Ordinance on Industrial Safety Consultants and Industrial Health Consultants

Section 1. Industrial Safety Consultant Examination

Article 1.  Classifications to be provided by Ministry of Health, Labour and Welfare Ordinance on the basis of paragraph 2 of Article 82 of the Industrial Safety and Health Law (hereinafter referred to as the "Law," excluding paragraph 2 of Article 3 and paragraph 2 of Article 12) are as follows:

(1)   Machinery

(2)   Electricity

(3)   Chemical

(4)   Civil engineering

(5)   Construction.

(Qualifications of Candidacy for Examination)

Article 2.  Candidates to be determined by the Ministry of Health, Labour and Welfare Ordinance on the basis of item 3 of paragraph 3 of Article 82 of the Law, are as follows:

(1)   A person who graduated from a high school (including a junior high school accredited by the former Secondary School Order (Imperial Order No. 36, 1943) same hereinafter) or a secondary school accredited by the School Education Law (Law No.26, 1947) completing formal subjects of science and possesses experience in safety fields of 10 years or longer thereafter.

(2)   A person who passed the second examination (hereinafter referred to as "successful applicants of examination for consultant engineers") provided in paragraph 1 of Article 4 of the Consultant Engineer Law (Law No. 25, 1983)

(3)   A person who received a license for first class chief electric technicians (hereinafter referred to as "first class chief electric technician") defined in item 1 of paragraph 1 of Article 44 of Electric Utility Law (Law No. 170, 1964).

(4)   A person who passed the examination for first class civil engineering work managing technique (hereinafter referred to as "first class civil engineering work managing technician") defined in Article 27-3 of the Enforcement Order of the Contractors Law (Cabinet Order No. 273, 1956).

(5)   A person who passed the first class architect examination (hereinafter referred to as "successful applicants of the first class architect examination") defined in Article 12 of the Architect Law (Law No. 202, 1950).

(6)   A person who has engaged in his duty for at least 10 years as a safety officer defined in paragraph 1 of Article 11 of the Law.

(7)   A person who completed the training course related to safety assigned by the Minister of Health, Labour and Welfare and who possesses experience in safety fields of 15 years or longer.

(8)   A person to be determined by the Minister of Health, Labour and Welfare in addition to persons listed in the preceding items.

(Written Examination)

Article 3.  Written examination for the industrial safety consultant examination (hereinafter referred to as "examination" in this section) will take place regarding the subjects in the right column of the following table according to the classification of examinations in the left column of the same table.

2. Coverage of the subjects listed in the right column of the Table of the preceding paragraph is as shown in the following table.

(Partial Exemption of Written Examination)

Article 4.  A qualified person as defined by the Ministry of Health, Labour and Welfare Ordinance based on paragraph 4 of Article 82 is one listed in the left column of the following table. For such persons, written examination concerning the subjects listed in the right column of the said table is exempted according to classification of the examinations listed in the middle column of the said table.

2.  Persons who possess qualification defined by the Ministry of Health, Labour and Welfare Ordinance based on paragraph 4 of Article 82 of the Law are determined by the Minister of Health, Labour and Welfare separately from among those who fall under item 8 of Article 2. For such persons, the written examination is partially exempted according to provisions established by the Minister of Health, Labour and Welfare separately, in addition to ones listed in the left column of the table as provided in the preceding paragraph.

(Oral Examination)

Article 5.  An oral examination is given to successful applicants of the written examination.

2.    Subjects in the oral examination are defined as shown in the right column of the following table according to classification of examinations in the left column of the same table:

3.   The provision of paragraph 2 of Article 3 shall be applied in the oral examination. In this case, description of "preceding paragraph" in the said paragraph is to be read as "paragraph 2 of Article 5".

(Execution of Examinations)

Article 6.  An examination is given at least once every year.

2.   Required items concerning the execution of examinations such as date, place, etc., shall be announced in the official gazette prior to examination.

(Application Procedures for an Examination)

Article 7.  In a case where, the person who conducts the consultant test business prescribed in Article 83-2 is the Minister of Health, Labour and Welfare, those applying for the examination shall submit the Application for the Consultant Examination (Form No. 1) to the Minister of Health, Labour and Welfare via the Director General of the Prefectural Labour Bureau with jurisdiction over the applicant's location, in a case where, designated consultant examination institution set forth in Article 83-2 conducts the said business, applicants shall
submit the application to the designated consultant examination institution.

(Issuance of Certificate)

Article 8.  The Minister of Health, Labour and Welfare shall issue a Certificate of Passing Examination (Form No. 2) to the successful applicants and announce their names in the official gazette.

(Cancellation of Passing Examinations, etc.)

Article 9.  The Minister of Health, Labour and Welfare can cancel the determination of passing examination or prohibit the taking of an examination by those who have taken or will take such examination by an unfair practice.

Section 2. Industrial Health Consultant Examination

(Classification of Examinations)

Article 10.  Classifications are to be provided by the Ministry of Health, Labour and Welfare Ordinance based on paragraph 2 of Article 82 of the Law, which is applied mutatis mutandis in paragraph 2 of Article 83 of the Law, are as follows:

(1)   Health preservation

(2)   Industrial hygiene engineering

(Qualifications of Candidacy for examination)

Article 11.  Applicants to be determined by the Ministry of Health, Labour and Welfare Ordinance based on item 3 of paragraph 3 of Article 82 of the Law, which is applied mutatis mutandis in paragraph 2 of Article 83 of the Law are as follows:

(1)   A person who graduated from a high school or a secondary school accredited by the School Education Law completing formal subjects of science and who possesses experience in health fields of 10 years or longer.

(2)   A person who passed the national examination for medical practitioners (hereinafter referred to as "successful applicant of national examination for medical practitioners") provided in Article 9 of the Medical Law (Law No. 201, 1948).

(3)   A person who passed the national examination for dental practitioners (hereinafter referred to as "successful applicant of national examination for dental practitioners") provided in Article 9 of Dental law (Law No. 202, 1948).

(4)   A pharmacist.

(5)   A person who has engaged in work as a district nurse defined in Article 2 of District Nurse and Midwife Law (Law No. 203, 1948) for at least 10 years.

(6)   A successful applicant of the examination for consultant engineers.

(7)   A successful applicant of the first class architect examination.

(8)   A licensed industrial hygiene engineering-health officer among the health officers defined by paragraph 1 of Article 12 of the Law, who has engaged in management concerning industrial hygiene engineering in the technical items related to health among the types of work listed in each item of paragraph 1 of Article 10 of the Law for at least 3 years.

(9)   A person who has engaged in his duty for at least 10 years as a health officer, defined by the provisions of paragraph 1 of Article 10 of the Law.

(9-2)   A person who has obtained registration under Article 7 of Working Environment Measurement Law (Law No. 28, 1975), and has been engaging in the work as a working environment measurement expert for at least 3 years.

(10)   A person who has completed the training course assigned by the Minister of Health, Labour and Welfare and engaged in a job related to health for at least 15 years.

(11)   A person determined by the Minister of Health, Labour and Welfare in addition to the persons listed in the preceding items.

(Written Examination)

Article 12.  The written examination for the industrial health consultant examination (hereinafter referred to as "examination" in this Section) will be held concerning the subjects in the right column of the following table according to classification of examination in the left column of the same table:

2.    Coverage of the subjects listed in the right column of the table of preceding paragraph is as shown in the following table:

(Partial Exemption of the Written Examination)

Article 13.  Qualified persons defined by the Ministry of Health, Labour and Welfare Ordinance based on paragraph 4 of Article 82 of the Law, which is applied mutatis mutandis in paragraph 2 of Article 83 of the Law are those in the left column in the following table. The written examination is exempted for those regarding subjects in the right column of the said table according to classifications of examinations listed in the middle column of the said table:

2.    Qualified persons defined by the Ministry of Health, Labour and Welfare Ordinance based on paragraph 4 of Article 82 of the Law, which is applied mutatis mutandis in paragraph 2 of Article 83 of the Law are those determined by the Minister of Health, Labour and Welfare separately from among those who fall under item 11 of Article 11 in addition to ones listed in the left column of the table as provided in the preceding paragraph. To those persons, the written examination is exempted entirely or partially according to the provisions established by the Minister of Health, Labour and Welfare separately.

(Oral Examination)

Article 14.  An oral examination is applied to those who passed the written examination and to those to whom the entire written examination is exempted under the provisions of the preceding Article.

2.    Subjects of the oral examination are defined as those in the right column of the following table according to classification of examinations listed in the left column of the said table.

3.    The provision of paragraph 2 of Article 12 shall be applied mutatis mutandis in the oral examination. In this case, description of "preceding paragraph" in the said paragraph is to be read as "paragraph 2 of Article 14."

(Execution of Examinations)