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Ordinance on Industrial Safety and Health
Ministry of Labour Ordinance No. 32 of September 30, 1972

Latest Amendments:
Ministry of Health, Labour and Welfare Ordinance No. 47 of March 30, 2007
In Japanese

Update : 2008.03.28

Part I General Rules

Chapter VI Measures for Maintaining and Promoting Workers’ Health

Section 1 Working Environment Measurement

Article 42-2 (Publication of Working Environment Measurement Guideline)
Article 42-3 (Instructions for Working Environment Measurement)
  • (1) Instructions pursuant to the provision of paragraph (5) of Article 65 of the Act shall be given in writing, indicating workshop where working environment measurement is to be performed and other necessary matters.

Section 1-2 Medical Examinations

Article 43 (Medical Examination at the Time of Employment)
  • (1) The employer shall, when employing a worker as a regular employee, provide the said worker with a medical examination by a physician as to following check-items. However, this shall not apply to the case of employing a person who has the medical examination by a physician within three months before the time of employment and the said person has submitted the document certifying the result of the medical examination, check-items corresponding to the said medical examination:
    • (i) Investigation of anamnesis and work history.
    • (ii) Examination of the presence of subjective and objective symptoms.
    • (iii) Examination of height, weight, eyesight, and hearing (hearing pertaining to sound levels of 1,000 HZ or 4,000 HZ, the same shall apply in item (iii) of paragraph (1) of the next Article).
    • (iv) Thoracic X-ray examination.
    • (v) Blood pressure measurement.
    • (vi) Examination of hemoglobin content and erythrocyte count (referred to as “anemia examination” in item (vi) of paragraph (1) of the next Article).
    • (vii) Examination of serum glutamic oxaloacetic transaminase (GOT), glutamic pyruvic transaminase (GPT) and gamma-glutamyl transpeptidase (GGT) (referred to as “examination of hepatic function” in item (vii) of paragraph (1) of the next Article).
    • (viii) Examination of total cholesterol level in blood serum, high-density lipoprotein cholesterol (HDL cholesterol) and triglyceride level in blood serum (referred to as “examination of blood lipid levels” in item (viii) of paragraph (1) of the next Article).
    • (ix) Examination of blood sugar level.
    • (x) Examination of the presence or absence of sugar and protein in the urine (referred to as “urine analysis” in item (x) of paragraph (1) of the next Article).
    • (xi) Examination by electrocardiogram.
Article 44 (Periodical Medical Examination)
  • (1) The employer shall provide a regularly employed worker (excluding the worker prescribed by paragraph (1) of Article 45) with a medical examination by a physician as to the following check-items periodically once every period within a year:
    • (i) Investigation of anamnesis and work history.
    • (ii) Examination of the presence of subjective and objective symptoms.
    • (iii) Examination of height, weight, eyesight and hearing.
    • (iv) Thoracic X-ray examination and sputum examination.
    • (v) Blood pressure measurement.
    • (vi) Anemia examination.
    • (vii) Examination of hepatic function.
    • (viii) Examination of blood lipid levels.
    • (ix) Examination of blood sugar level.
    • (x) Urine analysis.
    • (xi) Examination by electrocardiogram.
  • (2) Check-items for the medical examination listed in following each item pertaining to the medical examination of the preceding paragraph shall be the items listed in the each item of the same paragraph (excluding item (iv)):
    • (i) The medical examination conducted, for a person who has not diagnosed as requiring continuous medical observation (meaning a person who was not diagnosed as having traces of a cured past disease which is considered to be tuberculosis from the results of the thoracic x-ray examination, and a person who was not diagnosed as being apt to be affected by tuberculosis by the physician in charge; the same shall apply in the next item) from the result of the medical examination conducted pursuant to the provision of the preceding Article or preceding paragraph in fiscal year (meaning the 12 months from April 1 through March 31; hereinafter the same shall apply in this paragraph and Articles 44-2 and 46) in which the person reached the ages of 16, in fiscal years in which the person reaches the ages of 17 and 18 respectively by the employer who conducted the said medical examination.
    • (ii) The medical examination that is conducted for a person who has not diagnosed as requiring continuous medical observation from the result of the medical examination that had been conducted pursuant to the provision of the preceding Article in fiscal year in which the person reached the ages of 17, in fiscal years in which the person reaches the ages of 18, by the employer who conducted the said medical examination.
  • (3) Check-items listed in (iii), (iv), and (vi) to (xi) of paragraph (1) may be omitted when the physician deems them unnecessary , pursuant to the standards provided by the Minister of Health, Labour and Welfare.
  • (4) For a person who have received the medical examination set forth in the preceding Article, Article 45-2 or the former clause of paragraph (2) of Article 66 of the Act (including a person who have submitted the documents prescribed by the proviso of preceding Article), the medical examination set forth in paragraph (1) may be provided by omitting the check-items corresponding to those which have already been received only for a year from the date in which the said previous checkups have been received.
  • (5) The check-item listed in item (iii) of paragraph (1) (limited to the hearing test) may be substituted with a hearing test (excluding a hearing pertaining to sound levels of 1,000 Hz and 4,000 Hz) deemed appropriate by the physician for those under the age of 45 (excluding those who are 35 and 40) notwithstanding the provisions of the said paragraph.
Article 44-2 (Special Exemption of Medical Examination for Those 15 Years Old and Under)
  • (1) The employer may, not withstanding the provisions of preceding two Articles, not provide the medical examination pursuant to these provisions (excluding the medical examination set forth in Article 43 pertaining to those who have graduated from the secondary education school accredited by School Education Act or the equivalent school) for those who are 15 years old or under in the fiscal year including the day on which the medical examination forest forth in the preceding two Articles is to be executed and have already received or are expected to receive the medical examination accredited under Articles 4 or 6 of the School Health Act.
  • (2) A person who is 15 years old or under in the fiscal year including the day on which the medical examination set forth in the preceding two Articles, and who do not fall under the category prescribed by the preceding paragraph, may be exempted from a whole or a part of check-items of the said medical examination, when the physician deems them unnecessary.
Article 45 (Medical Examination for Those Engaged in Specified Work)
  • (1) The employer shall provide the worker engaging regularly in works listed in item (ii) of paragraph (1) of Article 13 with a medical examination by a physician covering the check-items listed in the items of paragraph (1) of Article 44, at the time when the said worker is assigned to the said work and periodically once every period within six months. In this case, the examination on the check-item set forth in item (iv) of the same paragraph may be provided once every period within a year.
  • (2) The medical examination set forth in the preceding paragraph (excluding the periodical ones) may be, when the physician deemed them unnecessary, not withstanding the provision of the preceding paragraph, provided by omitting a whole or a part of check-items listed in item (vi) to (ix) and (xi) of paragraph (1) of Article 44 for a person who has received the previous medical examination as to the said check-items.
  • (3) The provisions of paragraph (3) and (4) of Article 44 shall apply mutatis mutandis to the medical examination set forth in paragraph (1). In this case, the term “for a year” in paragraph (4) of the same Article shall be deemed to be replaced with “for six months”.
  • (4) Of the check-items of the medical examination set forth in paragraph (1), the check-item (limited to hearing test) listed in item (iii) of paragraph (1) of Article 44 may be substituted by a hearing test deemed appropriate by the physician (excluding the hearing pertaining to the sound levels of 1,000 Hz or 4,000 Hz) for a person who has already received the said hearing test of the previous medical examination or a person who is under 45 years old (excluding those who are 35 and 40), notwithstanding the provisions of paragraph (1).
Article 45-2 (Medical Examination for Workers Dispatched Overseas)
  • (1) The employer shall, when intending a worker to dispatch overseas f for six months or longer , provide in advance the said worker with a medical examination by a physician as regard matters listed in each item of paragraph (1) of Article 44 and the items deemed necessary by the physician from among those provided by the Minister of Health, Labour and Welfare.
  • (2) The employer shall, when having the worker who has been stationed abroad for six months or longer assign to a domestic position (excluding those to be assigned temporarily), provide the said worker with the medical examination by a physician as regards as regards matters listed each item of paragraph (1) of Article 44 and the matters deemed necessary by the physician from among those provided by the Minister of Health, Labour and Welfare.
  • (3) The medical examination set forth in paragraph (1) for those who have undergone the medical examination provided for in Articles 43, 44 and the preceding Article or the former clause of paragraph (2) of Article 66 (including those who have submitted the documents prescribed by the proviso of paragraph (1) of Article 43) may omit the checkup items corresponding to those of the previously received medical examination for a period of six months from the day on which the said previous medical examination has been received.
  • (4) The provisions of paragraph (3) of Article 44 shall apply mutatis mutandis to the medical examination set forth in paragraph (1) and (2). In this case, the term “item (iv), (vi) to (xi) “in paragraph (3) of Article 44 shall be deemed to be replaced with “and item (iv).”
Article 46 (Tuberculosis Examination)
  • (1) The employer shall, for those workers who have been diagnosed to be vulnerable to tuberculosis through the medical examination prescribed by Articles 43, 44, 45 or the preceding Article (for the medical examination pertaining to workers other than those prescribed by paragraph (1) of Article 45, limited to those medical examination provided in the fiscal year after the fiscal year in which they reached 19 years of age), require such workers to receive a medical examination by a physician as to the following checkup items within six months from the said diagnosis, provided that checkups designated under item (ii) may be omitted if recognized to be unnecessary by the physician:.
    • (i) Examination by taking direct X-ray picture and sputum examination.
    • (ii) Auscultation, percussion and other necessary examinations.
Article 47 (Examination of Feces of a Food Supply Worker)
  • (1) The employer shall provide the worker engaging in the work of providing meals at a dining hall or a kitchen attached to the workplace with a feces examination at the time of employment or at the time of reassignment to the work concerned.
Article 48 (Medical Examination by a Dentist)
  • (1) The employer shall provide the worker engaging regularly in the work set forth in paragraph (3) of Article 22 of the Order with a medical examination by a dentist at the time of employment or of reassignment to the work concerned and once every period within six months periodically after the said worker has been assigned to the said work.
Article 49 (Instruction of Medical Examination)
  • (1) The instruction pursuant to the provision of paragraph (4) of Article 66 of the Act shall be given in writing, indicating the items to be examined, the extent of workers to undergo the medical examination and other necessary matters.
Article 50 (Certificate of Medical Examination Provided by a Medical Doctor that a Worker Desired)
  • (1) The document set forth in proviso of paragraph (5) of Article 66 of the Act shall be the one indicating the result of each item of a medical examination the worker concerned has undergone.
Article 50-2 (Voluntary Medical Examination)
  • (1) The requirements prescribed by the Ordinance of the Ministry of Health, Labour and Welfare set forth in Article 66-2 of the Act shall apply to the worker who is employed as a regular employee, and engage in the midnight work four times or more per month on average during six months prior to the date of voluntary medical examination in this Article.
Article 50-3
  • (1) A worker falling under the requirements provided for the preceding Article may submit to the employer the document certifying the result of a medical examination by a physician as regard all or part of the items listed in each item of paragraph (1) of Article 44 of the Act. However, this shall not apply to when having past 3 months from the day of the said medical examination.
Article 50-4
  • (1) The document set forth in Article 66-2 of the Act shall be the one indicating the result of each item of a medical examination the worker concerned has undergone.
Article 51 (Record of Results of Medical Examinations)
  • (1) The employer shall make medical examination cards (Form No.5) for individual employees based on the results of the medical examination set forth in Article 43, 44 or 45 to 48, or medical examination executed pursuant to the provision of paragraph (4) of Article 66 of the Act (including the medical examination in the case set forth in the proviso of paragraph (5) of Article 66, referred to as “medical examination set forth in Article 43, etc.” in the following Article) or the voluntary medical examination set forth in Article 66-2 of the Act and preserve such cards for five years.
Article 51-2 (Hearing of Advice by Medical Doctor, etc., on Results of Medical Examination)
  • (1) A hearing of the advice by a medical doctor or a dentist pursuant to the provision of Article 66-4 of the Act, based on the result of medical examination set forth in Article 43, etc., shall be carried out as prescribed as follows:
    • (i) To carry out within three months on the day when the medical examination set forth in Article 43, etc., has been implemented (in the case of proviso of paragraph (5) of Article 66 of the Act, on the day that the said worker submitted the document certifying the results of the medical examination to the employer).
    • (ii) To record the advice by the medical doctor or dentist on the medical examination personal card.
  • (2) A hearing of the advice by a medical doctor pursuant to the provision of Article 66-4 of the Act, based on the result of voluntary medical examination set forth in Article 66-2 of the Act shall be carried out as prescribed as follows:
    • (i) To carry out within two months on the day when employer received the document certifying the result of the said medical examination;
    • (ii) To record the advice heard from the medical doctor on the medical examination personal card.
Article 51-3 (Publication of Guidelines)
Article 51-4 (Notification of the Result of the Medical Examination)
  • (1) The employer shall notify, without delay, a worker who has undergone a medical examination set forth in paragraph (4) of Article 66 of the Act, or Article 43, Article 44 or Article 45 to 48 of this Ordinance of the results of said medical examination.
Article 52 (Report of Result of Medical Examination)
  • (1) The employer who regularly employs 50 workers or more shall submit, without delay, a report of the results of a periodical medical examination (Form No.6) to the Chief of the competent Labour Standards Inspection Office, when having implemented a medical examination set forth in Articles 44, 45 or 48 (limited to periodical ones).

Section 1-3 Face-to-Face Guidance, etc.

Article 52-2 (Requirement, etc., of Workers Subject to Face-to-Face Guidance)
  • (1) Requirements prescribed by the Ordinance of Ministry of Health, Labour and Welfare set forth in paragraph (1) of Article 66-8 of the Act shall be the person whose working hours per week has exceeded 40 hours excluding break hours and the total working hours exceeding 40 hours per week has exceeded 100 hours per month, and who is deemed to have been suffering from accumulated fatigue. However, of a worker who has undergone face-to-face guidance within one month before the date set forth in the next paragraph or other workers with similar conditions, those diagnosed as having no need to undergo face-to-face guidance shall be excluded.
  • (2) The excess working hours set forth in the preceding paragraph shall be calculated once or more a month by designating a fixed date.
Article 52-3 (Implementation Method, etc., of Face-to-Face Guidance)
  • (1) Face-to-face guidance shall be provided at the request of workers who fall under the requirements set forth in paragraph (1) of the preceding Article.
  • (2) The request set forth in the preceding paragraph shall be made without delay after the date set forth in paragraph (2) of the preceding Article.
  • (3) The employer shall, when receiving a request set forth in paragraph (1) from a worker, provide face-to-face guidance without delay.
  • (4) The industrial physician may recommend the worker whose working conditions fall under the requirements set forth in paragraph (1) of the preceding Article to make the request set forth in paragraph (1).
Article 52-4 (Confirmation Matters in Face-to-Face Guidance)
  • (1) The medical doctor shall, in providing face-to-face guidance, confirm the following matters for the worker who made a request set forth in paragraph (1) of the preceding Article:
    • (i) Working conditions of the worker concerned.
    • (ii) Conditions of accumulated fatigue of the worker concerned.
    • (iii) In addition to what is listed in the preceding item, mental and physical conditions of the worker concerned.
Article 52-5 (Certification of Face-to-Face Guidance Provided by the Medical Doctor that a Worker Desired)
  • (1) The document set forth in the proviso of paragraph (2) of Article 66-8 of the Act shall indicate the following matters concerning face-to-face guidance provided for the worker:
    • (i) The date of guidance.
    • (ii) The full name of the said worker.
    • (iii) The full name of the medical doctor who provided face-to-face guidance.
    • (iv) The conditions of accumulated fatigue of the worker concerned.
    • (v) In addition to what is listed in the preceding item, the mental and physical conditions of the said worker.
Article 52-6 (Record of Results of Face-to-Face Guidance)
  • (1) The employer shall record the results of the face-to-face guidance (including the case set forth in the proviso of paragraph (2) of Article 66-8 of the Act; the same shall apply in next Article) and preserve them for five years.
  • (2) The record set forth in the preceding paragraph shall indicate the matters listed in each item of the preceding Article and the advices by the medical doctor pursuant to the provision of paragraph (4) of Article 66-8 of the Act.
Article 52-7 (Hearing of Advices by Medical Doctor on the Results of Face-to-Face Guidance)
  • (1) The hearing of advices by the medical doctor based on the results of face-to-face guidance as pursuant to the provision of paragraph (4) of Article 66-8 of the Act shall be carried out without delay after the face-to-face guidance (after the worker submitted the certification document describing the results of face-to-face guidance in the case set forth in the proviso of paragraph (2) of Article 66-8 of the Act).
Article 52-8 (Implementation of Necessary Measures Prescribed by Article 66-9 of the Act)
  • (1) The necessary measures set forth in Article 66-9 of the Act shall be the implementation of face-to-face guidance or measures equivalent to face-to-face guidance.
  • (2) The necessary measures set forth in Article 66-9 of the Act shall be provided for the following persons:
    • (i) A worker who deemed to have been suffering from accumulated fatigue or have health concerns due to long working hours.
    • (ii) In addition to what is listed in the preceding item, workers who fall under the standard established in the workplace concerning necessary measures set forth in Article 66-9 of the Act.
  • (3) The necessary measures set forth in Article 66-9 of the Act for workers set forth in item (i) of the preceding paragraph shall be provided at the request of the said worker.

Section 2 Personal Health Record

Article 53 (Issuance of a Personal Health Record)
  • (1) A person who falls under the requirements prescribed by the Ordinance of the Ministry of Health, Labour and Welfare set forth in paragraph (1) of Article 67 of the Act shall be the one who has engaged in the work listed in the left column of the following table and falls under the requirements listed in the right column of the same table corresponding to the work concerned, at the time of or after their retirement from their service, after the date of enforcement of the Labour Standards Act (Act No.49 of 1947), or a person who falls under the requirements provided by the Minister of Health, Labour and Welfare.
    Work Requirement
    Work set forth in item (i), (ii) or (xii) of Article 23 of the Order To have experiences having engaged in the work concerned for three months or longer
    Work set forth in item (iii) of Article 23 of the Order Pneumoconiosis supervision classification determined pursuant to the provision of paragraph (2) of Article 13 of the Pneumoconiosis Act (Act No.30 of 1960) is No.II or III (including the cases where it is applied mutatis mutandis in paragraph (3) of Article 15, paragraph (2) of Article 16 and paragraph (2) of Article 16-2 of the said Act)
    Work set forth in item (iv) of Article 23 of the Order To have experience s having engaged in the work concerned for four years or longer
    Work set forth in item (v) of Article 23 of the Order To have experience s having engaged in the work concerned for five years or longer
    Work set forth in item (vi) of Article 23 of the Order To have experience s having engaged in the work concerned for five years or longer
    Work set forth in item (vii) of Article 23 of the Order To have experience s having engaged in the work concerned for three years or longer
    Work set forth in item (viii) of Article 23 of the Order To have tubercular shadow of a pervasive nature due to beryllium on both lungs
    Work set forth in item (ix) of Article 23 of the Order To have experience s having engaged in the work concerned for three years or longer
    Work set forth in item (x) of Article 23 of the Order To have experience s having engaged in the work concerned for four years or longer
    Work set forth in item (xi) of Article 23 of the Order To have irregular shadows on both lungs due to asbestos, or pleural thickening due to asbestos
  • (2) The personal health record (hereinafter referred to as “the record”) shall be issued, based on the application by the person who falls under the requirement prescribed by the preceding paragraph, by the Director of the competent Prefectural Labour Bureau (for a person who falls under the requirements after the person's retirement from the service concerned, by the Director of the Prefectural Labour Bureau who exercises jurisdiction over the area where the person resides).
  • (3) A person who intends to make the application set forth in the preceding paragraph shall submit a Personal Health Record Issuance Application (Form No.7) to the Director of the competent Prefectural Labour Bureau (for a person who falls under the requirements of paragraph (1) after the person's retirement from the service, to the Director of the Prefectural Labour Bureau who exercises jurisdiction over the area where the person resides) by attaching documents certifying the fact that the person who falls under the requirements of paragraph (1) (in cases where the said documents are not available, written statement about the said fact; including a thoracic direct X-ray picture or special X-ray picture in the case of a person who intends to make the application pertaining to the work set forth in item (viii) or (xi) of Article 23 of the Order).
Article 54 (Form of the Record)
  • (1) The record shall be prepared by Form No.8.
Article 55 (Recommendation to Receive Medical Examinations)
  • (1) The Director of the Prefectural Labour Bureau shall, when issuing the record, recommend the person who receives the record to undergo the medical examinations provided by the Minister of Health, Labour and Welfare.
Article 56
  • (1) The Director of the Prefectural Labour Bureau shall, when making the recommendation set forth in the preceding Article, inform the person who receives the record of the number of times and the method of medical examinations the person is to undergo and other matters necessary for the person to receive such examinations.
Article 57 (Presentation, etc., of the Record)
  • (1) A person who has received the record (hereinafter referred to as “the owner of the record”) shall, when intending to receive a medical examination pertaining to the recommendation set forth in Article 55 (hereinafter referred to as “the medical examination” in this Article), present the record to the medical agency, which performs the medical examination.
  • (2) The medical agency set forth in preceding paragraph shall, when having performed the medical examination for the owner of the record, record the results of the examination in the record of the person.
  • (3) The medical agency set forth in preceding paragraph shall, when having performed the medical examination for the owner of the record, without delay, submit a report by Form No.9 to the Director of the Prefectural Labour Bureau who exercises jurisdiction over the area where the said medical agency is located.
Article 58 (Renewal of the Record)
  • (1) The owner of the record shall, when having changed the name or address, within 30 days, submit a personal health record renewal application (Form No.10), attaching the record, to the Director of the Prefectural Labour Bureau who exercises jurisdiction over the area where the said owner resides, for the renewal of the record.
Article 59 (Reissuance of the Record)
  • (1) The owner of the record shall, when having lost or damaged the record, submit g a personal health record reissuance application (Form No.10) to the Director of the Prefectural Labour Bureau who exercises jurisdiction over the area where the said owner resides.
  • (2) The person who has damaged the record shall, when files an application set forth in the preceding paragraph, append the damaged record to the application form.
  • (3) The owner of the record shall, when found the record once lost after having received a record reissued, return the record once lost to the Director of the Prefectural Labour Bureau set forth in paragraph (1).
Article 60 (Return of the Record)
  • (1) When the owner of the record has died, the heir or the statutory representative of the said owner of the record shall return said record, without delay, to the Director of the Prefectural Labour Bureau who exercises jurisdiction over the area where the said owner resided.

Section 3 Prohibition of Employment of the Sick

Article 61
  • (1) The employer shall prohibit a person who falls under any of the following each item from engaging in work. However, this shall not apply to a person who listed in item (i) in the case where infectious disease preventive measures were taken:
    • (i) A person who has contracted an infectious disease, which is liable to communicate infectious agents to other person.
    • (ii) A person who is suffering from such diseases as a heart disease, kidney disease or a lung disease which are anticipated to worsen the person's physical condition as a result of employment in work.
    • (iii) A person who suffers from similar diseases to the diseases set forth in the preceding each item provided by the Minister of Health, Labour and Welfare.
  • (2) The employer shall obtain in advance opinions of an industrial physician or other medical specialists, when intending to prohibit a person from engaging in work pursuant to the provision of the preceding paragraph

Section 4 Publication of Guidelines

Article 61-2

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