Working Environment Measurement Law

Chapter III.  Working Environment Measurement Agency

(Working Environment Measurement Agency)

Article 33.  Any person wishing to become a working environment measurement agency shall, as provided for by Ministry of Health, Labour and Welfare Ordinance, apply for the registration of the following items in the register of working environment measurement agencies:

(1)  Registration date and number.

(2)  Name or title, and address, and the name of the representative if the applicant is a juridical person.

(3)  Any other matters prescribed by Ministry of Health, Labour and Welfare Ordinance.

(Mutatis Mutandis Application)

Article 34. The provisions of paragraph 2 and 3 of Article 46, Article 47, Article 50, Article 53 (excluding item 5 of paragraph 2; this applies, hereinafter, in this paragraph) and Article 54-5 of the Industrial Safety and Health Law shall apply mutatis mutandis to the working environment measurement agency. In such case, "designation" in paragraphs 2 and 3 of Article 46 and Article 53 of the Industrial Safety and Health Law shall be read as "registration," "this Law or orders based thereupon" in item 1of paragraph 2 of Article 46 of the same Law 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, and Articles 50 and 53 of the same Law as "the Minister of Health, Labour and Welfare or the Director General of the Prefectural Labour Bureau," "the application mentioned in paragraph 1" in paragraph 3 of Article 46 of the same Law as "the application for registration of the working environment measurement agency," "inspection at time of manufacture, etc." in paragraph 1 of Article 47 of the same Law as "the working environment measurement as provided for in paragraph 2, Article 3 of the Working Environment Measurement Law." In paragraph 2 of the same Article "the time of manufacture, etc., inspection" shall be read as "the working environment measurement performed at the request of others," "those holding the qualifications stipulated by Ministry of Health, Labour and Welfare Ordinance" as "the working environment measurement expert stipulated in Ministry of Health, Labour and Welfare Ordinance," and "business report and settlement report" in Articles 50 of the same Law as "business report," "the time of manufacture, etc., inspection" in paragraph 2, Article 53 of the same Law as "the working environment measurement." Further, "or within a period not exceeding six months" in parts other than the items of paragraphs of the same Article of the Law shall be read as "or," "Article 49 or Article 50" in item 2 of the same paragraph as "or Article 50 or Article 35-2 of the Working Environment Measurement Law," "has been approved in accordance with paragraph 1 of Article 48" in item 3 of the said paragraph as "reported in accordance with the provisions of paragraph 1 of Article 34-2 of the Working Environment Measurement Law," "paragraph 3 of Article 48 or paragraph 2 of Article 51" in item 4 of the same paragraph as "paragraph 2 of Article 34-2 of the Working Environment Measurement Law," and "any of the items of paragraph 2 of Article 54-3" in item 1 of Article 54-5 of the said Law as "any of the items of paragraph 2 of Article 46 which applies mutatis mutandis to paragraph 1 of Article 34 of the Working Environment Measurement Law."

2.  The provisions of Articles 8 to 10, paragraph 2 of Article 12 and Articles 13 and 19 of the Law shall apply mutatis mutandis to the working environment measurement agency. In such case, "the register of working environment measurement experts" in Article 8 shall be read as "the register of working environment measurement agencies," "the Ministry of Health, Labour and Welfare" in paragraph 1 of the same Article as "the Ministry of Health, Labour and Welfare or the Prefectural Labour Bureau," "Article 7" in paragraphs 1 and 3 of Article 9 and Article 10 as "Article 33," "to item 4" in paragraph 1 of Article 9 as "and item 3," "the Minister of Health, Labour and Welfare" in paragraphs 1, 3 and 4 of Article 9, Article 10, paragraph 2 of Article 12 and Article 13 as "the Minister of Health, Labour and Welfare or the Director General of the Prefectural Labour Bureau," "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 the 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 by Article 5)" in paragraph 2 of Article 9 as "together with the documents testifying to items 2 and 3 of Article 33," "the certificate of registration for the working environment measurement expert" in Article 10 as "the certificate of registration for the working environment measurement agency," "suspend the working environment measurement services at the designated working places or stop using the title for a certain fixed period of time" in parts other than those enumerated in paragraph 2 of Article 12 as "suspend some or all of the working environment measurement services," "paragraph 1 of Article 4, the preceding article or paragraph 4 of Article 44," in item 2 of the same paragraph as "paragraph 2 of Article 4," "the working environment measurement services (including cases where the expert participates in such measurement services as implemented by the working environment measurement agency)" in item 5 of the same paragraph as "the working environment measurement services," and "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)"in Article 19 as "application for registration or any other matters related to the registration (including the certificate of registration for the working environment measurement agency)."

(Service Procedure)

Article 34-2. The working environment measurement agency shall establish working environment measurement procedures (hereinafter referred to as "service procedure" in this article) and submit the service procedures to the Minister of Health, Labour and Welfare or the Director General of the Prefectural Labour Bureau without delay in accordance with the provisions of the Ministry of Health, Labour and Welfare Ordinance. The same shall apply where there is an amendment to the said service procedures.

2. The Minister of Health, Labour and Welfare or the Director General of the Prefectural Labour Bureau may require the amendment of the service procedures if they are found inappropriate to the fair execution of working environment measurements.

3. The matters to be stipulated in the service procedure shall be decided by the Ministry of Health, Labour and Welfare Ordinance.

(Responsibility for Confidentiality, etc.)

Article 35.  An officer and a member of the staff (including a working environment measurement expert who is concurrently a working environment measurement agency) of the working environment measurement agency and all person who held such a post must not reveal to any person any confidential information which they have learned in the course of the conducting of the working environment measurement service.

(Notification for Suspension or Discontinuation, etc., of Service)

Article 35-2. A working environment measurement agency that suspends or discontinues some or all of its service shall notify the Minister of Health, Labour and Welfare or the Director General of the Prefectural Labour Bureau in accordance with the provisions stipulated by Ministry of Health, Labour and Welfare Ordinance without delay. The same shall apply when resuming the service of some or all of a suspended working environment measurement service.

(Japan Working Environment Measurement Association)

Article 36.  The working environment measurement experts and the working environment measurement agencies may establish a juridical person under the provisions of Article 34 of the Civil Code in the appellation of the Japan Working Environment Measurement Association, only one throughout the country.

2.  The purpose of the Japan Working Environment Measurement Association shall be to perform the business concerning guidance of and liaison among the members for contributing to the maintenance of the dignity of working environment measurement experts and the progress and improvement of the service of working environment measurement experts and working environment measurement agencies.

(Restriction on the Use of Title)

Article 37. No person who is not a working environment measurement agency shall use the appellation of "Working Environment Measurement Agency" or any other similar titles.

2.  No person other than the juridical person under paragraph 1 of the preceding Article shall use in its appellation the characters of "Japan Working Environment Measurement Association."