Industrial Safety and Health Law
Law No. 57 of June 8, 1972
Latest Amendments:
Law No. 25 of May 31, 2006
In Japanese
Chapter III. Organization for Safety and Health Management
Article 10. (General Safety and Health Manager)
- (1) The employer shall, as provided for by the Ordinance of the Ministry of Health, Labor and Welfare, appoint a general safety and health manager for each workplace of the scale defined by Cabinet Order and have the said person direct the work of safety officers, health officers, or persons in charge of management of technical matters pursuant to the provisions of paragraph (2) of Article 25-2, and at the same time exercise overall management of the following matters:
- (i) Matters pertaining to measures for the prevention of the dangers or health impairment of workers
- (ii) Matters pertaining to the provision of education on the safety and health of workers
- (iii) Medical examination and others for maintaining and promoting workers' health
- (iv) Matters pertaining to the investigation of the causes of industrial accidents and the measures for preventing the recurrence of such accidents
- (v) In addition to the matters listed in the preceding each item, services necessary for preventing industrial accidents provided for by the Ordinance of the Ministry of Health, Labor and Welfare.
- (2) The position of the general safety and health manager shall be filled with the person who exercises overall management over the execution of the undertaking at the said workplace.
- (3) The Director of the Prefectural Labor Bureau may, when he/she finds it necessary in order to prevent industrial accidents, make recommendations to the employer on the performance of the general safety and health manager.
Article 11. (Safety Officer)
- (1) The employer shall, as provided for by the Ordinance of the Ministry of Health, Labor and Welfare, appoint a Safety Officer from among those in possession of the qualification provided for by the Ordinance of the Ministry of Health, Labor and Welfare at each workplace of the scale and in the industries defined by Cabinet Order, and have the said safety officer take charge of the technical matters related to safety among the matters listed in each item of paragraph (1) of the preceding Article. (In a case in which persons in charge of management of technical matters pursuant to the provisions of paragraph (2) of Article 25-2 are appointed, the matters listed in each item of paragraph (1) of the same Article shall not be applied.)
- (2) The Chief of the Labor Standards Office may, when he/she finds it necessary in order to prevent industrial accidents, order the employer to increase the number of safety officers or dismiss the current safety officer.
Article 12. (Health Officer)
- (1) The employer shall, as provided for by the Ordinance of the Ministry of Health, Labor and Welfare, appoint a Health Officer in accordance with the classification of the work at the said workplace concerned from among those who have obtained a license from the Director of the Prefectural Labor Bureau or those in possession of the qualification provided for by the Ordinance of the Ministry of Health, Labor and Welfare, at each workplace of the scale defined by Cabinet Order, and have the said health officer take charge of the technical matters related to health among the matters listed in each item of paragraph (1) of Article 10. (In a case in which persons in charge of the management of technical matters pursuant to the provisions of paragraph (2) of Article 25-2 are appointed, the matters listed in each item of paragraph (1) of the same Article shall be not be applied.)
- (2) The provisions of paragraph (2) of the preceding Article shall apply mutatis mutandis to a Health Officer.
Article 12-2. (Safety and Health Promoter, etc.)
- For workplaces other than those provided for by paragraph (1) of Article 11 and paragraph (1) of the preceding article, the employer shall appoint a Safety and Health Promoter (or a health promoter for workplaces other than those provided for by the Cabinet Order cited in paragraph (1) of Article 11) at the scale provided for by the Ordinance of the Ministry of Health, Labor and Welfare as provided for by the Ordinance of the Ministry of Health, Labor and Welfare, and shall the safety and health promoter perform the functions set forth in the items of paragraph (1) of Article 10. (In case having appointed the person who manages the technical matters pursuant to the provisions of paragraph (2) of Article 25-2, excluding measures corresponding to those prescribed in each item of paragraph (1) of the same Article, and in case of type of workplaces other than those provided for by paragraph (1) of Article 11 of the Cabinet Order, restricted to the health service).
Article 13. (Industrial Physician, etc.)
- (1) The employer shall, at each workplace of the scale defined by Cabinet Order and as provided for by the Ordinance of the Ministry of Health, Labor and Welfare, appoint an industrial physician from among medical doctors, and have the said person provide health care for workers and carry out other matters provided for by the Ordinance of the Ministry of Health, Labor and Welfare (hereinafter referred to as “health care, etc., for workers&rquo;).
- (2) The industrial physician shall be a person who meets the requirements provided for by the Ordinance of the Ministry of Health, Labor and Welfare concerning the knowledge of medicine required to carry out health care, etc., for workers.
- (3) The industrial physician may make the necessary recommendations for workers regarding health care, etc., to the employer where it is deemed necessary to maintain the health of the workers.
- (4) Where the employer receives recommendations provided for in the preceding paragraph, he shall respect them.
Article 13-2.
- The employer shall endeavor to have a physician with the knowledge of medicine required to carry out health care, etc., for workers or a person provided for by the Ordinance of the Ministry of Health, Labor and Welfare to carry out all or a part of the health care, etc., for workers at workplaces not covered by paragraph (1) of the preceding article.
Article 14. (Operations Chief)
- For operations designated by Cabinet Order as those which require prevention control of industrial accidents, such as operations within high pressure rooms, the employer shall, as provided for by the Ordinance of the Ministry of Health, Labor and Welfare, appoint an Operations Chief in accordance with the classification of work, from among those licensed by the Director of the Prefectural Labor Bureau, or those who have finished the skill training course conducted by one registered by the Director of the Prefectural Labor Bureau, and have the said person direct the employees engaged in the said work and handle other matters provided for by the Ordinance of the Ministry of Health, Labor and Welfare.
Article 15. (Overall Safety and Health Controller)
- (1) Among the employers with a contractor who carries out a part of the work in an undertaking executed at one place (where as there exists two or more contracts under which a part of the work in the undertaking is begun, there exist two or more such employers, employer who ordered the earliest contract; hereinafter referred to as the “Principal Employer”), one (hereinafter referred to as “Specified Principal Employer”) who carries on an undertaking (hereinafter referred to as “Specified Undertaking”) related to construction or other industries prescribed by Cabinet Order, shall, where workers employed by him/her and by his/her contractors (where the work in the said undertaking of the principal employer is carried out under subcontracts of several levels, subcontractors who are party to subsequent subcontractors shall be included; hereinafter referred to as “related contractors”) perform work at the said place, appoint an overall safety and health controller in order to prevent industrial accidents which may occur as a result of the work carried out by these workers at the same place, and have him/her direct the work of Principal Safety and Health Supervisors, and at the same time exercise overall control over the matters provided for in each item of paragraph (1) of Article 30; provided that this shall not apply where the number of such workers does not reach the figure provided for by Cabinet Order.
- (2) The position of the overall safety and health controller shall be filled by a person who exercises overall control over the execution of the undertaking at the said place.
- (3) In the case provided for by paragraph (4) of Article 30, where the total number of workers stated in the said paragraph is equal to or above the figure prescribed by Cabinet Order, the designated employer shall appoint an overall safety and health controller in order to prevent industrial accidents which may occur as a result of the work carried out by these workers at the same place, and have the said person direct the work of principal safety and health supervisors. At the same time this person shall exercise overall control over the matters provided for in each item of paragraph (1) of Article 30; in this case, the provisions of paragraph (1) shall not apply to the specified employer and employers other than the specified employer.
- (4) In additon to the provisions of paragraph (1) and the preceding paragraph, in the case that the work prescribed by paragraph (1) of Article 25-2 is carried out under subcontracts of several levels, the employer who has appointed an overall safety and health controller pursuant to paragraph (1) or the preceding paragraph shall have the overall safety and health controller direct the work of persons in charge of management of technical matters pursuant to the provisions of paragraph (2) of Article 25-2 as they apply mutatis mutandis to paragraph (5) of Article 30-3, and at the same time exercise overall control over the measures provided for in each item of paragraph (1) of Article 30.
- (5) The provisions of paragraph (3) of Article 10 shall apply mutatis mutandis to the execution of the business which falls under the overall safety and health controller. In this case, “the employer” in the said paragraph shall be read as ”the employer who has appointed the overall safety and health controller.”
Article 15-2. (Principal Safety and Health Supervisor)
- (1) Among the employers who have appointed overall safety and health controllers under the provisions of paragraph (1) or (3) of Article 15, the one who executes an undertaking belonging to construction or other industries prescribed by Cabinet Order shall, as provided for by the Ordinance of the Ministry of Health, Labor and Welfare, appoint a principal safety and health supervisor, from among those in possession of the qualification provided for by the Ordinance of the Ministry of Health, Labor and Welfare, and have the said person take charge of technical matters out of the matters listed in each item of paragraph (1) of Article 30.
- (2) The provision of paragraph (2) of Article 11 shall apply mutatis mutandis to the principal safety and health supervisor. In this case, “the employer” in the said paragraph shall be read as “the employer who has appointed the principal safety and health supervisor.”
Article 15-3. (Site Safety and Health Supervisor)
- (1) Where the workers of a principal employer of a construction industry and the workers of a related contractor carry out work at one work site (excluding work sites where the number of such workers is less than that as provided for by the Ordinance of the Ministry of Health, Labor and Welfare and work sites where an overall safety and health controller must be appointed under the provisions of paragraphs（1）and（3）of Article 15), the principal employer shall appoint a site safety and health supervisor from among persons holding the qualifications provided for by the Ordinance of the Ministry of Health, Labor and Welfare for each site contracted for work in order to prevent industrial accidents as a result of the work carried out by workers at the same site, and have that person supervise the one in charge of the provisions of each item of paragraph (1) of Article 30 and other matters provided for by the Ordinance of the Ministry of Health, Labor and Welfare at the said work site where the contracted work is executed.
- (2) In the case provided for by paragraph (4) of Article 30, where the number of workers exceeds the number provided for by the Ordinance of the Ministry of Health, Labor and Welfare for the said paragraph (excluding work sites where an overall safety and health controller must be appointed under the provisions of paragraphs (1) and (3) of Article 15), the specified employer who carries out a construction industry project shall appoint a site safety and health supervisor from among persons holding the qualifications provided for by the Ordinance of the Ministry of Health, Labor and Welfare for each site contracted for work in order to prevent industrial accidents as a result of the work carried out by workers at the same site, and have that person supervise the one in charge of the provisions of the items of paragraph (1) of Article 30 and other matters provided for by the Ordinance of the Ministry of Health, Labor and Welfare at the said work site where the contracted work is executed. In this case, the provisions of the preceding paragraph shall not apply to the specified employer or any other employer.
Article 16. (Safety and Health Controller)
- (1) In the case of paragraph (1) or (3) of Article 15, a contractor who performs the said work himself/herself, other than the employer required to appoint the overall safety and health controller under these provisions shall appoint a safety and health controller and have the said person perform the liaison with the overall safety and health controller and other matters provided for by the Ordinance of the Ministry of Health, Labor and Welfare.
- (2) A contractor who has appointed a safety and health controller under the provisions of the preceding paragraph shall notify the employer (referred to in the same paragraph) of the fact without delay.
Article 17. (Safety Committee)
- (1) The employer shall establish a safety committee at each workplace of the scale and in the industries defined by Cabinet Order, in order to have it investigate and deliberate on the following matters and submit its opinion to the employer:
- (i) Matters pertaining to the basic measures for preventing dangers to workers
- (ii) Matters pertaining to safety among the causes of industrial accidents and countermeasures to prevent its recurrence
- (iii) In addition to the matters listed in preceding two items, important matters pertaining to prevention of workers from dangers.
- (2) The safety committee shall be composed of the members stated below, and the number of members under item (i) (hereinafter referred to as “item (i) member”) shall be only one:
- (i) The general safety and health manager, or other person designated by the employer from among those who will exercise overall control over the execution of the undertaking at the said workplace, or those similar to the above.
- (ii) One whom the employer designated from among safety officers.
- (iii) One whom the employer designated from among the workers at the said workplace who possesses experience in safety
- (3) The member of item (i) shall chair the safety committee.
- (4) As regards the members other than the item (i) member, the employer shall designate those recommended by the trade union where there exists a trade union organized by a majority of workers at the said workplace or by those representing a majority of workers where there exists no trade union organized by a majority of workers.
- (5) Where a collective agreement concluded with the trade union organized by a majority of the workers at the said workplace provides for otherwise, the provisions of the preceding two paragraphs shall not apply to that extent.
Article 18. (Health Committee)
- (1) The employer shall establish a health committee at each workplace of the scale defined by Cabinet Order, in order to have it investigate and deliberate on the following matters and state its opinion to the employer:
- (i) Matters pertaining to the basic measures for preventing worker’ health impairment
- (ii) Matters pertaining to the basic measures for maintaining and improving the health of workers
- (iii) Matters pertaining to health among the causes of industrial accidents and countermeasures to prevent its recurrence
- (iv) In addition to the matters listed in preceding three items, important matters pertaining to prevention of workers’ health impairment, and maintaining and improving the workers' health.
- (2) The health committee shall be composed of the members stated below, and the number of members under item (i) shall be only one:
- (i) The general safety and health manager, or other person designated by the employer from among those who will exercise overall control over the execution of the undertaking at the said workplace, or those similar to the above.
- (ii) One whom the employer designated from among health officers
- (iii) One designated by the employer from among industrial physicians
- (iv) One whom the employer designated from among the workers at the said workplace who possesses experience in health.
- (3) The employer may designate as a member of the health committee a working environment measurement expert in charge of working environment measurement employed at the said workplace.
- (4) The provisions of paragraphs (3) to (5) of the preceding Article shall apply mutatis mutandis to the health committee; in this case, “item (i) member” in paragraphs (3) and (4) of the said Article shall be read as “a member who is a person mentioned in item (i) of paragraph (2) of Article 18.”
Article 19. (Safety and Health Committee)
- (1) The employer may, where he has to establish the safety committee and the health committee under the provisions of Article 17 and the preceding Article, set up a safety and health committee in lieu of the respective committees.
- (2) The safety and health committee shall be composed of the members stated below, and the number of the members under item (i) shall be only one.
- (i) The general safety and health manager, or other person designated by the employer from among those who will exercise overall control over the execution of the undertaking at the said workplace, or those similar to the above.
- (ii) One whom the employer designated from among safety officers and health officers
- (iii) One designated by the employer from among industrial physicians
- (iv) One whom the employer designated from among the workers at the said workplace who possesses experience in safety.
- (v) One whom the employer designated from among the workers at the said workplace who possesses experience in health.
- (3) The employer may designate as a member of the health committee a working environment measurement expert in charge of working environment measurement employed at the said workplace.
- (4) The provisions of paragraph (3) to (5) of Article 17 shall apply mutatis mutandis to the safety and health committee; in this case, “item (i) member” in paragraphs (3) and (4) of the said Article shall be read as “a member who is a person mentioned in item (i) of paragraph (2) of Article 19.”
Article 19-2. (Education etc. of Safety Officers, etc.)
- (1) The employer shall endeavor to provide education and training or the chance of receiving education and training to the safety officers, health officers, safety and health promoters, health promoters and others in charge of other functions for preventing industrial accidents in order to enhance their individual abilities to improve the safety and health control level at the workplace.
- (2) The Minister of Health, Labor and Welfare shall publish the guidelines for the appropriate and effective execution of the education and training set forth in the preceding paragraph.
- (3) The Minister of Health, Labor and Welfare may provide the necessary guidance to individual employers and organizations of employers under the guidlines in the preceding paragraph.
Article 19-3. (State Assistance)
- The State shall endeavor to provide consultation, information and other necessary support concerning health care, etc., for workers in order to contribute to maintaining the health of workers at the workplace as provided for in Article 13-2.
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