Enforcement Ordinance of the Working Environment Measurement Law

(Workshops to be Designated by Ministry of Health, Labour and Welfare Ordinance under item 2 of Article 1 of the Cabinet Order)

Article 1.     Workshops to be designated by the Ministry of Health, Labour and Welfare Ordinance under item 2 of Article 1 of the Enforcement Order of the Working Environment Measurement Law (hereinafter referred to as "the Cabinet Order") shall be workshops as provided for in item 2 of Article 53 of the Ordinance on Prevention of Ionizing Radiation Hazards (Ministry of Labour Ordinance No. 41 of 1972).

(Instruments to be Designated by Ministry of Health, Labour and Welfare Ordinance under Item 6 of Article 2 of the Law)

Article 2.     Instruments to be designated by the Ministry of Health, Labour and Welfare Ordinance under item 6 of Article 2 of the Working Environment Measurement Law (hereinafter referred to as "the Law") shall be those other than the instruments listed in the following items (hereinafter referred to as "simple measuring instruments"):

(1) Instruments which measure the concentration of gases or vapours by the detection tube method.

(2) Instruments which measure the weight of airborne particles, which are calibrated by comparing to the standard of instruments which measure airborne particles of approximately 10 micrometer or smaller in relative sedimentation diameter by the gravimetric method using a glass fiber filter (restricted only to that which has the capacity to collect 99.9 percent or more of 0.3 micrometer stearic acid particles).

(3)  Other instruments to be designated by the Minister of Health, Labour and Welfare.

(Conducting of Working Environment Measurement)

Article 3.     The employer shall, when he conducts under the provisions of paragraph 1 of Article 65 of the Industrial Safety and Health Law (Law No. 57 of 1972) the working environment measurement as provided for in item 2 of Article 2 of the Law (hereinafter referred to as "working environment measurement") with regard to a designated workshop as provided for in item 3 of the same Article (hereinafter referred to as "designated workshop"), comply with the following provisions:

(1)  The employer shall request the class-1 working environment measurement expert, as provided for in item 5 of Article 2 of the Law and registered with regard to the type of workshop listed in the Attached Table to which the said designated workshop belongs (hereinafter referred to as "class-1 working environment measurement expert") conduct analysis (including analytical research; the same shall apply hereinafter) using instruments other than simple measuring instruments.

(2)  The employer shall request the working environment measurement expert, as provided for in item 4 of Article 2 of the Law (hereinafter referred to as "working environment measurement expert"), to conduct working environment measurements other than the analysis provided for in the preceding item.

2.       The employer shall, when he is not able to conduct working environment measurement as provided for in item 1 of Article 3 of the Law, entrust the said working environment measurement in compliance with the following provisions.

(1)  The employer shall entrust analysis using instruments other than simple measuring instruments to a working environment measurement agency under the provisions of item 7 of Article 2 of the Law and registered with regard to the type of workshop listed in the Attached Table to which the said designated workshop belongs (hereinafter referred to as "working environment measurement agency") or to an agency designated by the Minister of Health, Labour and Welfare under the proviso of paragraph 2 of Article 3 of the Law and designated with regard to the type of workshop listed in the Attached Table to which the said designated workshop belongs (hereinafter referred to as "designated measurement agency").

(2)  The employer shall entrust working environment measurement other than the analysis as provided for in the preceding item to a working environment measurement agency or a designated measurement agency.

(Designated under the Provisions of Proviso of Paragraph 2 of Article 3 of the Law)

Article 4.    A person who intends to obtain the designation under the provisions of proviso of paragraph 2 of Article 3 of the Law (hereinafter in this Article referred to as "designation") shall submit an application stating the type of workshop listed in the Attached Table in which he intends to conduct working environment measurement accompanied with business rules and other documents evidencing that he can conduct working environment measurement of workshops at the request of other people to the Minister of Health, Labour and Welfare through the Director General of the Prefectural Labour Bureau who has jurisdiction over the address of the said person.

2.       The Minister of Health, Labour and Welfare shall, when he deems that the person who intends to be designated has the necessary capacity to conduct working environment measurements, so designate him by providing for the type of workshop listed in the Attached Table in which the said person may conduct working environment measurements.