Working Environment Measurement Law

Section 1. Working Environment Measurement Expert

(Qualifications of Working Environment Measurement Experts)

Article 5.  Those who have passed the qualifying examination for working environment measurement experts (hereinafter referred to as the "examination") and have completed a training course conducted by the Director General of the Prefectural Labour Bureau or a training course conducted by a body designated by the Minister of Health, Labour and Welfare or the Director General of the Prefectural Labour Bureau (hereinafter referred to as the "training course") and those who are judged to have equivalent or superior capabilities to those who have completed the examination and training course and meet the requirements provided for by Ministry of Health, Labour and Welfare Ordinance shall be qualified to be working environment measurement experts.

Article 6.  Those who fall under any of the following categories shall not be eligible to be a working environment measurement expert:

(1) A person who has been adjudicated incompetent or quasi-incompetent.

(2) A person whose registration was canceled by virtue of the provisions of paragraph 2 of Article 12, and for whom two years have not elapsed since the date of cancellation.

(3) A person who, having violated the provisions of this Law or the Industrial Safety and Health Law (including ordinances thereunder), was sentenced to a fine or a penalty heavier than a fine and for whom two years have not elapsed since the date when the execution of the sentence was completed or the date when he ceased to be amenable to the execution of the sentence.

Article 7.  Those having the qualification for working environment measurement expert and wishing to become one shall do so by having the following items as provided for by Ministry of Health, Labour and Welfare Ordinance entered in the working environment measurement expert register:

(1) Registration date and number

(2) Name and date of birth

(3) Class

(4) Any other matters provided for by Ministry of Health, Labour and Welfare Ordinance.

Article 8.  The working environment measurement expert register shall be kept at the Ministry of Health, Labour and Welfare.

2. The employer or other persons concerned may ask to peruse the register.

(Procedure of Registration)

Article 9.  Those wishing to obtain a place in the register stipulated in Article 7 shall submit an application form indicating the items listed in items 2 to 4 of the same article to the Minister of Health, Labour and Welfare.

2. The application form mentioned in the preceding paragraph shall, as provided for by Ministry of Health, Labour and Welfare Ordinance, be submitted together with the documents testifying to items 2 to 4 of Article 7, the applicant's photograph, and the certificates for the examination and training course stipulated in Article 16 which the applicant has passed and completed (or documents serving as such certificates in the case of the applicant approved to satisfy the requirements of Ministry of Health, Labour and Welfare Ordinance as provided for in Article 5).

3. The Minister of Health, Labour and Welfare shall, where he considers that the applicant is fully eligible to be a working environment measurement expert, promptly place him in the register mentioned in Article 7 upon receipt of the application filed in accordance with the provision of paragraph 1. However, if he considers that the applicant is not eligible, he shall reject the registration.

4. The Minister of Health, Labour and Welfare shall, where he considers that the application is not acceptable, inform the applicant accordingly without delay indicating the reasons for rejection.

Article 10.  The Minister of Health, Labour and Welfare shall, after placing the applicant in the register mentioned in Article 7, issue to him the certificate of registration in which the items stipulated in the same article are stated.

Article 11.  The working environment measurement expert shall not transfer or lease his certificate of registration to any person.

(Cancellation of Registration, etc.)

Article 12.  Where the working environment measurement expert came under items 1 or 3 of Article 6 or the certificate for the examination is canceled in accordance with the provisions of Article 17, the Minister of Health, Labour and Welfare shall cancel the certificate concerned.

2. The Minister of Health, Labour and Welfare shall, where the working environment measurement expert has come under any of the following items, cancel the certificate of registration, or order to suspend the working environment measurement services at designated working places or to stop using the title for a certain fixed period of time:

(1) Malpractice committed in connection with the registration.

(2) Violation of the provisions of paragraph 1 of Article 4, preceding Article, or paragraph 4 of Article 44.

(3) Submission of false data in connection with the working environment measurement services.

(4) Violation of the condition or conditions stipulated in paragraph 1 of Article 48.

(5) Apart from those provided for in the preceding each item, any other malpractice committed in connection with the working environment measurement services (including the case where the expert participates in such measurement services as implemented by the working environment measurement agency).

(Deletion of Registration)

Article 13.  The Minister of Health, Labour and Welfare shall, where the registration becomes invalid or the holder discontinues the working environment measurement services, delete the registration.

(Examination)

(Qualifications for Examination)

Article 15.  No person other than those falling under any of the following items shall take the examination:

(1) Those who graduated in completing the regular course of science from a university or a higher technical school accredited under the School Education Law (Law No. 26 of 1947), and have experience of having engaged in industrial health service for one year or more thereafter.

(2) Those who graduated in completing the regular course of science from a high school or a secondary education school accredited under the School Education Law and have experience of having engaged in industrial health service for three years of more thereafter.

(3) Those, as provided for by Ministry of Health, Labour and Welfare Ordinance, who are deemed to have the same (or higher) ability as those mentioned in the preceding two items.

(Certificate for Examination and Training Course)

Article 16.  The Minister of Health, Labour and Welfare shall issue the certificate to those who have succeeded in the examination.

2. The Director General of the Prefectural Labour Bureau or the designated training institution stipulated in paragraph 2 of Article 32 shall issue a certificate of completion to those who have completed the training course.

(Cancellation of Certificate, etc.)

Article 17.  The Minister of Health, Labour and Welfare may, where any applicant took or attempted to take the examination by a dishonest means, cancel the certificate issued to him or prohibit him from taking the examination.

(Restriction on Use of Title)

Article 18.  The employer shall take measures necessary to prevent the propagation of those sounds or vibrations which may give workers in office rooms adverse effects, for example, by providing partitions.

2. The class-2 working environment measurement expert shall not use the title "Class-1 Working Environment Measurement Expert."

(Reference to Ministry of Health, Labour and Welfare Ordinance)

Article 19.  Subjects of the examination and training course, application for registration and any other matters not stipulated in this section which are related to the examination, training course and registration (including the certificate of registration for working environment measurement expert) shall be provided for by Ministry of Health, Labour and Welfare Ordinance.

Section 2. Designated Testing Institution

(Designation)

Article 20.  The Minister of Health, Labour and Welfare shall entrust the execution of business related to the examination (hereinafter referred to as the "test business") to the person who is designated after screening the applications for designation.

2. When the designation stipulated in the preceding paragraph (hereinafter referred to as the "designation" in this section) is given to any applying person (hereinafter referred to as the "designated testing institution"), the designated testing institution may exercise the authority of the Minister of Health, Labour and Welfare in connection with holding the examination, as provided for in Article 17.

3. The Minister of Health, Labour and Welfare shall not undertake the test business in case he has entrusted the designated testing institution with its execution.

Article 21.  The Minister of Health, Labour and Welfare shall effect the designation after examining whether the conditions given in the following items are satisfied by the application for designation:

2. The Minister of Health, Labour and Welfare shall not make any designation if the application falls under any of the following items:

(3) Fair and proper execution of the test business is liable to be disturbed by other business undertaken by the applying institution.

(4) The applying institution is a person whose designation was canceled in virtue of the provisions of Paragraph 1 of Article 30 and for whom two years have not elapsed since the date of cancellation.

(5) One of the officers of the applying institution falls under any of the following categories.

1. A person who, having violated the provisions of this Law or the Industrial Safety and Health Law (or orders issued for the working of either Law), was sentenced to a fine or a penalty heavier than a fine and for whom two years have not elapsed since the date when the execution of the sentence was completed or the date when he ceased to be amenable to the execution of the sentence.
   
   
2. A person who was dismissed by orders issued in accordance with the provision of paragraph 2 of Article 23, and for whom two years have not elapsed since the day of the dismissal.

Article 22.  The Minister of Health, Labour and Welfare shall, where he has effected the designation, announce in the Official Gazette the name and the address of the designated testing institution, the address of the office which executes the test business, and the date on which the designated agency is to start the test business.

2. In case the designated testing institution wishes to change its name or address or the address of the office which carries out the test business, it shall inform the Minister of Health, Labour and Welfare accordingly in advance.

(Election and Dismissal of Officers)

Article 23.  Election and dismissal of the officers of the designated testing institution shall have no effect unless approved by the Minister of Health, Labour and Welfare.

2. In case any officer of the designated testing institution runs counter to this Law or the Industrial Safety and Health Law (including the orders issued for the working of either Law) or the test business regulations stipulated in paragraph 1 of Article 25, or commits an extreme malpractice in connection with the test business, the Minister of Health, Labour and Welfare may order the designated testing institution to dismiss the said officer.

(Working Environment Measurement Expert Examiner)

Article 24.  In the execution of the test business, the designated testing institution shall assign the examiner of working environment measurement experts (hereinafter referred to as the "examiner") to the task of passing judgement as to whether the applicant has knowledge and capabilities required of the working environment measurement expert.

5. No examiner dismissed by orders stipulated in the preceding paragraph shall be reappointed within two years after the day of dismissal.

(Test Business Rules)

Article 25.  The designated testing institution shall lay down rules concerning the execution of the test business (hereinafter in this Section referred to as the "test business rules"), and receive the approval of the Minister of Health, Labour and Welfare, before it starts in the test business. The same shall apply where it is going to alter them.

2.  The Minister of Health, Labour and Welfare may, where he considers that the test business rules approved in the preceding paragraph have become inappropriate for proper and reliable execution of the test business, order the alteration of the test business rules.

3.  The matters to be stipulated in the test business rules shall be provided for by Ministry of Health, Labour and Welfare Ordinance.

(Approval of a Business Plan, etc)

Article 26.  The designated testing institution shall prepare a business plan and revenue and expenditure estimates for each business year and receive the approval of the Minister of Health, Labour and Welfare before the commencement of that business year (or without delay after designation in the business year to which the date of designation belongs). The same shall apply where it is going to alter them.

2.  The designated testing institution shall, within three months after the end of each business year, prepare and submit to the Minister of Health, Labour and Welfare the business report and the settlement of accounts for that business year.

(Responsibility for Confidentiality, etc.)

Article 27.  An officer and a member of the staff (including a license examiner) of the designated testing institution and all persons who held such a post must not reveal to any person confidential information which learned in the course of the conducting of the test business.

2.  An officer or a member of the staff (including a license examiner) of the designated testing institution who is engaged in the test business shall be regarded as a member of the staff engaged in public service under the laws and regulations, in respect of the application of the Penal Code (Law No. 45 of 1907) and other penal provisions.

(Supervision and Dispatch of Orders)

Article 28.  The Minister of Health, Labour and Welfare may, where he deems it necessary for the enforcement of this Law, dispatch necessary orders to the designated testing institution for the supervision of its test business.

(Suspension or Discontinuance of the Test Business)

Article 29.  The designated testing institution shall neither suspend nor discontinue the whole or part of the test business without permission from the Minister of Health, Labour and Welfare.

2.  In case the Minister of Health, Labour and Welfare gives the permission mentioned in the preceding paragraph, he shall announce accordingly in the Official Gazette.

(Cancellation of Designation, etc.)

Article 30.  Where the designation examination agency comes under any of the following items, the Minister of Health, Labour and Welfare shall cancel the designation concerned or order suspension of the whole or part of its activities related to the test business for a certain fixed period of time:

(1)  Where it has committed malpractice in connection with the gaining of designation.

(2)  Where it has violated any of the provisions of this Section.

(3)  Where it has come under item 5 of paragraph 2 of Article 21.

(4)  Where it has contravened the order issued under the provisions of paragraph 2 of Article 23, paragraph 4 of Article 24, paragraph 2 of Article 25, or Article 28.

(5)  Where it has conducted the test business without conforming to the test business rules approved under the provisions of paragraph 1 of Article 25.

(6)  Where it has violated the conditions referred to in paragraph 1 of Article 48.

2.  When the Minister of Health, Labour and Welfare has canceled the designation in accordance with the provisions of the preceding paragraph or ordered the partial or total suspension of the activities related to the test business, he shall announce accordingly in the Official Gazette.

(Execution of the Test Business by the Minister of Health, Labour and Welfare)

Article 31.  The Minister of Health, Labour and Welfare shall, where he deems it necessary, carry out the test business himself;

(1)  Where the designated testing institution suspended the whole or part of the activities related to the test business under the provisions of paragraph 1 of Article 29.

(2)  Where the Minister of Health, Labour and Welfare ordered the designated testing institution to suspend the whole or part of the activities related to the test business under the provisions of paragraph 1 of the preceding Article.

(3)  Where it became difficult by reason of some natural calamity or other causes for the designated testing institution to carry out the test business.

2.  In case the Minister of Health, Labour and Welfare is to carry out the test business himself under the provision of the preceding paragraph or to suspend the said test business, he shall announce it in advance in the Official Gazette.

3.  When the Minister of Health, Labour and Welfare is to carry out the test business himself under the provisions of paragraph 1 or permits discontinuation of the activities related to the test business as provided for in paragraph 1 of Article 29 or cancels the designation in accordance with the provisions of paragraph 1 of the preceding Article, the transfer of test business and other necessary matters shall be provided for by Ministry of Health, Labour and Welfare Ordinance.

Section 3.  Designated Training Institution

Article 32.  Designation under the provisions of Article 5 and paragraph 1 of Article 44 shall, as provided for by Ministry of Health, Labour and Welfare Ordinance, be made on the application of one who intends to give the training course or the training stipulated in the same paragraph.

2. The provisions of paragraphs 2 and 3 of Article 46, and Articles 48, 50, 52 and 53 of the Industrial Safety and Health Law shall apply mutatis mutandis to a body designated under the provisions of Article 5 or paragraph 1 of Article 44 that conducts training courses or training covered by the provisions of the same paragraph (called the "designated training institution" below). In such case, "this Law or orders based thereon" in item 1,paragraph 2 of Article 46 of the Industrial Safety and Health Law shall be read as "this Law or the Working Environment Measurement Law (Law No. 28, 1975), or orders based thereon," "the Minister of Health, Labour and Welfare" in paragraph 3 of Article 46, paragraphs 1 and 3 of Article 48, and Article 50 and 53 of the said Law shall be read as "the Minister of Health, Labour and Welfare or the Director General of the Prefectural Labour Bureau," "paragraph 1" in paragraph 3, Article 46 of the said Law shall be read as "paragraph 1 of Article 32 of the Working Environment Measurement Law," "inspection at time of manufacture, etc." in paragraphs 1 and 3 of Article 48, Article 52 and paragraph 2 of Article 53 of the said Law shall be read as "the training course as provided for in Article 5 of the Working Environment Measurement Law or the training stipulated in paragraph 1 of Article 44 of the said Law," "or within a period not exceeding six months" in sections other than the listed items of the said paragraph shall be read as "or," "Articles 47, 49 or 50" in item 2 of the said paragraph shall read "Article 50," "paragraph 3 of Article 48 or paragraph 2 of Article 51" in item 4 of the said paragraph shall read "paragraph 3 of Article 48," and "paragraph 1 of Article 110" in item 5 of the said paragraph shall read "paragraph 1 of Article 48 of the Working Environment Measurement Law."

Section 4. Designated Registration Institution

Article 32-2.  The Minister of Health, Labour and Welfare may have those who are designated based on their applications undertake the registration (hereinafter referred to as "registration business" in this article, Article 45 and Article 55) provided for in Article 7 (not including the services relating to the cancellation of the registration and issuance of the order conforming to the provisions of Article 12).

2.  The Minister of Health, Labour and Welfare shall not execute registration businesss which have already been commissioned to those who have been designated according the provision of the preceding paragraph (hereinafter referred to as "designated registration institution."

3.  For the application of the provisions of paragraph 1 of Article 8 and paragraph 1 of Article 9 to be applied to the registration business to be undertaken by the designated registration institution, "the Ministry of Health, Labour and Welfare" in paragraph 1 of Article 8 and "Minister of Health, Labour and Welfare" in paragraph 1 of Article 9 shall both be read as "the designated registration institution provided in paragraph 2 of Article 32-2." 

4.  The provisions of Section 2 (excluding those of Article 20 and Article 24 concerning the examination committee on the examination for the registered working environment measure) shall be applied with necessary modifications to the designated registration institution, providing that the part expressed as "service for examination" in item 1, paragraph 1 of Article 21 shall be read as "the service concerning the execution of the registration (hereinafter referred to as "registration business") conforming to Article 7, excluding the services concerning the cancellation of the registration and the issue of the order conforming to the provision of Article 12"; "concerning the service for examination" as "concerning the service for registration"; "appropriateness of the service for examination" as "appropriateness of registration business"; "service for examination" in item 2, paragraph 1 and item 3, paragraph 2 of the said article, paragraphs 1 and 2 of Article 22, paragraph 2 of Article 23, paragraphs 1 and 2 of Article 25, Article 27, Article 28, paragraph 1 of Article 29. Article 30 and Article 31 as "registration business"; "examination service procedure" in paragraph 2 of Article 23, Article 25 and item 5, paragraph 1 of Article 30 as "registration business procedure"; "personnel (including member of examination committee)" in Article 27 as "personnel"; "this section" in item 2, paragraph 1 of Article 30 as "this section (not including Articles 20 and 24)"; and "paragraph 2 of Article 23 and paragraph 4 of Article 24" in item 4 of the said paragraph as "paragraph 2 of Article 23."