A comprehensive explanation of the new regulations of the revised Industrial Safety and Health Act

Part of the revised Industrial Safety and Health Act was revised and enforced on April 2024, 4.
　
There are several points to be made, but the most noteworthy is the strengthening of risk assessments and countermeasures for chemical substances.
Specifically, it will become mandatory to appoint a chemical substance manager, conduct periodic risk assessments and report the results, and take risk reduction measures.
　
Companies need to take action quickly, and companies that do not take appropriate action are at legal risk.
Therefore, it is essential to fully understand the points of the revision and reflect them in practice.

Outline of the Cabinet Order, etc. that partially amends the Enforcement Order of the Industrial Safety and Health Act

The Industrial Safety and Health Act Enforcement Order is an important law and regulation to ensure the safety and health of workers.
In particular, regarding the handling of chemical substances, the Ministry of Health, Labor and Welfare is proceeding with strict risk assessments and strengthening of management systems.
Among these, the Revised Industrial Safety and Health Act Enforcement Order introduces new regulations for organic solvents and other target substances handled by companies, and requires companies to fully assess their risks.
　
Specifically, the Industrial Safety and Health Act, its enforcement order, and the revision of the Industrial Safety and Health Regulations require companies to conduct risk assessments to confirm the safety of chemical substances and develop management systems.
According to an announcement by the Ministry of Health, Labor and Welfare, there are tens of thousands of chemical substances handled in Japan, including many of which are unknown in terms of danger or toxicity.

Under the situation before the revision, the number of industrial accidents caused by chemical substances remained at around 450 per year, and late-onset diseases were also reported.
In response, the 2024 revision introduced specific measures and further clarified the burden and responsibility of companies.
Corporate health and safety personnel and staff in legal and compliance departments are required to understand these changes and take prompt countermeasures.
　
The details of this new regulation and the responses required of companies are explained one by one below.
Understanding the important points of the revised Industrial Safety and Health Act, following instructions from the Ministry of Health, Labor and Welfare, and conducting appropriate risk assessments are the keys to protecting the safety and health of workers.

Mandatory appointment of chemical substance manager

The revised Industrial Safety and Health Act requires companies to appoint managers who specialize in managing chemical substances.
This appointment applies to all workplaces that manufacture, handle, or transfer items subject to risk assessment.
A chemical substance manager is appointed for each workplace, and workplaces that only handle products for general consumers are not eligible.
　
The manager's duties include checking labels and SDS, etc., managing the implementation of risk assessments related to chemical substances, managing the selection and implementation of exposure prevention measures based on risk assessment results, and managing records related to autonomous management of chemical substances. This includes creating and preserving information, and educating workers.
Corporate safety and health personnel and legal/compliance department staff are required to deeply understand and thoroughly implement these specific measures and implementation methods.
　
This initiative is expected to reduce the risks associated with handling and storing chemical substances and have a positive impact on employee health examination results.
Understanding the above details and reflecting them in practice will directly lead to improving the safety and health of your company.

The appointment of a person in charge of wearing protective equipment is also mandatory.

In addition, at the same time as appointing a chemical substance manager, it has become mandatory to appoint a person in charge of wearing protective equipment.
This is a measure to ensure the use of appropriate protective equipment as a safety measure when handling chemicals.
The protective equipment wear manager manages and supervises whether employees are using appropriate protective equipment.
It is expected that this strengthened management system will significantly reduce the risk of exposure for workers.
At the same time, as a measure based on risk assessment, effective management is possible at workplaces that require appointment.

The person in charge of wearing protective equipment is responsible for selecting effective protective equipment and managing the usage status of workers, and a person with a certain level of experience and knowledge must be appointed.
This new regulation will come into effect on April 2024, 4, and will require companies to further improve their safety and health systems.

Expanding training at the time of employment, etc.

The revised Industrial Safety and Health Act requires expanded training when hiring or changing work content.
Newly hired employees or employees whose work has changed are required to receive sufficient training on how to handle chemical substances, how to use protective equipment, and the importance of safety management.
This change is a measure to increase workers' knowledge of chemical substances and prevent unexpected accidents.

Furthermore, new regulations that came into effect on April 2024, 4 abolished the omission of education items that were allowed in certain industries.
As a result, all workplaces that manufacture or handle dangerous or toxic chemical substances must be thoroughly provided with the necessary education.
Due to this tightening of regulations, companies' health and safety personnel and staff in legal and compliance departments will need to develop effective training programs that comply with laws and regulations and thoroughly disseminate knowledge to employees.

Other amendments

The revised Occupational Safety and Health Act introduces a number of other new requirements to ensure the safety and health of employees.

New chemical regulations require risk assessments to be conducted when using hazardous substances, and the results must be communicated to employees.
This prevents health problems for employees and ensures proper chemical substance management.

Another point of revision is strengthening the employee stress check system.
Companies need to conduct regular mental health care and take necessary actions based on the results.
This is expected to improve the work environment and improve the mental health of employees.

Furthermore, as telecommuting and remote work increase, by following the newly introduced working time management guidelines, you will be able to understand your working hours appropriately and manage your health.
Companies will be required to ensure compliance with these new requirements and provide a sustainable working environment.

Label display/SDS etc.

New chemical regulations have strengthened labeling and safety data sheets (SDS).
Companies are required to properly label and provide SDS when handling chemicals.
Based on the Industrial Safety and Health Act, all substances that have been confirmed to be dangerous or harmful according to the government's GHS classification are subject to this system.

Specifically, 1 substances classified as Category 234 in the categories of carcinogenicity, germ cell mutagenicity, reproductive toxicity, and acute toxicity have been added to the list of mandatory labeling requirements.
For this substance, the label must clearly provide information about the substance's properties and safe handling methods, and the SDS must be provided in a format that is easily accessible to employees.
This will help workers better understand the risks of chemicals used and countermeasures.

Please note that this regulation, which came into effect from April 2024, 4, has transitional measures, and the mandatory labeling provisions will not apply to existing substances until March 1, 2025.
Details of the target substances to be added can be found on the website of the Chemical Substances Information Management Research Center, National Institute for Occupational Safety and Health, Japan Occupational Health and Safety Agency.
Corporate health and safety personnel and staff in legal and compliance departments will be required to respond quickly to these changes.

Risk assessment requirements

The revised Industrial Safety and Health Act requires risk assessments to be conducted.
By implementing this, we are required to identify potential hazards in the working environment and take appropriate countermeasures against them.
The specific steps for risk assessment are to first identify potential risks at each stage of the work process and evaluate their impact and frequency of occurrence.
Furthermore, it is possible to improve the safety of the working environment by developing and implementing risk reduction measures.

Furthermore, based on new laws and regulations that went into effect on April 2024, 4, it is now mandatory to take measures to reduce the concentration at which workers are exposed to substances subject to risk assessment.
In particular, for substances for which concentration standards have been established by the Minister of Health, Labor and Welfare, it is necessary to confirm that exposure in indoor workplaces is below the concentration standards.
This emphasizes minimizing the risk of health hazards to workers.

Use of protective equipment to prevent injuries, etc.

Under the revised Industrial Safety and Health Act, companies are now required to require their workers to use protective equipment to prevent injuries.
It is necessary to conduct a risk assessment from the list of hazardous substances established by the Ministry of Health, Labor and Welfare, and select appropriate protective equipment for the target substances.
Hazardous substances include those that are irritating to the skin or eyes, corrosive to the skin, or can be absorbed through the skin and cause health problems.
For example, protective gloves and goggles are required in workplaces where chemicals are handled, and fire-resistant clothing and safety shoes are recommended in hazardous areas.
　
From April 2024, 4, the use of protective equipment, which was previously mandatory, will become officially mandatory.
Companies are responsible for providing the appropriate protective equipment for the situation and ensuring that employees use it.
For example, workers who work with substances that may pose a health hazard should use safety glasses, impermeable protective clothing, protective gloves, and protective footwear.

Addition of agenda items for the Sanitation Committee

According to the revised Industrial Safety and Health Act, matters to be discussed by the Health Committee have been added.
Companies must hold regular hygiene committee meetings to discuss new hygiene management issues.
Specifically, a new risk assessment of the workplace and a review of the results of health examinations and management measures based on the results of the risk assessment are required.
It is also important to receive opinions and suggestions regarding safety and health from employees and formulate improvement measures that reflect them.

Furthermore, they are required to investigate and deliberate on the implementation status of autonomous management of chemical substances.
Specifically, its activities include:

① Measures to minimize the risk of worker exposure to chemical substances
②Measures regarding substances with concentration standard values ​​set
③ Exposure reduction measures based on risk assessment results
④Measures based on health examination results for substances with concentration standard values ​​set

Is required.
　
This will further strengthen the role of the Sanitation Commission in planning and implementing concrete and effective measures in response to the revised law.
Businesses with fewer than 50 workers must also provide opportunities to hear opinions from relevant workers and respond appropriately to these matters.

Instructions from the Chief of Labor Standards Inspection Office

The revised Industrial Safety and Health Act expands the instructions of the Chief of the Labor Standards Inspection Office.
Companies are obligated to follow the instructions of the superintendent and take necessary measures promptly.
For example, if the Director of the Labor Standards Inspection Office instructs the company to improve the working environment, it is necessary to promptly take measures based on the instructions.

Also, please be very careful as there may be penalties if you do not follow the instructions.
In particular, under the revised law that will come into effect on April 2024, 4, for workplaces where industrial accidents have occurred or are likely to occur, if there is a suspicion that chemical substances are not being managed appropriately, the Chief of the Labor Standards Inspection Office will You can give instructions for improvement.
Businesses that receive instructions for improvement must receive advice from a chemical substance management expert (a person who meets the requirements specified in the notification of the Minister of Health, Labor and Welfare), create an improvement plan within one month, and submit it to the Director of the Labor Standards Inspection Office. In addition to reporting to the following parties, necessary remedial measures must be taken.

Conducting health checkups and creating records, etc.

According to the revised Industrial Safety and Health Act established by the Ministry of Health, Labor and Welfare, companies must strengthen the implementation of health examinations and record-keeping regarding the handling of chemical substances, including organic solvents.
Employers are obligated to conduct health examinations as part of their exposure reduction measures based on the results of risk assessments and to appropriately manage the results.
Specifically, employees are required to conduct a medical examination on items deemed necessary by a doctor or dentist, with reference to the opinions of workers, and to apply necessary health management measures based on the results.

In addition, if there is a possibility that a worker may have been exposed to concentrations exceeding the standard values, a medical examination must be carried out immediately and the results must be stored for 5 years (30 years in the case of carcinogenic substances). .
This is expected to enable continuous monitoring of the health status of employees and provide a safe working environment.

Summary of revisions to the Industrial Safety and Health Act

The revision of the Industrial Safety and Health Act (Occupational Safety and Health Act) from 2019 onwards is an important and impactful event for many companies.
In particular, with the introduction of new chemical substance regulations, the appointment of a chemical substance manager has become mandatory, and there is a need to strengthen safety and health management systems.
In order to comply with this revision, it is important that a company's safety and health personnel and legal/compliance department staff understand the current regulations and appoint an appropriate chemical substance manager.
The appointed chemical substance manager is required to conduct risk assessment of chemical substances and take appropriate control measures.
Specific measures include conducting regular education and training, creating a list of chemical substances used, and updating their risk assessments and control measures.
This not only ensures legal compliance but also protects the safety and health of workers.

How to prevent regulatory oversight and compliance violations

■ How to prevent failure to comply with regulations and unrecognized "compliance violations"...

1️⃣ In the first place, understand the regulations that need to be met and their contents in a timely manner.

It is important to understand all the regulations that your company needs to comply with in conducting its business. Japan's regulatory and licensing system is complex, and seemingly unrelated laws and regulations are often related to business operations. In addition, once you have identified it, it is not the end; you need to review it periodically/when starting a new business, etc.

2️⃣ Build an appropriate management system and system, taking into consideration the content of regulations and the impact on your business.

Once the regulations that need to be addressed are clarified, we take into consideration the importance of each regulation and its impact on your company, and build a management system and system (practical manuals, check sheets, etc.) that are tailored to suit your company. let's. Although a certain management system has been established, there are cases where people continue to use old manuals with too much confidence, or they make rules so strict that they become a mere skeleton.

3️⃣ Perform regular checks and monitor for fraud and issues.

It's not just a matter of identifying the regulations that need to be met and building the necessary management system. Regularly check whether the decided rules are being implemented appropriately, whether there are any new regulations that need to be addressed, and whether there are any problems that could lead to regulatory violations in practice (including the possibility of such violations). It is necessary to take measures to improve and prevent recurrence.

Information on “integrated regulatory management” support provided by an administrative scrivener corporation

At our company, we mainly provide the following support depending on the implementation status and issues of regulatory compliance of our clients.

Identification of applicable regulations, etc.

Based on the results of interviews and fact-finding surveys, we identify laws and regulations that need to be caught up/take note of, based on current business content and future business development.

It can be used to prevent omissions and omissions by adding an outside perspective to a list of regulations that have been identified internally, and to periodically review applicable regulations.

Complying with applicable regulations

Our consultants will accompany you for a certain period of time to provide the necessary support in order to appropriately respond to the laws and regulations that have been identified.
　

Monitoring and support for regulatory compliance status

We will conduct a fact-finding investigation (internal audit) of business operations for the purpose of confirming and monitoring the status of compliance with identified laws and regulations, the implementation status of internal rules, etc., and the occurrence of fraud and problems related to compliance with regulations.

After preliminary and on-site inspections, we will identify deficiencies and problems related to compliance with regulations and submit them as a report. (Comments and improvement support available upon request)