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# This English translation of the Industrial Safety and Health Act has been prepared (up to the revisions of Act No. 25 (Effective April 1, 2006) in compliance with the Standard Bilingual Dictionary (March 2006 edition). This is an unofficial translation. Only the original Japanese texts of laws and regulations have legal effect, and the translations are to be used solely as reference material to aid in the understanding of Japanese laws and regulations. The Government of Japan shall not be responsible for the accuracy, reliability or currency of the legislative material provided in this Website, or for any consequence resulting from use of the information in this Website. For all purposes of interpreting and applying law to any legal issue or dispute, users should consult the original Japanese texts published in the Official Gazette.
Industrial Safety and Health Act (Act No. 57 of 1972)
Chapter I. General Provisions
Article 1. (Purpose)
The purpose of this Act is to secure, in conjunction with the Labor Standards Act (Act No. 49 of 1947), the safety and health of workers in workplaces, as well as to facilitate the establishment of comfortable working environment, by promoting comprehensive and systematic countermeasures concerning the prevention of industrial accidents, such as taking measures for the establishment of standards for hazard prevention, clarifying the safety and health management responsibility and the promotion of voluntary activities with a view to preventing industrial accidents
Article 2. (Definitions)
For the purpose of this Act, the terms listed in the following items shall be defined as follows:
(i) "industrial accident" shall be defined as a case in which a worker is injured, contracts a disease or is killed due to causes attributable to buildings, facilities, raw materials, gases, vapors, dusts, etc., in or with which he is employed, or as a result of his work actions or attending to his duties;
(ii) "worker" shall be defined as in Article 9 of the Labor Standards Act (excluding a person who is employed at an undertaking or office at which only relatives who are living together are employed, and a housework employee.);
(iii) "employer" shall be defined as one who carries on an undertaking and employs a worker or workers;
(iii)-2 "chemical substance" shall be defined as an element or a compound;
(iv) "working environment measurement" shall be defined as measurement design, sampling and analysis (including analytical research) carried out on the atmospheric environment and other working environments in order to grasp the actual conditions of the working environment.
Article 3. (Responsibilities of Employer, etc.)
(1) The employer shall not only comply with the minimum standards for preventing industrial accidents provided for in this Act, but also endeavor to ensure the safety and health of workers in workplaces through creating a comfortable working environment and improving working conditions. He/She shall, furthermore, endeavor to cooperate in the measures for the prevention of industrial accidents to be taken by the State.
(2) A person who designs, manufactures or imports machines, instruments and other equipment, or one who manufactures or imports raw materials, or one who constructs or designs buildings, shall endeavor, in designing, manufacturing, importing or constructing them, to contribute to the prevention of the occurrence of industrial accidents caused by their use.
(3) An orderer of construction work, etc. who commissions work to others, shall consider not to impose on them conditions which may impede performing safe and healthy work in terms of construction methods, period, etc.
Article 4.
Workers shall, not only observe matters necessary for preventing industrial accidents, but also endeavor to cooperate in the measures pertaining to prevention of industrial accidents conducted by employers or other said parties.
Article 5. (Application of Provisions Related to the Employer)
(1) Where two or more employers, in a construction-related undertaking, happen to have contracted jointly for construction work to be carried out at one site, they shall, as provided for by The Ordinance of the Ministry of Health, Labor and Welfare, appoint one of them as their representative and notify the Director of the Prefectural Labor Bureau accordingly.
(2) Where the notification under the provisions of the preceding paragraph has not been given, the Director of the Prefectural Labor Bureau shall designate the representative.
(3) The change of the representative set forth in the preceding two paragraphs shall not be valid unless notification is given to the Director of the Prefectural Labor Bureau.
(4) In the case provided for in paragraph (1), this Act shall be applied by regarding such undertaking as an undertaking solely of the representative set forth in paragraph (1) or (2), the said representative alone as the employer in the said undertaking, and the workers engaged in the work in such undertaking as workers employed by the said representative alone.
Chapter II Industrial Accident Prevention Plan
Article 6. (Formulation of an Industrial Accident Prevention Plan)
The Minister of Health, Labor and Welfare shall, after hearing the opinion of the Labor Policy Council, formulate a Plan which shall provide for the main measures for preventing industrial accidents and other important matters related to the prevention of industrial accidents (hereinafter referred to as "Industrial Accident Prevention Plan").
Article 7. (Alteration)
When the Minister of Health, Labor and Welfare finds it necessary taking into account the occurrence of industrial accidents and the effects of their countermeasures, he/she shall alter the Industrial Accident Prevention Plan after hearing the opinion of the Labor Policy Council.
Article 8. (Publication)
The Minister of Health, Labor and Welfare shall, when he/she has formulated an Industrial Accident Prevention Plan, make it public without delay. The same shall apply when he/she alters it.
Article 9. (Recommendations, etc.)
The Minister of Health, Labor and Welfare shall, when he/she finds it necessary for the adequate and smooth implementation of the Industrial Accident Prevention Plan, make necessary recommendations or requests regarding matters concerning the prevention of industrial accidents to employers, employers' organizations, and other said persons.
Chapter III Organization for Safety and Health Management
Article 10. (General Safety and Health Manager)
(1) The employer shall, as provided for by the Ordinance of the Ministry of Health, Labor and Welfare, appoint a general safety and health manager for each workplace of the scale defined by Cabinet Order and have the said person direct the work of safety officers, health officers, or persons in charge of management of technical matters pursuant to the provisions of paragraph (2) of Article 25-2, and at the same time exercise overall management of the following matters:
(i) Matters pertaining to measures for the prevention of the dangers or health impairment of workers
(ii) Matters pertaining to the provision of education on the safety and health of workers
(iii) Medical examination and others for maintaining and promoting workers' health
(iv) Matters pertaining to the investigation of the causes of industrial accidents and the measures for preventing the recurrence of such accidents
(v) In addition to the matters listed in the preceding each item, services necessary for preventing industrial accidents provided for by the Ordinance of the Ministry of Health, Labor and Welfare.
(2) The position of the general safety and health manager shall be filled with the person who exercises overall management over the execution of the undertaking at the said workplace.
(3) The Director of the Prefectural Labor Bureau may, when he/she finds it necessary in order to prevent industrial accidents, make recommendations to the employer on the performance of the general safety and health manager.
Article 11. (Safety Officer)
(1) The employer shall, as provided for by the Ordinance of the Ministry of Health, Labor and Welfare, appoint a Safety Officer from among those in possession of the qualification provided for by the Ordinance of the Ministry of Health, Labor and Welfare at each workplace of the scale and in the industries defined by Cabinet Order, and have the said safety officer take charge of the technical matters related to safety among the matters listed in each item of paragraph (1) of the preceding Article. (In a case in which persons in charge of management of technical matters pursuant to the provisions of paragraph (2) of Article 25-2 are appointed, the matters listed in each item of paragraph (1) of the same Article shall not be applied.)
(2) The Chief of the Labor Standards Office may, when he/she finds it necessary in order to prevent industrial accidents, order the employer to increase the number of safety officers or dismiss the current safety officer.
Article 12. (Health Officer)
(1) The employer shall, as provided for by the Ordinance of the Ministry of Health, Labor and Welfare, appoint a Health Officer in accordance with the classification of the work at the said workplace concerned from among those who have obtained a license from the Director of the Prefectural Labor Bureau or those in possession of the qualification provided for by the Ordinance of the Ministry of Health, Labor and Welfare, at each workplace of the scale defined by Cabinet Order, and have the said health officer take charge of the technical matters related to health among the matters listed in each item of paragraph (1) of Article 10. (In a case in which persons in charge of the management of technical matters pursuant to the provisions of paragraph (2) of Article 25-2 are appointed, the matters listed in each item of paragraph (1) of the same Article shall be not be applied.)
(2) The provisions of paragraph (2) of the preceding Article shall apply mutatis mutandis to a Health Officer.
Article 12-2. (Safety and Health Promoter, etc.)
For workplaces other than those provided for by paragraph (1) of Article 11 and paragraph (1) of the preceding article, the employer shall appoint a Safety and Health Promoter (or a health promoter for workplaces other than those provided for by the Cabinet Order cited in paragraph (1) of Article 11) at the scale provided for by the Ordinance of the Ministry of Health, Labor and Welfare as provided for by the Ordinance of the Ministry of Health, Labor and Welfare, and shall the safety and health promoter perform the functions set forth in the items of paragraph (1) of Article 10. (In case having appointed the person who manages the technical matters pursuant to the provisions of paragraph (2) of Article 25-2, excluding measures corresponding to those prescribed in each item of paragraph (1) of the same Article, and in case of type of workplaces other than those provided for by paragraph (1) of Article 11 of the Cabinet Order, restricted to the health service).
Article 13. (Industrial Physician, etc.)
(1) The employer shall, at each workplace of the scale defined by Cabinet Order and as provided for by the Ordinance of the Ministry of Health, Labor and Welfare, appoint an industrial physician from among medical doctors, and have the said person provide health care for workers and carry out other matters provided for by the Ordinance of the Ministry of Health, Labor and Welfare (hereinafter referred to as "health care, etc., for workers").
(2) The industrial physician shall be a person who meets the requirements provided for by the Ordinance of the Ministry of Health, Labor and Welfare concerning the knowledge of medicine required to carry out health care, etc., for workers.
(3) The industrial physician may make the necessary recommendations for workers regarding health care, etc., to the employer where it is deemed necessary to maintain the health of the workers.
(4) Where the employer receives recommendations provided for in the preceding paragraph, he shall respect them.
Article 13-2.
The employer shall endeavor to have a physician with the knowledge of medicine required to carry out health care, etc., for workers or a person provided for by the Ordinance of the Ministry of Health, Labor and Welfare to carry out all or a part of the health care, etc., for workers at workplaces not covered by paragraph (1) of the preceding article.
Article 14. (Operations Chief)
For operations designated by Cabinet Order as those which require prevention control of industrial accidents, such as operations within high pressure rooms, the employer shall, as provided for by the Ordinance of the Ministry of Health, Labor and Welfare, appoint an Operations Chief in accordance with the classification of work, from among those licensed by the Director of the Prefectural Labor Bureau, or those who have finished the skill training course conducted by one registered by the Director of the Prefectural Labor Bureau, and have the said person direct the employees engaged in the said work and handle other matters provided for by the Ordinance of the Ministry of Health, Labor and Welfare.
Article 15. (Overall Safety and Health Controller)
(1) Among the employers with a contractor who carries out a part of the work in an undertaking executed at one place (where as there exists two or more contracts under which a part of the work in the undertaking is begun, there exist two or more such employers, employer who ordered the earliest contract; hereinafter referred to as the "Principal Employer"), one (hereinafter referred to as "Specified Principal Employer") who carries on an undertaking (hereinafter referred to as "Specified Undertaking") related to construction or other industries prescribed by Cabinet Order, shall, where workers employed by him/her and by his/her contractors (where the work in the said undertaking of the principal employer is carried out under subcontracts of several levels, subcontractors who are party to subsequent subcontractors shall be included; hereinafter referred to as "related contractors") perform work at the said place, appoint an overall safety and health controller in order to prevent industrial accidents which may occur as a result of the work carried out by these workers at the same place, and have him/her direct the work of Principal Safety and Health Supervisors, and at the same time exercise overall control over the matters provided for in each item of paragraph (1) of Article 30; provided that this shall not apply where the number of such workers does not reach the figure provided for by Cabinet Order.
(2) The position of the overall safety and health controller shall be filled by a person who exercises overall control over the execution of the undertaking at the said place.
(3) In the case provided for by paragraph (4) of Article 30, where the total number of workers stated in the said paragraph is equal to or above the figure prescribed by Cabinet Order, the designated employer shall appoint an overall safety and health controller in order to prevent industrial accidents which may occur as a result of the work carried out by these workers at the same place, and have the said person direct the work of principal safety and health supervisors. At the same time this person shall exercise overall control over the matters provided for in each item of paragraph (1) of Article 30; in this case, the provisions of paragraph (1) shall not apply to the specified employer and employers other than the specified employer.
(4) In addition to the provisions of paragraph (1) and the preceding paragraph, in the case that the work prescribed by paragraph (1) of Article 25-2 is carried out under subcontracts of several levels, the employer who has appointed an overall safety and health controller pursuant to paragraph (1) or the preceding paragraph shall have the overall safety and health controller direct the work of persons in charge of management of technical matters pursuant to the provisions of paragraph (2) of Article 25-2 as they apply mutatis mutandis to paragraph (5) of Article 30-3, and at the same time exercise overall control over the measures provided for in each item of paragraph (1) of Article 30.
(5) The provisions of paragraph (3) of Article 10 shall apply mutatis mutandis to the execution of the business which falls under the overall safety and health controller. In this case, "the employer" in the said paragraph shall be read as "the employer who has appointed the overall safety and health controller."
Article 15-2. (Principal Safety and Health Supervisor)
(1) Among the employers who have appointed overall safety and health controllers under the provisions of paragraph (1) or (3) of Article 15, the one who executes an undertaking belonging to construction or other industries prescribed by Cabinet Order shall, as provided for by the Ordinance of the Ministry of Health, Labor and Welfare, appoint a principal safety and health supervisor, from among those in possession of the qualification provided for by the Ordinance of the Ministry of Health, Labor and Welfare, and have the said person take charge of technical matters out of the matters listed in each item of paragraph (1) of Article 30.
(2) The provision of paragraph (2) of Article 11 shall apply mutatis mutandis to the principal safety and health supervisor. In this case, "the employer" in the said paragraph shall be read as "the employer who has appointed the principal safety and health supervisor."
Article 15-3. (Site Safety and Health Supervisor)
(1) Where the workers of a principal employer of a construction industry and the workers of a related contractor carry out work at one work site (excluding work sites where the number of such workers is less than that as provided for by the Ordinance of the Ministry of Health, Labor and Welfare and work sites where an overall safety and health controller must be appointed under the provisions of paragraphs (1) and (3) of Article 15), the principal employer shall appoint a site safety and health supervisor from among persons holding the qualifications provided for by the Ordinance of the Ministry of Health, Labor and Welfare for each site contracted for work in order to prevent industrial accidents as a result of the work carried out by workers at the same site, and have that person supervise the one in charge of the provisions of each item of paragraph (1) of Article 30 and other matters provided for by the Ordinance of the Ministry of Health, Labor and Welfare at the said work site where the contracted work is executed.
(2) In the case provided for by paragraph (4) of Article 30, where the number of workers exceeds the number provided for by the Ordinance of the Ministry of Health, Labor and Welfare for the said paragraph (excluding work sites where an overall safety and health controller must be appointed under the provisions of paragraphs (1) and (3) of Article 15), the specified employer who carries out a construction industry project shall appoint a site safety and health supervisor from among persons holding the qualifications provided for by the Ordinance of the Ministry of Health, Labor and Welfare for each site contracted for work in order to prevent industrial accidents as a result of the work carried out by workers at the same site, and have that person supervise the one in charge of the provisions of the items of paragraph (1) of Article 30 and other matters provided for by the Ordinance of the Ministry of Health, Labor and Welfare at the said work site where the contracted work is executed. In this case, the provisions of the preceding paragraph shall not apply to the specified employer or any other employer.
Article 16. (Safety and Health Controller)
(1) In the case of paragraph (1) or (3) of Article 15, a contractor who performs the said work himself/herself, other than the employer required to appoint the overall safety and health controller under these provisions shall appoint a safety and health controller and have the said person perform the liaison with the overall safety and health controller and other matters provided for by the Ordinance of the Ministry of Health, Labor and Welfare.
(2) A contractor who has appointed a safety and health controller under the provisions of the preceding paragraph shall notify the employer (set forth in the same paragraph) of the fact without delay.
Article 17. (Safety Committee)
(1) The employer shall establish a safety committee at each workplace of the scale and in the industries defined by Cabinet Order, in order to have it investigate and deliberate on the following matters and submit its opinion to the employer:
(i) Matters pertaining to the basic measures for preventing dangers to workers
(ii) Matters pertaining to safety among the causes of industrial accidents and countermeasures to prevent its recurrence
(iii) In addition to the matters listed in preceding two items, important matters pertaining to prevention of workers from dangers.
(2) The safety committee shall be composed of the members stated below, and the number of members under item (i) (hereinafter referred to as "item (i) member") shall be only one:
(i) The general safety and health manager, or other person designated by the employer from among those who will exercise overall control over the execution of the undertaking at the said workplace, or those similar to the above.
(ii) One whom the employer designated from among safety officers.
(iii) One whom the employer designated from among the workers at the said workplace who possesses experience in safety
(3) The member of item (i) shall chair the safety committee.
(4) As regards the members other than the item (i) member, the employer shall designate those recommended by the trade union where there exists a trade union organized by a majority of workers at the said workplace or by those representing a majority of workers where there exists no trade union organized by a majority of workers.
(5) Where a collective agreement concluded with the trade union organized by a majority of the workers at the said workplace provides for otherwise, the provisions of the preceding two paragraphs shall not apply to that extent.
Article 18. (Health Committee)
(1) The employer shall establish a health committee at each workplace of the scale defined by Cabinet Order, in order to have it investigate and deliberate on the following matters and state its opinion to the employer:
(i) Matters pertaining to the basic measures for preventing worker' health impairment
(ii) Matters pertaining to the basic measures for maintaining and improving the health of workers
(iii) Matters pertaining to health among the causes of industrial accidents and countermeasures to prevent its recurrence
(iv) In addition to the matters listed in preceding three items, important matters pertaining to prevention of workers' health impairment, and maintaining and improving the workers' health.
(2) The health committee shall be composed of the members stated below, and the number of members under item (i) shall be only one:
(i) The general safety and health manager, or other person designated by the employer from among those who will exercise overall control over the execution of the undertaking at the said workplace, or those similar to the above.
(ii) One whom the employer designated from among health officers
(iii) One designated by the employer from among industrial physicians
(iv) One whom the employer designated from among the workers at the said workplace who possesses experience in health.
(3) The employer may designate as a member of the health committee a working environment measurement expert in charge of working environment measurement employed at the said workplace.
(4) The provisions of paragraphs (3) to (5) of the preceding Article shall apply mutatis mutandis to the health committee; in this case, "item (i) member" in paragraphs (3) and (4) of the said Article shall be read as "a member who is a person mentioned in item (i) of paragraph (2) of Article 18."
Article 19. (Safety and Health Committee)
(1) The employer may, where he has to establish the safety committee and the health committee under the provisions of Article 17 and the preceding Article, set up a safety and health committee in lieu of the respective committees.
(2) The safety and health committee shall be composed of the members stated below, and the number of the members under item (i) shall be only one.
(i) The general safety and health manager, or other person designated by the employer from among those who will exercise overall control over the execution of the undertaking at the said workplace, or those similar to the above.
(ii) One whom the employer designated from among safety officers and health officers
(iii) One designated by the employer from among industrial physicians
(iv) One whom the employer designated from among the workers at the said workplace who possesses experience in safety.
(v) One whom the employer designated from among the workers at the said workplace who possesses experience in health.
(3) The employer may designate as a member of the health committee a working environment measurement expert in charge of working environment measurement employed at the said workplace.
(4) The provisions of paragraph (3) to (5) of Article 17 shall apply mutatis mutandis to the safety and health committee; in this case, "item (i) member" in paragraphs (3) and (4) of the said Article shall be read as "a member who is a person mentioned in item (i) of paragraph (2) of Article 19."
Article 19-2. (Education etc. of Safety Officers, etc.)
(1) The employer shall endeavor to provide education and training or the chance of receiving education and training to the safety officers, health officers, safety and health promoters, health promoters and others in charge of other functions for preventing industrial accidents in order to enhance their individual abilities to improve the safety and health control level at the workplace.
(2) The Minister of Health, Labor and Welfare shall publish the guidelines for the appropriate and effective execution of the education and training set forth in the preceding paragraph.
(3) The Minister of Health, Labor and Welfare may provide the necessary guidance to individual employers and organizations of employers under the guidelines in the preceding paragraph.
Article 19-3. (State Assistance)
The State shall endeavor to provide consultation, information and other necessary support concerning health care, etc., for workers in order to contribute to maintaining the health of workers at the workplace as provided for in Article 13-2.
Chapter IV Measures for Preventing the Dangers or Health Impairment of Workers
Article 20(Measures to Be Taken by Employers, etc.)
The employer shall take necessary measures for preventing the following dangers:
(i) Dangers due to machines, instruments and other equipment (hereinafter referred to as "machines, etc.")
(ii) Dangers due to substances of an explosive nature, substances of a combustible nature and substances of an inflammable nature
(iii) Dangers due to electricity, heat and other energy
Article 21.
(1) The employer shall take necessary measures for preventing any dangers arising from the following working methods: excavation, quarrying, cargo handling, lumbering, etc.
(2) The employer shall take necessary measures for preventing dangers related to places from which workers could fall or where there are concerns about slides of sand or earth.
Article 22.
The employer shall take necessary measures for preventing health impairment as follows:
(i) Health impairment due to raw materials, gases, vapors, dusts, insufficient oxygen in air, pathogens, etc.
(ii) Health impairment due to radiation, high temperatures, low temperatures, ultrasonic waves, noises, vibration, abnormal atmospheric pressure, etc.
(iii) Health impairment due to operations such as gauge monitoring, precision work, etc.
(iv) Health impairment due to exhaust fumes, waste fluid or solid wastes.
Article 23
The employer shall, respecting the buildings and other workshops where he employs workers, take necessary measures for the maintenance of passages, floor and stair areas, and also for ventilation, lighting, illumination, heating, and moisture prevention. In addition, the employer shall take necessary measures for rest, evacuation and sanitation, and also measures required for maintaining the health, morale and life of workers.
Article 24.
The employer shall take necessary measures for preventing industrial accidents arising from the work actions or behavior of workers.
Article 25.
The employer shall, where there exists an imminent danger of occurrence of an industrial accident, immediately stop the operation and take necessary measures to have the workers evacuate from the workshop.
Article 25-2.
(1) The employer who carries out the work prescribed by Cabinet Order from among the works in the undertakings related to construction or other industries prescribed by Cabinet Order shall take the following measures in order to prevent the occurrence of industrial accidents where measures relating to the relief and protection of workers are taken against the occurrence of explosion, fire, etc.:
(i) Installation and management of machines, etc., required in relation to the relief and protection of workers
(ii) Training for necessary matters in relation to the relief and protection of workers
(iii) In addition to the matters listed in preceding two items, execution of necessary matters in relation to the relief and protection of workers in preparation for explosion, fire, etc.
(2) The employer prescribed in the preceding paragraph shall, as provided for by the Ordinance of the Ministry of Health, Labor and Welfare, appoint a person in charge of technical matters from among the measures in each item of the said paragraph, from among those in possession of the qualification provided for by the Ordinance of the Ministry of Health, Labor and Welfare, and have the said person take charge of the said technical matters.
Article 26.
Workers shall, in response to the measures taken by the employer under the provisions from Articles 20 to 25 and of paragraph (1) of the preceding Article, observe the necessary matters.
Article 27.
(1) The measures to be taken by the employer pursuant to the provisions of Articles from 20 to 25 and of paragraph (1) of Article 25-2, and the measures to be observed by the workers under the provisions of the preceding Article shall be prescribed by the Ordinance of the Ministry of Health, Labor and Welfare.
(2) Consideration shall be given, in preparing the Ordinance of the Ministry of Health, Labor and Welfare set forth in the preceding paragraph, lest it should run counter to the principle of acts and ordinances concerning the prevention of what is closely related to industrial accidents, out of disasters of the general public including environmental pollution (meaning environmental pollution defined in paragraph (3) of Article 2 of the Basic Act for Environmental Pollution Control - Act No. 91 of 1993).
Article 28. (Publication of Technical Guidelines, etc.)
(1) The Minister of Health, Labor and Welfare shall make public the technical guidelines for each industry and operation necessary to ensure the appropriate and effective implementation of measures which the employer is required to take pursuant to the provisions of Article from 20 to 25 and of paragraph (1) of Article 25-2.
(2) The Minister of Health, Labor and Welfare shall give special consideration to middle-aged and aged workers in preparing the technical guidelines specified in the preceding paragraph.
(3) The Minister of Health, Labor and Welfare shall make public guidelines for the employer who manufactures or treats the following chemical substances decided by the Minister of Health, Labor and Welfare in order to prevent the impairment of workers' health caused by the said chemical substances:
(i) chemical substances related to the recommendation under the provisions of paragraph (4) of Article 57-3 or the instruction under the provisions of paragraph (1) of Article 57-4; and
(ii) chemical substances other than those listed in the preceding item, which are likely to bring about cancer or other serious health impairment to workers.
(4) The Minister of Health, Labor and Welfare may, when he/she finds it necessary when he has made public the technical guidelines or the guidelines for preventing the impairment of workers' health under the provisions of the paragraph (1) and the preceding paragraph, give necessary guidance, etc., on the said guidelines or technical guidelines to employers or their organizations.
Article 28-2. (Investigation, etc. to Be Carried Out by Employer)
(1) The employer shall, as provided for by the Ordinance of the Ministry of Health, Labor and Welfare, endeavor to investigate the danger or harm, etc., due to buildings, facilities, raw materials, gases, vapors, dust, etc., and those arising from work actions and other duties, and to take necessary measures prevent dangers oar health impairment to workers, in addition to taking the measures provided for by the provisions pursuant to this Act or the orders based on the results of the said investigations.
(2) The Minister for Health, Labor and Welfare shall make publish the necessary guidelines relating to the measures in the preceding paragraph to achieve appropriate and effective implementation thereof, in addition to those provided for in paragraphs (1) and (3) of the preceding Article.
(3) The Minister of Health, Labor and Welfare may provide individual employers and organizations of employers with necessary guidance and assistance, etc., under the guidelines in the preceding paragraph.
Article 29. (Measures to Be Taken by Principal Employers)
(1) The principal employer shall give necessary guidance lest the related contractors and the workers employed by the related contractors should contravene the provisions of this Act or Ordinances issued thereunder with respect to the said work.
(2) The principal employer shall, where he recognizes that the related contractors or workers employed by them have contravened the provisions of this Act or ordinances issued thereunder with respect to the said work, give the instruction necessary for rectification.
(3) The related contractors or workers employed by the related contractors who have received the said instruction under the preceding paragraph shall follow the said instruction.
Article 29-2.
At work sites with danger of soil collapse, etc., overturning of machines, etc., or other work sites provided for by the Ordinance of the Ministry of Health, Labor and Welfare, when work is carried out by workers employed by the related contractors, the principal employer shall give technical guidance and take other necessary measures to ensure that the said related contractors carry out appropriate measures to prevent danger at the said work sites.
Article 30. (Measures to be Taken by Specified Principal Employers, etc.)
(1) The specified principal employer shall, in order to prevent industrial accidents that may arise due to works being carried out at the same site by workers of principal employer and those of related contractors carrying out work at the same site, take necessary measures concerning the following matters:
(i) Establishment and administration of a consultative organization
(ii) Liaison and coordination between related works
(iii) Inspecting tour in the work site
(iv) Guidance and assistance for the education conducted by the related contractors for the worker's safety and health
(v) The specified principal employer who is in a type of industry whose work sites usually differ depending upon works, and carries out undertakings prescribed by the Ordinance of the Ministry of Health, Labor and Welfare shall prepare a plan relating to the work process and a plan relating to the arrangement of machines, equipment, etc., in the work site as well. Furthermore, this person shall provide guidance on measures to be taken based on this Act and the provisions of ordinances based thereon by contractors using the said machines, equipment, etc., in the execution of work.
(vi) In addition to the matters listed in the preceding each item, necessary matters for preventing the said industrial accidents.
(2) An original orderer for work in the specified undertaking (meaning one who places an order without receiving any orders for the said work from others, among orderers; hereinafter the same) who is other than the specified principal employer shall, where the workers employed by two or more contractors for the said work carry out operations at the said place and when he has given an order for the work in the specified undertaking to be carried out at the same place to two or more contractors, designate, as provided for by the Ordinance of the Ministry of Health, Labor and Welfare, one who is to take the measures provided for in the preceding paragraph from among the employers who are contractors and themselves carry out the said work. The same shall also apply to one who, being other than the specified principal employer, has contracted for the whole work in the specified undertaking to be carried out at the same place and has given an order for the said work to two or more contractors.
(3) Where the designation under the provisions of the preceding paragraph is not made, the Chief of the Labor Standards Office shall designate.
(4) Where the designation under the provisions either of paragraph (2) or of the preceding paragraph was made, the so-designated employer shall take the measures provided for in paragraph (1) in respect to all workers engaged in the execution of the work at the said place. In this case, the provisions of paragraph (1) shall not apply to the so-designated employer and other employers.
Article 30-2.
(1) The principal employer of the undertaking (excluding the specified undertakings) in the manufacturing industry or other industries provided for by the Cabinet Order, shall take measures to provide for liaison and coordination between related works and other necessary measures, in order to prevent industrial accidents that may arise due to works being carried out at the same site by the workers of principal employer and those of related contractors.
(2) The provision of paragraph (2) of the preceding Article shall apply mutatis mutandis to the original orderer of the work in the undertaking prescribed by the preceding paragraph. In this case, the term "the specified principal employer," "two or more works in the specified undertaking," "in the preceding paragraph," and "the whole work in the specified undertaking," each in paragraph (2) of the said Article, shall be deemed to be replaced with "the principal employer," "two or more works," " paragraph (1) of the following Article," and "the whole work," respectively.
(3) In the case that the designation is not made under the provision of paragraph (2) of the preceding Article, which applies mutatis mutandis in the preceding paragraph, the Chief of the Labor Standards Office shall make the said designation.
(4) In the case that the designation is made by the provisions of paragraph (2) of the preceding Article, which applies mutatis mutandis to paragraph (2), or by those of the preceding paragraph, the designated employer shall take measures specified in paragraph (1) in respect to all workers engaged in the execution of the work at the said place. In this case, the provision of the same paragraph shall not apply to the designated employer and employers other than the said designated employer.
Article 30-3.
(1) In the case that the work prescribed by paragraph (1) of Article 25-2 is carried out under subcontracts of several levels (excluding the case in paragraph (4) of this Article), the principal employer shall take measures listed in each item of paragraph (1) of the said Article in respect to all workers engaged in the execution of the work at the said place ; in this case, the provisions of the said paragraph shall not apply to the said principal employer and employers other than the said employer
(2) The provision of paragraph (2) of the Article 30 shall apply mutatis mutandis to the orderer of the work prescribed by paragraph (1) of Article 25-2. In this case, the term "the specified principal employer," "in the specified undertaking to be carried out at the same place to two or more contractors," "the measures provided for in the preceding paragraph," and "the whole work in the specified undertaking," each in paragraph (2) of the Article 30, shall be deemed to be replaced with "the principal employer," "in the undertaking to be carried out at the same place to two or more contractors," "the measures provided for in each item of paragraph (1) of Article 25-2," and "the whole work," respectively.
(3) In the case that the designation is not made by the provision of paragraph (2) of Article 30, which applies mutatis mutandis pursuant to the preceding paragraph, the Chief of the Labor Standards Office shall make the said designation.
(4) In the case that the designation is made by the provisions of paragraph (2) of the Article 30, which applies mutatis mutandis to paragraph (2), or by those of the preceding paragraph, the designated employer shall take measures listed in each item of paragraph (1) of Article 25-2 for all workers engaged in the said work; in this case, the provisions of the said paragraph shall not apply to the designated employer and employers other than the said employer.
(5) The provisions of paragraph (2) of Article 25-2 shall apply mutatis mutandis to the principal employer prescribed by paragraph (1) and to the designated employer in the preceding paragraph; in this case, the provisions of paragraph (2) of the said Article shall not apply to the said principal employer and the designated employer, and employers other than the said employers.
Article 31. (Measures to be taken by an orderer)
(1) When the orderer, who carries out the work from specified undertakings by oneself, has workers, employed by the contractors of the said orderer (where the said work is carried out under subcontracts of several levels, the parties to all the subcontracts subsequent to the contract of the contractor shall be included; this also applies Article 31-4) at the said worksite, use buildings, equipment and raw materials (hereinafter referred to as "buildings, etc."), the said orderer shall take necessary measures for preventing industrial accidents among the said workers in respect to the said buildings, etc.
(2) The provisions of the preceding paragraph shall (where there exist two or more orderers who are to take the measures under the said paragraph in respect to the same buildings, etc., owing to the work in the said undertaking being carried out under subcontracts of several levels) not apply to the orderers who are the parties to the subsequent subcontracts.
Article 31-2.
The orderer of works for alteration of facilities manufacturing or handling chemical substances or preparations containing chemicals and defined by the Cabinet Order, or other works as provided for by the Ordinance of Ministry of Health, Labour and Welfare, shall take necessary measures concerning said substances to prevent workers of contractors of the said works from industrial accidents.
Article 31-3.
(1) When the workers of two or more employers carrying out construction undertakings execute work at one work site with machine which is specified by Ministry of Health, Labour and Welfare Ordinance (hereinafter referred to as "specified undertaking" in this Article), of the orderer who carries out the work of the specified undertaking by himself/herself or the person has contracted the whole of the said work, the one who gives a contract on the part of the said work, shall take the necessary measures for preventing industrial accidents to all of the workers engaged in the specified undertaking at the said work site.
(2) Where there is no party responsible for taking measures under the provisions of the preceding paragraph, the principal employer performing a construction industry business who makes contractors execute all of the work involving the specified undertaking at the said work site or the employer performing a construction industry business who is specified under the provisions of paragraph (2) or (3) of Article 30 shall give the necessary consideration for preventing industrial accidents to all of the workers engaged in the specified undertaking at the said work site such as nominating a party to carry out the measures designated in the preceding paragraph.
Article 31-4. (Prohibition of Illegal Instruction)
The orderer shall not instruct the contractor to direct his/her workers to work in contravention to the provisions of this Act or the ordinances based on it in respect to the said undertaking.
Article 32. (Measures to Be Taken by Contractors, etc.)
(1) In the case of paragraph (1) or (4) of Article 30, contractors, other than the employer who is to take the measures provided for in paragraph (1) of the said Article, who themselves carry out the said work, shall take necessary measures in accordance with those taken pursuant to these provisions.
(2) In case of paragraph (1) or (4) of Article 30-2, the contractor other than the employer who is to take measures provided for in paragraph (1) of the same Article, who carries out the said work by oneself, shall take necessary measures in accordance with the measures taken pursuant to these provisions.
(3) In case of paragraph (1) or (4) of Article 30-3, the contractor other than the employer who is obliged to take measures in each item of paragraph (1) of Article 25-2, who carries out the said work by oneself, shall take necessary measures in accordance with those taken pursuant to the provisions of paragraph (1) or (4) of Article 30-3.
(4) In the case of paragraph (1) or (4) of Article 30, paragraph (1) or (4) of Article 30-2, or paragraph (1) of Article 31, workers shall abide by the necessary matters in accordance with the measures taken pursuant to the said provisions or the provisions of the preceding three paragraphs.
(5) In case of Article 31-2, the contractor involved in the work provided for in the said Article shall take necessary measures in accordance with the measures taken pursuant to the provisions of the said Article.
(6) In case of paragraph (1) or (4) of Article 30, paragraph (1) or (4) of Article 30-2, paragraph (1) or (4) of Article 30-3, paragraph (1) of Article 31, or Article 31-2, workers shall observe the necessary matters in accordance with the measures taken pursuant to these provisions or each provision of the preceding paragraphs.
(7) The contractor set forth in paragraph (1) through (5) and the workers set forth in the preceding paragraph, shall follow the instructions given by the specified principal employer, etc., set forth in paragraph (1) of Article 31, the principal employers, etc., set forth in paragraph (1) of Article 31-2 or paragraph (1) of Article 30-3, the orderer set forth in paragraph (1) of Article 31 or Article 31-2, and the orderer or contractors set forth in paragraph (1) through (5), with a view to ensuring the implementation of the measures under the provisions of paragraph (1) or 4 of Article 30-3, or paragraph (1) of Article 31, or Article 31-2, or paragraph (1) through (5).
Article 33. (Measures, etc., to Be Taken by Machine Lessors, etc.)
(1) A person who leases machines, etc., which are defined by Cabinet Order, to other employers and as provided for by the Ordinance of the Ministry of Health, Labour and Welfare (hereinafter referred to as "machine lessor") shall take necessary measures in order to prevent industrial accidents due to the said machines, etc., at the workplace of the employer to whom the said machines, etc., have been leased.
(2) A person who accepted the lease of machines, etc., from a machine lessor shall, where the person who operates the said machines, etc., is not a worker employed by the individual, take necessary measures in order to prevent industrial accidents due to the said operation of the machines, etc.
(3) A person who operates the machines, etc., as set forth in the preceding paragraph, shall abide by the necessary matters in accordance with the measures which the person who accepted the lease of machines, etc., has taken under the provisions of the same paragraph.
Article 34. (Measures to Be Taken by Building Lessors)
A person who offers to other employers the lease of buildings defined by Cabinet Order (hereinafter referred to as "building lessor") shall take necessary measures in order to prevent industrial accidents due to the said buildings related to the undertaking of the employer who accepted the lease of the said buildings. However, this shall not apply where the whole of the said buildings is leased to one employer.
Article 35. (Labeling of Weight)
A person who is to forward a piece of cargo which weighs one ton or more shall label its weight on the said cargo by an ostensive and not easily erasable method; provided that this shall not apply when forwarding an unpackaged cargo the weight of which is clear at a glance.
Article 36. (Commission to Ordinance of the Ministry of Health, Labour and Welfare)
The measures to be taken under the provisions of paragraph (1) or (4) of Article 30, paragraph (1) or (4) of Article 30-2, paragraph (1) or (4) of Article 30-3, paragraph (1) of Article 31, Article 31-2, paragraph (1) through (5) of Article 32, paragraph (1) or (2) of Article 33, or Article 34, by parties mentioned in these provisions, and the matters to be observed under the provisions of paragraph (6) of Article 32 or paragraph (3) of Article 33 by parties mentioned in these provisions, shall be prescribed by Ordinance of the Ministry of Health, Labour and Welfare.
Chapter V. Regulations concerning Machines, etc. and Harmful Substances
Section 1 Regulations concerning Machines
Article 37. (Permission for Manufacturing)
(1) A person who is to manufacture machines, etc., listed in Appended Table 1 as requiring specially dangerous operations, and also specified by Cabinet Order (hereinafter referred to as "specified machines, etc."), shall obtain in advance permission from the Director of the Prefectural Labor Bureau as provided for by the Ordinance of the Ministry of Health, Labour and Welfare.
(2) The Director of the Prefectural Labor Bureau shall, when an application for the permission set forth in the preceding paragraph was submitted, examine the said application and shall not give permission unless he recognizes that the structure of the specified machines, etc., related to the said application complies with the standards provided for by the Minister of Health, Labor and Welfare.
Article 38. (Manufacturing Inspection, etc.)
(1) A person who has manufactured or imported specified machines, etc., or who is to install specified machines, etc., which have not been installed for the period provided for by the Ordinance of the Ministry of Health, Labour and Welfare, or who is to reinstall or to resume the use of specified machines, etc., the use of which has been discontinued, shall, as provided for by the Ordinance of the Ministry of Health, Labour and Welfare, have the said specified machines, etc., and the matters provided for by the Ordinance of the Ministry of Health, Labour and Welfare in relation thereto inspected by one of the following (a) or (b): (a) the Director of the Prefectural Labor Bureau, if the said specified machines, etc., do not belong to specially specified machines, etc., (meaning those designated among specified machines, etc., by the Ordinance of the Ministry of Health, Labour and Welfare, hereinafter the same). (b) those who were registered by the Minister of Health, Labor and Welfare (hereinafter referred to as a "registered manufacturing inspection, etc., agency"), if the said specified machines, etc., belong to specially specified machines, etc. However, this does not apply when a manufacturer in a foreign country has received an inspection of the said specified machines, etc., under the provisions of the following paragraph for the imported specified machines, etc., and other related matters covered by the Ordinance of the Ministry of Health, Labour and Welfare (referred to as "machines, etc., to be inspected at the time of import, etc." in the following paragraph).
(2) In addition to the cases referred to in the preceding paragraph, in the case of the following items, a person who has manufactured a specified machine, etc., in a foreign country may, pursuant to the Ordinance of the Ministry of Health, Labour and Welfare, have the machines, etc., to be inspected at the time of import, etc. undergo the inspection by: the Director of the Prefectural Labor Bureau if the said specified machine does not belong to specially specified machines, etc., or; a registered manufacturing inspection, etc., agency, if the said specified machine belongs to specially specified machines, etc.
(i) When the said specified machine, etc., is intended for export to Japan
(ii) When the person who has imported the specified machines, etc., is independent from the person who has manufactured the specified machines (in this item referred to as the "third party"), etc., in a foreign country, and the said manufacturer does not wish to have the inspection provided for in the preceding paragraph carried out in relation to the said third party.
(3) A person who has installed specified machines, etc., (excluding movable ones), or one who has effected any change upon the parts provided for by the Ordinance of the Ministry of Health, Labour and Welfare of specified machines, etc., or one who is to resume the use of specified machines, etc., the use of which has been discontinued, shall have the said specified machines, etc., as well as the matters provided for by the Ordinance of the Ministry of Health, Labour and Welfare in relation thereto inspected by the Chief of the Labor Standards Office, as provided for by the Ordinance of the Ministry of Health, Labour and Welfare.
Article 39. (Issue of Inspection Certificate, etc.)
(1) The Director of the Prefectural Labor Bureau or a registered manufacturing inspection, etc., agency shall, as provided for by the Ordinance of the Ministry of Health, Labour and Welfare, issue the inspection certificate for the movable specified machines, etc. which have passed the inspections set forth in paragraph (1) or (2) of the preceding article (hereinafter referred to as "manufacturing inspection, etc.").
(2) The Chief of the Labor Standards Office shall, as provided for by the Ordinance of the Ministry of Health, Labour and Welfare, issue the inspection certificate for the specified machines, etc., which have passed the inspection concerning the installation of the specified machines, etc., in that set forth in paragraph (3) of the preceding article.
(3) The Chief of the Labor Standards Office shall, as provided for by the Ordinance of the Ministry of Health, Labour and Welfare, endorse the inspection certificate of the specified machines, etc., which have passed the inspection concerning the partial alteration or the resumption of the use of the specified machines, etc. in the inspection set forth in paragraph (3) of the preceding article.
Article 40. (Restriction of Use, etc.)
(1) The specified machines, etc., for which the inspection certificate provided for in paragraph (1) or (2) of the preceding article (hereinafter referred to as "inspection certificate") has not been issued (including specified machines, etc., which must have the inspections for the partial alteration or the resumption of the use covered by the provision of paragraph (3) of Article 38, but for which the inspection certificates has not been endorsed as provided for in paragraph (3) of the preceding article) shall not be used.
(2) The specified machines, etc., in respect to which a certificate is issued shall neither be transferred nor leased unless accompanied by the certificate.
Article 41. (Valid Term of Inspection Certificate, etc.)
(1) The valid term of the inspection certificate (where the valid term of the certificate is renewed pursuant to the provisions of the following paragraph, the valid term so renewed) shall be as provided for by the Ordinance of the Ministry of Health, Labour and Welfare, according to the kind of specified machines, etc.
(2) A person who intends to obtain a renewal of the valid term of the inspection certificate shall, as provided for by the Ordinance of the Ministry of Health, Labour and Welfare, undergo, in respect to the said specified machines, etc., and the related matters provided by the Ordinance of the Ministry of Health, Labour and Welfare, the performance inspection conducted by an agency registered by the Minister of Health, Labor and Welfare (hereinafter referred to as "registered performance inspection agency").
Article 42. (Restrictions on Transfer, etc.)
Among machines, etc., other than specified machines, etc., which are listed in Appended Table 2, or require dangerous or harmful operations, or are used in a dangerous place, or used for preventing danger or health impairment, those defined by Cabinet Order shall not be transferred, leased or installed unless they conform to the construction code provided for by the Minister of Health, Labor and Welfare or are equipped with safety apparatus designated by the Minister of Health, Labor and Welfare.
Article 43.
Machines, etc., driven by power which are not equipped with protective measures provided for by the Ordinance of the Ministry of Health, Labour and Welfare on projecting parts of moving parts, power transmission sections or speed regulatory sections shall neither be transferred nor be leased, and shall not be exhibited with a view to transfer or lease.
Article 43-2.
When the manufacturer or the importer of the machines, etc., specified in Article 42 has transferred or leased the said machines, etc., falling under any one of the following items to any other party, the Minister of Health, Labor and Welfare or the Director of the Prefectural Labor Bureau may order such manufacturer or importer to recall or improve the machines, etc., or provide the information provided for by the Ordinance of the Ministry of Health, Labour and Welfare to those using the machines, etc., or take the necessary measures for preventing industrial accidents which may be caused by using such machines, etc.:
(i) Those machines, etc., whose indications attached are according to, or whose indications attached are likely to be confused with the provision of item (iv) of the following article, neglecting the provision of paragraph (5) of the following article
(ii) Those machines, etc., which have passed the type examinations provided for in paragraph (3) of Article 44-2 but are not conforming to the requirements concerning the standards or the safety devices (referred to as "the standards, etc." in item (iv)) designated by the Minister of Health, Labor and Welfare according to the provision of Article 42
(iii) Those machines, etc., whose indications attached are according to, or whose indications attached are likely to be confused with the provision of paragraph (5) of Article 44-2, violating the provision of paragraph 6 of Article 44-2
(iv) Those machines, etc., other than those designated by paragraph (1) of Article 44-2 which are not conforming to the requirements concerning the standards, etc.
Article 44. (Individual Examination)
(1) Among the machines, etc., prescribed in Article 42 (excluding machines, etc., prescribed in paragraph (1) of Article 44-2), a person who has manufactured or imported those listed in Appended Table 3 and prescribed by Cabinet Order, shall, as provided for by the Ordinance of the Ministry of Health, Labour and Welfare, undergo an individual examination, in respect of the said machines, etc., conducted an agency registered by the Minister of Health, Labor and Welfare (hereinafter referred to as "registered individual examination agency").
(2) Notwithstanding the provision of the preceding paragraph, when the importer of the machines, etc., set forth in the preceding paragraph is the third party (hereinafter referred to as the "third party") other than the manufacturer in the exporting country (hereinafter referred to as the "foreign manufacturer"), and the foreign manufacturer does not wish to have its exported machines, etc., inspected by the importer as the third party, the foreign manufacturer may have its exported machines, etc., undergo the certification examinations given independently by a registered individual examination agency according to the Ordinance of the Ministry of Health, Labour and Welfare. The said provision shall not be applied to the importer of the machines, etc., when the above individual examinations have been made.
(3) When the application for the examination provided for in the preceding two paragraphs (hereinafter referred to as the "Individual Examinations") has been received, the registered individual examination agency shall not grant the certification for having passed the examination unless the machines, etc., examined have proved to be conforming to the standards set by the Ordinance of the Ministry of Health, Labour and Welfare.
(4) A person who has undergone the individual examination shall, as provided for by the Ordinance of the Ministry of Health, Labour and Welfare, affix a label indicating the fact of having passed the said individual examination to the machines, etc., which have likewise passed examination.
(5) The label set forth in the preceding paragraph or one misleading shall not be affixed to machines, etc., other than the machines, etc., that have passed the individual examination.
(6) Those machines, etc., designated in paragraph (1), without the label designated in paragraph (4), shall not be used.
Article 44-2. (Type Examination)
(1) One who has manufactured or imported a machine which is listed in Appended Table 4 and designated by the Cabinet Order shall have such manufactured or imported machine undergo the type examination to be conducted by the party registered by the Minister of Health, Labor and Welfare (hereinafter referred to as the "registered type examination agency") as prescribed by the Ordinance of the Ministry of Health, Labour and Welfare. However this provision shall not apply to the machines, etc., which have been imported, and which have undergone the examination set forth in the next paragraph.
(2) Besides the case stipulated by the preceding paragraph, in the cases set forth below, one who has manufactured the machine designated in the preceding paragraph (hereinafter referred to as the "foreign manufacturer" in this paragraph and Article 44-4) may have the type of the manufactured machine certified by the registered type examination agency according to the Ordinance of the Ministry of Health, Labour and Welfare.
(i) When exporting the designated machines, etc., to Japan
(ii) When the importer of the said machine, etc. is the third party (hereinafter referred to as the "third party") other than the manufacturer in the exporting country (hereinafter referred to as the "foreign manufacturer"), and the said foreign manufacturer does not wish to have the examination provided for in the preceding paragraph carried out in relation to the said third party
(3) When the application for the examination provided for in the preceding two paragraphs (hereinafter referred to as the "type examination") has been submitted by the party who wishes to receive the examination, the registered type examination agency shall not grant the certification for having passed the examination unless the construction of the machines, etc., and the facilities used for manufacturing or examining the machines, etc., have proven to be conforming to the standards provided for by the Ordinance of the Ministry of Health, Labour and Welfare.
(4) The registered type examination agency shall issue a certificate for the type which passed the type examination to the applicant.
(5) A person who has undergone the type examination, when he has manufactured or imported the machines, etc., which have passed the type examination in Japan shall, as provided for by the Ordinance of the Ministry of Health, Labour and Welfare, affix a label indicating the fact of having passed the type examination to the machines, etc., which have passed the said examination. The same shall apply to the party (excluding the party who has had the machine the said type examination) who has imported machines, etc., which have passed the type examination.
(6) The label set forth in the preceding paragraph or one misleading shall not be affixed to machines, etc., other than machines, etc., that have passed the type examination.
(7) Those machines, etc., designated in main clause of paragraph (1), without the label designated in paragraph (5), shall not be used.
Article 44-3. (Valid Term of Type Examination Certificate, etc.)
(1) The valid term of the type examination certificate (when the valid term of the type examination certificate is renewed pursuant to the provision of the following paragraph, the valid term so renewed) shall be provided for by the Ordinance of the Ministry of Health, Labour and Welfare, according to the kind of machines, etc., designated by the provision of paragraph (1) of the preceding article.
(2) A person who intends to obtain a renewal of the valid term of the type examination certificate shall, as provided for by the Ordinance of the Ministry of Health, Labour and Welfare, undergo the type examination.
Article 44-4. (Invalidation of Type Examination Certificate)
In a case falling under any of the following events, the Minister of Health, Labor and Welfare may invalidate the type examination certificate of the machines, etc., designated in each of the paragraphs below (the type examination certificate issued to the said foreign manufacturer in the case of item (ii)).
(i) The construction of the machines, etc., which has passed the examination for the authorization of the type or the equipment, etc., with which the machines, etc., has been manufactured or tested are not in conformity to the standards provided for by the Ordinance of the Ministry of Health, Labour and Welfare set forth in paragraph (3) of Article 44-2.
(ii) The foreign manufacturer, who has undergone the type examination, has affixed the label set forth in paragraph (5) of Article 44-2 or one misleading to imported type of machines, etc., other than the authorized type.
(iii) The foreign manufacturer of the machines, etc., to whom the authorized type certificate has been issued has refused to answer or given false answers to the questions, or refused, interrupted or avoided the inspections of the construction of the machines, etc., tool used for the manufacture of the machines, etc., or the testing equipment at the workplace of the foreign manufacturer to whom the authorized type certificate has been issued or at the place of the installation of the machines, etc., or the said equipment proposed by the personnel of the Ministry of Health, Labour and Welfare under the authority of the Minister of Health, Labor and Welfare for the purpose of ensuring the safety and health of the workers working with said machines, etc.
Article 45. (Periodical Self Inspection)
(1) The employer shall, as provided for by the Ordinance of the Ministry of Health, Labour and Welfare, conduct self inspection periodically and keep the records of the result in respect to boilers and other machines, etc., specified by Cabinet Order.
(2) The employer shall - when he conducts voluntary inspection as provided for by the Ordinance of the Ministry of Health, Labour and Welfare (hereinafter referred to as "specified voluntary inspection") among self inspections under the provisions of the preceding paragraph in respect to machines, etc., as specified by Cabinet Order set forth in the same paragraph - have an employee who has the qualifications provided for by the Ordinance of the Ministry of Health, Labour and Welfare or one who registered under the provisions of paragraph (1) of Article 54-3 and carries out professional specified self inspection in respect to the said machines, etc., in response to others' requests (hereinafter referred to as "registered inspection agency") carry it out.
(3) The Minister of Health, Labor and Welfare shall make public the guidelines for self inspection necessary to ensure the appropriate and effective implementation of voluntary inspection under the provisions of paragraph (1).
(4) After the guidelines have been made public for self inspection set forth in the preceding paragraph, the Minister of Health, Labor and Welfare may, when he/she finds it necessary, give necessary guidance, etc., on the said guidelines to employers, registered inspection agencies or their organizations.
Article 46. (Registration for Registered Manufacturing Inspection, etc., Agency)
(1) The registration set forth in the provision of paragraph (1) of Article 38 (hereinafter in this Article, Article 53 and paragraph 1 of Article 53-2 ,referred to as "registration") shall be made, as provided for by the Ordinance of the Ministry of Health, Labour and Welfare and for each classification prescribed by the Ordinance of the Ministry of Health, Labour and Welfare, on the application of a person who intends to conduct the manufacturing inspection, etc.
(2) A person who falls under any of the following items shall not be registered:
(i) A person who, having violated the provisions of this Act or ordinances thereunder, was sentenced to the penalty of a fine or heavier and for whom two years have not elapsed since the date when the execution of the sentence was completed or the date when he/she ceased be amenable to the execution of the sentence
(ii) A person whose registration was cancelled pursuant to the provision of Article 53 and for whom two years have not elapsed since the date of cancellation
(iii) A juridical person one of whose executive officials falls under preceding two items.
(3) The Minister of Health, Labor and Welfare shall register a person who applied for registration pursuant to the provision of paragraph (1)(referred to as "applicant for registration" in this paragraph), if the applicant satisfies all the following matters:
(i) The applicant for registration shall conduct the manufacturing inspection, etc., using machine and apparatus listed in Appended Table 5 and other facilities.
(ii) The number of persons who conduct the manufacturing inspection, etc. (restricted only to those who have knowledge and experience which meet one of the requirements listed in item (i) of Appended Table 6, hereinafter referred to as "inspector") shall be equal to or more than the figure shown in item (ii) of the same Table.
(iii) An inspector who has knowledge and experience which meet one of the requirements listed in Appended Table 7 shall instruct the inspectors and supervise the manufacturing inspection, etc.
(iv) The applicant for registration as dependent on the manufacturer or the importer of specially specified machines, etc. (hereinafter referred to as "manufacturer, etc." in this item) shall not fall under any of following items:
(a) In the case that the applicant for registration is a joint-stock company, the manufacturer, etc. is a parent juridical person (referred to as the parent company pursuant to paragraph 1 of Article 879 of Company Act (Act No. 86 of 2005) of the said applicant.
(b) The ratio of executive officials (for a partnership company (referred to as the partnership company pursuant to paragraph 1 of Article 575 of the Company Act), company members who execute the company business) or staff of the manufacturer, etc. (including persons who have been executive officials or staff of the said manufacturer, etc. within past two years) to executive officials of the applicant for registration exceeds one half.
(c) The applicant for registration (for a juridical person, an executive official who has the right of representation) is an executive official or staff of the manufacturer, etc. (including persons who have been executive official or staff of the said manufacturer, etc. within past two years).
(4) The registration shall be made with an entry of the following items in the registry book of the registered manufacturing inspection, etc., agency
(i) Date and number of registration
(ii) Name or appellation and address , and for juridical person, the name of the representative.
(iii) Appellation and address of the office
(iv) The group mentioned in paragraph (1).
Article 46-2. (Renewal of Registration)
(1) The registration shall be renewed after a certain time prescribed by Cabinet Order from five up to ten years has elapsed. Otherwise the registration becomes invalidated with the expiration of the period.
(2) The provisions of the second to the fourth paragraph of the preceding Article shall apply mutatis mutandis to the renewal of registration mentioned in the previous paragraph of this Article.
Article 47. (Obligation, etc., of Manufacturing Inspection, etc.)
(1) The registered manufacturing inspection, etc., agency shall, where requested to conduct an inspection etc., carry it out without delay except the case where there exist justifiable reason.
(2) The registered manufacturing inspection, etc., agency shall, in conducting inspection, etc., have an inspector carry it out.
(3) The registered manufacturing inspection, etc., agency shall conduct the inspection fairly and properly and in accordance with one of the standards relating to the structure of specially specified machines, etc. prescribed in paragraph (2) of Article 37.
(4) The registered manufacturing inspection, etc., agency shall take necessary measures, prescribed in the Ordinance of the Ministry of Health, Labour and Welfare, for preventing dangers caused by the method of the manufacturing inspection, etc.
Article 47-2. (Notification of Alteration)
The registered manufacturing inspection, etc., agency which is to alter matters mentioned in item (ii) or (iii) of paragraph (4) of Article 46 shall notify the alteration to the Minister of Health, Labor and Welfare no later than two weeks prior to the date of the alteration.
Article 48. (Service Rules)
(1) The registered manufacturing inspection, etc., agency shall lay down rules concerning the service of manufacturing inspection, etc., (hereinafter referred to as "service rules"), and notify the service rules to the Minister of Health, Labor and Welfare before the day of the commencement of the inspection service. The same shall apply when it intends to alter them.
(2) The service rules shall specify the implementation method of the inspection, the charge of the inspection, and matters prescribed in the Ordinance of the Ministry of Health, Labour and Welfare.
Article 49. (Suspension or Discontinuance of Service)
When a registered manufacturing inspection, etc., agency is to suspend or discontinue a part of or the whole service, it shall notify the fact to the Minister of Health, Labor and Welfare in advance.
Article 50. (Provision of Financial Statements and Access to Them)
(1) The registered manufacturing inspection, etc., agency shall, within three months after the end of each business year, prepare a list of properties, a balance sheet and a profit-and-loss statement or a settlement of accounts statement, and a business report (referred to as "financial statements, etc." in the following paragraph and in Article 123), concerning that business year, and shall keep them for five years in its office. These include those electromagnetically recorded (the data that are recorded electronically, magnetically or by other method that cannot be recognize by human sense, and that are used for processing by using a computer. This definition applies hereinafter in this Article).
(2) Any person who intends to undergo a manufacturing inspection, etc. and other interested person may request items listed as follows anytime in the office hours of the registered manufacturing inspection, etc., agency. However, for the request of item (ii) and (iv), one shall pay expenses set by the said agency.
(i) request for browse and photocopying of the financial statements, etc., in the case that they are provided in the form of paper.
(ii) request for the transcript or extract of documents mentioned in the previous item.
(iii) when the financial statements etc. are provided electromagnetically, request for browse and photocopying the contents displayed in accordance with the Ordinance of the Ministry of Health, Labour and Welfare
(iv) request for obtaining the electromagnetically recorded content mentioned in the previous item in an electromagnetic form in accordance with he The Ordinance of the Ministry of Health, Labour and Welfare or request for obtaining the said content in the form of paper.
(3) When a registered manufacturing inspection, etc., agency insures against loss caused by the inspection, any person who intends to undergo manufacturing inspection, etc., and other interested person may request items listed as follows anytime in the office hours of the registered manufacturing inspection, etc., agency. However, for the request of item (ii) and (iv), one shall pay expenses set by the said agency.
(i) request for access and photocopying of the contractual document of the insurance etc. when it is provided in the form of paper.
(ii) request for the transcript or extract of the document mentioned in the previous item.
(iii) when the document mentioned in the item (i) above is provided electromagnetically, request for the browse and photocopying the contents displayed in accordance with he The Ordinance of the Ministry of Health, Labour and Welfare
(iv) request for obtaining the electromagnetically recorded content mentioned in the previous item in an electromagnetic form in accordance with he The Ordinance of the Ministry of Health, Labour and Welfare or request for obtaining the said content in the form of paper.
(4) A registered manufacturing inspection, etc., agency shall prepare profit-and-loss statement or a settlement of accounts statement and a business report for each business year pursuant to the provision of paragraph (1) and submit them to the Minister of Health, Labor and Welfare within three months after the end of that business year.
Article 51. (Notification of Appointment or Dismissal of Inspectors)
When a registered manufacturing inspection, etc., agency has appointed or dismissed an inspector, the said agency shall notify the Minister of Health, Labor and Welfare of the fact without delay in accordance with the Ordinance of the Ministry of Health, Labour and Welfare.
Article 52. (Conformity Order)
When the Minister of Health, Labor and Welfare recognizes that a registered manufacturing inspection, etc., agency has ceased to comply with the standards prescribed in each item of paragraph (3) of Article 46, the Minister can order the said agency to take necessary measures to conform to the said standards.
Article 52-2. (Improvement Order)
When the Minister of Health, Labor and Welfare finds that a registered manufacturing inspection, etc., agency violated the provisions of Article 47, the Minister can order the said agency to carry out the manufacturing inspection at the manufacturing etc., or to take necessary measures to improve the inspection method or other business methods.
Article 53. (Cancellation of Registration, etc.)
When an registered manufacturing inspection, etc., agency comes under one of the following items, the Minister of Health, Labor and Welfare can cancel the said registration, or order to suspend the whole or part of the service of manufacturing inspection, etc., for a fixed period not exceeding six months:.
(i) When the agency came under item (i) or item (iii) of paragraph (2) of Article 46
(ii) When the agency violated the provisions of Article 47 to 49, paragraph (1) of Article 50 or paragraph (2) of Article 103.
(iii) When the agency refused the request based on the provisions of each item of paragraph (2), or each item in paragraph (3), of Article 50 without justifiable causes.
(iv) When the agency failed to submit the notification prescribed in the Article 51 or false notification.
(v) When the agency failed to comply with the order as provided for in the previous two Articles.
(vi) When the agency was registered by wrongful means.
Article 53-2. (Manufacturing Inspection, etc. by Director of Prefectural Labor Bureau)
(1) The Director of Prefectural Labor Bureau may conduct all or a part of manufacturing inspection, etc. services, in the following cases: when there is no agency registered; when there was a notification to suspend or discontinue a part of or the whole service pursuant to Article 49; when there was revocation of registration or an order to suspend the whole or a part of the service of manufacturing inspection, etc., based on the previous Article; when it became difficult for the registered manufacturing inspection, etc., agency to carry out the whole or a part of the service of inspection by the natural disaster or other causes; when it is deemed to be necessary
(2) Transfer of the inspection and other necessary matters, in the case of the Director of the Prefectural Labor Bureau carrying out the whole or a part of manufacturing inspection, etc. services, pursuant to the provisions of the preceding paragraph, shall be provided for by the Ordinance of the Ministry of Health, Labour and Welfare.
Article 53-3. (Registered Regular Inspection Agency)
The provisions of Article 46 and Article 46-2 shall apply mutatis mutandis to the registration in paragraph (2) of Article 41. The provisions of Article 47 through the preceding Article shall apply mutatis mutandis to registered agencies for regular inspection. In this case, the expression shown in the middle column of the table below that are used in the provisions listed in the corresponding left column shall read as the expression listed in the corresponding right column.
|paragraph (1) of Article 46|paragraph (1) of Article 38|paragraph (2) of Article 41|
||manufacturing inspection, etc.|performance inspection prescribed in paragraph (2) of Article 41 (hereinafter referred to as "regular inspection")|
|item (i) of paragraph (3) of Article 46|Appended Table 5|corresponding right column of Appended Table 8, in accordance with the kind of machines, etc., in the left column|
||manufacturing inspection, etc.|performance inspection|
|item (ii) of paragraph (3) of Article 46|manufacturing inspection, etc.|corresponding performance inspection, in accordance with machines, etc., in the left column of Appended Table 9|
||item (i) of Appended Table 6|middle column of Appended Table 9|
||item (ii) of Appended Table 6|right column of Appended Table 9|
|item (iii) of paragraph (3) of Article 46|Appended Table 7|Appended Table 10|
||manufacturing inspection, etc.|performance inspection|
|item (iv) of paragraph (3) of Article 46|manufacturer or importer of specially specified machines, etc.|manufacturer or importer of specified machines, etc., or one who performs as business the maintenance of specified machines, etc.|
|paragraph (4) of Article 46|registry book of the registered manufacturing inspection, etc., agency|registry book of the registered performance inspection agency|
|paragraph (1) and 2 of Article 47|manufacturing inspection, etc|performance inspection|
|paragraph (3) of Article 47|specially specified machines, etc.|specified machines, etc.|
||manufacturing inspection, etc.|performance inspection|
|paragraph (4) of Article 47 and Article 48|manufacturing inspection, etc.|performance inspection|
|Article 49|manufacturing inspection, etc.|performance inspection|
||in advance|no later than 30 days prior to the date of suspension or discontinuance|
|paragraph (2) and (3) of Article 50, Article 52-2 and Article 53|manufacturing inspection, etc.|performance inspection|
|Article 53-2|Director General of the Prefectural Labor Bureau|Chief of the Labor Standards Inspection Office|
||manufacturing inspection, etc.|performance inspection|
Article 54. (Registered Individual Examination Agency)
The provisions of Article 46 and 46-2 shall apply mutatis mutandis to the registration in paragraph (1) of Article 44, and the provisions of Article 47 through 53-2 shall apply mutatis mutandis to registered agencies for individual examination. In this case, the expression shown in the middle column of the table below that are used in the provisions listed in the corresponding left column shall read as the expression listed in the corresponding right column.
|paragraph (1) of Article 46|paragraph (1) of Article 38|paragraph (1) of Article 44|
||manufacturing inspection, etc|individual examination|
|item (i) of paragraph (3) of Article 46|Appended Table 5|corresponding right column of Appended Table 11, in accordance with the kind of machines, etc., in the left column|
||manufacturing inspection, etc.|individual examination|
|item (ii) of paragraph (3) of Article 46|manufacturing inspection, etc.|corresponding individual examination, in accordance with machines, etc., in the left column of Appended Table 12|
||item (1) of Appended Table 6|middle column of Appended Table 12|
||inspector|examiner|
||item (2) of Appended Table 6|right column of Appended Table 12|
|item (iii) of paragraph (3) of Article 46|inspector|examiner|
||Appended Table 7|Appended Table 13|
||manufacturing inspection, etc|individual examination|
|item (iv) of paragraph (3) of Article 46|specially specified machines, etc.|machines, etc., specified in paragraph (1) of Article 44 that are prescribed by Cabinet Order|
|paragraph (4) of Article 46|registry book of the registered manufacturing inspection, etc., agency|registry book of the registered individual examination agency|
|paragraph (1) of Article 47|manufacturing inspection, etc.|individual examination|
|paragraph (2) of Article 47|manufacturing inspection, etc.|individual examination|
||inspector|examiner|
|paragraph (3) of Article 47|one of the standards relating to the structure of specially specified machines, etc. prescribed in paragraph (2) of Article 37|standard prescribed in paragraph (3) of Article 44|
||manufacturing inspection, etc.|individual examination|
|paragraph (4) of Article 47|manufacturing inspection, etc.|standard prescribed in paragraph (3) of Article 44|
||method of the inspection|individual examination|
|Article 48, Article 49 and paragraph (2) and (3) of Article 50|manufacturing inspection, etc|individual examination|
|Article 51|inspector|examiner|
|Article 52-2 and Article 53|manufacturing inspection, etc.|individual examination|
|Article 53-2|Director General of the Prefectural Labor Bureau|Minister of Health, Labor and Welfare or the Director General of the Prefectural Labor Bureau|
||manufacturing inspection, etc.|individual examination|
Article 54-2. (Registered Type Examination Agency)
The provisions of Article 46 and 46-2 shall apply mutatis mutandis to the registration in paragraph (1) of Article 44-2, and the provisions of Article 47 through 53-2 shall apply mutatis mutandis to registered agencies for type examination. In this case, the expression shown in the middle column of the table below that are used in the provisions listed in the corresponding left column shall read as the expression listed in the corresponding right column.
|paragraph (1) of Article 46|paragraph (1) of Article 38|paragraph (1) of Article 44-2|
||manufacturing inspection, etc.|type examination|
|item (i) of paragraph (3) of Article 46|Appended Table 5|corresponding right column of Appended Table 14, in accordance with the kind of machines, etc., in the left column|
||manufacturing inspection, etc.|type examination|
|item (ii) of paragraph (3) of Article 46|manufacturing inspection, etc.|type examination|
||item (1) of Appended Table 6|item (1) of Appended Table 15|
||inspector|examiner|
|item (iii) of paragraph (3) of Article 46|inspector|examiner|
||Appended Table 7|Appended Table 16|
||manufacturing inspection, etc.|type examination|
|item (iv) of paragraph (3) of Article 46|specially specified machines, etc.|machines, etc., specified in paragraph (1) of Article 44-2 that are prescribed by Cabinet Order|
|paragraph (4) of Article 46|registry book of the registered manufacturing inspection, etc., agency|registry book of the registered type examination agency|
|paragraph (1) of Article 47|manufacturing inspection, etc|type examination|
|paragraph (2) of Article 47|manufacturing inspection, etc.|type examination|
||inspector|examiner|
|paragraph (3) of Article 47|one of the standards relating to the structure of specially specified machines, etc. specified in paragraph (2) of Article 37|standard prescribed in paragraph (3) of Article 44-2|
||manufacturing inspection, etc.|type examination|
|paragraph (4) of Article 47|manufacturing inspection, etc.|type examination|
||method of the inspection|method of the examination|
|Article 48, Article 49 and paragraph (2) and 3 of Article 50|manufacturing inspection, etc.|type examination|
|Article 51|inspector|examiner|
|Article 52-2 and Article 53|manufacturing inspection, etc.|type examination|
|Article 53-2|Director General of the Prefectural Labor Bureau|Minister of Health, Labor and Welfare|
||manufacturing inspection, etc.|type examination|
Article 54-3. (Registered Inspection Agency for Specified Self Inspection)
(1) A person who intends to become a registered agency for specified self inspection shall, as provided for by the Ordinance of the Ministry of Health, Labour and Welfare, apply for the registration of his/her name or appellation, his/her address and other matters prescribed by the Ordinance of the Ministry of Health, Labour and Welfare in the registry book of registered inspection agencies for specified voluntary inspection kept at the Ministry of Health, Labour and Welfare or the Prefectural Labor Bureau.
(2) A person who falls under any of the following items shall not be registered under the provisions of the preceding paragraph:
(i) A person who, having violated the provisions of paragraph (1) or 2 of Article 45 or the ordinances under these provisions, or the order issued under the provisions of paragraph (2) of Article 54-6, was sentenced to a penalty heavier than a fine and for whom two years have not elapsed since the date when the execution of the sentence was completed or the date when he ceased to be amenable to the execution of the sentence.
(ii) A person whose registration was cancelled pursuant to provisions of paragraph (2) of Article 54-6 and for whom two years have not elapsed since the date of cancellation
(iii) A juridical person one of whose executive officers come under item (i)
(3) The registration under the provisions of paragraph (1) shall be made on the application of a person who intends to be a registered inspection agency for specified voluntary inspection.
(4) The Minister of Health, Labor and Welfare or the Director of the Prefectural Labor Bureau shall not make the registration set forth in paragraph (1) unless they recognize that an application set forth in the preceding paragraph complies with the standards provided for by the Ordinance of the Ministry of Health, Labour and Welfare.
(5) The employer or other said persons may ask for the perusal of the registry book.
Article 54-4.
In conducting specified self inspection in response to others' requests, the registered inspection agency for specified voluntary inspection shall have one who possesses the qualification provided for by the Ordinance of the Ministry of Health, Labour and Welfare carry it out.
Article 54-5.
(1) Where a registered agency for specified self inspection transfers the whole of his/her business, or where there has been a succession or merger in respect of an registered inspection agency, the party who has received the whole of the business, or the successor (hereinafter in this paragraph, the person chosen as the successor to the business through the agreement of all parties where there are two or more successors), or the corporation that will continue after the merger, or the corporation established as a result of the merger shall succeed to the position of the registered inspection agency. However, this shall not apply when the party who has received the whole of the business or the successor or the corporation that will continue after the merger or the corporation established as a result of the merger falls under the provisions of the items of paragraph (2) of Article 54-3.
(2) A person who has succeeded to the position of registered inspection agency under the provisions of the preceding paragraph shall notify that fact without delay to the Minister of Health, Labor and Welfare or to the Director of the Prefectural Labor Bureau as provided for by the Ordinance of the Ministry of Health, Labour and Welfare.
Article 54-6.
(1) The Minister of Health, Labor and Welfare or the Director of the Prefectural Labor Bureau shall, where a registered agency for specified voluntary inspection came under item (i) or (iii) of paragraph (2) of Article 54-3, cancel the said registration.
(2) The Minister of Health, Labor and Welfare or the Director of the Prefectural Labor Bureau may, where a registered agency for specified voluntary inspection came under any of the following items, cancel the said registration or order the suspension of the whole or part of the service of specified voluntary inspection for a fixed period not exceeding six months:
(i) Where it is deemed to have ceased to be in conformity with the standards laid down in paragraph (4) of Article 54-3.
(ii) Where it violates the provisions of Article 54-4.
(iii) Where it violates the conditions set forth in paragraph (1) of Article 110.
Section 2. Regulations concerning Dangerous Goods Harmful Substances
Article 55. (Prohibition of Manufacturing, etc.)
Yellow phosphorus matches, benzidine, preparations containing benzidine and other substances which inflict serious health impairment upon workers and are provided for by Cabinet Order shall not be manufactured, imported, transferred, provided or used. However, this shall not apply to the case, where any of these is manufactured, imported or used for the sake of research or examination, and complying with the requirements prescribed by Cabinet Order.
Article 56. (Permission for Manufacturing)
(1) A person who intends to manufacture dichlorobenzidine, preparations containing dichlorobenzidine or other substances which are likely to inflict serious health impairment upon workers and are provided for by Cabinet Order shall obtain advance permission from the Minister of Health, Labor and Welfare, as provided for by the Ordinance of the Ministry of Health, Labour and Welfare.
(2) The Minister of Health, Labor and Welfare shall, where an application for the permission set forth in the preceding paragraph was presented, examine the said application and shall not grant the permission set forth in the said paragraph unless the equipment for manufacturing, the method of work, etc., are found to comply with the standards by the Minister of Health, Labor and Welfare.
(3) A person who obtained the permission set forth in paragraph (1) (hereinafter referred to as "manufacturer") shall so maintain the said equipment for manufacturing as to conform to the standards set forth in the preceding paragraph.
(4) The manufacturer shall manufacture the substances set forth in paragraph (1) by a method of work which conforms to the standards set forth in paragraph (2).
(5) Where it is found that the equipment for manufacturing or the method of work of a manufacturer does not comply with the standards set forth in paragraph (2), the Minister of Health, Labor and Welfare may order that the equipment for manufacturing be repaired, reconstructed or relocated so as to conform to the said standards, or the substances set forth in paragraph (1) be manufactured by such a method of work so as to conform to the said standards.
(6) The Minister of Health, Labor and Welfare may, where a manufacturer has contravened the provisions of this Act or ordinances issued thereunder or administrative disposition under these provisions, revoke the permission set forth in paragraph (1).
Article 57. (Labeling, etc.)
(1) A person who is to transfer or provide explosives, pyrophorics, flammables and other substances which are liable to cause danger to workers, or benzene, preparations containing benzene or other substances which are liable to inflict health impairment upon workers and are provided for by Cabinet Order, or the substances set forth in paragraph (1) of the preceding Article, by putting them into a container or a package, shall, as provided for by the Ordinance of the Ministry of Health, Labour and Welfare, indicate the following matters on the container or the package (label the container when they are put into one and packaged to transfer or provide). However , this shall not apply to the containers or packages, which are intended primarily for ordinary use of general consumers.
(i) Items listed as below:
(a) Name of the substance;
(b) Ingredients
(c) Effects on the human body
(d) Precautions concerning storage or handling
(e) In addition to the matters listed in a) through d), those provided for by the Ordinance of the Ministry of Health, Labour and Welfare.
(ii) Pictograms as specified by the Minister of Health, Labor and Welfare to draw the attention of workers handling the said substances.
(2) A person who is to transfer or provide the substances, provided for by Cabinet Order set forth in the preceding paragraph, or the substance set forth in paragraph (1) of the preceding Article, by a method other than the method prescribed in the preceding paragraph shall, as provided for by the Ordinance of the Ministry of Health, Labour and Welfare, deliver a document describing the matters under each item of the same paragraph to a person to whom the said substances are transferred or provided.
Article 57-2. (Deliver of Documents, etc.)
(1) A person who is to transfer or provide substances defined by the Cabinet Order among which are liable to cause danger or health impairment to workers, or the substances set forth in the provisions of paragraph (1) of Article 56 (hereinafter referred to as "notifiable substances"), shall notify the party to whom the notifiable substances are to be transferred or provided of the following matters by means of delivering a document or other manner provided for by the Ordinance of the Ministry of Health, Labour and Welfare (for a person covered under the provision of paragraph (2) of the preceding Article, excluding the matter covered by the same paragraph ); however, this shall not apply in respect to the transfer or provision of notifiable substances intended primarily for ordinary use of general consumers.
(i) Name of the substance
(ii) Ingredients and their respective contents
(iii) Physical and chemical properties
(iv) Effects on the human body
(v) Precautions concerning storage or handling
(vi) Emergency measures to be taken in the event of leakage etc.
(vii) In addition to the matters listed in the preceding each item, those provided for by the Ordinance of the Ministry of Health, Labour and Welfare.
(2) When changes are necessary to the matters pursuant to the preceding paragraph, the person who is to transfer or provide the notifiable substances shall endeavor to notify the party to whom the said substances were transferred or provided of all the changes in the matters of the said paragraph by delivering a document or other method provided for by the Ordinance of the Ministry of Health, Labour and Welfare promptly.
(3) In addition to the matters covered by the two preceding paragraphs, other matters relating to the notification in the two preceding paragraphs are provided for by the Ordinance of the Ministry of Health, Labour and Welfare.
Article 57-3. (Investigation of Toxicity of Chemical Substances)
(1) To prevent impairment of workers' health caused by chemical substances, an employer who intends to manufacture or import a chemical substance (hereinafter in this Article referred to as "new chemical substance") other than the chemical substances defined by Cabinet Order as the existing chemical substances (including chemical substances whose names were made public under the provisions of paragraph (3)), shall, in advance, undertake an investigation of toxicity provided for by the Ordinance of the Ministry of Health, Labour and Welfare (meaning investigation of the influence of the said new chemical substance on the health of workers and hereinafter the same applying in this Article) and shall, as provided for by the Ordinance of the Ministry of Health, Labour and Welfare, notify the Minister of Health, Labor and Welfare of the name of the said new chemical substance and the result of the investigation of toxicity and other matters. However, shall not apply for the case falling under any of the following items or in such cases as provided for by Cabinet Order:
(i) When, as provided for by the Ordinance of the Ministry of Health, Labour and Welfare, in respect of the said new chemical substance, an affirmation by the Minister of Health, Labor and Welfare has been obtained stating that the method etc., of manufacturing or treating of the new chemicals substance has been reviewed, it is not likely for the workers to be exposed to the said new chemical substance.
(ii) When, as provided for by the Ordinance of the Ministry of Health, Labour and Welfare, in respect of the said new chemical substance, an affirmation by the Minister of Health, Labor and Welfare has been obtained, stating that the said new chemical substance does not have the toxicity prescribed by the Ordinance of the Ministry of Health, Labour and Welfare according to the knowledge, etc., already gained.
(iii) When the said new chemical substance is to be manufactured or imported for the sake of research or examination.
(iv) When, as provided for by the Ordinance of the Ministry of Health, Labour and Welfare, the said new chemical substance is imported primarily for ordinary use of general consumers (including a product containing the said new chemical substance).
(2) The employer who has carried out the investigation of toxicity shall soon take necessary measures, based on the result of the said investigation for preventing impairment of workers' health caused by the said new chemical substance.
(3) The Minister of Health, Labor and Welfare shall, when notification has been made for a new chemical substance under the provisions of paragraph (1) (including the case of an affirmation under the provisions of item (ii) of the said paragraph), make public the name of the said new chemical substance, as provided for by the Ordinance of the Ministry of Health, Labour and Welfare.
(4) In case where notification has been made under the provisions of paragraph (1), the Minister of Health, Labor and Welfare may, hearing the opinion of the person with relevant knowledge and experience on the result of the investigation of toxicity as provided for by the Ordinance of the Ministry of Health, Labour and Welfare, recommend to the employer who made the notification to take due measures including establishment or improvement of facilities or equipment, provision of personal protective equipment or other actions, where it is deemed necessary for preventing workers' health impairment caused by the chemical substance of the said notification.
(5) The person with relevant knowledge and experience who were asked their opinions on the result of the investigation of toxicity under the preceding paragraph shall not divulge any confidential information known to them in connection with the said result. However, this shall not apply where they are compelled to disclose this information for the purpose of preventing the impairment of workers' health.
Article 57-4.
(1) When it is deemed necessary for preventing impairment of workers' health caused by a chemical substance likely to bring about cancer or other serious health impairment to workers the Minister of Health, Labor and Welfare may, as provided for by the Ordinance of the Ministry of Health, Labour and Welfare, instruct the employer who is manufacturing, importing or using the said chemical substance or other employers prescribed by the Ordinance of the Ministry of Health, Labour and Welfare to carry out an investigation of toxicity provided for by Cabinet Order (meaning investigation of the influence of the said chemical substance on the impairment of workers' health) and to report the result.
(2) The instruction under the provisions of the preceding paragraph shall be given in conformity with the standards provided for by the Minister of Health, Labor and Welfare, after taking every factor into consideration such as technical level of the investigation of toxicity of the chemical substance, the preparedness of the institution carrying out the investigation, the ability of investigation of the said employer, etc.
(3) The Minister of Health, Labor and Welfare shall, when the instruction is made to the said employer under the provisions of paragraph (1), hear the opinion of the person with relevant knowledge and experience in advance, as provided for by the Ordinance of the Ministry of Health, Labour and Welfare.
(4) The employer who has carried out the investigation of toxicity under the provisions of paragraph (1) shall soon take necessary measures, based on the result of the said investigation for preventing workers' health impairment caused by the said chemical substance.
(5) The person with relevant knowledge and experience who were asked their opinion under the provisions of paragraph (3) regarding the instruction under the provisions of paragraph (1) shall not divulge the confidential information known to them in connection with the said instruction. However, this shall not apply when they are compelled to disclose this information for the purpose of preventing the impairment of workers' health.
Article 57-5. (State Assistance, etc.)
In order to contribute to the adequate implementation of the investigation of toxicity under the provisions of the preceding two Articles, the State shall endeavor to prepare facilities carrying out the investigation of the toxicity of chemical substances, and to ensure the provision of information and other necessary assistance, and endeavor to carry out investigation of toxicity for itself.
Article 58.
Deleted
Chapter VI Measures in Placing Workers
Article 59. (Safety and Health Education)
(1) The employer shall, when a new worker is employed, give the said worker education for safety and/or health concerning work operations in which the worker is to be engaged, as provided for by the Ordinance of the Ministry of Health, Labour and Welfare.
(2) The provisions of the preceding paragraph shall apply mutatis mutandis when the contents of the operations have been changed.
(3) The employer shall, when a worker is to be placed in the dangerous or harmful operations provided for by the Ordinance of the Ministry of Health, Labour and Welfare, give the worker the special education for safety and/or health concerning the said operations, as provided for by the Ordinance of the Ministry of Health, Labour and Welfare.
Article 60.
In the case that one's industry comes under one of those defined by Cabinet Order, the employer shall conduct safety and/or health education on the following matters, as provided for by the Ordinance of the Ministry of Health, Labour and Welfare, for those who are newly charged as foremen or others to directly guide or supervise workers in operations (except operations chief):
(i) Matters pertaining to the decision of the method of work and the assignment of workers
(ii) Matters pertaining to the method of guiding or supervising workers
(iii) In addition to the matters listed in preceding two items, matters necessary for preventing industrial accidents, as provided for by the Ordinance of the Ministry of Health, Labour and Welfare.
Article 60-2.
(1) In addition to those stipulated in the preceding two articles, the employer shall endeavor to give education for safety and health to those who are currently engaged in dangerous or harmful work operations, concerning work operations engaged in by them, in order to improve the level of safety and health in their workplace.
(2) The Minister of Health, Labor and Welfare shall make public the guidelines necessary for the appropriate and effective implementation of the education set forth in the preceding paragraph.
(3) The Minister of Health, Labor and Welfare may give necessary guidance to the employer or the organization of the employers under the guidelines in the preceding paragraph.
Article 61. (Restrictions on Engagement)
(1) The employer shall not place any person in the operation of cranes and other operations defined by Cabinet Order unless the person has obtained the license concerning the said operations from the Director of the Prefectural Labor Bureau, has finished the skill training course related to the said operations conducted by those who have been registered by the Director of the Prefectural Labor Bureau, or has other qualifications provided for by the Ordinance of the Ministry of Health, Labour and Welfare.
(2) Any person other than those qualified to engage in the said operations under the provisions of the preceding paragraph shall not conduct the said operations.
(3) A person who is qualified pursuant to the provision of paragraph (1) to engage in the said operations shall, at the time of the engagement in the said operations, carry with oneself the license concerning the said operations or other document to prove the qualification.
(4) Alternate provisions may be made with limited extent for necessity by the Ordinance of the Ministry of Health, Labour and Welfare relating to the provisions set forth in the preceding three paragraphs, where it is necessary for the workers who are to receive vocational training authorized under the provision of paragraph (1), Article 24 of Human Resources Development Act (Act No. 64 of 1969) (including the case where the said provision is applied mutatis mutandis pursuant to paragraph (2), Article 27-2 of the same Act).
Article 62. (Considerations to Middle-Aged and Aged Workers, etc.)
In respect to middle-aged, aged and other workers to whom specified considerations should be given in placing them with a view to preventing industrial accidents, the employer shall endeavor to arrange an appropriate assignment for them according to their physical and mental conditions.
Article 63. (State Assistance)
For ensuring the effective implementation of safety and/or health education by employers, the State shall endeavor to enrich necessary policies and measures including those for the training of instructors and improvement of their quality, preparation and dissemination of training/education methods, supply of educational materials, among others.
Chapter VII Measures for Maintaining and Promoting Workers' Health
Article 64.
Deleted
Article 65. (Working Environment Measurement)
(1) The employer shall, as provided for by the Ordinance of the Ministry of Health, Labour and Welfare, conduct necessary working environment measurement in respect to the indoor and other workshops prescribed by Cabinet Order as harmful work operations are performed, and keep the record of the results.
(2) The working environment measurement under the provisions of the preceding paragraph shall be carried out in accordance with the standards for working environment measurement provided for by the Minister of Health, Labor and Welfare.
(3) The Minister of Health, Labor and Welfare shall make public the guidelines for working environment measurement necessary for ensuring the appropriate and effective implementation of the working environment measurement under the provisions of paragraph (1).
(4) When it is deemed necessary provided that the guidelines for working environment measurement set forth in the preceding paragraph are made public, the Minister of Health, Labor and Welfare may give necessary guidance etc., in connection with the said guidelines for working environment measurement to the employers or working environment measuring institutions or their organizations.
(5) Where it is deemed necessary to maintain the health of workers through the improvement of their working environment, the Director of the Prefectural Labor Bureau may, on basis of opinion of the Medical Advisor in industrial Health, instruct the employer to carry out working environment measurement or take other necessary measures, as provided for by the Ordinance of the Ministry of Health, Labour and Welfare.
Article 65-2. (Assessment etc., of the Results of Working Environment Measurement)
(1) When the assessment of results of the working environment measurement under the provisions of paragraph (1) or (5) of the preceding Article indicates the necessity of measures for the maintenance of the health of workers, the employer shall take necessary measures such as providing the necessary facilities or equipment, medical examinations and other necessary measures for the maintenance of the health of workers in accordance with the Ordinance of the Ministry of Health, Labour and Welfare.
(2) The employer, who is to make the assessment set forth in the preceding paragraph, shall make the assessment in accordance with the working environment assessment standard by the Minister of Health, Labor and Welfare, as provided for by the Ordinance of the Ministry of Health, Labour and Welfare.
(3) When the employer has made the assessment of results of the working environment measurement according to the provision of the preceding paragraph, the employer shall keep the record concerning the results of the assessment in accordance with the Ordinance of the Ministry of Health, Labour and Welfare.
Article 65-3. (Control of Works)
The employer shall endeavor to pay attention to the health of workers and properly control their works.
Article 65-4. (Restriction of Working Hours)
An employer who is to have the workers engage in the work operations likely to damage the workers' health, such as diving work, and provided for by the Ordinance of the Ministry of Health, Labour and Welfare, shall not have them work against the standard concerning the working hours provided for by the Ordinance of the Ministry of Health, Labour and Welfare.
Article 66. (Medical Examination)
(1) The employer shall, as provided for by the Ordinance of the Ministry of Health, Labour and Welfare, have medical examinations of workers conducted by a physician.
(2) The employer shall, as provided for by the Ordinance of the Ministry of Health, Labour and Welfare, have medical examinations on specified items conducted by a physician on the workers engaged in harmful work operations defined by Cabinet Order. The same shall apply to the workers who have engaged in harmful work operations defined by Cabinet Order and are currently in employment.
(3) The employer shall, as provided for by the Ordinance of the Ministry of Health, Labour and Welfare, have a dentist perform medical examinations on the workers engaged in the harmful work operations defined by Cabinet Order.
(4) The Director of the Prefectural Labor Bureau may, when it is deemed necessary for maintaining the health of workers, instruct employers on basis of the opinion of the Medical Advisor in Industrial Health and as provided for by the Ordinance of the Ministry of Health, Labour and Welfare, to conduct a special medical examination and other necessary matters.
(5) Workers shall undergo the medical examination conducted by the employer under provisions of the preceding paragraphs, provided that this shall not apply in the case where a worker who does not desire to undergo the medical examination by the physician or dentist designated by the employer, submits a document to certify the findings that the said worker has and undergone a medical examination by another physician or dentist equivalent to the medical examination under these provisions to the employer.
Article 66-2. (Submission of the result of voluntary medical examination by workers)
A worker engaged in a work between 10 p.m. to 5 a.m.. (when Minister of Health, Labor and Welfare finds it necessary, 11 p.m. to 6 a.m. for the area or period which designated by Minister; hereinafter referred to as "night work,") and whose night work frequency and other matters fall under the requirements provided for in the Ordinance of the Ministry of Health, Labour and Welfare taken into account the maintenance of workers' health, may submit to the employer a document certifying the results of a medical examination (excluding medical examinations in the proviso of paragraph (5) of the preceding Article), as provided for by the Ordinance of the Ministry of Health, Labour and Welfare.
Article 66-3. (Record of Results of Medical Examinations)
The employer shall, according to the Ordinance of the Ministry of Health, Labour and Welfare, record the results of medical examinations under the provisions of paragraph (1) to (4) and proviso in paragraph (5) of Article 66, and the preceding Article.
Article 66-4. (Hearing of Medical Doctor's Advice on Results of Medical Examination)
The employer shall, according to the provisions of the Ordinance of the Ministry of Health, Labour and Welfare, hear the opinion of a physician or dentist on necessary measures for maintaining the health of the workers based on the results of medical examinations under the provisions of paragraph (1) through (4) of Article 66, proviso in paragraph (5) and Article 66-2 (limited to the results of the medical examinations on workers with abnormal findings).
Article 66-5. (Measures for following-up the medical examination)
(1) The employer shall, by taking into consideration of the opinion of the physician or dentist under the provisions of the preceding Article, and when it is deemed necessary, take measures including changing the location of work, changing the work content, shortening the working hours or reducing the frequency of night work, along with conducting working environment measurement, installing or improving facilities or equipment, reporting the opinion of the said physician or dentist to the Health Committee or the Safety and Health Committee, or the Committee for the Improvement of Establishing Working Hours, etc. (provided for in paragraph (1) of Article 7 of the Act on Special Measures Concerning the Improvement of Establishing Working Hours, etc. (Act No. 90 of 2002); hereinafter the same), and other appropriate measures, considering circumstances of the said worker.
(2) The Minister of Health, Labor and Welfare shall make public necessary guidelines for promoting appropriate and effective implementation of the due measures by employers pursuant to the preceding paragraph.
(3) The Minister of Health, Labor and Welfare may, when it is deemed necessary, at the publication of the guidelines prescribed in the preceding paragraph, carried out necessary guidance etc., to employers or their organizations concerning the said guidelines.
Article 66-6. (Notification of results of medical examinations)
The employer shall, in accordance with the provisions of the Ordinance of the Ministry of Health, Labour and Welfare, notify a worker who had a medical examination carried out under the provisions of paragraph (1) to (4) of Article 66 of the results of the said medical examination.
Article 66-7. (Health Guidance etc.)
(1) The employer shall endeavor to give health guidance by a physician or an health nurse for such workers as are specially deemed necessary to strive to maintain their health according to the results of a medical examination under the provisions of paragraph (1) of Article 66 or the said medical examination under the proviso of paragraph (5) of the same article, or a medical examination under the provisions of Article 66-2.
(2) The worker endeavor to maintain the health by making use of the notified results of the health examination under the provisions of the preceding article and the health guidance under the provisions of the preceding paragraph.
Article 66-8. (Face-to-face guidance etc.)
(1) The employer shall, as provided for in the Ordinance of the Ministry of Health, Labour and Welfare, provide a face-to-face guidance by a physician (referring to assessing the physical and mental condition of workers through medical interview or other methods and to providing necessary face-to-face guidance in response thereto. The same applies below), to a worker whose working hour or other conditions fall under one of the requirements that are specified, taking into account the workers' health maintenance by the Ordinance of the Ministry of Health, Labour and Welfare.
(2) A worker shall undergo the face-to-face guidance provided by the employer under the provision of the preceding paragraphs, provided that this shall not apply in the case where a worker who does not desire to undergo the face-to-face guidance by the physician designated by the employer, and undergo a face-to-face guidance equivalent to the face-to-face guidance under the same paragraph by another physician and submits a document to certify the findings to the employer.
(3) The employer shall, in accordance with the provision of the Ordinance of the Ministry of Health, Labour and Welfare, record the results of the face-to-face guidance under the provision of paragraph (1) and the proviso of the preceding paragraph.
(4) The employer shall, based on the results of the face-to-face guidance provided for in paragraph (1) or the proviso of the paragraph (1) or proviso paragraph(2), hear the opinions by a physician as to the necessary measures for maintaining the health of the said worker in accordance with the provision of the Ordinance of the Ministry of Health, Labour and Welfare.
(5) The employer shall, by taking into consideration of the opinion of the physician under the provision of the preceding paragraph, and when it is deemed necessary, take measures including changing the location of work, changing the work contents, shortening the working hours, reducing the frequency of night work or other measures, along with reporting the opinion of said physician to the Health Committee, Safety and Health Committee or Committee for the Improvement of Establishing Working Hours, and other appropriate measures, considering the circumstances of the said worker.
Article 66-9.
The employer shall endeavor to take necessary measures as provided for by the Ordinance of the Ministry of Health, Labour and Welfare, to workers whose health requires consideration, other than the workers for whom the face-to-face guidance is provided pursuant to the provision of paragraph (1) of the preceding Article.
Article 67.(Personal Health Record)
(1) For the person who meets the requirements provided for by the Ordinance of the Ministry of Health, Labour and Welfare among those who have been engaged in work operations as defined by Cabinet Order which are liable to cause cancer or other serious health impairment, the Director of the Prefectural Labor Bureau shall issue a personal health record related to the said work operations at the time of their separation from this service or thereafter; provided that this shall not apply to those already in possession of a personal health record related to said work operations.
(2) The Government shall, as provided for by the Ordinance of the Ministry of Health, Labour and Welfare, take necessary measures in connection with the medical examination of a person in possession of a personal health record.
(3) A person to whom a personal health record was issued shall not transfer or lend the said personal health record to others.
(4) The form of a personal health record and other necessary matters related to a personal health record shall be provided for by the Ordinance of the Ministry of Health, Labour and Welfare.
Article 68. (Prohibition of Employment of the Sick)
The employer shall, as provided for by the Ordinance of the Ministry of Health, Labour and Welfare, prohibit the placement to work for the workers who have contracted communicable diseases and other diseases provided for by the Ordinance of the Ministry of Health, Labour and Welfare.
Article 69. (Health Education, etc.)
(1) The employer shall make continuous and systematic efforts for the maintenance and promotion of workers' health by taking necessary measures such as providing health education, health counseling and other services to the workers.
(2) Workers shall endeavor to maintain and promote their health by utilizing the services provided by the employer as set forth in the preceding paragraph.
Article 70. (Providing Convenience, etc., for Physical Exercise, etc.)
The employer shall also endeavor to take necessary measures for the maintenance and promotion of workers' health such as providing convenience for sports, recreation and other activities in addition to the measures set forth in the provisions of paragraph (1) of the preceding article.
Article 70-2. (Publication of Guidelines for Maintenance and Promotion of Health, etc.)
(1) The Minister of Health, Labor and Welfare shall publish the guidelines for the measures to be taken by the employer under the provisions of paragraph (1) of Article 69 for the maintenance and promotion of workers' health in order for such measures of the employer to be enforced appropriately and effectively.
(2) The Minister of Health, Labor and Welfare may give necessary guidance to employers or their organizations under the guidelines in the preceding paragraph.
Article 70-3. (Harmonization with Health Checkup Guidelines, etc.)
The Ordinance of the Ministry of Health, Labour and Welfare under paragraph (1) of Article 66, the guidelines under paragraph (2) of Article 66-5, the Ordinance of the Ministry of Health, Labour and Welfare unde