
Article 8 (Interim Measures concerningrelated to Penal Provisions)
With regard to As regards the application of penal provisions to acts committed prior to the enforcement of this Ordinance and to acts committed after the enforcement of this Ordinance which are deemed as remaining in effect pursuant to the provision of Article 4 of sSupplementary pProvisions, provisions then in force shall remain applicable.
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