(1) Reasons for Proposal
The amended Chemicals Control Act (to be enforced on November 29, 2018) and the amended Enforcement Rule thereof strengthen provisions on such matters as regular training and obligations of the employees of specialized institutions, and prescribe criteria for determining inadequate or fraudulent preparation and detailed criteria for administrative penalties. Accordingly, this Amendment aims to modify the relevant notice to incorporate specific matters concerning the designation/modified designation of specialized institutions and operational status inspections, etc.
(2) Major Provisions
A. Check if the permanent employees of specialized institutions have completed training (Article 9, paragraph 4; Article 11, paragraph 2)
Submit a training completion certificate for employees registered for the first time (submit within 15 days of the date of training completion)
Report on the results of completion of regular training (submit to the President of the National Institute of Chemical Safety by January 31 of the following year)
B. Amend the grounds and method for conducting operational status inspections at specialized institutions (Article 12, Article 13)
Conduct spot checks in the event of doubt in accordance with the criteria for administrative penalties* including failure to meet designation requirements, fraudulent or inadequate preparation of off-site consequence analyses, and failure to comply with obligations for specialized institutions
* Enforcement Rule of the Chemicals Control Act, attached Table 7
Specify that when conducting an operational status inspection, the method of advance notification shall be in accordance with the Framework Act on Administrative Investigations
C. Specify administrative penalty procedures (Article 14)
Specify administrative penalty procedures for warnings, orders for improvement, and business suspension, and prescribe forms for administrative penalty orders, etc. (attached Forms 5 through 7)
Prescribe that the results of administrative penalties shall be recorded in an administrative penalties procedure and retained for 5 years
