13. Penalty Provisions
Persons who violate the provisions
of the
Industrial Safety and Health Law shall
be
subject to the following penalties:
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(1)Penal servitude of not exceeding three
years or fines of not exceeding 3,000,000
yen.
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In the event chemical substances that are
likely to cause serious health impairment
are manufactured, imported, used or
provided.
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(2)Penal servitude of not exceeding one year
or fines not exceeding 1,000,000 yen.
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(a) |
.In the event a permission for the manufacture
of specificed machines, etc. is not
issued
or a product is not approved
by individual
or model examinations.
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(b) |
In the event chemical substances are manufactured
without manufacturing permission
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(c) |
In the event officers or managers of designated
test agencies or industrial safety
or health
consultants disclose secret information
that
they have obtained in the course of
performing
their duties.
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(d) |
In the event authorized inspection agencies
conduct their operations while they
are subject
to a suspension of their operations.
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(3)Penal servitude of not exceeding six months
or fines not exceeding 500,000 yen
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(a) |
In the event employers failed to carry out
specified measures in relation to the
prevention
of dangers and health impairment.
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(b) |
In the event specified machines, etc. are
not submitted for inspection at manufacturing;
or machines, etc. are used without
proper
qualification by individual or model
examinations.
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(c) |
In the event chemical substances subject
to manufacturing permission are not
manufactured
under permitted conditions.
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(d) |
In the event special education is not carried
out.
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(e) |
In the event working environment measurements
are not carried out.
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(f) |
In the event patients with infectious diseases
are assigned to work.
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(g) |
In the event workers are subject to disadvantageous
treatment by employers because they notify
the chief of a Labour Standards Inspection
Office, etc., about any violations of law.
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(h) |
In the event of failing to carry out an order
to recall machines that have been sold despite
their non-compliance with structural standards
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(4)Fines not exceeding 500,000 yen
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(a) |
In the event safety or health supervisors
are not appointed.
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(b) |
In the event machines, etc., not qualified
by individual or model examinations
are labeled
with false indications.
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(c) |
In the event safety and health education
for workers at their employment is
not provided.
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(d) |
In the event periodical medical examinations
or special medical examinations are
not provided.
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(e) |
In the event labour standards inspectors
or expert officers on industrial safety and
health are denied entry into workplaces,
refused answers to their questions, or false
statements are made.
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(f) |
In the event the requests for reports by
the chiefs of Laour Standards Inspection
Offices, etc., are not answered; or any person
failed to appear when required.
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(g) |
In the event records of matters that are
subject to maintenance and safekeeping
obligations
are not maintained or preserved.
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(5)Penalty provisions to be applied to both
persons and juridical entities
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In the event that the provisions (1), (2),
(4) and (5) above are violated, the
persons
responsible as well as juridical persons
(persons in case of private enterprises)
are subject to penalties.
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(The Safety and Health Management System
in the Construction Industry will be discussed
in the next session) |