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Japan’s Ministry of Health, Labour and Welfare (MHLW) approved the revised Ordinance on Industrial Safety and Health (hereafter referred to as the Ordinance) on May 31, 2022, which brings changes to improve chemical risk assessments and workplace safety as it transitions to a self-regulated risk assessment model for chemicals under the ISHL.
Under the ISHL mechanism, hazardous chemical substances that are subject to mandatory SDSs and labelling obligations are also subject to risk assessment in the workplace. According to the revised Ordinance, employers are obliged not only to assess the risks exposed to these substances in the workplace, but also have an obligation to reduce workers’ exposure through
Using alternatives;
Improving ventilation and engineering controls;
Improving working methods; and
Providing them with personal protection equipment
This requirement will take effect from 1 April 2023.
The ministry expects to select some substances from the substances that are subject to risk assessment in the workplace and set exposure limits. Employers are obliged to ensure these substances’ exposure levels are below the corresponding limits stipulated by the ministry, otherwise they will not be allowed to be used. The ministry will begin enforcing this new rule from April 1, 2024.
So far, the ministry hasn’t announced the list of substances with exposure limits. However, in the internal meeting held on December 15, 2022, the ministry proposed a schedule to select the substances. Further ministry reviews and discussions will be conducted in the following years.
In 2022: 118 substances (of which 21 substances have completed the initial investigation)
In 2023: 168 substances
In 2024: 182 substances
2025 and beyond: about 390 substances
According to the schedule, it is difficult for the ministry to complete the substances screening and designation work before April 1, 2024 when the new rule takes effect. Instead, only the first batch of substances will be announced before the due date and the MHLW list will continue to be updated after that.
In addition, Japan is working on standards for employers to measure workplace exposure to specific hazardous substances.
