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Ordinance on Prevention of Health Impairment due to Asbestos

Ordinance of the Ministry of Health, Labour and Welfare, No.21 (24, February 2005)

Last Update : 2007.11.28

Chapter II Measures concerningpertaining to Work, etc. of Handling of Asbestos, etc.

Section 1 Measures concerningpertaining to Demolition Work, etc.

Article 3 (Preliminary Surveys)
  • (1) The employer shall in advance, when performing the work listed below, in order to prevent workers from health impairments due to asbestos, etc., conduct a preliminary survey of those buildings or structures based on such means as the blueprints, or a visual inspection of the presence of asbestos, etc., and shall record its findings:
    • (i) Work involving the demolition or crushing of buildings or structures (including the removal of sprayed asbestos, etc., hereinafter referred to as gdemolition work, etc.h);
    • (ii) Work involving the encapsulation or enclosure of asbestos etc., pursuant to the provision of paragraph (1) of Article 10.
  • (2)The employer shall,Rregardless of whether the preliminary survey stipulated set forth in the preceding paragraph has been conducted, if it is unclear whether asbestos, etc., is present in the building or structure, the employer shall conduct a survey based on an analysis of the presence of asbestos, etc., and shall record its findings. However, this shall not apply if to the case that it is clear that asbestos, etc., has not been sprayed into the building or structure and the employer takes measures stipulated prescribed in the Industrial Safety and Health Act (hereinafter referred to as gthe Acth) and related ordinances to treat the building or structure as one that contains asbestos, etc.
Article 4 (Work Plans)
  • (1)The employer shall in advance,when performing the work listed below, in order to prevent workers from health impairments due to asbestos, etc., prepare a work plan and conduct work according to that plan.
    • (i)Demolition work etc., of buildings or structures in which asbestos etc., has been used.
    • (ii) Work involving the encapsulation or enclosure of asbestos etc., pursuant to the provision of paragraph (1) of Article 10,.
  • (2)The work plan set forth in the preceding paragraph shall include the following itemsmatters:
    • (i) Work methods and order
    • (ii) Methods of preventing or controlling the dispersion of dust from asbestos, etc.
    • (iii) Methods of preventing workers who conduct the work from being exposed to the dust of asbestos, etc.
  • (3)The employer shall, when having prepared established the work plan set forth in paragraph (1), disseminate the matters set forth in the preceding each iteminformation regarding each of the items listed above to the workers concerned.
Article 5 (Notification of Work)
  • (1)The employer shall in advance, when performing the work listed below, submit the notification document by Form 1 together with drawings showing an overview of the building or structure to the Chief of the Labour Standards Inspection Office with jurisdiction over the district where the workplace is located (hereinafter referred to as the gChief of the competent Labour Standards Inspection Officeh).
    • (i) In case of carrying out the demolition work, etc. (limited to the case that may diffuse considerable amount of asbestos, etc.) of buildings or structures, walls, pillars, ceiling, etc. on which thermal insulating material, fire-proof material (referring to meaning coating materials with heat resistance capability; the same shall apply hereinafter the same.) containing asbestos, etc., work involving the removal of the said heat insulation material or fireproof materials.
    • (ii) Work involving the encapsulation or enclosure of asbestos etc., under the provision of paragraph (1) of Article 10, paragraph 1.
    • (iii) Work of a similar type to that listed in the preceding two items.
  • (2)The provision set forth in the preceding paragraph shall not apply to the case where of the notification is made underpursuant to the provision inofparagraph (4) of Article 88, paragraph 4 of the Act.
Article 6 (Measures concerningpertaining to the Removal, etc., of Sprayed Asbestos, etc.)
  • (1) The employer shall, when assigning workers to the work listed below, isolate the work area where the work concerned is to be performed from work areas where other types of work are to be performed.
    • (i) Work involving removal of asbestos etc., during demolition work, etc., of buildings in which asbestos, etc., has been sprayed on surfaces such as walls, pillars, or ceilings, etc.
    • (ii) Work involving the encapsulation or enclosure of asbestos, etc., under pursuant to the provision of Article 10, paragraph (1) ofArticle 10, (limited to that the one accompanying the work listed in item1(i) of paragraph (1) of Article 13, for enclosure work).
Article 7 (Measures concerningpertaining to the Removal, etc. of Heat Insulation Materials, and Fireproof Materials, etc., Containing Asbestos, etc.)
  • (1)The employer shall, when assigning workers to the work listed below, prohibit workers who have not been assigned to perform this work from entering the work area where this work is to be performed (excluding individuals who have taken the measures provided in Article 14) and shall post a notice to this effect in an easily visible location.
    • (i) Work listed in item (i) of paragraph (15) of Article 5.
    • (iii) Work involving the enclosure of asbestos, etc., under pursuant to the provision of paragraph (1) of Article 10 (excluding that the one accompanying the work listed in those listed in item (i) of paragraph (1) of Article 13).
  • (2)The specified principal employer (referred to as provided meaning the one set forth in paragraph (1) of Article 15 of the Act) shall, when the work by workers of the principal employer and relevant contractors (referred to as provided meaning the one set forth in paragraph (1) of Article 15 of the Act, hereinafter the same shall apply in this paragraph) is carried out at the same place as the work listed in each of the items of the preceding paragraph, inform the relevant contractorsbefore the work begins that this type of work is going to be carried out, as well as take necessary measures such as coordination on schedule of working hours, etc.
Article 8 (Advice on the Presence of Asbestos, etc.)
  • (1) An orderer (this refers tomeaning the person who places an original order without receiving any orders for the project from others) of a project involving the work listed in each of the items of paragraph (1) of Article 3, shall endeavour to advise the contractors of the presence of asbestos, etc., in the building or structure on which the work is to be performed.
Article 9(Conditions Regarding the Demolition Work, etc. of Buildings)
  • (1) An orderer of a project involving the work listed in each of the items in paragraph (1) of Article 3, shall take into consideration not to impose on the contractor conditions which could impede the observance of provisions set forth in the Act and related ordinances regarding surveys to detect the presence of asbestos, etc., methods, expenses, or work periods of the relevant work.
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