JP Industrial Safety and Health Act — Mandatory Prevention of Skin Contact with Hazardous Chemical Substances
ENFORCEMENT TIMELINE
April 1, 2024 (protective equipment management and covered substances strengthened in stages through 2025 and 2026)
Overview
Following amendments to the Industrial Safety and Health Act, Japan is shifting away from a system of uniform, substance-specific ordinances, such as the Ordinance on Prevention of Hazards Due to Specified Chemical Substances, toward autonomous chemical substance management by businesses. As a core element of this shift, businesses that manufacture or handle chemical substances known to be capable of causing health damage through skin absorption are now fully required to have workers wear impervious protective equipment, including gloves, protective clothing, and safety goggles. The substances covered are broadly those classified under GHS Category 1 for skin or eye irritation or corrosion, or skin absorption, which includes a very large number of substances in everyday use in manufacturing, such as organic solvents, acids and alkalis, and certain metal compounds.
Enforcement Timeline
April 1, 2023: The amended ministerial ordinances are promulgated and partially take effect, beginning a voluntary compliance period for businesses.
April 1, 2024: The obligation to prevent skin contact with hazardous chemical substances takes full effect.
April 1, 2025: The appointment of a manager responsible for protective equipment management and stricter management practices under autonomous management take effect.
From April 1, 2026 onward: The scope of covered substances continues to expand in stages, as substances falling under GHS Category 1 are added, eventually reaching several thousand substances.
Business Impact
Unlike the previous approach of managing only a specific list of designated substances, this regulation requires businesses to conduct their own risk assessment and select appropriate protective equipment for nearly every hazardous chemical substance used on site. Businesses must select gloves made of an appropriate material, such as nitrile, butyl rubber, or Viton, based on the breakthrough time for the specific substances handled, and maintain an appropriate management log. Businesses must also ensure that workers consistently follow proper procedures for putting on and removing equipment and for disposal, substantially increasing the practical compliance burden. Failing to comply carries risks including prosecution for violating the Industrial Safety and Health Act if a worker is injured or becomes ill due to inadequate protective equipment, with penalties such as fines of up to 500,000 yen for the business or the chemical substance manager, and a significant risk of large civil damages claims for breach of the duty of care in the event of a workplace accident.