On finding that it is necessary to do so in order to prevent the impairment of workers' health by a chemical substance that could give workers cancer or cause workers to sustain any other significant impairment to health, the Minister of Health, Labour and Welfare may, pursuant to Order of the Ministry of Health, Labour and Welfare, instruct employers that manufacture, import or use this chemical substance or other employers prescribed by Order of the Ministry of Health, Labour and Welfare to carry out the toxicity assessments specified by Cabinet Order (meaning assessment of the influence of that chemical substance on the impairment of workers' health) and to report the results.
The Minister of Health, Labour and Welfare is to give any instructions as under the provisions of the preceding paragraph in conformity with the standards established by the Minister of Health, Labour and Welfare, in consideration of things such as the technical level of the toxicity assessment of the chemical substance, the preparedness of the institution carrying out the investigation, and the investigative abilities of the employer concerned, in a comprehensive manner.
Before issuing the instructions under the provisions of paragraph (1), the Minister of Health, Labour and Welfare must first hear the opinions of persons with relevant knowledge and experience, pursuant to Order of the Ministry of Health, Labour and Welfare.
厚生労働大臣は、第一項の規定による指示を行おうとするときは、あらかじめ、厚生労働省令で定めるところにより、学識経験者の意見を聴かなければならない。
An employer that has carried out a toxicity assessment under the provisions of paragraph (1) must promptly take the necessary measures based on the results of that investigation to prevent impairment of workers' health by the relevant chemical substance.
A person with relevant knowledge and experience who has been asked for an opinion on the instructions under the provisions of paragraph (1) pursuant to the provisions of paragraph (3) must not divulge any secret learned in connection with those instructions; provided, however, that this does not apply if the person is compelled to disclose this information for the purpose of preventing the impairment of workers' health.
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