Chapter V. Working Environment Measurement
(Indoor Workshop Requiring Working Environment
Article 25. The indoor workshop
which disperses excessively dust of soil, stone, rock, mineral, metal
or carbon provided for by the Ministry of Health, Labour and Welfare
Ordinance based on item 1 of Article 21 of the Cabinet Order shall be defined as an indoor workshop
in which specific dusty work is regularly carried out.
(Measurement of Dust Concentration, etc.)
Article 26. The employer shall measure the concentration of dust in the air periodically at least once in every six months in the indoor workshop stipulated in the preceding Article.
The employer shall, when conducting the measurements stipulated in the preceding
paragraph in an indoor workshop where dusty work related to soil, stones,
rocks or minerals from among the workshops stipulated in the preceding article
is concerned, measure the free silica content in the dust. However, this provision
shall not apply to the case where the free silica content in the soil, stones,
rocks or minerals is clearly known.
The employer shall, when he conducts the measurement stipulated in preceding
two paragraphs make a record of the following matters each time and keep the
records for seven years:
(1) Date and time of measurements
(2) Method of measurement
(3) Places of measurement
(4) Conditions of measurement
(5) Results of the measurements
(6) Name of person who made the measurements
(7) Description of the improvement
measures if such measures were taken as the results of the measurements.
(Evaluation of Result of Measurement)
When the measurement conforming to the provision of paragraph 1 or paragraph
2 of the preceding article or provision of paragraph
5 of Article 65 of the Law has been made as to the indoor workplace
designated in Article 25, the employer shall promptly
evaluate the result of the measurement by rating the condition of such
workplace into the Control Class 1, Control Class 2 and Control Class
3 depending on the condition of the control of the working environment
for each of such measurement.
When the measurement conforming to the provision of the preceding paragraph
has been made, the employer shall make the records of the following matters
and keep them at least seven years:
Date and time of evaluation
Place where the evaluation was made
Result of evaluation
Name of the evaluator.
(Measures Based on the Result of Evaluation)
Article 26-3. For the area of the workplace rated as a Control Class 3 as the result of the evaluation conforming to the provision of paragraph 1 of the preceding article, the employer shall promptly review the facilities, equipment, work process and work procedure and take the measures necessary for the installation of the facilities and equipment, improvement of the work processes and procedure and other measures for improving the working environment based on the result of such a review in order to upgrade the condition of said section of workplace to Control Class 1 or Control Class 2.
When the measures conforming to the provision of the preceding paragraph have
been taken, the employer shall measure the concentration of the dust in the
area designated in the said paragraph and evaluate the result of the measurement
in order to evaluate the effect of the said measures.
3. Other than conforming to what is provided for in the preceding
two paragraphs, the employer shall have the workers who are to work in
the place designated in paragraph 1 use the effective respiratory protective
equipment and take the measures necessary for maintaining the health of
the workers such as medical examinations, etc.
Article 26-4. For the area of the workplace rated as a Control Class 2 workplace
based on the result of the evaluation conforming to the provision of paragraph 1 of Article 26-2, the employer shall endevour to review the existing facilities, equipment,
work processes and work procedure and take the measures necessary for the
installation of the facilities and equipment , improvement of the work
processes and work procedures and other measures for improving the working
environment based on the results of the review.