Enforcement Ordinance of the Working Environment Measurement Law

(Registration Items)

Article 52.     Matters to be provided for by the Ministry of Health, Labour and Welfare Ordinance under item 3 of Article 33 of the Law shall be the type of workshop listed in the Attached Table in which a person who intends to act as a working environment measurement agency may conduct working environment measurements.

(Application for Registration)

Article 53.   A person who intends to obtain registration under Article 33 of the Law shall submit a Working Environment Measurement Agency Registration Application (Form No. 16) accompanied by documents evidencing the matters listed in item 2 of the same Article and the matters provided for in the preceding Article to the Director General of the Prefectural Labour Bureau who has jurisdiction over the site of his office (in case his offices extend over territorial jurisdictions of two or more Prefectural Labour Bureaus, to the Minister of Health, Labour and Welfare).

(Criteria for Registration)

Article 54.     The criteria to be provided for by the Ministry of Health, Labour and Welfare Ordinance under paragraph 3 of Article 46 of the Industrial Safety and Health Law which shall apply mutatis mutandis in paragraph 1 of Article 34 of the Law shall be as follows:

(1)  A class-1 environment measurement expert shall be deployed who has obtained the registration under Article 7 of the Law concerning the type of workshop listed in the Attached Table as provided for in Article 52.

(2) Instruments and equipment to be used for working environment measurement shall be in conformity with the criteria to be provided for by the Minister of Health, Labour and Welfare.

(3)  Possession of office necessary for the conducting of the business of working environment measurement.

(Certificate of Registration)

Article 55.   A certificate of registration of the working environment measurement agency under Article 10 of the Law which shall apply mutatis mutandis in paragraph 2 of Article 34 of the Law shall follow Form No. 17 (hereinafter in this Chapter referred to as "certificate of registration").

(Renewal of Certificate of Registration)

Article 56.     The working environment measurement agency shall, when alteration takes place concerning the matters mentioned in item 2 of Article 33 of the Law (except the case when the alternation takes place in accordance with the succession of position under the provisions of paragraph 1 of Article 54-5 of the Industrial Safety and Health Law which shall apply mutatis mutandis in paragraph 1 of Article 34 of of the Law), without delay, submit a Renewal Application for a Certificate of Registration for a Working Environment Measurement Agency (Form No. 18) accompanied with the certificate and a document evidencing the reason for renewal to the Director General of the Prefectural Labour Bureau who has jurisdiction over the site of the office of the said work environment measurement agency (in case its offices extend over the jurisdictions of two or more Prefectural Labour Bureaus, to the Minister of Health, Labour and Welfare; hereinafter in this Chapter referred to as "Director General of the competent Prefectural Labour Bureau, etc.") and obtain renewal of certificate of registration.

2.       The working environment measurement agency shall, when it intends to alter the matters provided for in Article 52 (except the case when it intends to alter in accordance with the succession of position under the provisions of paragraph 1 of Article 54-5 of the Industrial Safety and Health Law which shall apply mutatis mutandis in paragraph 1 of Article 34 of the Law), submit a renewal application for a certificate of registration for a working environment measurement agency accompanied with the certificate of registration and a document evidencing the reason for renewal to the Director General of the competent Prefectural Labour Bureau, etc., and obtain renewal of the certificate of registration.

(Notification of Succssion of Position and Renewal of Certificate of Registration)

Article 56-2.     A person who applies for notification under the paragraph 2 of Article 54-5 of the Industrial Safety and Health Law which shall apply mutatis mutandis in paragraph 1 of Article 34 of the Law submits a notification of succession of position for working environment measurement agency and a renewal application for a certificate of registration (Form No. 3-2) together with a document evidencing the reason of succession to the Director General of the competent Prefectural Labour Bureau.

2.       A person who has succeeded to the position of working environment measurement agency shall, when the items described in the registration certificate are chaged in accordance with the said succession, submit a notification of succession of position for working environment measurement agency and a renewal application for a certificate of registration together with a registration certificate to the Director General of the competent Prefectural Labour Bureau and obtain the renewal of the certificate of registration.

(Reissue of Certificate of Registration)

Article 57.     The working environment measurement agency may, if the certificate of registration is damaged, destroyed or lost, submit a Reissue Application for Certificate of Registration of a Working Environment Measurement Agency (Form No. 18) accompanied with the said damaged certificate of registration (in a case where the certificate of registration was destroyed or lost, documents stating the said fact) to the Director General of the competent Prefectural Labour Bureau, etc., and obtain the reissue of certificate of registration.

2.       The agency which has applied for the reissue of a certificate of registration under the provisions of the preceding paragraph shall, if it finds the lost certificate of registration, return it immediately to the Director General of the competent Prefectural Labour Bureau, etc.

(Application for the Approval of Business Rules)

Article 58.   A working environment measurement agency shall, when it intends to obtain approval under the first part of paragraph 1 of Article 34-2 of the Law, submit a Working Environment Measurement Agency Business Rules Approval Application (Form No. 20) accompanied with the business rules concerning the said application to the Director General of the competent Prefectural Labour Bureau, etc.

(Contents of Business Rules)

Article 59.     Matters to be provided for by the business rules under paragraph 3 of Article 34-2 of the Law shall be as follows:

(1)  Type of workshop listed in the Attached Table in which the agency may conduct working environment measurements.

(2)  Matters concerning the amount of fees and their method of receipt.

(3)  Matters concerning the issuance of certificate of the result of measurement.

(4)  Matters concerning the preservation of records and documents related to the business of working environment measurement.

(5)  Other necessary matters concerning the business of working environment measurement.

(Application for the Change of Business Rules)

Article 60.   A working environment measurement agency shall, when it intends to submit an application under the provisions of the second half of paragraph 1 of Article 34-2 of the Law, submit a Working Environment Measurement Agency Business Rules Change Application (Form No. 21) to the Director General of the competent Prefectural Labour Bureau, etc.

(Conducting of Working Environment Measurement)

Article 61.     The working environment measurement agency shall, when it conducts working environment measurements entrusted to it by the employer under the provisions of paragraph 2 of Article 3, comply with the following provisions:

(1)  It shall have a class-1 working environment measurement expert, who has obtained registration concerning the type of workshop listed in the Attached Table to which the designated workshop of the said employer belongs, conduct analysis in which instruments other than simple measuring instruments are used.

(2)  It shall have a working environment measurement expert conduct the working environment measurements other than the analysis as provided for in the preceding item.

(Preparation and Preservation of Documents)

Article 62.     The working environment measurement agency shall, when it conducts working environment measurements, prepare documents, stating the appellation and site of the workshop in which the said working environment measurements were conducted, date of measurement, full name of the working environment measurement expert who conducted the said working environment measurements, measuring methods and result of measurements, and preserve these documents for three years.

2.       The working environment measurement agency shall, in the case where it conducted analysis by using instruments and prepared charts and other materials in consequence of the said analysis, preserve the said materials accompanied with the document under the preceding paragraph.

(Application for the Permission for the Suspension and Discontinuance of Business) 

Article 63.     The working environment measurement agency shall, when it intends to obtain permission under the provision of first part of Article 35-2 of the Law, submit an application stating the following matters to the Director General of the competent Prefectural Labour Bureau, etc.:

(1)  Scope of business of working environment measurement it intends to suspend or discontinue.

(2)  Date on which it intends to suspend or discontinue the whole or part of the business of working environment measurement and, in the case where it intends to suspend the whole or part of the business of working environment measurement, the duration.

(3)  Reason for the intention to suspend or discontinue the whole or part of the business of working environment measurement.

(Notification for Resumption of Service)

Article 63-2.     Any working environment measurement agency wishing to submit the notification conforming to the provision of the second half of Article 35-2 of the Law shall submit the notification wherein the following matters are set forth to the Director General of the competent Prefectural Labour Bureau:

(1)  Scope of resumed working environment measurement service.

(2)  Date on which the whole or part of the working environment measurement service was resumed.

(3) Reasons why the whole or part of the working environment measurement service was resumed.

(Cancellation of Registration, etc.)

Article 64.     Cancellation of registration under paragraphs 1 or 2 of Article 53 of the Industrial Safety and Health Law which shall apply mutatis mutandis in paragraph 1 of Article 34 of the Law or the suspension order of the whole or part of the business of working environment measurement under the provisions of the same paragraph shall be made in writing, giving the reasons.

(Return of Certificate of Registration)

Article 65.     The working environment measurement agency shall, when its registration is cancelled or when it discontinues the whole of the business as a working environment measurement agency, return immediately the certificate of registration to the Director General of the competent Prefectural Labour Bureau, etc.