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JICOSH Home > Laws > Ordinance on Examination of Machines and Other Equipment

Ordinance on Examination of Machines and Other Equipment

Ministry of Labour Ordinance No. 45 of September 30, 1972
Latest Amendments:
Ministry of Health, Labour and Welfare Ordinance No. 26 of March 21, 2001

In Japanese

Chapter II. Model Examination

(Application for New Examination of Model, etc.)

Article 6.   A person who intends to undergo a new examination of model (hereinafter referred to as "new examination of model") in the examinations provided by the provisions of paragraph 1 or 2 of Article 44-2 of the Law (hereinafter referred to as "model examination") shall submit application sheets for new examination of model (Form No. 6) together with the following drawings and documents per each model that is to be subjected to the said new examination of model, to a person who carries out model examinations (hereinafter referred to as "model examination practitioner):

(1)  Structural drawings of machines, etc., of the said model, and circuit diagram of machines, etc., wherein electrical circuits are included.

(2)  Description with respect to the performance of the said machines, etc., and description in regard to the operation of the said machines, etc.

(3)  Documents including the following items with respect to the said machines, etc.

a)  Outline of the equipment and apparatuses used for manufacturing and inspecting the said machines, etc.

b)  Name of responsible persons for workmanship of the said machines, etc.

c)  Inspection organization for the said machines, etc.

d)  Standards for the inspection of the said machines, etc.

(4)  Document wherein the results of the preliminary test are recorded in regard to the machines, etc., of the said model.

(5)  Detailed specifications as per Form No. 7 with respect to the machines, etc., described in item 12 of Article 13 of the Enforcement Order, but restricted to ones having the mechanism for preventing dangers due to the action of slides.

2.   Of those who wish to undergo the examination for the new models, one who has imported or manufactured in a foreign country the new model of the machines, etc., concerned may attach the document, which is to be issued by the party designated by the Minister of Health, Labour and Welfare (restricted to the party residing in the foreign country concerned) to certify that the construction of the machines, etc., consumed is in conformity to the standards designated by the Minister of Health, Labour and Welfare in compliance with the provision of Article 42 of the Law, to the application set forth in the preceding paragraph, providing that the submission of the document set forth in item 4 of the said paragraph may be omitted notwithstanding the provision of the preceding paragraph, if the said document is attached to the said application.

3.   A person who intends to undergo a new examination of model shall, aside from the items provided by the preceding paragraph, submit, in accordance with the type of machines, etc., described in the top column of Attached Table 1, the number of pieces prescribed in the bottom column of the said Table, with respect to the necessary items for undergoing new examination of model including the goods prescribed in the middle column of the said Table, to the model examination practitioner.

4.   A person who has made an application in accordance with the provisions of paragraph 1 (hereinafter referred to as "new examination of model applicant") shall make preparations necessary for undergoing new examination of model.


(Place of New Examination of Model)

Article 7.  The new examination of model shall be carried out at the following places, in accordance with the classification of machines, etc., described in each item. New examination of model for machines, etc., mentioned in the following item 1, however, could be carried out at the place where the new examination of model applicant desires to undergo the examination provided that goods are extremely difficult to transport or particular reasons or circumstances are involved:

(1)  Machines, etc., described in items 3 through 6, items 14 through 16 and item 39 of  Article 13 of the Cabinet Order: the place where the model examination practitioner exists.

(2)  Machines, etc., described in items 1, 2, 10 and 12, Article 13 of the Cabinet Order, but are restricted to emergency stop for machines mentioned in item 2 of the said Article, to movable contact preventive device for machines mentioned in item 10 of the said Article, and to the machines having a mechanism for preventing danger due to action of the slide with respect to machines mentioned in item 12 of the said Article: the place where new examination of model applicant desires to undergo examination.

(Standards for Model Examination)

Article 8.  The standards provided by Ministry of Health, Labour and Welfare Ordinance based on the provisions of paragraph 3 of Article 44-2 of the Law shall be as shown in the following items:

(1)  The structure of machines, etc., of the model that are to be subjected to model examination shall be in conformity with the standards specified by Minister of Health, Labour and Welfare on the basis of Article 42 of the Law

(2)  A person who intends to undergo a model examination shall possess the equipment, apparatuses, and other items as described in the following items:

a)  Manufacturing equipment and apparatuses, necessary for manufacturing machines, etc., of the model that are to be subjected to model examination, and in accordance with the type of machines, etc., described in the top column of Attached Table 2, inspection apparatuses in conformity with the requirements described in the bottom column of the said Table.

b)  In accordance with the type of machines, etc., described in the top column of Attached Table 3, responsible persons for workmanship qualified for the items specified in the bottom column of the said Table.

c)  Inspection organization capable of inspecting and judging whether or not the machines, etc., of the model that are to be subjected to model examination are in conformity with the standards specified by the Minister of Health, Labour and Welfare on the basis of Article 42 of the Law.

d)  Standards for inspection related to the machines, etc., of the model that are to be subjected to model examination, method of inspection, and the rules described related to other necessary items for inspection.

2.   In regard to the application of the provisions of item 2 a) in the preceding paragraph, a person who intends to undergo a model examination and is able to utilize at any time the following machines and equipment belonging to other persons shall be regarded as possessing these machines and equipment. These include: press machines or shears (excluding those with positive clutches) both for operations tests, rolling mills for mixing and compounding rubber, rubber compounds, and synthetic resin used for operations tests, testing machines for machines, etc., mentioned in item 2 of Article 13 of the Cabinet Order, explosion test apparatuses, vibration test apparatuses, acceleration measuring apparatuses, dust-prevention test apparatuses, jib-crane for operations tests, mobile crane for operations tests, ascending rate of carbon dioxide concentration test apparatuses, measurement apparatuses for dynamic leak ratio of exhaustion valves, testing apparatuses for leak ratios, wet resistance testing apparatuses, air-tightness test apparatuses for disc face plate.

3.   Regarding a person who intends to undergo a model examination for imported machines, etc., which are the object of model examination (excluding a person mentioned in the following paragraph) the provisions of item 2 of paragraph 1 shall be exempted from applying provided that the manufacturer of the said machines, etc., possesses the equipment and apparatuses equivalent to those described in the said item a) through 2 d)).

4.   Regarding a person who intends to undergo a model examination for machines, etc., manufactured as a unit article which is the object of the model examination, the provisions of item 2 of paragraph 1 and item 3 of paragraph 1 of Article 6 shall be exempted from applying.

(Model Examination Certificate)

Article 9.  The model examination practitioner shall deliver a certificate of having passed the model examination certificate (Form No. 8) to the new examination of model applicant with respect to the model which has passed the new examination of model.

(Validity Term of Model Examination Certificate)

Article 10.  The term of the validity provided for in paragraph 1, Article 44-3 of the Law shall vary depending on the models of the machines, etc., set forth respectively in the following item, providing that the term of validity shall be limited to the period though which the standards as the bases of the model qualification examination are valid, if the standards designated in item 1, paragraph 1 of Article 8 whereon the model examination for the model examination certificate has been made are modified (the model certification conforming to paragraph 2, Article 44-3 of the Law where the term of the validity of the model examination certificate concerned is renewed).

(1)  Machines, etc., described in items 1 through 4, items 10 and 12, items 14 through 16 and item 39 of Article 13 of the Cabinet Order, but restricted to emergency stop of systems other than electrical control systems for machines mentioned in item 2 of the said Article, to movable contact preventive devices for machines mentioned in item 10 of the said Article, and to machines having a mechanism for preventing danger due to the action of slides with respect to machines mentioned in item 12 of the said Article: 3 years.

(2)  Machines, etc., described in items 5 and 6 of Article 13 of the Cabinet Order: 5 years.

(Renewal of Validity Term of Model Examination Certificate)

Article 11.  A person who intends to undergo a renewal examination shall, before the expiration date of the validity term of the model examination certificate, submit application for a renewal examination (Form No. 9) together with the following documents and drawings to model examination practitioner:

(1)  Model examination certificate which is to be subjected to renewal of the validity term.

(2)  Drawings and documents described in each item of paragraph 1 of Article 6.

(Reissuance of Model Examination Certificate)

Article 12.  Reissue of a model examination certificate shall be allowed to a person who has lost or damaged the said certificate.

2.  A person who intends to receive reissue of a certificate of having passed a model examination certificate under the provisions of the preceding paragraph shall submit an application for reissue of a certificate of having passed the model examination certificate (Form No. 10) to the model examination practitioner who delivered the said certificate of having passed the model examination certificate.

(Alteration of Contents in Model Examination Certificate)

Article 13.  A person who has received a model examination certificate shall, in case of any alteration of the content of mentioned items in the said certificate of having passed the model examination, submit an application for the alteration of the model examination certificate (Form No. 10) together with the said model examination certificate to the model examination practitioner who delivered the said model examination certificate within 14 days after the said alteration, and receive the revised certificate.

(Emblem Indicating the Model Examination Certification)

Article 14.  The indications provided by the provisions of paragraph 5 of Article 44-2 of the Law shall be made through affixing an emblem indicating the fact of the model examination certificate (Form No. 11) to an easily visible position of the machine, etc., which has passed the said model examination, but to an easily visible position per each filtering material and disc face plate for dust masks wherein filtering material is replaceable (hereinafter referred to as "replaceable type"), per each disc face for dust masks wherein filtering material is irreplaceable (hereinafter referred to as "disposable type"), both of which are described in the provisions of item 5 of Article 13 of the Cabinet Order, and per each absorption canister and disc face plate for gas masks described in the provisions of item 6 of the said Article.

(Notification and Public Announcement for Invalidation of Model Examination Certificate)

Article 15.  When the Minister of Health, Labour and Welfare has invalidated the model examination certificate under the provision of Article 44-4 of the Law, the Minister of Health, Labour and Welfare shall promptly notify the holder of the invalidated model examination certificate to that effect in writing with the reasons for the invalidation and make a public announcement as to the following matters:

(1)  Description of the product, model name and qualified model certificate number.

(2)  Name or trade name of the party holding the qualified model certificate consumed.

(3)  Date of invalidation of the qualified model certificate concerned.

(Return of Model Examination Certificate)

Article 16.  The holder of the model examination certificate that has been invalidated under the provision Article 44-4 shall promptly return the invalidated model examination certificate to the issuer of the said certificate.

(Expenses)

Article 17.  In the case of the new examination of model being carried out at the place where the new examination of model applicant desires to undergo it on the basis of the proviso of Article 7, the said new examination of model applicant shall bear the necessary expenses such as travel expenses, etc.


INDEX
I / II
Table1 / Table2 / Table3
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