Chapter III-II.  Authorized Agency for Model Examination

(Division of Designation)

Article 19-3.  The division provided by the Ministry of Health, Labour and Welfare Ordinance based on paragraph 1 of Article 54-2 of the Law shall be as follows:

(1)  Safety devices for press machines or shears as described in item 1 of Article 13 of the Cabinet Order.

(2)  Emergency stops for rolling mills for kneading rubber, rubber compounds or synthetic resins as described in item 2 of Article 13 of the Cabinet Order which are not operated by the electric control system.

(3)  Explosion-proof structured electric machines and appliances as described in item 3 of Article 13 of the Cabinet Order.

(4)  Moment limiter for cranes or mobile cranes as described in item 4 of Article 13 of the Cabinet Order.

(5)  Dust masks as described in item 5 of Article 13 of the Cabinet Order.

(6)  Gas masks described in item 6 of Article 13 of the Cabinet Order.

(7)  Teeth contact preventing devices for a woodworking circular saw as described in item 10 of Article 13 of the Cabinet Order which are movable.

(8)  Power driven presses as described in item 12 of Article 13 of the Cabinet Order (hereinafter referred to as "power presses") which are equipped with a mechanism preventing danger due to the action of the slide.

(9)  Automatic voltage reducing devices for A.C. arc welding machines as described in item 14 of Article 13 of the Cabinet Order.

(10)  Personal protective equipment for electrical insulation, as described in item 15 of Article 13 of the Cabinet Order.

(11)  Insulating devices for linemen as described in item 16 of Article 13 of the Cabinet Order.

(12)  Safety helmets as described in item 39 of Article 13 of the Cabinet Order.

(Application for Designation)

Article 19-4.  The person who applies for the designation under the paragraph 1 of Article 54-2 of the Law shall submit to the Minister of Health, Labour and Welfare an application form for authorized agency for model examination (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)  Kind, number and capacity of machines, appliances and other equipment to be used for model examinations (hereinafter referred to as "model examination machines, etc.").

c)  Qualifications and number of examiners.

d)  When the person conducts a business other than that of model examinations, the type and outline of such other business.

(Standard of Designation)

Article 19-5.  The standard provided by the Ministry of Health, Labour and Welfare Ordinance on the basis of paragraph 3 of Article 46 of the Law which applies mutatis mutandis in paragraph 2 of Article 54-2 of the Law 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 model examinations.

(2)  The applicant shall be designated as a model examination agency only when such applicant employs a chief examiner (one of the examiners who directs other examiners and directly manages the business of model examination related to the application made in accordance with the preceding Article (hereinafter referred to as an `"application" in this Chapter) who falls under either one of the following:

a)  A person who has graduated with a major related to engineering from a university or a college, 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 research, designing, manufacture, inspection or model examination of machines, etc., listed in each item of Article 19-3 (hereinafter referred to as "machines, etc., for model examination") which are 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 the research, designing, manufacture, inspection or model examination of machines, etc., for model examination which are related to an application.

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

(3)  The number of examiners shall be at least that needed to conduct the business of model examination related to an application.

(4)  The number of model examination machines, etc., shall be at least that needed to conduct the business of model examinations related to an application.

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

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

(7)  When the applicant conducts a business other than the business of model examination, no possibility that the model examinations are conducted in an unfair manner shall exist because the applicant conducts such other business.

(8)  The designation of the applicant as a model examination agency  shall not interfere with an  appropriate and smooth enforcement of model examinations. 

(Qualification of an Examiner)

Article 19-6.  (Amended) 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 which applies mutatis mutandis in paragraph 2 of Article 54-2 of the Law 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 or a college, or from a higher technical school accredited under the School Education Law and who has been engaged in the business of the research, designing, manufacture, inspection or model examination of machines, etc., for model examination related to model examination to be conducted by the person at least for two years.

(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 been engaged in the business of the research, designing manufacture, inspection remodel examination of machines, etc., for model examination to be conducted by the person at least for five years.

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

(Service Rules)

Article 19-7.  An authorized agency for model examination shall when applying for an approval of its service rules in accordance with the former part of paragraph 1 of Article 48 of the Law which applies mutatis mutandis in paragraph 2 of Article 54-2 of the Law, 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 in such service rules shall be as follows:

(1)  Items concerning the hours during which the service of model examination is conducted, and holidays.

(2)  Items concerning the place in which the service of model examination is conducted.

(3)  Items concerning the amount of fees and the method of payment and collection of such fees.

(4)  Items concerning the issuance of the certificate of passage of model examination.

(5)  Items concerning the appointment, dismissal and posting of examiners.

(6)  Items concerning the custody of documents and books on model examinations.

(7)  Items other than those listed in the preceding items which are necessary for the service of model examinations.

3.  An authorized agency for model examination 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 which applies mutatis mutandis in paragraph 2 of Article 54-2 of the Law, 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 19-8.  An authorized agency for model examination shall, when applying for an approval of the suspension or abolition of its service of model examination in accordance with the provisions of Article 49 of the Law which applies mutatis mutandis in paragraph 2 of Article 54-2 of the Law, submit an application form of approval of suspension or abolition of the service of model examination (Form No. 4) to the Minister of Health, Labour and Welfare.

(Appointment of Examiner)

Article 19-9.  An authorized agency for model examination shall, when applying for an approval of appointment of examiners in accordance with the provisions of paragraph 1 of Article 51 of the Law which applies mutatis mutandis in paragraph 2 of Article 54-2 of the Law, submit an application form of approval of the appointment of examiners (Form No. 5) and a document describing the personal record of examiners to be appointed to the Minister of Health, Labour and Welfare.

(Report)

Article 19-10.  An authorized agency for model examination shall submit to the Minister of Health, Labour and Welfare once at least every six months in every business year the results of model examinations conducted within the said period as to the following matters:

(1)  Names of successful applicants related to machines, etc., for model examination which have been approved in a model examination (excluding renewal examination of the following item; the same in items 1, 3 and 4 of the following Article), and the kind, model, capacity, date of model examination and approval number of model examination of such machines, etc., for model examination.

(2)  Names of successful applicants related to machines, etc., for model examination which have been approved in a model examination in accordance with the provisions of paragraph 2 of Article 44-3 of the Law (hereinafter refined to as "renewal examinations), and the kind, model, capacity, date of model examination and approval number of model examination of such machines, etc., for model examination.

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

(Book)

Article 19-11.  An authorized agency for model examination shall maintain a book describing the following matters on machines, etc., for model examination for which model examination has been conducted, and shall keep such a book for ten years from the day when such matters have been described:

(1)  Name of the person who has received such a model examination.

(2)  Kind, model and capacity of machines, etc., for model examination.

(3)  Date of such a model examination.

(4)  Name(s) of examiner(s) who has (have) conducted such a model examination.

(5)  Number of approval of such a model examination.

(6)  When a renewal examination has been conducted, the date of such a renewal examination.

(7)  When machines, etc., for model examination have been rejected in a renewal examination, the reason for such a rejection.

(Public Announcement)

Article 19-12.  The provisions of Article 1-11 shall apply mutatis mutandis to authorized agency for model examination. In such case, "item 1 of paragraph 1 of Article 38" in the Table of the same Article shall be read as "paragraph 1 of Article 44-2," "inspection at time of manufacture, etc." shall be read as "model inspection" and "Article 53-2" shall read "paragraph 2 of Article 54-2".