Industrial Accident Prevention Organization Law

Chapter II. Industrial Accident Prevention Organizations

Section I . General Provisions

(Kind)

Article 8. The organizations established with the object of preventing industrial accident under this Law (hereinafter referred to as "industrial accident prevention organization") shall be those listed below:

(1) The Japan Industrial Safety and Health Association (hereinafter referred to as "JISHA")

(2) Industrial Accident Prevention Associations (hereinafter referred to as "association")

(Personality and Address, etc.)

Article 9. The industrial accident prevention organization shall be a juridical person.

2. The address of an industrial accident prevention organization shall be that of its main office.

3. One who is not an industrial accident prevention organization shall not use the characters denoting industrial accident prevention organization in its appellation.

4. The provision of Article 44 (Juridical Person's Capacity for an Unlawful Act) of the Civil Code (Law No. 89 of L 886) shall apply mutatis mutandis to the industrial accident prevention organizations.

(Registration)

Article l0. The industrial accident prevention organization shall be registered as provided for by Cabinet Order.

2. The matters which are to be registered under the preceding paragraph shall not have effect against a third person unless they have been registered.

Section 2. Central Industrial Accident Prevention Association

(Operations)

Article 11. JISHA shall conduct the following businesses in connection with the prevention of industrial accident, apart from attempting liaison and adjustment among its members:

(1) To promote activities for preventing industrial accident carried out by employers, their organizations and others.

(2) To establish and administer facilities for education and technical assistance.

(3) To provide guidance and assistance on technical matters.

(4) To conduct examinations and tests in respect of machines and instruments.

(5) To hold courses in the skill of workers.

(6) To collect and distribute information and data.

(7) To carry out investigations and publicity.

(8) To implement other necessary businesses.

2. JISHA may, in addition to the businesses mentioned in the preceding paragraph, conduct businesses for fostering, and improving the quality of, instructors engaged in safety and health education, and for testing the toxicity of chemical substances, etc., which are liable to inflict health impairment upon workers, being entrusted by the State.

3. The businesses stipulated in item 3 of the paragraph 1 shall be conducted for employers in undertakings other than those belonging to the designated in industries as well as for their organizations.

4. In conducting the businesses enumerated in paragraph 1, JISHA shall endeavor so that they may conform to the Industrial Accident Prevention Program formulated under the Industrial Safety and Health Law.

(Safety Officer and Health Officer)

Article 12. In order to conduct businesses related to technical matters concerning the prevention of industrial accident among the businesses enumerated in paragraph 1 of the preceding Article, JISHA shall appoint safety officers and health officers.

2. The safety officers and health officers stated in the preceding paragraph shall be chosen from among those with the qualification provided for by Ministry of Health, Labour and Welfare Ordinance.

(Qualification for Membership)

Article 13. Those with the qualifications for the membership of JISHA shall be juridical persons and other organizations as listed below:

(1) Associations.

(2) National organizations of employers which carry out activities for preventing industrial accident.

(3) An addition to the organizations listed in the above two items, organizations which carry out activities for preventing industrial accident and which the articles of incorporation provide for.

(Accession)

Article 14. All the associations shall become the members of JISHA.

2. When any juridical persons and other organization referred to in the preceding Article, items 2 and 3, desire to accede to JISHA, JISHA shall neither refuse, nor attach any unreasonable condition to, the accession without any good reason.

(Membership Fee)

Article 15. JISHA may collect membership feed from the members as provided for in the articles of incorporation.

(Establishment)

Article 16. Only one Central Association may be established throughout the country.

(Promoters)

Article 17. In order to establish JISHA, it shall be required that 5 or more juridical persons and other organizations which intend becoming members shall be the promoters.

(Inaugural General Meeting)

Article 18. Upon having prepared the articles of incorporation and published them together with the date and place of meeting at least 1 month before the opening day of the meeting, the promoters shall hold the inaugural general meeting.

2. The approval of the articles of incorporation and the decision of any matters necessary for the establishment shall be decided by the inaugural general meeting.

3. The proceedings of the inaugural general meeting shall be decided by two- thirds majority of votes of those present, the quorum being the presence of half of juridical persons and other organizations with the qualifications for membership which notified to the promoters of the intention to become members.

4. The provisions of Articles 65 and 66 (the right to vote) of the Civil Code shall apply mutatis mutandis to the vote at the inaugural general meeting.

(Authorization of Establishment)

Article 19. The promoters shall obtain the authorization of establishment without delay after the closing of the inaugural general meeting, by submitting the articles of incorporation and the documents in which the matters provided for by Ministry of Health, Labour and Welfare Ordinance are entered, to the Minister of Health, Labour and Welfare.

(Time of Establishment and Others)

Article 20. JISHA shall become valid by registering its establishment at the place where its main office is located.

2. JISHA shall, within two weeks from the date of establishment, notify the Minister of Health, Labour and Welfare of that effect.

(Articles of Incorporation)

Article 21.  The following items shall be described in the articles of incorporation of JISHA:

(1) Purpose

(2) Appellation

(3) Business

(4) Location of the main office

(5) Matters concerning qualification for its membership

(6) Matters concerning accession and withdrawal of members

(7) Matters concerning rights and obligations of members

(8) Matters concerning membership fee

(9) Matters concerning its directors of the board

(10) Matters concerning advisors

(11) Matters concerning the general meeting

(12) Matters concerning accounts

(13) Business year

(14) Method of public notice

2. Any alteration of the articles of incorporation shall not come into effect unless an authorization of the Minister of Health, Labour and Welfare is obtained.

(Directors of the Board)

Article 22. JISHA shall have as its members of the board one president, five or more executive directors and two or more auditors.

2. The president shall represent JISHA and have general control over the businesses.

3. The director shall assist the president and take charge of the business as provided for by the articles of incorporation, and, when the president is prevented from performing his duties and when the presidency is vacant, shall perform his duties.

4. The auditor shall audit the positions of business and finance, and report the findings of the said audit to the general meeting.

(Appointment, Dismissal and the Term of Office)

Article 23. The directors of the board shall be appointed or dismissed by a general meeting as provided for in the articles of incorporation. However, the directors of the board at the time of inauguration shall be appointed by the inaugural general meeting.

2. The term of president shall be a period, not exceeding 3 years, provided for in the articles of incorporation, and the term of executive directors and auditors shall be a period, not exceeding 2 years, provided for in the articles of incorporation.  The term of president at the time of inauguration shall be the period, not exceeding 1 year and 6 months, fixed by the inaugural general meeting and the term of executive directors and auditors at the time of inauguration shall be the period, not exceeding 1 year, fixed by the inaugural general meeting.

3. The directors of the board may be reappointed.

(Prohibition of Auditors' Concurrent Appointment)

Article 24. The auditor shall not be concurrently appointed as president, director or employee of JISHA.

(Restriction on the Right to Represent)

Article 25. In respect of matters on which the interest of JISHA contradicts that of the president, the president shall not have the right to represent.  In this case, the auditor shall represent JISHA as laid down in the Article s of incorporation.

(Submittal of Documents Related to Account Settlement, etc,)

Article 26. The president shall submit the report on business, the balance sheet, the account settlement and the inventory of assets to the auditors at least one week before the opening day of an ordinary general meeting and furnish the main office with them.

2. The president shall lay the documents stipulated in the preceding paragraph together with the opinion in writing of the auditors before the ordinary general meeting for its approval.

(Advisors)

Article 27. JISHA may have the posts of advisors. 

2. Advisors shall participate in important matters related to the administration of the businesses of JISHA.

3. Advisors shall be appointed by the president from among the learned and experienced in the prevention of industrial accident.

4. Apart from those provided for in the preceding 3 paragraphs, necessary matters concerning advisors shall be provided for by the articles of incorporation.

(Convocation of a General Meeting)

Article 28. The president shall convene an ordinary general meeting once in each business year as provided for by the articles of incorporation.

2. The president may, in case he considers it necessary, convene an extra general meeting.

(Matters to Be Voted on by a General Meeting)

Article 29. The following matters shall be subject to the decision by the general meeting:

(1) Revision in the articles of incorporation

(2) Decision on or revision of a business program or a budget

(3) Dissolution

(4) Expulsion of a member

(5) Other matters specified in the articles of incorporation

(Proceedings of a General Meeting)

Article 30. The proceedings shall be carried by a majority vote by those present when at least a half of the total members are present; provided that the proceedings on the matters stated in the preceding Article, items 1, 3 and 4 shall be carried by at least two-thirds majority vote by those present when at least a half of the total members arc present.

(Mutatis Mutandis Application of the Provisions of the Civil Code concerning the General Meeting)

Article 31. The provisions of Article 61, paragraph 2 (Right To Demand an Extra General Meeting), Article 62 (Procedures for Convening a General Meeting), Article 64 (Matters to Be Decided by a General Meeting), and Articles 65 and 66 (Right to Vote) of the Civil Code shall apply mutatis mutandis to the general meeting of JISHA.

(Dissolution)

Article 32. JISHA shall be dissolved for the following reasons:

(1) Resolution by the general meeting

(2) Bankruptcy

(3) Cancellation of the authorization of establishment

2. JISHA shall, when dissolved under the provision of the preceding paragraph, item 1, notify the Minister of Health, Labour and Welfare of the fact within two weeks from the date of dissolution

(Liquidator)

Article 33. The liquidator shall be appointed by the general meeting in case of the dissolution under the provision of the preceding Article, paragraph 1, item 1, and by the Minister of Health, Labour and Welfare in case of the dissolution under the provision of paragraph 1, item 3, of the same Article.

Article 34. The liquidator shall decide the method of disposition the assets and, after the decision of the general meeting, 5hall obtain an authorization of the Minister of Health, Labour and Welfare.

2. Where the general meeting fails or is unable to make the decision stated in the preceding paragraph, the liquidator, having obtained an authorization of the Minister of Health, Labour and Welfare, shall decide the method of disposing the assets.

3. The remaining assets shall be turned over to an organization which carries out activities for preventing industrial accident.

(Mutatis Mutandis Application of the Civil Code to Dissolution and Liquidation)

Article 35. The provisions of Article 70 (bankruptcy of a Juridical Person), Article 73, Article 75, Article 76, Articles 78 to 81, Article 82 (excluding the part relating to dissolution), and Article 83 (Liquidation) of the Civil Code, and Article 35, paragraph 2, Article 36, Article 37-2, Article 135-25, paragraphs 2 and 3, Article 136, Article 137 and Article 138 (Supervision of Liquidation of a Juridical Person) of the Law on Procedures in Non-Contentious Cases (Law No. 14 of 1 898) shall apply mutatis mutandis to the dissolution and liquidation of JISHA.

Section 3. Industrial Accident Prevention Associations

(Businesses)

Article 36. The association shall conduct the following businesses:

(1) To establish industrial accident prevention rules.

(2) To provide the members with technical guidance and assistance concerning the prevention of industrial accident.

2. The association may conduct, in addition to the businesses stated in the preceding paragraph, the following businesses concerning the prevention of industrial accident in the designated industry concerned:

(1) To conduct examinations and tests of machines and instruments.

(2) To hold course in the skill of workers.

(3) To collect and distribute information and data.

(4) To carry out investigations and publicity.

(5) To conduct businesses incidental to the businesses mentioned in the above.

3. In addition to the businesses stated in the preceding two paragraphs, the association may, when requested by the Minister of Health, Labour and Welfare, conduct the businesses stated in paragraph 1, item 2, for employers and organizations of employers belonging to the designated industry concerned who are not members.

4. The provisions of Article 11, paragraph 4, and Article 12 shall apply mutatis mutandis to an association; in this case, "paragraph 1" in Article 11, paragraph 4, and "paragraph 1 of the preceding Article" in Article 12, paragraph 1, shall read as "Article 36, paragraphs 1 to 3".

(Industrial Accident Prevention Rules)

Article 37. The following matters shall be laid down in the industrial accident prevention rules:

(1) Matters concerning the coverage.

(2) Matters concerning concrete measures to be taken in relation to machines, instruments and other equipments and the method of work regarding the prevention of industrial accident.

(3) Matters concerning measures for ensuring the implementation of the matters mentioned in the preceding item.

2. When the association is to lay down rules concerning discipline against a member who has violated the industrial accident prevention rules, the matters pertaining to that shall be provided for in the industrial accident prevention rules.

(Authorization of Industrial Accident Prevention Rules)

Article 38. The industrial accident prevention rules shall not come into force unless an authorization is obtained from the Minister of Health, Labour and Welfare. The same applies to their alteration.

2. The Minister of Health, Labour and Welfare shall not give an authorization mentioned in the preceding paragraph, unless the deems that the industrial accident prevention rules for which authorization as mentioned in the said paragraph is applied for satisfy every item of the following:

(1) That the contents do not violate laws and regulations.

(2) That the procedures for establishing or altering do not contravene laws and regulations or the articles of incorporation.

(3) That the rules are not unreasonably discriminative.

(4) That there is no fear of unreasonably impairing interests of workers.

3. The Minister of Health, Labour and Welfare shall, when he deems that the industrial accident prevention rules came not to satisfy any item of the preceding paragraph, order the association concerned to alter the industrial accident prevention rules, or withdraw the authorization stated in paragraph 1.

4. The Minister of Health, Labour and Welfare shall, when he is to give out an authorization mentioned in paragraph 1, or to order the alteration or withdraw the authorization as provided for in the preceding paragraph, hear the opinions of the Labour Policy Council.

(Notification of Abrogation of Industrial Accident Prevention Rules)

Article 39. The association shall, when it has abrogated the industrial accident prevention rules, notify the Minister of Health, Labour and Welfare of the fact without delay.

(Hearing Opinions of the Workers Concerned)

Article 40. The association shall, when it is to establish industrial accident prevention rules, hear, as provided for by Ministry of Health, Labour and Welfare Ordinance, the opinions of those representing the workers concerned and the learned and experienced. The same shall apply when it is to alter or abrogate them.

(Obligations to Be Observed by Members, etc )

Article 41. The members shall observe the industrial accident prevention rules.

2. The rules of employment concerning the undertaking of an employer who is the member shall not be such as contravenes the industrial accident prevention rules.

3. When industrial accident prevention rules are in conflict with the collective agreement covering the undertaking of the member, the provisions of the preceding two paragraphs shall not apply to that extent.

(Membership)

Article 42. Those with the qualifications for the membership of the association shall be the employers (and their organizations) in undertakings belonging to the designated industry concerned.

2. The provisions of Article 14, paragraph 2, and Article 15 shall apply mutatis mutandis to the association.

(Establishment)

Article 43. The association may be established for each of the designated industries.

2. The association shall not be established unless the total number of workers whom the employers who are the members normally employ in undertaking belonging to the designated industry concerned exceeds the number obtained by multiplying the total number of workers normally employed in all the undertakings belonging to the designated industry concerned by the rate defined by Ministry of Health, Labour and Welfare Ordinance.

(Promoters)

Article 44. In order to establish an association, it shall be required that at least 20 persons who intend becoming members shall be the promoters.

(Mutatis Mutandis Application to Establishment)

Article 45. The provisions of Articles 18 to 20 shall apply mutatis mutandis to the establishment of an association.

(Articles of Incorporation)

Article 46. The following matters shall be entered in the articles of incorporation of an association:

(1) Purpose

(2) Appellation

(3) businesses;

(4) Locality of the main office

(5) Matters concerning qualifications for its membership

(6) Matters concerning accession and withdrawal of members

(7) Matters concerning rights and obligations of members

(8) Matters concerning membership fee

(9) Matters concerning its directors of the board

(l0) Matters concerning advisors

(11) Matters concerning the general meeting and the meeting of representatives

(12) Matters concerning accounts

(13) Business year

(14) Method of public notice

2. The provision of Article 21, paragraph 2, shall apply mutatis mutandis to the revision of the articles of incorporation of an association.

(Directors of the Board)

Article 47. The association shall have as its members of the board one president, five or more executive directors and two or more auditors.

2. The association may have advisors.

3. The provisions of Article 22, paragraphs 2 to 4, Articles 23 to 26 and Article 27, paragraphs 2 to 4, shall apply mutatis mutandis to the directors of the board and advisors of the association.

(General Meeting)

Article 48. The president shall convene an ordinary general meeting once in each business year as provided for by the articles of incorporation.

2. The president may, in case he considers it necessary, convene an extra general meeting.

3. The following matters shall be subject to the decision by the general meeting:

(1) Revision in the Article s of incorporation

(2) Decision on or revision of a business programme or a budget

(3) Establishment, revision or abrogation of the industrial accident prevention rules

(4) Dissolution

(5) Expulsion of a member

(6) Other matters specified in the Articles of incorporation

4. The provision of Article 30 and the provisions of Article 61, paragraph 2 (Right to Demand an Extra General Meeting), Article 62 (Procedures for Convening a General Meeting), Article 64 (Matters to Be Decided by a General Meeting), Articles 65 and 66 (Right to Vote) of the Civil Code shall apply mutatis mutandis to the general meeting of an association in this case, "items 1, 3 and 4 of the preceding Article" in Article 30 shall read as "Article 48, paragraph 3, item1 and items 3 to 5".

(Meeting of Representatives)

Article 49.  An association the total number of the members of which exceeds 300 may have a meeting of representatives as provided for by the Article s of incorporation which is to take the place of the general meeting.

2. The representatives shall be elected from among the members as provided for by the articles of incorporation.

3. The fixed number of representatives shall not be less than two-tenths of the total number of members at the time of election (200 in case of the association with more than 1,000 membership).

4. The term of office of representatives shall be period within 3 years stipulated by the articles of incorporation.

5. The provisions concerning the general meeting shall apply mutaits mutandis to the meeting of representatives; provided that no decision of dissolution shall be made by the meeting of representatives.

6. No election of a representative shall be made at the meeting of representatives (excluding the election of a vacant representative).

(Mutatis Mutandis Application of the Provisions of the Civil Code and Others concerning Dissolution and Liquidation)

Article 50. The provisions of Articles 32 to 34, and the provisions of Article 70 (Bankruptcy of a Juridical Person), Article 73, Article 75, Article 76, Articles 78 to 81, Article 82 (excluding the part relating to dissolution) and Article 83 (Liquidation) of the Civil Code, and Article 35, paragraph 2. Article 36, Article 37-2, Article 135-25, paragraphs 2 and 3, Article 136, Article 137 and Article 138 (Supervision of Liquidation of a Juridical Person) of the Law on Procedures in Non-Contentious Cases shall apply mutatis mutandis to the dissolution and liquidation of an association.

Section 4. Supervision

(Submittal of Documents Related to Account Settlement)

Article 51. The industrial accident prevention organizations shall submit the report on business, the balance sheet, the account settlement and the inventory of assets to the Minister of Health, Labour and Welfare every business year within one month from the date of closing the ordinary general meeting.

(Reports, etc.)

Article 52. The Minister of Health, Labour and Welfare may, when he deems it necessary to ensure the appropriate and smooth administration of this Law, order an industrial accident prevention organization to report on its business, or have officials attached to him enter the office of an industrial accident prevention organization and inspect ledgers, documents and other necessary items.

2. The officials who are to enter and inspect on the spot under the provision of the preceding paragraph shall carry with him an identification card indicating his status and show it to the persons concerned.

3. The power of entrance and inspection on the spot under the provision of paragraph 1 shall not be construed as having been recognized for a criminal search.

(Recommendation, etc.)

Article 53. The Minister of Health, Labour and Welfare may, when he deems that the administration of an industrial accident prevention organization contravenes this Law or regulations based on this Law or its articles of incorporation, or is considerably inappropriate, recommend the said industrial accident prevention organization to rectify it, and, in case there is no improvement even after this recommendation, may take one of the actions stated in the following items:

(1) To order suspension of the whole or part of its business.

(2) To withdraw the authorization of establishment.

2. The Minister of Health, Labour and Welfare may, when he deems that an association has come not to satisfy the requirements provided for in Article 43, paragraph 2, withdraw the authorization of its establishment.

Section 5. Supplementary Provisions

(Subsidy)

Article 54. The Government may subsidize an industrial accident prevention organization regarding part of the expenses needed for its businesses within the budgetary scope in the workmen's accident compensation account in the Labour Insurance Special Account.

(Liaison with Related Administrative Agencies)

Article 55. In conducting its business, an industrial accident prevention organization shall keep a close liaison with related administrative agencies.

(Obligation to Keep Secrecy)

Article 56.  A safety officer and a health officer or a person who has been in either position shall not reveal or make fraudulent use of secrets which may come to their knowledge in connection with their duties.

2. The same rule as the preceding paragraph shall apply to a director of the board or personnel of an industrial accident prevention organization or a person who has been in either position, who may come to know the secrets mentioned in the same paragraph in connection with their duties.