Working Environment Measurement Law

Chapter V.  Penal Provisions

Article 52.  A person who has violated the provisions of paragraph 1 of Article 27 (including the case where the same provisions applies in mutatis mutandis in paragraph 4 of Article 32-2) or Article 35 shall be punished with penal servitude not exceeding one year or with a fine not exceeding 1,000,000 yen.

Article 53.  Where there was a violation of the order to suspend the service or business under the provision of paragraph 2 of Article 53 of the Industrial Safety and Health Law which applies mutatis mutandis in paragraph 1 of Article 30 (including the cases where paragraph 4 of Article 32-2 is to be applied), paragraph 2 of Article 32 or paragraph 1 of Article 34, or of paragraph 2 of Article 12 which applies mutatis mutandis in paragraph 2 of Article 34, the officer or the personnel of the designated testing institution, the designated registration institution or the designated training institution, or the officer or the personnel of the working environment measurement agency (including the working environment measurement expert who is a working environment measurement agency), who perpetrated the violation shall be punished with penal servitude not exceeding one year or with a fine not exceeding 1000,000 yen.

Article 54.  A person who comes under any of the following items shall be punished with a fine not exceeding 500,000 yen:

(1)  A person who has violated the provisions of Articles 3, 18 or 37 or paragraph 3 of Article 44.

(2)  A person who has violated the order under the provisions of paragraph 2 of Article 12.

(3)  A person who has rejected, obstructed or evaded the spot investigation and inspection stipulated in paragraph 1 of Article 39, or failed to answer or given false answers to questions.

(4)  A person who has failed to report, as provided for in paragraph 1 of Article 42, or made mendacious report or failed to appear when required.

Article 55.  Where there was a violation of this Law coming under any of the following items, the officer or the personnel of the designated testing institution, the designated registration institution or the designated training institution, or the officer or the personnel of the working environment measurement agency (including the working environment measurement expert who is a working environment measurement agency), who perpetrated the violation, shall be punished with a fine not exceeding 500,000 yen:

(1)  Where the whole of the service of the test business was discontinued without obtaining the permission under paragraph 1 of Article 29.

(2)  Where the whole of the service of the registration business was discontinued without obtaining the permission under paragraph 1 of Article 29 which applies mutatis mutandis in paragraph 4 of Article 32-2.

(3)  Where one has failed to report as provided for Article 35-2, or made a mendacious report, of the entire discontinuance of the working environment measurement agency operations.

(4)  Where one has refused, impeded or evaded the entrance, inspection or removal under the provisions of paragraph 1 of Article 41 or has refused to reply or made mendacious replay to the question under the provisions of the said paragraph.

(5)  Where one has failed to report, as provided for in paragraph 2 of Article 42, or made mendacious report.

(6)  Where one has failed to prepare or keep books or documents which are provided for in Article 43, or made mendacious records on books or documents provided by the same Article.

Article 56.  Where a representative of a juridical person or a juridical person or a deputy hired or other employee of a juridical person or one has perpetrated in respect of the service of the said juridical person or the said person a violation stated in Article 54, the punishment of a fine stated in the same Article shall be imposed on the said juridical person or the said person in addition to the perpetrator.