(1) Reasons for Proposal

This Amendment aims to promote the efficient operation of the system by ensuring timely preparation of subordinate laws in accordance with the amended Chemicals Control Act and its enforcement, and addressing a number of weaknesses in current provisions.

In accordance with the amendment to and enforcement of the Chemicals Control Act (November 29, 2018) concerning off-site consequence analyses, the Amendment aims to strengthen the management of institutions for off-site consequence analysis by amending the designation standards for such institutions to require a number of essential staff in proportion to the number of support staff, prescribes specific matters concerning training and matters to be observed by the institutions, prescribes the disclosure of the business suspension or revocation of designation of institutions, prescribes a 1-month notification period for contracting parties, and specifies the criteria for administrative measures.

In accordance with the amendment to and enforcement of the Chemicals Control Act (November 29, 2018) concerning hazard control plans, the Amendment specifies provisions on such matters as the scope and procedure of onsite surveys when reviewing hazard control plans, inspections to verify compliance with hazard control plans, and administrative measures to address non-compliance with hazard control plans.

In regard to facility standards for handling facilities, the Amendment aims to ensure timely incorporation of new technologies, etc., into facility standards by modifying the system such that the Enforcement Rule only prescribes essential matters concerning safety assurance at handling facilities, and any specific/detailed standards are prescribed in a National Institute of Chemical Safety Notice and as technical requirements deliberated on by the Chemicals Control Committee.

The Amendment also allows mutually non-reactive chemicals to be transported together instead of prohibiting the co-transportation of flammable/combustible substances under all circumstances. It specifies a general obligation to comply with all legal requirements for handling substances requiring preparation for accidents, deletes requirements that overlap with the Act, and amends contradicting provisions. When granting permission for conducting hazardous chemical business, it allows onsite checks to be omitted and entrusts the permitting institution to make a judgment for sales businesses without handling facilities and other cases where onsite checks are unnecessary. The Amendment also addresses a number of other weaknesses that have emerged from operation.

(2) Major Provisions

A. Amend matters concerning disclosure procedure for the results of surveys of chemicals and information (Article 6, attached Form 5)

※ Timely preparation of subordinate laws (to be enforced on November 29, 2018)

1) Amend the numbering of provisions in accordance with the amended Act (to be enforced on November 29, 2018)

B. Strengthen management of institutions for off-site consequence analysis (Article 20-3, Article 20-4, attached Table 4-2, attached Table 4-3, attached Table 7)

※ Timely preparation of subordinate laws (to be enforced on November 29, 2018)

1) Strengthen designation requirements for institutions to prescribe that for every 10 support staff members, there shall be 1 essential staff member to examine the validity of such matters as the range of off-site consequences and safety assurance measures in the event of a chemical accident

2) Require essential and support staff to receive initial training within 6 months of registration, followed by refresher training every 3 years thereafter; prescribe different training content for essential and support staff; exempt from the initial training those individuals who have completed an intensive course for drafters at the time of designation; and specify other matters concerning training and matters for compliance by institutions

3) Prescribe the disclosure of the business suspension and revocation of designation of institutions; prescribe a 1-month notification period for contracting parties; and specify the relevant criteria for administrative measures

C.  Specify provisions concerning hazard control plan reviews and inspections to verify compliance with hazard control plans (Article 47, Article 47-2, attached Table 7)

※ Timely preparation of subordinate laws (to be enforced on November 29, 2018)

1) Specify the scope, procedure, etc., of onsite investigations of hazard control plans

2) Acknowledge examination results for basic information (handling facilities, substances handled, process drawings, etc.) prepared in duplicate in cases where it has been less than 1 year since a process-safety report (Article 49-2 of the Occupational Safety and Health Act) or safety improvement plan (Article 13-2 of the High-pressure Gas Safety Control Act) has been examined

3) Specify matters concerning inspections to verify compliance with hazard control plans, and administrative measures to address non-compliance with hazard control plans

D. Specify workplace access/authorities of the President of the National Institute of Chemical Safety (Article 40, Article 54)

1) Specify that the President of the National Institute of Chemical Safety shall be authorized to access and conduct inspections of workplaces and to take administrative measures against a workplace or provide guidance/supervision in accordance with the duties entrusted to him or her

E. Modify the facility standards system for handling facilities (attached Table 5)

1) To ensure timely incorporation of new technologies, etc., prescribe only essential matters concerning safety assurance at handling facilities in the Enforcement Rule; and prescribe any specific/quantitative criteria in a National Institute of Chemical Safety Notice and as technical requirements deliberated on by the Chemicals Control Committee

F. Modify the blanket ban on mixed loading (attached Table 1)

1) Modify provisions prohibiting the co-transportation of flammable and combustible substances under all circumstances to instead prescribe that mutually non-reactive chemicals may be transported together

G. Modify control standards for substances requiring preparation for accidents (attached Table 9)

1) Delete provisions that overlap with the Act including those concerning the wearing of personal protective equipment and identity verification for mail orders

2) Delete the retention period for handover documents (at least 3 years) and outsider access control ledgers (at least 1 year) since they contradict Article 50 of the Act (50 years), but maintain the prohibition on sale to juveniles; and modify the retention period for guardian consent forms from 3 years to 5 years in accordance with Article 50 of the Act

3) Require any facility handling substances with a risk of theft or appropriation to clearly state that access control and other matters necessary for safety are intended for the purpose of preventing outsider access

H. Simplify the onsite checking procedure for workplaces when granting business permits (attached Form 43, attached Form 46)

1) Allow the checking procedure to be omitted when granting permission for hazardous chemical business and entrust the permitting institution to make a judgment for sales businesses without handling facilities and other cases where onsite checks are unnecessary