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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 IV Administration

Article 19 (Appointment of Operations Chief of Asbestos Work)
  • (1) With regardThe employer shall, as regards the work provided listed in item (xxiii)23 of Article 6 of the CabinetOrder, the employer shall appoint an operations chief of asbestos work from among those who have completed a skills training course for operation chief of asbestos work.
Article 20 (Duties of the Operations Chief of Asbestos Work)
  • (1) The employer shall have the operation chief of asbestos work carry out the following itemmatters:
    • (i) To determine the work methods and direct the workers concerned so that they will not be contaminated by or inhale dust from asbestos, etc.
    • (ii) To check up the local exhaust ventilation systems, push-pull ventilation systems, dust collection devices, and other prophylactic devices thereby to protect workers from suffering health impairment, at intervals of not more than a month.
    • (iii) To watch the use of personal protective equipment.
Article 21 (Equipment Subjected to Periodical Self-Iinspection)
  • (1) The local exhaust ventilation system, push-pull ventilation system and dust collection device (limited to systems related to asbestos, etc.) prescribed by the Ordinance of the Ministry of Health, Labour and Welfare set forth in item 9(ix) of paragraph (1) of Article 15 of Cabinet the Order, shall be as follows:
    • (i) The local exhaust ventilation system to be installed based onpursuant to the provision of paragraph (1) of Article 12.
    • (ii) The push-pull ventilation systems to be installed pursuant tobased on the provision of paragraph (1) of Article 12.
    • (iii) The dust collection devices to be installed pursuant tobased on the provision of paragraph (1) of Article 18.
Article 22 (Periodical SelfI-inspection)
  • (1)With regardThe employer shall, as regards the systems or devices listed respectively in each item of the preceding Article, the employer shall periodically conduct performa self-inspections on the following items matters corresponding to the type of the devices listed in the said each item periodically once every period within at least once a year. However this provision shall not apply to the non-use period of when the systems or devices,which ishave not been used for a period exceeding one year or more.
    • (i) Local exhaust ventilation system
      • (a) Wear, corrosion, dents, etc., of hood, duct and fan and degrees of such defects
      • (b) Dust accumulation of duct and air exhauster
      • (c) Looseness of joints of duct
      • (d) performance of belt connecting the motor and fan
      • (e) Air intake and discharging capacities
      • (f) In addition to the matter listed in (a) to (e), necessary matters Items indispensable for maintaining required performance other than those listed in items a) through e)
    • (ii) Push-pull ventilation system
      • (a) Wear, corrosion, dents, etc., of hood, duct and fan and degrees of such defects
        (b) Dust accumulation of duct and air exhauster
        (c) Looseness of joints of duct
        (d) Performance of belt connecting the motor and fan
        (e) Air supply and discharging capacities
        (f) In addition to the matter listed in (a) to (e), necessary matters for maintaining required performance
      • (f) Items indispensable for maintaining required performance other than those listed in items a) through e)
    • (iii) Dust collection device
      • (a) Wear, corrosion, damage of the structure and degrees of such defects
      • (b) Dust accumulation inside the device
      • (c) Damage of filter and looseness of filter fastener if the device has a filter
      • (d) Treatment capacity
      • (e) In addition to the matter listed in (a) to (d), necessary matters for maintaining required performance
  • (2) With regardThe employer shall, as regardsthe systems or devices set forth in the proviso of the preceding paragraph, the employer shall carry out perform the a self- inspection on respective items as the matters listed in each item of the same paragraph when resuming their use.
Article 23 (Records of Periodical SelfI-inspection)
  • (1) The employer shall, when having carried outperformed the self-inspection set forth in the preceding Article, record the following items matters and keep preserve the records for three years.
    • (i) Date of inspection
    • (ii) Method of inspection
    • (iii) Inspected part of systems or devices
    • (iv) Result of inspection
    • (v) Names of personnel inspected
    • (vi) Contents of the repair, etc., if a repair, etc. is done, on the basis of the inspection
Article 24 (Checkups)
  • (1) The employer shall, when using the systems or devices listed in each item of Article 21 for the first time, or having customized or repaired those systems or devices after disassembling them, check up onthe items matters listed in each item of paragraph (1) of Article 22, corresponding to the types of said systems or devices.
Article 25 (Records of Checkup)
  • (1) The employer shall, when having carried outperformed the checkup set forth in the preceding Article, record the following items matters and keep preserve the records for three years.
    • (i) Date of checkup
    • (ii) Method of checkup
    • (iii) Part of equipment where checkup was made
    • (iv) Result of checkup
    • (v) Names of personnel checked up
    • (vi) Contents of the repair, etc., when repair, etc., is done, on the basis of the checkup result.
Article 26 (Repair, etc.)
  • (1) The employer shall, when having found the abnormalities at the self-inspection set forth in Article 22 or the check-up set forth in Article 24, immediately take measures such as repair or without delay.
Article 27 (Special Education)
  • (1)The employer shall,when assigning a worker to perform work listed in each of the items of paragraph (1) of Article 4, provide conduct special education on the following items subject to the worker to ensure the workerfs health for the said work.
    • (i) Harmful effects from asbestos, etc.
    • (ii) Presence of asbestos, etc.
    • (iii) Measures to control the dispersal of dust from asbestos, etc.
    • (iv) How to use personal protective equipment
    • (v) In addition to what is listed in the preceding each item, necessary matters related to Other items indispensable for preventing exposure to asbestos, etc., not listed above.
  • (2) In addition to those the matters prescribed in Article 37 and Article 38 of the Ordinance on Industrial Safety and Health (Ordinance of the Ministry of Labour Ordinance No.32, 1972, hereinafter referred to as gthe Safety and Health Ordinanceh), and prescribed in the preceding paragraph, the Minister of Health, Labour and Welfare shall specify prescribe items necessary matters for implementing the special education set forth in the same paragraph.
Article 28 (Break Rooms)
  • (1) The employer shall, when assigning workers to perform the work regularly handling asbestos, etc., or manufacturing them for the sake of research or examination, prepare a break room in a location set apart from the workshop where that work is being performed.
  • (2)In respect of The employer shall, as regards the said break rooms set forth in the preceding paragraph, the employer shall take the following measures given below.
    • (i) To provide equipment to remove substances adherent on workerfs feet such as running the water or providing sufficiently humid mats, at entrances.
    • (ii) To provide brushes for clothes at entrances leading to the rooms.
  • (3) A worker shall, when having been engaged in the work set forth in paragraph (1), remove the substances attached on their clothes before entering into the said break rooms.
Article 29 (Floors)
  • (1) The employer shall ensure that the structure of the floors of the workshop where asbestos, etc., is regularly handled or manufactured for the sake of research or examination, and the floors of the break room set forth in paragraph (1) of the preceding Article can be easily cleaned with water.
Article 30 (Cleaning)
  • (1) The employer shall clean once or more every day the floors of the workshop and break room set forth in the preceding Article, using methods that will not cause the dispersal of dust, such as cleaning with water.
Article 31 (Washing Equipment)
  • (1) The employer shall, when assigning workers to perform the work handling of asbestos, etc., or manufacturing them for the sake of research or examination, provide equipment thereby to enable the workers to wash their eyes or bodies, or to gargle, and equipment thereby to enable them to change and clean their clothes.
Article 32 (Containers, etc.)
  • (1)The employer shall,when carrying or storing the asbestos, etc., use sturdy containers or provide safe packages for prevention of dispersal of dust from asbestos, etc.
  • (2)The employer shall put indications and handling instructions of the said asbestos, etc., at an easily a readilyvisible location on the said containers or packages set forth in the preceding paragraph.
  • (3)The employer shall, when the asbestos, etc., is stored, designate a certain place for storage.
  • (4) As for The employer shall, as regards the containers or packages used for carrying, storing, etc., of the asbestos, etc., the employer shall take measures thereby to prevent dispersion of the said asbestos, etc., and, when storing the containers or packages, shall designate a certain place for storage and collect them at the place.
Article 32-2 (Removal of Substances Adhering to Equipment, etc.)
  • (1) The employer shall not take equipment, tools, or scaffolding, etc., used in the handling of asbestos, etc., or manufacturing them for the sake of research or examination outside of the workshop unless substances adhering to them have been removed. However, this shall not apply to the case when such equipment, etc., is enclosed in a container, etc., for disposal.
Article 33 (Prohibition of Smoking, etc.)
  • (1)The employer shall prohibit workers from smoking, drinking or eating in workshops where asbestos, etc., are handled, or manufactured for the sake of research or examination and shall post a notice to this effect at an easily visible location in the workshop.
  • (2) Workers shall not smoke, drink or eat in the workshops set forth in the preceding paragraph.
Article 34 (Indication)
  • (1) In workshops where asbestos, etc., is handled, or manufactured for the sake of research or examination, the employer shall The employer shall post a notice on the following itemsmattersin an easilyat a readily visible locationin workshops where asbestos, etc., is handled, or manufactured for the sake of research or examination:
    • (i) Notice that asbestos, etc., are handled, or manufactured for the sake of research or examination
    • (ii) Effects of the said asbestos, etc., on human health
    • (iii) Instructions concerning the handling of the asbestos, etc.
    • (iv) Personal protective equipment to be used by workers.
Article 35 (Records of Work History)
  • (1) The employer shall, as for the workers who are regularly engaged in the work in workshops where asbestos, etc., are handled, or manufactured for the sake of research or examination, record the items given below following matters at an interval within one month and shall keep the records for 40 years from the date when the said employee ceases to regularly work in the relevant work at the said workshop.
    • (i) Names of workers.
    • (ii) Outline of work in which the said workers were engaged and the periods of time during which the said workers were engaged in the work.
    • (iii) In case that the marked contamination of workers with dust from asbestos, etc., occurred, the outline of the case and emergency measures taken by the employer in response to the case.
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