EHS Global Alert - Sample - Asia
17 February 2005

ISSN 1546-9026

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TABLE OF CONTENTS

China

Green government procurement of energy saving products put in place
Guideline for emergency measures for hazardous chemicals adopted
List of certified water saving devices released
Rules on safety training and training institutes specified
Strict safety control over installations producing or storing hazardous chemicals applied
Supervision on operators handling special equipment tightened

Hong Kong

40 environmental pollution convictions in December 2004
Air Pollution Control (Petrol Filling Stations) (Vapor Recovery) (Amendment) Regulation 2004 issued

India

Supreme Court orders hazardous waste to be destroyed and importers to pay costs

Indonesia

There is no activity to report this month.

Japan

2004 inspection results of tank lorries and vehicles transporting dangerous goods released
Environmental tax plan against global warming released
Japan Industrial Standards on Environmental Management System revised

Malaysia

There is no activity to report this month.

Philippines

Adopted Special Order creating Task Force on Environmental Protection

Singapore

Factories (Registration and Other Services - Fees and Forms) Amendment) Regulations, 2004 adopted
Maritime and Port Authority of Singapore adopts Dangerous Goods, Petroleum and Explosives Regulations, 2005
Ministry of Manpower to raise occupational health and safety standards after studying Europe's self regulatory framework
Scaffold contractor fined for violating safety requirements under the Factories Act

South Korea

Enforcement Ordinance of the Offensive Odor Control Act adopted
Enforcement Regulation of the Offensive Odor Control Act adopted
Printers, copy machines, and facsimile machines to be subject to mandatory recycling requirement
Safety management of tower cranes to be tightened
Scope and frequency of medical examination to be increased
Strict safety management for prevention of industrial accident required
Toxic Chemicals Control Act amended
Updated list of institutions for indoor air quality assessment released

Taiwan

Policy promoting waste separation by households launched
Restrictions under the Stockholm Convention to be imposed

Thailand

There is no activity to report this month.

SELECT COUNTRY ABSTRACTS

China

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Green government procurement of energy saving products put in place [8181]

Environment - Air/Climate/Odor
Environment - Public Policy
Environment - Water

Action: Legislation - Date of Adoption: 17-December-2004
On 17 December 2004, the Circular on the Government Procurement of Energy Saving Products was issued by the Ministry of Finance and the National Development and Reform Commission. Pursuant to the Government Procurement Law of 29 June 2002 and the Energy Conservation Law of 1 November 1997, the Circular of 17 December 2004 provides a list of energy efficient products and water saving devices.

Circular on the Government Procurement of Energy Saving Products (17 December 2004, National Development and Reform Commission)

Back to Table of Contents—China

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Guideline for emergency measures for hazardous chemicals adopted [6740]

Environment - Operations
Health and Safety - Emergency Response
Health and Safety - Management
Health and Safety - Occupational Medicine

Action: Legislation - Date of Adoption: 08-April-2004
On 8 April 2004, the Guideline on the Emergency Response Plan for Accidents involving Hazardous Chemicals) was adopted by the State Administration of Work Safety. The Guideline of 8 April 2004 provides a detailed guide for setting up an emergency response plan for a facility producing, handling, storing, transporting, using or disposing of hazardous chemicals. The Guideline of 8 April 2004 contains detailed provisions on an emergency response plan, including, amongst others: hazard source, emergency response department and emergency response personnel, and their responsibility, warning and notification procedure, emergency response facilities or equipment, evacuation, entry control to accident areas, inspection, rescue and control measures, first aid and medical treatment for injured persons, internal and external rescue security, emergency rescuing procedure, first aid training plan, emergency drill plan.

Guideline on the Emergency Response Plan for Accidents involving Hazardous Chemicals (8 April 2004, State Administration of Work Safety)

Back to Table of Contents—China

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List of certified water saving devices released [8263]

Environment - Product
Environment - Public Policy
Products - Design
Products - Standards

Action: Guidance - Date of Adoption: 01-September-2004
On 1 September 2004, the List of Certified Water Saving Devices was released by the China Certification Center for Energy Saving Products. The List of 1 September 2004 contains the names of companies and types of products certified as energy saving products.

List of Certified Water Saving Devices (1 September 2004, China Certification Center for Energy Saving Products)

Back to Table of Contents—China

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Rules on safety training and training institutes specified [8182]

Health and Safety - Management
Health and Safety - Persons

Action: Legislation - Date of Adoption: 28-December-2004
On 1 February 2005, the Measures on Safe Production Training of 28 December 2004 entered into force, which were adopted by the State Administration of Work Safety. Pursuant to the Safe Production Law of 29 June 2002, the Measures of 28 December 2004 stipulates detailed requirements on qualification of safety training institutes, categories of safety training and test of persons subject to safety training.

Measures on Safe Production Training (28 December 2004, State Administration of Work Safety)

Back to Table of Contents—China

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Strict safety control over installations producing or storing hazardous chemicals applied [8052]

Environment - Operations
Health and Safety - Construction
Health and Safety - Equipment
Health and Safety - Management
Health and Safety - Public Policy

Action: Legislation - Date of Adoption: 14-December-2004
On 1 January 2005, the Measures on Safety Inspection of Construction Project for Production and Storage of Hazardous Chemicals of 14 December 2004 entered into force, which were issued by the State Administration of Work Safety. Pursuant to the Regulation on Safety Management of Hazardous Chemicals of 26 January 2002, the Measures of 14 December 2004 stipulate that, when constructing installations producing or storing hazardous chemicals, the facility shall obtain an Opinion of Safety Inspection from the local Safe Production Supervision Bureau.

Measures on Safety Inspection of Construction Project for Production and Storage of Hazardous Chemicals (14 December 2004, State Administration of Work Safety)

Back to Table of Contents—China

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Supervision on operators handling special equipment tightened [8197]

Health and Safety - Equipment
Health and Safety - Persons
Health and Safety - Safe Operating Procedures

Action: Legislation - Date of Adoption: 10-January-2005
On 10 January 2005, the Measures on the Supervision of Special Operators were issued by the State Administration of Quality, Supervision, Inspection and Quarantine. Pursuant to the Regulation on Safety Supervision of Special Equipment of 11 March 2003, the Measures of 10 January 2005 stipulate types of operations involving special equipment and detailed requirement regarding qualification of operators of special equipment.

Measures on the Supervision of Special Operators (10 January 2005, State Administration of Quality, Supervision, Inspection and Quarantine)

Back to Table of Contents—China

Hong Kong

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40 environmental pollution convictions in December 2004 [7222]

Environment - Liability
Environment - Noise
Environment - Public Policy
Environment - Waste

Action: Background News - Date of Adoption: 20-July-2004
In December 2004, 40 convictions were recorded for breaches of environmental regulations enforced by the Environmental Protection Department. The name (company/person), date of offence, nature of offence, and applied fines (HK$)/other sentences are published on the website of the Environmental Protection Department. The heaviest penalty in November 2004 was HK$40,000 against Dickson Construction Company Limited for the use of powered mechanical equipment without valid construction noise permit under the Noise Control Ordinance.

List of Convictions made in December 2004 for Breaching Anti-Pollution Legislation (December 2004, Environmental Protection Department)

Back to Table of Contents—Hong Kong

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Air Pollution Control (Petrol Filling Stations) (Vapor Recovery) (Amendment) Regulation 2004 issued [8327]

Environment - Air/Climate/Odor

Action: Legislation - Date of Adoption: 18-December-2004
On 18 December 2004, the Air Pollution Control (Petrol Filling Stations) (Vapor Recovery) (Amendment) Regulation 2004 were adopted by the Legislative Council. The amended Regulation of 18 December 2004 requires petrol filling stations to install vapor recovery systems for recovering petrol vapor during vehicle refueling. The amended Regulation of 18 December 2004 is aimed to reduce volatile organic compounds (VOC) emissions into the air.

Air Pollution Control (Petrol Filling Stations) (Vapor Recovery) (Amendment) Regulation 2004 (18 December 2004, Legislative Council)

Back to Table of Contents—Hong Kong

India

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Supreme Court orders hazardous waste to be destroyed and importers to pay costs [8340]

Environment - Dangerous Substances
Environment - Waste

Action: Jurisprudence - Date of Adoption: 05-January-2005
On 5 January 2005 the Supreme Court ordered the incineration of 133 containers of hazardous waste oil. The oil had been left at Mumbai port and was classified as hazardous by a monitoring committee appointed by the court. The importers of the waste oil were instructed to lodge sufficient funds to cover the cost of the incineration. A similar issue is unfolding over a further abandoned 170 containers of waste oil which has been left unclaimed at the port. In this case, the customs authority has been asked to provide information on the importers so that action can be taken. Hazardous wastes are regulated under the Hazardous Wastes (Management and Handling) Rules 1989 which require that such wastes are properly handled and disposed of without any adverse effects which may result from such wastes and the occupier shall also be responsible for proper collection, reception, treatment, storage and disposal of these wastes either himself or through the operator of a facility.

2005 Indlaw SC 9 SUPREME COURT OF INDIA 'Research Foundation For Science Technology and Natural Resources Policy v Union of India and Another'.

Back to Table of Contents—India

Indonesia

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There is no activity to report this month.

Japan

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2004 inspection results of tank lorries and vehicles transporting dangerous goods released [8239]

Environment - Dangerous Substances
Environment - Operations
Health and Safety - Equipment

Action: Background News - Date of Adoption: 20-January-2005
On 20 January 2005, inspection results of November 2004 of tank lorries and vehicles transporting dangerous goods were released by the Fire and Disaster Management Agency. The inspection results of 20 January 2005 show that percentage of tank lorries and vehicles, which do not meet required technical standards, has not been decreasing since 2000. The Fire and Disaster Management Agency announced that it will tighten inspection and control of tank lorries and vehicles transporting dangerous goods.

Inspection Results of November 2004 of Tank Lorries and Vehicles Transporting Dangerous Goods (20 January 2005, Fire and Disaster Management Agency)

Back to Table of Contents—Japan

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Environmental tax plan against global warming released [2968]

Environment - Air/Climate/Odor
Environment - Public Policy

Action: Policy -
On 5 November 2004, an Environmental Tax Plan was released by the Ministry of Environment. Pursuant to the Plan of 5 November 2004, all types of fossil fuels and electricity would be subject to environmental taxes. In line with the Kyoto Protocol, the Japanese government has obligation to reduce greenhouse gas emission by 6% between 2008 to 2012 compared to the level of 1990.

Environmental Tax Plan (5 November 2004, Ministry of Environment)

Back to Table of Contents—Japan

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Japan Industrial Standards on Environmental Management System revised [8007]

Environment - Operations

Action: Guidance - Date of Adoption: 27-December-2004
On 27 December 2004, the revised Japanese Industrial Standards on Environmental Management System (EMS) (JIS Q14001) were issued by the Industrial Science and Technology Policy and Environment Bureau of the Ministry of Economy, Trade and Industry. The revised Standards of 27 December 2004 reflect changes in EMS standards in accordance with the revised ISO 14001:2004 and ISO 14004:2004 of 15 November 2004. The revised ISO EMS Standards of 15 November 2004 provide general guidelines on EMSs but have been improved to enhance clarity and compatibility with other standards.

Revised Japan Industrial Standards on Environmental Management System (27 December 2004, Ministry of Economy, Trade and Industry)

Back to Table of Contents—Japan

Malaysia

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There is no activity to report this month.

Philippines

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Adopted Special Order creating Task Force on Environmental Protection [8335]

Environment - Public Policy

Action: Legislation - Date of Adoption: 06-January-2005
On 6 January 2005, DENR Special Order No.2004-888 was adopted entitled "The creation of a task force on environmental protection under the Office of the Secretary to be known as the TASK FORCE SAGIP - KALIKASAN". The Task Force on Environmental Protection, which would be the primary agency in the protection and maintenance of the country's Environment and Natural Resources seek to avoid further danger to the environment and natural resources of the country; and implement a system that will be responsible for the protection of the whole country's environment and natural resources.

DENR Special Order No.2004-888 Subject: "The creation of a task force on environmental protection under the Office of the Secretary to be known as the TASK FORCE SAGIP - KALIKASAN".

Back to Table of Contents—Philippines

Singapore

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Factories (Registration and Other Services - Fees and Forms) Amendment) Regulations, 2004 adopted [8343]

Environment - Operations

Action: Legislation - Date of Adoption: 13-December-2004
On 13 December 2004 the Ministry of Manpower issued the Factories (Registration and Other Services - Fees and Forms) Amendment) Regulations, 2004, which require that fees be paid when applying for registration as an approved scaffold contractor, crane contractor or an approved person or authorized boiler inspector. They also make amendments to the amounts that are required to be paid for a certificate of registration for a construction worksite or shipyard and for factories, and provisional factory registration. Fees are also introduced for steam piping inspection and the extension of the inspection intervals of pressure vessels.

Factories (Registration and Other Services - Fees and Forms)(Amendment) Regulations 2004 (S762/2004)

Back to Table of Contents—Singapore

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Maritime and Port Authority of Singapore adopts Dangerous Goods, Petroleum and Explosives Regulations, 2005 [8360]

Environment - Dangerous Substances

Action: Legislation - Date of Adoption: 31-January-2005
On 31 January 2005 a new grouping system for dangerous goods came into force with the adoption of the Maritime and Port Authority of Singapore (Dangerous Goods, Petroleum and Explosives) Regulations, 2005 (S24/2005), replacing the current system which controls dangerous goods in a port. The system will be based on the International Maritime Organization (IMO) classes and UN numbers. The Regulations set out requirements which must be complied with carrying petroleum, dangerous cargoes, dangerous goods, arms and explosives. They set out general safety requirements and procedures which must be followed.

Maritime and Port Authority of Singapore Act - Maritime and Port Authority of Singapore (Dangerous Goods, Petroleum and Explosives) Regulations 2005

Back to Table of Contents—Singapore

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Ministry of Manpower to raise occupational health and safety standards after studying Europe's self regulatory framework [8355]

Health and Safety - Public Policy

Action: Background News -
The Ministry of Manpower announced on 23 January 2005 that it intends to study best occupational safety and health practices in Sweden, the United Kingdom, France and Germany with the aim of improving regulations and the overall framework governing occupational health and safety in Singapore.

Back to Table of Contents—Singapore

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Scaffold contractor fined for violating safety requirements under the Factories Act [8344]

Health and Safety - Safe Operating Procedures

Action: Jurisprudence -
On 13 January 2005 a scaffold contractor was convicted and fined SG$ 12,000 for failing to implement safe work procedures for the erection of a work platform at height. The Factories Act and its subsidiary legislation requires that hazards be identified and safe work procedures be implemented before carrying out work at height, including the erection of scaffolds. This was subsequent to an incident on 12 October 2003 in which a metal decking of the work platform was not secured and the scaffold erector was killed after falling from the platform 30 meters above the ground.

Back to Table of Contents—Singapore

South Korea

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Enforcement Ordinance of the Offensive Odor Control Act adopted [8303]

Environment - Air/Climate/Odor
Environment - Public Policy

Action: Legislation - Date of Adoption: 07-February-2005
On 7 February 2005, the Enforcement Ordinance of the Offensive Odor Control Act was adopted by the National Assembly. Pursuant to the Offensive Odor Control Act of 9 February 2004, the Enforcement Ordinance of 7 February 2005 stipulates specific requirements on facilities emitting offensive odor above the permissible emission standards on offensive odor.

Enforcement Ordinance of Offensive Odor Control Act (Presidential Ordinance of 18695, 7 February 2005)

Back to Table of Contents—South Korea

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Enforcement Regulation of the Offensive Odor Control Act adopted [4715]

Environment - Air/Climate/Odor
Environment - Operations

Action: Legislation - Date of Adoption: 07-February-2005
On 7 February 2005, the Enforcement Regulation of the Offensive Odor Control Act was adopted by the National Assembly. Pursuant to the Offensive Odor Control Act of 9 February 2004, the Enforcement Regulation of 7 February 2005 stipulates list of designated offensive odor substances, permissible emission standards, installations emitting offensive odor, notification requirement for the installation emitting offensive odor, and designation of institutions for surveying offensive odor emission.

Enforcement Regulation of the Offensive Odor Control Act (7 February 2005, National Assembly)

Back to Table of Contents—South Korea

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Printers, copy machines, and facsimile machines to be subject to mandatory recycling requirement [5626]

Environment - Waste

Action: Legislation - Date of Adoption: 30-November-2004
On 30 November 2004, amendments to the Enforcement Ordinance of the Act on the Promotion of Saving and Recycling of Resources were adopted by the National Assembly. Amongst others, the amended Enforcement Ordinance of 30 November 2004 stipulates mandatory recycling requirement of printers, copy machines, and facsimile machines from 1 January 2006.

Amendments to Enforcement Ordinance of Act on the Promotion of Saving and Recycling of Resources (Presidential Ordinance No.18593 of 30 November 2004, National Assembly)

Back to Table of Contents—South Korea

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Safety management of tower cranes to be tightened [8192]

Health and Safety - Equipment
Health and Safety - Management
Health and Safety - Safe Operating Procedures

Action: Proposal -
On 15 January 2005, amendments to the Regulation on Industrial Safety Standards were proposed by the Ministry of Labor. Pursuant to the Industrial Safety and Health Act, the proposed Regulation of 15 January 2005 would require strict safety management of operations involving tower cranes. Amongst others, when performing operations involving tower cranes, the employer would have to make operating procedures and inform the procedures to involved workers.

Proposed Amendments to the Regulation on Industrial Safety Standards (15 January 2005, Ministry of Labor)

Back to Table of Contents—South Korea

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Scope and frequency of medical examination to be increased [8223]

Health and Safety - Construction
Health and Safety - Exposure
Health and Safety - Occupational Medicine
Health and Safety - Persons

Action: Proposal -
On 24 December 2004, amendments to Enforcement Regulation of Industrial Safety and Health Act was proposed by the Ministry of Labor. The proposed Enforcement Regulation of 24 December 2004 contains requirements on frequency of work environment assessment, medical examination upon employment, medical examination for office workers, special medical examination for operations handling hazard factors, and health management of workers handling benzene, nickel or cadmium.

Proposed Amendments to Enforcement Regulation of Industrial Safety and Health Act (24 December 2004, Ministry of Labor)

Back to Table of Contents—South Korea

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Strict safety management for prevention of industrial accident required [8004]

Health and Safety - Liability
Health and Safety - Management

Action: Legislation - Date of Adoption: 28-December-2004
On 28 December 2004, amendments to the Enforcement Ordinance of the Industrial Safety and Health Act were adopted by the National Assembly. The amended Enforcement Ordinance of 28 December 2004 provides that, when having an industrial accident causing 2 or more fatalities, the facility will be subject to an order of suspension. If carrying out operations emitting high-level of noise, the employer shall appoint an appropriate safety manager.

Amendments to Enforcement Ordinance of Industrial Safety and Health Act (28 December 2004, National Assembly)

Back to Table of Contents—South Korea

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Toxic Chemicals Control Act amended [7361]

Environment - Dangerous Substances
Products - Chemical Restrictions

Action: Legislation - Date of Adoption: 31-December-2004
On 31 December 2004, the amendments to the Toxic Chemicals Control Act were adopted by the National Assembly. The Amendments of 31 December 2004 contain, amongst others, the following requirements: introduction of risk assessment system of chemicals, designation of severely restricted or banned substances, disclosure of toxic release inventory by a facility, strengthening of emergency response system against chemical accidents, and streamlining of import and export procedure of toxic substances.

Amendments to Toxic Chemicals Control Act (Law No.7292 of 31 December 2004, National Assembly)

Back to Table of Contents—South Korea

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Updated list of institutions for indoor air quality assessment released [7771]

Environment - Air/Climate/Odor
Health and Safety - Indoor Air Quality

Action: Legislation - Date of Adoption: 29-January-2005
On 29 January 2005, the updated List of Institutions for Indoor Air Quality Assessment was released by the Ministry of Environment. Pursuant to the Act on the Management of Indoor Air Quality in Buildings for Public Use of 29 May 2003, the facility is required to carry out an indoor air quality measurement by contracting qualified institutions designated by the Ministry of Environment.

List of Institutions for Indoor Air Quality Assessment (29 January 2005, Ministry of Environment)

Back to Table of Contents—South Korea

Taiwan

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Policy promoting waste separation by households launched [8330]

Environment - Public Policy
Environment - Waste

Action: Policy - Date of Adoption: 01-January-2005
On 1 January 2005, the Environmental Protection Administration announced a policy obliging households to separate wastes. The objectives of the policy are to reduce generation of wastes and promote recycling of wastes. The policy will be extended nationwide by the beginning of 2006.

Household Waste Separation Policy (1 January 2005, Environmental Protection Administration)

Back to Table of Contents—Taiwan

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Restrictions under the Stockholm Convention to be imposed [8333]

Environment - Dangerous Substances
Environment - Operations

Action: Background News -
On 12 November 2004, the Environmental Protection Administration announced that Taiwan abides by the Stockholm Convention on Persistent Organic Pollutants (POPs) and implements management of additional substances as recommended by United Nations Environment Programme. Taiwan is not party to the Stockholm Convention but has in place a management system for chemicals covered by the Stockholm Convention. Taiwan is in the process of establishing evaluation standards for some persistent toxic substances.

Taiwan adheres to Stockholm Convention on Persistent Organic Pollutants

Back to Table of Contents—Taiwan

Thailand

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There is no activity to report this month.


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