Pneumoconiosis Law

Section 1.   Execution of Medical Examination on Pneumoconiosis

Article 7.   The employer shall conduct medical examination on pneumoconiosis for the workers who have been newly assigned to be regularly engaged in dusty work at the time of their engagement (excluding the workers who underwent medical examination on pneumoconiosis one year or less prior to the day of engagement in the work concerned and whose classification for supervision of pneumoconiosis has been decided as No. II or III-A, and other workers provided for by Ministry of Health, Labour and Welfare Ordinance). In this case, part of the medical examination on pneumoconiosis concerned may be omitted, as provided for by Ministry of Labor Ordinance.

Article 8.   The employer shall periodically conduct medical examinations on pneumoconiosis for the workers listed below in each item, once within the period listed in each corresponding item:

(1)   Workers regularly engaged in dusty work (excluding the persons listed in the next item) : 3 years

(2)   Workers regularly engaged in dusty work and classified as No. II or No. III for supervision of pneumoconiosis :1 year

(3)   Workers who have been regularly engaged in dusty work and who are actually regularly engaged in work other than dusty work and are classified as No. II for supervision of pneumoconiosis (excluding the workers provided for by Ministry of Health, Labour and Welfare Ordinance) : 3 years

(4)   Workers who have been regularly engaged in dusty work and who are actually regularly engaged in work other than dusty work, and are classified as No. III for supervision of pneumoconiosis (excluding the workers provided for by Ministry of Health, Labour and Welfare Ordinance) :1 year

2.   The provisions of the latter part of the preceding Article shall apply mutatis mutandis to the case where medical examination on pneumoconiosis under the provisions of the preceding paragraph is conducted.

Article 9.   In cases listed in each of the follows items, the employer shall, without delay, conduct medical examinations on pneumoconiosis for the workers concerned:

(1)   When workers regularly engaged in dusty work (excluding workers whose classification for supervision of pneumoconiosis has been decided as No. II, No. III or No. IV) have been diagnosed as affected by pneumoconiosis or as suspected of contraction of pneumoconiosis after the medical examination referred to in Article 66, paragraph 1 or 2, of the Industrial Safety and Health Law.

(2)   When workers, who have suspended from work for medical treatment due to complications for more than one year, have been diagnosed by the physician as a case in which suspension from work for medical treatment is no longer required.

(3)   In addition to the cases listed in the preceding two items, in the cases provided for by Ministry of Health, Labour and Welfare Ordinance.

2.   The provisions of the latter part of Article 7 shall apply mutatis mutandis to the case where medical examination on pneumoconiosis under the provisions of the preceding paragraph is conducted.

Article 9-2.   The employer shall, in the request at the time of separation from employment by a worker listed in each of the following items and who has been employed for a period of time longer than that provided for by Ministry of Health, Labour and Welfare Ordinance till the date of separation concerned, conduct medical examination on pneumoconiosis for the worker, provided that this rule shall not apply to the case where the period from the date at which the worker concerned underwent the last medical examination on pneumoconiosis until the date of separation concerned is less than the period of time listed, for each group of workers listed in each of the following items in each corresponding item:

(1)   Workers regularly engaged in dusty work (excluding the persons listed in the following item) :1 and a half years

(2)   Workers regularly engaged in dusty work and classified as No. II or No. III for supervision of pneumoconiosis : 6 months

(3)   Workers who have been regularly engaged in dusty work and who are actually regularly engaged in work other than dusty work and are classified as No. II or No. III for supervision of pneumoconiosis (excluding the workers provided for by Ministry of Health, Labour and Welfare Ordinance) : 6 months

2.   The provisions of the latter part of Article 7 shall apply mutatis mutandis to the case where medical examination on pneumoconiosis under the provisions of the preceding paragraph is conducted.

(Relation to Medical Examination Provided for by the Industrial Safety and Health Law)

Article 10.   The employer may, where he has conducted a medical examination on pneumoconiosis, omit, within the limit of examination already conducted, the medical examination referred to in Article 66, paragraph 1 or 2 of the Industrial Safety and Health Law.

(Workers' Obligation to Undergo Medical Examination on Pneumoconiosis)

Article 11.   The workers concerned shall, except for justifiable reasons, undergo pneumoconiosis examination conducted by the employer under the provisions of Article7 to 9 inclusive, provided that this rule shall not apply to the case where a worker, who does not wish to undergo medical examination on pneumoconiosis by the physician designated by the employer, undergoes medical examination on pneumoconiosis by another physician and submits to the employer his radiograph and a written statement certifying the result of medical examination on pneumoconiosis and other documents provided for by Ministry of Health, Labour and Welfare Ordinance.

(Submission of Radiograph, etc., by Employer)

Article 12.   When the employer has conducted a medical examination on pneumoconiosis under the provisions of Article 7 through Article 9-2 or when a radiograph and a written statement certifying the result of a medical examination on pneumoconiosis and other documents have been submitted to him under the proviso of the preceding Article, the employer shall submit the said radiograph and written statement certifying the result of the medical examination on pneumoconiosis and other documents provided for by Ministry of Health, Labour and Welfare Ordinance concerning a worker who has been diagnosed as affected by pneumoconiosis to the Director General of the Prefectural Labor Bureau without delay, as provided for by Ministry of Health, Labour and Welfare Ordinance.

(Procedure for Determining Classification of the Worker Concerned for Supervision of Pneumoconiosis, etc.)

Article 13.   A worker who has been diagnosed as not affected by pneumoconiosis after the medical examination on pneumoconiosis under the provisions of Article 7 to 9-2 inclusive or of the proviso to Article 11, shall be classified as No. 1 for supervision of pneumoconiosis.

2.   When a radiograph, a written document certifying the results of a medical examination on pneumoconiosis and other documents stipulated by Ministry of Health, Labour and Welfare Ordinance have been submitted to the Director General of the Prefectural Labour Bureau under the provisions of the preceding Article, the Director General of the Prefectural Labour Bureau shall determine the classification for supervision of pneumoconiosis for the said worker based on the documents submitted and the diagnosis or examination of the Prefectural Pneumoconiosis Examination Physician.

3.   The Director General of the Prefectural Labour Bureau may, when deemed necessary for the determination covered in the preceding paragraph by the Prefectural Pneumoconiosis Examination Physician, order the employer to take a radiograph or to carry out an examination or test with the scope of the stipulations of Ministry of Health, Labour and Welfare Ordinance and designate the date or method thereof, or to submit specified material.

4.   When he has taken a radiograph or carried out an examination or test in compliance with the order provided for in the preceding paragraph, the employer shall, without delay, submit the said radiograph or a written statement of the results of an examination or test or other specified material relating to the said examination or test to the Director General of the Prefectural Labour Bureau.

5.   The provisions of the principal clause of Article 11 shall apply mutatis mutandis to the case where a radiograph is taken or examination or test is carried out in compliance with the order under the provisions of paragraph 3.

(Notification)

Article 14.   When he has made the decision referred to in paragraph 2 of the preceding Article, the Director General of the Prefectural Labour Bureau shall, as provided for by Ministry of Health, Labour and Welfare Ordinance, notify the said employer of the content of the decision and without delay return to him the radiograph and other materials submitted under the provisions of Article 12 or paragraph 3 or 4 of the preceding Article.

2.  On receipt of the notice under the provisions of the preceding paragraph, the employer shall, without delay and as provided for by Ministry of Health, Labour and Welfare Ordinance, notify the worker concerned (including the person who used to be a worker as provided for by Ministry of Health, Labour and Welfare Ordinance) of his classification for supervision of pneumoconiosis about which the decision has been made and the matters to which attention should be paid by him.

3.   When he has given the notice under the provision of the preceding paragraph, the employer shall, as provided for by Ministry of Health, Labour and Welfare Ordinance, prepare a document with the contents to the effect and keep it for the period of 3 years.

(Application at Will)

Article 15.   A worker who is regularly engaged in dusty work, or a person who was formerly a worker regularly engaged in dusty work may, at any time, undergo a medical examination on pneumoconiosis and apply for a determination of classification for supervision of pneumoconiosis to the Director General of the Prefectural Labour Bureau as provided for by Ministry of Health, Labour and Welfare Ordinance.

2.  An application under the provisions of the preceding paragraph shall be filed with a radiograph and written statement certifying the result of medical examination on pneumoconiosis and other documents provided for by Ministry of Health, Labour and Welfare Ordinance.

3.   The provisions of Article 13, paragraphs 2 to 4 inclusive, and paragraph 1 of the preceding Article shall apply mutatis mutandis to the case where an application was filed under the provisions of paragraph 1. In this case, "the preceding Article" in Article 13, paragraph 2 shall be read as "Article 15, paragraph 2," "the employer" in paragraphs 3 and 4 of the same Article as "the applicant," and "the employer concerned" and "Article 12 or paragraph 3 or 4 of the preceding Article" in paragraph 1 of the preceding Article as "the applicant and the employer who employs the applicant" and "paragraph 3 or 4 of the preceding Article or paragraph 2 of the following Article," respectively.

Article 16. The employer may, at any time, conduct a medical examination on pneumoconiosis for a worker regularly engaged in dusty work or a person who was formerly a worker regularly engaged in dusty work and apply for a determination about classification for supervision of pneumoconiosis to the Director General of the Prefectural Labour Bureau, as provided for by Ministry of Health, Labour and Welfare Ordinance.

2.   The provisions of paragraph 2 of the preceding Article shall apply mutatis mutandis to an application under the provisions of the preceding paragraph, and the provisions of Article 13, paragraph 2 to 4 inclusive, and Article 14 to the case where an application under the provisions of the preceding paragraph has been filed. In this case, "the preceding Article" in Article 13, paragraph 2, shall be read as "Article 15, paragraph 2, applied mutatis mutandis under the provisions of Article 16, paragraph 2," and "Article 12 or paragraph 3 or 4 of the preceding Article" in Article 14, paragraph 1, as "paragraph 3 or 4 of the preceding Article and the provisions of paragraph 2 of the following Article applied mutatis mutandis under the provisions of Article 16, paragraph 2."

(Order for the Submission of a Radiograph, etc.)

Article 16-2.  The Director General of the Prefectural Labour Bureau may, when he deems it necessary to determine about the proper classification for supervision of pneumoconiosis, of a worker regularly engaged in dusty work or a person who was formerly a worker regularly engaged in dusty work, order the employer to submit a radiograph, a written statement certifying the result of a medical examination on pneumoconiosis and other documents provided for by Ministry of Health, Labour and Welfare Ordinance (referred to as "radiograph, etc." in the following paragraph), as provided for by Ministry of Health, Labour and Welfare Ordinance.

2.   provisions of Article 13, paragraphs 2 to 4 inclusive, and Article 14 shall apply mutatis mutandis to the case where a radiograph, etc., are submitted under the provisions of the preceding paragraph, In this case "Article 12 or paragraph 3 or 4 of the preceding Article" shall be read as "paragraph 3 or 4 of the preceding Article or paragraph 1 of Article 16-2."

(Making and Keeping of a Record, etc.)

Article 17.  The employer shall, as provided for by Ministry of Labor Ordinance, make a record of medical examinations on pneumoconiosis he has conducted and a record of medical examinations on pneumoconiosis under the provisions of the provision to Article 11.

2.   The employer shall, as provided for by Ministry of Health, Labour and Welfare Ordinance, keep the records referred to in the preceding paragraph and a radiograph for medical examination on pneumoconiosis for the period of 7 years.

(Raising of an Objection)

Article 18.  In the appeal form for examination in the case of an appeal for examination of a determination referred to in Article 13, paragraph 2 (including the case where the same provisions are applied mutatis mutandis in Article 15, paragraph 3, Article 16, paragraph 2, and Article 16-2, paragraph 2) shall be written the matters provided for by Ministry of Health, Labour and Welfare Ordinance, in addition to the matters provided for in Article 15 of the Law for the Examination of Objections against Administrative Acts (Law No. 160 of 1962).

2.   The appeal form for examination referred to in the preceding paragraph shall, as provided for by Ministry of Health, Labour and Welfare Ordinance, be accompanied by the radiograph and other materials related to the decision concerned and an evidence.

Article 19.  An adjudgement on an appeal for examination referred to in paragraph 1 of the preceding Article shall be given based on the diagnosis or examination by the Central Pneumoconiosis Examination Physician.

2.   When he is to give an adjudgement to cancel the decision
concerned regarding an appeal for examination referred to in paragraph 1 of the preceding Article, the Minister of Health, Labour and Welfare shall in adjudgement determine the classification of the worker or of the person who was formerly a worker, for supervision of pneumoconiosis.

3.   The provisions of paragraphs 3 and 4 of Article 13 shall apply mutatis mutandis where an appeal for an examination referred to in paragraph 1 of the preceding Article has been made. In such case, "the Director General of the Prefectural Labour Bureau" shall be read "the Minister of Health, Labour and Welfare," "the Prefectural Pneumoconiosis Examination Physician" as "the Central Pneumoconiosis Examination Physician," "the determination covered in the previous paragraph" as "an adjudgement" and "the employer" as "the claimant."

4.   The Minister of Health, Labour and Welfare shall, when he has given an adjudgement, return the radiograph and other materials submitted under the provisions of paragraph 2 of the preceding Article or the provisions of Article 13, paragraph 3 or 4, applied mutatis mutandis in the preceding paragraph, to the person who submitted them.

5.   When he has given an adjudgement, the Minister of Health, Labour and Welfare shall, in addition to complying with the provisions of Article 42, paragraph 4 of the Law for the Examination of Objections against Administrative Acts, send a copy of the written adjudgement to those interested provided for by Ministry of Health, Labour and Welfare Ordinance.

(Relation between an Appeal for Examination and a Lawsuit)

Article 20.  A lawsuit for the cancellation of an action provided for in Article 18, paragraph 1, shall not be instituted until an adjudgement on an appeal for examination of the action concerned has been given.

(Responsibilities of the Employer)

Article 20-2.  The employer shall, when it is deemed necessary for maintaining the health of a worker as the result of medical examination on pneumoconiosis, endeavour to take care so as to enable the worker concerned to receive proper health guidance as well as to take an appropriate measure for his work, paying due regard to his actual conditions.

(Measures for Reducing the Degree of Exposure to Dust)

Article 20-3.  The employer shall, for a worker classified as No. II or No. III-A for supervision of pneumoconiosis, endeavour to take appropriate measures, such as a change of his place of work and a reduction in working hours for dusty work, for the purpose of reducing the degree of exposure to dust.

(Change of Work)

Article 21.  The Director General of the Prefectural Labour Bureau may, when a worker classified as No. III-A for supervision of pneumoconiosis is actually regularly engaged in dusty work, issue advice to the employer to the effect that the worker should be regularly engaged in work other than dusty work.

2.   The employer shall, when he has been given advice under the provisions of the preceding paragraph or when a worker classified as No. III-B for supervision of pneumoconiosis is actually regularly engaged in dusty work, endeavour to take steps to regularly engage the worker concerned in work other than dusty work.

3.   The employer shall, when he has taken steps to regularly engage a worker in work other than dusty work under the provisions of the preceding paragraph, notify the Director General of the Prefectural Labour Bureau of that fact as provided for by Ministry of Health, Labour and Welfare Ordinance.

4.   Where a worker classified as No. III-B for supervision of pneumoconiosis is actually regularly engaged in dusty work, the Director General of the Prefectural Labour Bureau may, when deemed for maintaining the health of the worker concerned based on the opinion of the Prefectural Pneumoconiosis Examination Physician, give the employer instructions to the effect that the person should be regularly engaged in work other than dusty work, as provided for by Ministry of Health, Labour and Welfare Ordinance.

(Change of Work Allowance)

Article 22.   The employer shall, when workers listed in each of the following items have ceased to be regularly engaged in dusty work (excluding the case where workers have been separated from employment due to the expiration of the period of a labour contract and other cases provided for by Ministry of Health, Labour and Welfare Ordinance), within seven days from that day, pay them a change-of-work allowance of the amount equivalent to the average wage provided for in Article 12 of the Labour Standards Law multiplied by the number of days listed in each of the following items for each group of workers listed in each corresponding item, provided that, when the Minister of Health, Labour and Welfare deems it necessary, special provisions concerning the amount of a change of work allowance may be provided by Ministry of Health, Labour and Welfare Ordinance:

(1)   Workers in respect of whom advice has been given under the provisions of paragraph 1 of the preceding Article, or workers classified as No. III-B for supervision of pneumoconiosis (excluding workers listed in the following item) : 30 days' amount

(2)   Workers in respect of whom instructions have been given under the provisions of paragraph 4 of the preceding Article : 60 days' amount

(Education and Training for Change of Work)

Article 22-2.   The employer shall, when necessary for regularly engaging a worker classified as No. III for supervision of pneumoconiosis in work other than dusty work, endeavour to give him education and training for a change of work.

(Medical Treatment)

Article 23.   The persons whose classification for supervision of pneumoconiosis has been decided as No. IV and the persons deemed suffering from complications shall be those for whom medical treatment is necessary.