Working Environment Measurement Law

Chapter IV.  Miscellaneous Provisions

(Chief of Labour Standards Inspection Office and Labour Standards Inspector)

Article 38.  The Chief of the Labour Standards Inspection Office and the Labour Standards Inspector shall be in charge of the business concerning the enforcement of this Law as provided for by Ministry of Health, Labour and Welfare Ordinance.

(Powers of Labour Standards Inspectors)

Article 39.  The labour standards inspector is, where he deems it necessary for enforcing this Law, authorized to enter into the workplace, question the persons concerned, inspect records, documents and other articles.

2.  In the cases under the preceding paragraph, the Labour Standards Inspector shall carry with him an identification card certifying his status and show it to the persons concerned.

3.  The power of spot inspection under the provisions of paragraph 1 shall not be interpreted as authorization for the purpose of searching for crimes.

Article 40.  In regard to the crime of violation of this Law, the Labour Standards Inspector is authorized to exercise the right of a judicial police officer stipulated in the Criminal Procedure Law (Law No. 131 of 1948).

(Authority of the Minister of Health, Labour and Welfare)

Article 41. The Minister of Health, Labour and Welfare or the Director General of the Prefectural Labour Bureau is authorized, where deemed necessary to ensure the proper operation of the services of the working environment measurement agency, designated testing institution, designated training institution or designated registration institution, to have their officials enter the office, question the people concerned and inspect records, documents and other articles related to the service, or carry away with no payment the specimens or other articles related to the activities of the working environment measurement agency within the limits of the necessity arising from the inspection.

2. The provisions of paragraphs 2 and 3 of Article 39 shall apply mutatis mutandis in respect to spot inspection under the provisions of the preceding paragraph.

(As of April 1, 2000, this Article shall be amended as follows by Law No. 87 of 1999.)

(Report, etc.)

Article 42. The Minister of Health, Labour and Welfare, the Director General of the Prefectural Labour Bureau, the Chief of the Labour Standards Inspection Office or the Labour Standards Inspector may, where they deem it necessary for the enforcement of this Law, order the employer to report essential matters or appear in person as prescribed by Ministry of Health, Labour and Welfare Ordinance.

2. The Minister of Health, Labour and Welfare, the Director General of the Prefectural Labour Bureau, or the Chief of the Labour Standards Inspection Office may, where they deem it necessary for the enforcement of this Law, order the working environment measurement agency, designated testing institution, designated training institution, designated registration institution or working environment measurement expert to report essential matters as prescribed by Ministry of Health, Labour and Welfare Ordinance.

(Filing of Documents, etc.)

Article 43.  The working environment measurement agency, designated testing institution, designated training institution or designated registration institution shall, as prescribed by Ministry of Health, Labour and Welfare Ordinance, prepare and keep records in which are entered the matters pertaining to working environment measurement, the examination, training course or the training provided for in paragraph 1 of the next Article or registration in Article 7 as prescribed by Ministry of Health, Labour and Welfare Ordinance.

(Instructions for Training)

Article 44.  The Director General of the Prefectural Labour Bureau may, where deemed necessary to ensure the satisfactory implementation of working environment measurement, instruct a working environment measurement expert to receive training provided by the Director General of the Prefectural Labour Bureau or by a person designated by the Minister of Health, Labour and Welfare or the Director General of the Prefectural Labour Bureau (hereinafter referred to as "training" below) for a fixed period.

2.  If the working environment measurement expert is employed by an employer or the working environment measurement agency, the instructions mentioned in the preceding paragraph shall be issued to such employer or agency.

3.  The employer or the working environment measurement agency to whom the instructions mentioned in the preceding paragraph shall arrange for the working environment measurement expert concerned to receive the training for the period specified in the instructions.

4.  The working environment measurement expert instructed to receive the training in accordance with the provisions of paragraph 1 or 2 shall undergo the training for the period specified in the instructions.

5.  The subjects of training or other matters relating to the training which are not stipulated in the foregoing paragraphs shall be provided for by Ministry of Health, Labour and Welfare ordinances.

(Request to Examination for Action, etc. executed by Designated Testing Institution)

Article 45.  With respect to an action concerning the test business executed by the designated testing institution or the registration business executed by the designated registration institution, or to the forbearance of such an action, an examination under the Law for the Examination of Objections against Administrative Acts (Law No. 160 of 1962) may be requested to the Minister of Health, Labour and Welfare. 

(Hearing)

Article 46.  (Deleted)

(Assistance by the State)

Article 47.  The Government shall, for the purpose of elevating the quality of working environment measurement experts and optimizing the activities of working environment measurement agencies and designated training institutions, provide materials and data, develop measuring methods, disseminate results, and offer other assistance.

(Conditions for Registration, etc.)

Article 48.  Conditions may be attached to the registration, designation or approval under the provisions of this Law and they may be altered.

2.  The conditions under the preceding paragraph shall be limited to the minimum necessary for the sure implementation of the matters related to the said registration, designation or approval and shall not be such as to impose unjustifiable obligations on the person who obtains the said registration, designation or approval.

(Fees)

Article 49. The following persons shall, as prescribed by Cabinet Order, pay the fees stipulated by Cabinet Order in consideration of the actual expense to the State (to the designated testing institution in the case of one who intends to take the examination conducted by the said agency or requesting the reissue of the certificate for the examination, to the designated registration institution in the case of one who intends to receive the registration conducted by the said agency or requesting the reissue or renewal of the certificate for the registration of a working environment measurement expert).

(1)  A person who intends to take the examination.

(2)  A person who intends to obtain designation stipulated in Article 5 or paragraph 1 of Article 44.

(3)  A person who intends to take a training course or training (conducted only by the Director General of the Prefectural Labour Bureau).

(4)  A person who intends to receive the registration under Article 7 or Article 33.

(5)  A person who intends to obtain the reissue or renewal of the certificate of the registration of working environment measurement expert or working environment measurement agency.

(6)  A person who intends to obtain the reissue of an examination certificate or a certificate for completion of a training course (limited to training courses offered by the Director General of the Prefectural Labour Bureau).

2.  The fees paid to the designated testing institution or the designated registration institution under the provisions of the preceding paragraph shall be the revenue of those agencies.

(Transitional Measures)

Article 50.  Where an order or ordinance is enacted, amended or abrogated under the provisions of this Law, necessary transitional measures (including the transitional measure concerning penal provisions) may be laid down by the said order or ordinance within the scope deemed reasonably necessary in connection with the enactment, amendment or abrogation.

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

Article 51.  All the necessary matters relating to the enforcement of this Law which are not stipulated herein shall be provided for by Ministry of Health, Labour and Welfare Ordinance.