Pneumoconiosis Law

(Dissemination of the Law and Ordinances)

Article 35-2.   The employer shall inform the workers of the gist of this Law and ordinances thereunder by means of usually displaying or posting it in conspicuous places throughout the workshop where dusty work is performed and by other means.

(Maintaining Confidentiality concerning Medical Examination on Pneumoconiosis)

Article 35-3.   Those who have been engaged in the business of execution of medical examination on pneumoconiosis under Articles 7 to 9-2 inclusive and Article 16, paragraph 1, shall not reveal workers' confidential information, including their mental and physical defects, which they have learned in connection with the said execution.

(Prohibition of Public Imposts)

Article 36.   Tax and other public imposts shall not be levied on a change of work allowance as a tax basis.

(Prohibition of Transfer, etc.)

Article 37.   The right to receive a change of work allowance shall not be transferred, given as a security or attached.

(Prescription)

Article 38.   The right to receive a change of work allowance shall become extinctive by prescription after the lapse of two years.

(Pneumoconiosis Examination Physician)

Article 39.   The Central Pneumoconiosis Examination Physician shall be employed in the Ministry of Health, Labour and Welfare, and the Prefecture Pneumoconiosis Examination Physician in the Prefectural Labour Bureau.

2.   The Central Pneumoconiosis Examination Physician shall make diagnosis or examination of pneumoconiosis under the provisions of this Law and conduct businesses related thereto.

3.  The Prefectural Pneumoconiosis Examination Physician shall, in addition to making diagnosis or examination under the provisions of this Law, and conducting businesses related thereto, take part in businesses related to the instructions under the provisions of Article 21. Paragraph 4.

4.   The Central Pneumoconiosis Examination Physician and the Prefectural Pneumoconiosis Examination Physician (hereinafter referred to as "the Pneumoconiosis Examination Physician" in this Article and the next Article) shall be appointed by the Minister of Health, Labour and Welfare from among physicians having a sufficient knowledge of and experience in pneumoconiosis.

5.  The Pneumoconiosis Examination Physician may be in a part-time service.

(Authority of the Pneumoconiosis Examination Physician)

Article 40.   The Pneumoconiosis Examination Physician is, where it is necessary for performing duties under the provisions of paragraph 2 or 3 of the preceding Article, within the limits necessary, authorized to enter the workplace where dusty work is performed, question workers or other persons, and examine radiograph, medical records and other articles.

2.   The Pneumoconiosis Examination Physician who makes a site inspection under the provisions of the preceding paragraph shall carry with him an identification card certifying his status and present it to the persons concerned.

3.  The authority to make a site inspection under the provisions of paragraph 1 shall not be interpreted as being recognized for criminal investigation.

(Chief of the Labour Standards Inspection Office and Labour Standards Inspectors)

Article 41.   The Chief of the Labour Standards Inspection Office and Labour Standards Inspectors shall, as provided for by Ministry of Health, Labour and Welfare Ordinance, take charge of the businesses concerning the enforcement of this Law.

(Authority of the Labour Standards Inspectors)

Article 42.   The Labour Standards Inspector is, within the limits necessary to enforce this Law, authorized to enter the workplace where dusty work is performed, question the persons concerned, inspect records and documents, or measure or analyze dust.

2.   The Labour Standards Inspector who makes a site inspection under the provisions of the preceding paragraph shall carry with him an identification card certifying his status and present it to the persons concerned.

(Complaint by Workers)

Article 43-2.   Where any violations in fact of the provisions of this Law or an ordinance thereon exist in a workplace, the workers may complain to the Director General of the Prefectural Labour Bureau, the Chief of the Labour Standards Inspection Office or the Labour Standards Inspector and request that appropriate action is taken for rectification.

2.   The employer shall not dismiss or treat disadvantageously a worker who has complained of the fact under the preceding paragraph by reason of his having done so.

(Report)

Article 44.   The Minister of Health, Labour and Welfare, the Director General of the Prefectural Labour Bureau and the Chief of the Labour Standards Inspection Office may, within the limits necessary to attain the purpose of this Law, as provided for by Ministry of Health, Labour and Welfare Ordinance, make the employer report on matters pertaining to the prevention of pneumoconiosis and supervision of health for pneumoconiosis.

(Interim Measures)