Chapter II.  Authorized Agency for Performance Inspection

(Division of Designation)

Article 2.  The division provided by the Ministry of Health, Labour and Welfare Ordinance on the basis of paragraph 1 of Article 46 of the Law where Article 53-2 of the Law shall apply mutatis mutandis shall be as follows:

(1)  Boilers as described in item 1 of Article 12 of the Enforcement Order of  Industrial Safety and Health Law (Cabinet Order No. 318 of 1972; hereinafter referred to as the "Cabinet Order").

(2)  First-class pressure vessels as described in item 2 of Article 12 of the Cabinet Order.

(3) Cranes as described in item 3 of Article 12 of the Cabinet Order.

(4) Mobile cranes as described in item 4 of Article 12 of the Cabinet Order.

(5) Derricks as described in item 5 of Article 12 of the Cabinet Order.

(6) Elevators as described in item 6 of Article 12 of the Cabinet Order.

(7) Gondolas as described in item 8 of Article 12 of the Cabinet Order.

(Application for Designation)

Article 3.  The person who applies for the designation under the paragraph 1 of Article 46 of the Law where Article 53-2 of the Law shall apply mutatis mutandis shall submit to the Minister of Health, Labour and Welfare an application form for designation as a performance inspection agency (Form No. 1) and the following documents:

(1)  Certified copy of the articles of incorporation or the articles of association, and of the register.

(2)  List of assets and the balance sheet for the business year prior to the business year including the date of application.

(3)  Business program and a budget of income and expenditure for the business year including the date of application and the next business year.

(4)  Documents describing the following:

a)  Names and brief personal histories of officers, and names of members (appellation of the juridical person in case the member is a juridical person).

b)  Type and number of machines, appliances and other equipment to be used for performance inspections (hereinafter referred to as "performance inspection machines, etc.)

c)  Qualifications and number of inspectors.

d)  When the person conducts business other than that of performance inspections, the type and outline of such other business.

(Standard of Designation)

Article 4.  The standard provided by the Ministry of Health, Labour and Welfare Ordinance on the basis of paragraph 3 of Article 46 of the Law where Article 53-2 of the Law shall apply mutatis mutandis shall be as follows:

(1)  The applicant shall be a juridical person incorporated, the composition of the officers or members may not interfere with a fair enforcement of performance inspections.

(2)  The applicant shall be designated as an inspection agency only when such applicant employs a chief inspector (one of the inspectors who directs other inspectors and directly manages the business of performance inspection related to an application) who falls into either one of the following categories:

a)  A person who has graduated with a major related to engineering from a university or a college accredited under the School Education Law, or from a higher technical school accredited under the School Education Law and who has experience of ten years or longer in the business of inspections under Article 38 of the Law or performance inspection related to an application.

b)  A person who has graduated with a major related to engineering from a senior high school or a secondary education school accredited under the School Education Law and who has experience of 15 years or longer in the business of inspections under Article 38 of the Law or performance inspection related to an application.

c)  Other persons for whom the Minister of Health, Labour and Welfare provides.

(3)  The number of inspectors shall be at least one needed to conduct the business of performance inspections related to the application.

(4)  The number of performance inspection machines, etc., shall be at least the one needed to conduct the business of performance inspections related to the application.

(5)  The applicant shall conduct technical research, studies, etc., on machines, etc., to be inspected for performance related to an application.

(6)  The applicant shall have the  financial basis needed to conduct the business of performance inspection adequately and smoothly.

(7)  When the applicant conducts business other than the business of performance inspection, no possibility that performance inspections are conducted in an unfair manner shall exist because the applicant conducts such other business.

(8)  The designation of the applicant as an inspection agency may not interfere with an adequate and smooth enforcement of performance inspection related to an application.

(Qualifications of Inspector)

Article 5.  The person who is qualified in accordance with the Ministry of Health, Labour and Welfare Ordinance, as specified in paragraph 2 of Article 47 of the Law where Article 53-2 of the Law shall apply mutatis mutandis, shall be one who falls under either one of the following categories:

(1)  A person who has graduated with a major related to engineering from a university, a college or a higher technical school accredited under the School Education Law and who has completed the training provided by the Minister of Health, Labour and Welfare.

(2)  A person who has graduated with a major related to engineering from a senior high school or a secondary education school accredited under the School Education Law and who has completed the training provided by the Minister of Health, Labour and Welfare.

(3)  Other persons for whom the Minister of Health, Labour and Welfare provides.

(Service Rules)

Article 6.  An authorized agency for performance inspection shall, when applying for an approval of its service rules in accordance with the former part of paragraph 1, Article 48 of the Law where Article 53-2 of the Law shall apply mutatis mutandis, submit an application form of approval of service rules (Form No. 2) and such service rules to the Minister of Health, Labour and Welfare.

2.  The items to be provided for in the service rules of the authorized agency for performance inspection  shall be as follows:

(1)  Items concerning the hours during which the business of performance inspection is conducted, and holidays;

(2)  Items concerning the amount of fees and the method of payment and collection of such fees;

(3)  Items concerning the appointment, dismissal and posting of inspectors;

(4)  Items concerning the standard of enforcement of performance inspections;

(5)  Items concerning the custody of documents and books on performance inspections;

(6)  Other items than those listed in each preceding item which are necessary to the service of performance inspections.

3.  An authorized agency for performance inspection  shall, when applying for an approval of its revised service rules in accordance with the latter part of paragraph 1 of Article 48 of the Law where Article 53-2 of the Law shall apply mutatis mutandis, submit an application form of approval of revised service rules (Form No. 3) to the Minister of Health, Labour and Welfare.

(Suspension or Abolition of Service)

Article 7.  An authorized agency for performance inspection shall, when applying for an approval of the suspension or abolition of its service of performance inspection in accordance with the provisions of Article 49 of the Law where Article 53-2 of the Law shall apply mutatis mutandis, submit an application form of approval of suspension and abolition of the service of performance inspection (Form No. 4) to the Minister of Health, Labour and Welfare.

(Appointment of an Inspector)

Article 8.  An authorized agency for performance inspection shall, when applying for an approval of appointment of inspectors in accordance with the provisions of paragraph 1 of Article 51 of the Law where Article 53-2 of the Law shall apply mutatis mutandis, submit an application form of approval of the appointment of inspectors (Form No. 5) and a document describing the personal record of inspectors to be appointed to the Minister of Health, Labour and Welfare.

(Report)

Article 9.  An authorized agency for performance inspection shall, when conducting a performance inspection, submit a report of the results of performance inspection (Form No. 6) to the Chief of the Labour Standards Inspection Office who has jurisdiction over the location where machines, etc., to be inspected for performance for which such a performance inspection has been conducted are installed by the last day of the month next to the month when such a performance inspection has been conducted.

2.  An authorized agency for performance inspection shall, when dismissing its inspectors, submit without delay a report of dismissal of inspectors (Form No. 7) to the Minister of Health, Labour and Welfare.

(Book)

Article 10.  An authorized agency for performance inspection shall maintain a book describing the following matters on machines, etc., to be inspected for performance for which a performance inspection has been conducted, and shall keep such a book for three years from the day when such matters have been described:

(1)  Name and address of the person who has received such a performance inspection, and the location where such machines, etc., to be inspected for performance are installed.

(2)  Items concerning the type, structure and capacity of such machines, etc., to be inspected for performance, and the safety devices and accessories thereof, etc.

(3)  Number of the inspection certificate.

(4)  Date of the renewal of the inspection certificate.

(5)  Validity term of the inspection certificate.

(6)  Name(s) of inspector(s) who has (have) conducted such a performance inspection.

(7)  Results of such a performance inspection.

(8)  Other matters necessary to such a performance inspection.

(Public Announcement)

Article 10-2.  The provisions of Article 1-11 shall apply mutatis mutandis to the authorized agency for performance inspection. In such case, "item 1 of paragraph 1 of Article 38" in the Table of the same Article shall be read as "paragraph 2 of Article 41", "inspection at time of manufacture, etc." shall be read as "performance inspection", "Article 49" shall be read as "Article 49 of the Law where Article 53-2 shall apply mutatis mutandis", "paragraph 1 of Article 53" shall be read as "paragraph 1 of Article 53 of the Law where Article 53-2 shall apply mutatis mutandis" and "paragraph 2 of Article 53" shall be read as "paragraph 2 of Article 53 of the Law where Article 53-2 shall apply mutatis mutandis".