Enforcement Ordinance of Pneumoconiosis Law

(Exemption from Medical Examination at Time of Employment)

Article 9.   Workers provided for by the Ministry of Health, Labour and Welfare Ordinance based on Article 7 of the Law shall be defined as follows:

(1)   Workers who have not been engaged in any occupations involving regular dusty work prior to the date of beginning the regular dusty work.

(2)   Workers who were diagnosed to have no symptoms of pneumoconiosis or determined to belong to the No. I classification for supervision of pneumoconiosis at medical examination for pneumoconiosis within one year prior to the date of beginning the regular dusty work.

(3)   Workers who were determined to belong to the No. III (b) classification for supervision of pneumoconiosis at medical examination for pneumoconiosis within six months prior to the date of beginning the regular dusty work.

(Partial Omission of Medical Examination for Pneumoconiosis)

Article 10.   An employer may, at conducting medical examination for pneumoconiosis in compliance with the provisions of Article 7 through 9-2 of the Law, omit a part of the examination corresponding to the cases stated below, if all or a part of the examination provided for in each item of paragraph 1 of Article 3 of the Law was already conducted within three months of the said examination or if the workers were examined for pneumoconiosis within three months of the said examination and submitted a document providing the results of such examination or radiographs.

(Unscheduled Medical Examination)

Article 11.   The case provided for by Ministry of Health, Labour and Welfare Ordinance based on item 3 of paragraph 1 of Article 9 of the Law shall be when a worker is diagnosed not to require further medical care after recovering his health after treatment for a period exceeding one year due to complications. (excepting cases coming under the provision of item 2 of paragraph 1 of Article 9 of the Law).

(Employment Period of Workers Subject to Medical Examination upon Leaving Employment)

Article 12.   The period provided for by the Ministry of Health, Labour and Welfare Ordinance on the basis of paragraph 1 of Article 9-2 of the Law shall be one year.

(Procedures for Submitting Radiographs, etc., by the Employer)

Article 13.   An employer who intends to submit in compliance with the provisions of Article 12 of the Law shall file the report using Form No. 2 attached with radiographs and a document proving the results of the medical examination on pneumoconiosis using Form No. 3 with the Director General of the Prefectural Labour Bureau that has jurisdiction over the area where the workplace belonging to the relevant workshop is located (called "the Director General of the competent Prefectural Labour Bureau" below).

Article 14.   An employer who omitted a part of the medical examination on pneumoconiosis provided for in Article 7 through 9-2 of the Law, at submitting the documents proving the results of the examination together with radiographs in compliance with the provision of Article 12 of the Law, shall attach a document proving the result of the said examination or radiographs corresponding to the omitted part of the examination.

(Scope of Medical Examination to Be Directed by the Director General of the Prefectural Labour Bureau, etc.)

Article 15.   Medical examinations within the scope provided for by the Ministry of Health, Labour and Welfare Ordinance based on paragraph 3 of Article 13 of the Law (including the cases to be applied correspondingly in paragraph 3 of Article 15, paragraph 2 of Article 16, paragraph 2 of Article 16-2 and paragraph 3 of Article 19 of the Law) shall be as follows:

(1)   Examinations stipulated in Article 4 through Article 7

(2)   Measurement of the vital capacity of the lung

(3)   Ventilatory function test

(4)   Pulmonary gas exchange function test

(5)   Pulmonary gas exchange function test

(6)   Electrocardiograph test.

(Notification of Determination on Classification for Supervision of Pneumoconiosis)

Article 16.   The notification as provided for in paragraph 1 of Article 14 of the Law (including the cases to be applied correspondingly in paragraph 3 of Article 15, paragraph 2 of Article 16 and paragraph 2 of Article 16-2 of the Law) shall be made by the Director General of the competent Prefectural Labour Bureau in the Notification of Determination on Classification for Supervision of Pneumoconiosis (Form No. 4).

Article 17.   Notification as provided for in paragraph 2 of Article 14 of the Law (including the cases to be applied correspondingly in paragraph 2 of Article 16 and paragraph 2 of Article 16-2 of the Law. same in Article 19) shall be made in the Notification of Determination on Classification for Supervisions of Pneumoconiosis (Form No. 5).

(Past Workers Who Are Subject to Notification)

Article 18.   Those who were the workers defined by the Ministry of Health, Labour and Welfare Ordinance based on paragraph 2 of Article 14 of the Law shall be those who left their occupation without receiving the classification for supervision of pneumoconiosis and the notification about the items to take heed to during the period that they were employed by the employer.

(Preparation of Notification in Writing)

Article 19.   An employer shall, when the notification is made as provided for in paragraph 2 of Article 14 of the Law, prepare documents stating the said notification was received by the said worker and have it signed or sealed by the said worker.

(Procedure of Application at Will)

Article 20.   The application provided for in paragraph 1 of Article 15 or paragraph 1 of Article 16 of the Law shall be made by filing the Petition for Decision on Classification for Supervision of Pneumoconiosis (Form No. 6) with the Director General of the competent Prefectural Labour Bureau (for a worker who was engaged in regular dusty work (except those who are presently engaged in non-regular dusty work at the workplace and were previously engaged in such work at the said workplace) Director General of the Prefectural Labour Bureau with jurisdiction over the domicile of the said worker).

2.   The document which proves the results of medical examination on pneumoconiosis as provided for in paragraph 2 of Article 15 of the Law (including the cases to be applied correspondingly in paragraph 2 of Article 16 of the Law) shall be prepared in Form No. 3.

(Procedure for Instructing the Submission of Radiographs, etc.)

Article 21.   The instruction as provided for in paragraph 1 of Article 16-2 of the Law shall be made by the Director General of the competent Prefectural Labour Bureau in writing.

(Preparation and Retention of Records, etc.)

Article 22.   An employer shall prepare the records pertaining to the medical examinations on pneumoconiosis in Form No. 3 as soon as the examination is conducted in compliance with the provisions of Article 7 through Article 9-2 of the Law or the document proving the results of the said examination and radiographs are submitted in compliance with the proviso of Article 11 of the Law.

2.   An employer shall retain the records and X-ray photographs in the case of the preceding paragraph. Whereas, the duty to retain X-ray photographs shall be exempted when they are retained by the hospital, clinic, or a medical doctor.

(Statements in Appeal for Examination)

Article 23.   The items defined by the Ministry of Health, Labour and Welfare Ordinance provided for in paragraph 1 of Article 18 of the Law shall be as follows:

(1)   Name and address of the person who was determined.

(2)   Name and address of the interested persons provided for in paragraph 5 of Article 19 of the Law.

(Matters to Be Attached to the Appeal for Examination)

Article 24.   The appeal for examination based on the provisions of paragraph 2 of Article 18 of the Law shall be attached with the radiographs related to the said determination and matters given below and evidences:

(1)   Documents to prove the result of medical examination on pneumoconiosis.

(2)   Documents to prove the result of examinations conducted in compliance with the instructions based on the provisions of paragraph 3 of Article 13 of the Law (including the cases to be applied correspondingly in paragraph 3 of Article 15, paragraph 2 of Article 16 and paragraph 2 of Article 16-2 of the Law).

(Interested Persons)

Article 25.   Interested persons defined by the Ministry of Health, Labour and Welfare Ordinance on the basis of paragraph 5 of Article 19 of the Law shall be as follows:

(1)   The relevant employer or past employer when the examination is appealed by a worker or past worker.

(2)   The relevant worker or past worker when the examination is appealed by an employer or past employer.

(3)   The relevant worker or past worker, and the relevant employer or past employer, when the examination is appealed by the person other than those stated in the preceding two paragraphs.

(Advice for Change of Work)

Article 26.   The advice provided for in paragraph 1 of Article 21 of the Law shall be addressed by the Director General of the competent Prefectural Labour Bureau in writing.

(Reporting on Change of Work)

Article 27.   The reporting provided for in paragraph 3 of Article 21 of the Law shall be addressed to the Director General of the competent Prefectural Labour Bureau in writing.

(Instruction for Change of Work)

Article 28.   Instructions provided for in paragraph 4 of Article 21 of the Law shall be made by the Director General of the competent Prefectural Labour Bureau in writing.

(Exemption of Conversion Allowance)

Article 29.   The cases defined by the Ministry of Health, Labour and Welfare Ordinance based on Article 22 of the Law shall be as follows:

(1)   When a worker discontinues regular dusty work before the determination of classification for supervision of pneumoconiosis at medical examination for pneumoconiosis, provided for in Article 7 of the Law (including the cases at stated in proviso of Article 11 of the Law as stipulated by Article 7 of the Law) or a worker discontinues regular dusty work as soon as the classification is determined.

(2)   When a worker discontinues regular dusty work within three months from the date of beginning the regular dusty work (except in cases covered by the preceding item).

(3)   When a worker does not engaged in regular dusty work by reason of rest from work due to disease or injury, etc., when it is prearranged to come back to the former work, if such reason is over.

(4)   When a worker quits his job because the enterprise is forced to close due to force major or natural disaster.

(5)   When a worker is discharged for reasons attributable to himself.

(6)   When a worker quits his job for reasons which automatically discontinue the employment agreement such as an agreed upon age limit (excepting the case of the expiration of an employment contract).

(7)   Other cases as provided for by Minister of Health, Labour and Welfare.