Industrial Safety and Health Law
Law No. 57 of June 8, 1972
Latest Amendments:
Law No. 25 of May 31, 2006
In Japanese
Chapter IV. Measures for Preventing the Dangers or Health Impairment of Workers
Article 20. (Measures to Be Taken by Employers, etc.)
- The employer shall take necessary measures for preventing the following dangers:
- (i) Dangers due to machines, instruments and other equipment (hereinafter referred to as “machines, etc.”)
- (ii) Dangers due to substances of an explosive nature, substances of a combustible nature and substances of an inflammable nature
- (iii) Dangers due to electricity, heat and other energy
Article 21.
- (1) The employer shall take necessary measures for preventing any dangers arising from the following working methods: excavation, quarrying, cargo handling, lumbering, etc.
- (2) The employer shall take necessary measures for preventing dangers related to places from which workers could fall or where there are concerns about slides of sand or earth.
Article 22.
- The employer shall take necessary measures for preventing health impairment as follows:
- (i) Health impairment due to raw materials, gases, vapors, dusts, insufficient oxygen in air, pathogens, etc.
- (ii) Health impairment due to radiation, high temperatures, low temperatures, ultrasonic waves, noises, vibration, abnormal atmospheric pressure, etc.
- (iii) Health impairment due to operations such as gauge monitoring, precision work, etc.
- (iv) Health impairment due to exhaust fumes, waste fluid or solid wastes.
Article 23.
- The employer shall, respecting the buildings and other workshops where he employs workers, take necessary measures for the maintenance of passages, floor and stair areas, and also for ventilation, lighting, illumination, heating, and moisture prevention. In additon, the employer shall take necessary measures for rest, evacuation and sanitation, and also measures required for maintaining the health, morale and life of workers.
Article 24.
- The employer shall take necessary measures for preventing industrial accidents arising from the work actions or behavior of workers.
Article 25.
- The employer shall, where there exists an imminent danger of occurrence of an industrial accident, immediately stop the operation and take necessary measures to have the workers evacuate from the workshop.
Article 25-2.
- (1) The employer who carries out the work prescribed by Cabinet Order from among the works in the undertakings related to construction or other industries prescribed by Cabinet Order shall take the following measures in order to prevent the occurrence of industrial accidents where measures relating to the relief and protection of workers are taken against the occurrence of explosion, fire, etc.:
- (i) Installation and management of machines, etc., required in relation to the relief and protection of workers
- (ii) Training for necessary matters in relation to the relief and protection of workers
- (iii) In addition to the matters listed in preceding two items, execution of necessary matters in relation to the relief and protection of workers in preparation for explosion, fire, etc.
- (2) The employer prescribed in the preceding paragraph shall, as provided for by the Ordinance of the Ministry of Health, Labor and Welfare, appoint a person in charge of technical matters from among the measures in each item of the said paragraph, 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 the said technical matters.
Article 26.
- Workers shall, in response to the measures taken by the employer under the provisions from Article 20 to 25 and of paragraph 1 of the preceding Article, observe the necessary matters.
Article 27.
- (1) The measures to be taken by the employer pursuant to the provisions of Articles from 20 to 25 and of paragraph (1) of Article 25-2, and the measures to be observed by the workers under the provisions of the preceding Article shall be prescribed by the Ordinance of the Ministry of Health, Labor and Welfare.
- (2) Consideration shall be given, in preparing the Ordinance of the Ministry of Health, Labor and Welfare set forth in the preceding paragraph, lest it should run counter to the principle of acts and ordinances concerning the prevention of what is closely related to industrial accidents, out of disasters of the general public including environmental pollution (meaning environmental pollution defined in paragraph (3) of Article 2 of the Basic Act for Environmental Pollution Control - Act No. 91 of 1993).
Article 28. (Publication of Technical Guidelines, etc.)
- (1) The Minister of Health, Labor and Welfare shall make public the technical guidelines for each industry and operation necessary to ensure the appropriate and effective implementation of measures which the employer is required to take pursuant to the provisions of Article from 20 to 25 and of paragraph (1) of Article 25-2.
- (2) The Minister of Health, Labor and Welfare shall give special consideration to middle-aged and aged workers in preparing the technical guidelines specified in the preceding paragraph.
- (3) The Minister of Health, Labor and Welfare shall make public guidelines for the employer who manufactures or treats the following chemical substances decided by the Minister of Health, Labor and Welfare in order to prevent the impairment of workers' health caused by the said chemical substances:
- (i) chemical substances related to the recommendation under the provisions of paragraph (4) of Article 57-3 or the instruction under the provisions of paragraph (1) of Article 57-4; and
- (ii) chemical substances other than those listed in the preceding item, which are likely to bring about cancer or other serious health impairment to workers.
- (4) The Minister of Health, Labor and Welfare may, when he/she finds it necessary when he has made public the technical guidelines or the guidelines for preventing the impairment of workers' health under the provisions of the paragraph (1) and the preceding paragraph, give necessary guidance, etc., on the said guidelines or technical guidelines to employers or their organizations.
Article 28-2. (Investigation, etc. to Be Carried Out by Employer)
- (1) The employer shall, as provided for by the Ordinance of the Ministry of Health, Labor and Welfare, endeavor to investigate the danger or harm, etc., due to buildings, facilities, raw materials, gases, vapors, dust, etc., and those arising from work actions and other duties, and to take necessary measures prevent dangers oar health impairment to workers, in additon to taking the measures provided for by the provisions pursuant to this Act or the orders based on the results of the said investigations.
- (2) The Minister for Health, Labor and Welfare shall make publish the necessary guidelines relating to the measures in the preceding paragraph to achieve appropriate and effective implementation thereof, in additon to those provided for in paragraphs (1) and (3) of the preceding Article.
- (3) The Minister of Health, Labor and Welfare may provide individual employers and organizations of employers with necessary guidance and assistance, etc., under the guidelines in the preceding paragraph.
Article 29. (Measures to Be Taken by Principal Employers)
- (1) The principal employer shall give necessary guidance lest the related contractors and the workers employed by the related contractors should contravene the provisions of this Act or Ordinances issued thereunder with respect to the said work.
- (2) The principal employer shall, where he recognizes that the related contractors or workers employed by them have contravened the provisions of this Act or ordinances issued thereunder with respect to the said work, give the instruction necessary for rectification.
- (3) The related contractors or workers employed by the related contractors who have received the said instruction under the preceding paragraph shall follow the said instruction.
Article 29-2.
- At work sites with danger of soil collapse, etc., overturning of machines, etc., or other work sites provided for by the Ordinance of the Ministry of Health, Labor and Welfare, when work is carried out by workers employed by the related contractors, the principal employer shall give technical guidance and take other necessary measures to ensure that the said related contractors carry out appropriate measures to prevent danger at the said work sites.
Article 30. (Measures to be Taken by Specified Principal Employers, etc.)
- (1) The specified principal employer shall, in order to prevent industrial accidents that may arise due to works being carried out at the same site by workers of principal empoyer and those of related contractors carrying out work at the same site, take necessary measures concerning the following matters:
- (i) Establishment and administration of a consultative organization
- (ii) Liaison and coodination between related works
- (iii) Inspecting tour in the work site
- (iv) Guidance and assistance for the education conducted by the related contractors for the worker’s safety and health
- (v) The specified principal employer who is in a type of industry whose work sites usually differ depending upon works, and carries out undertakings prescribed by the Ordinance of the Ministry of Health, Labor and Welfare shall prepare a plan relating to the work process and a plan relating to the arrangement of machines, equipment, etc., in the work site as well. Furthermore, this person shall provide guidance on measures to be taken based on this Act and the provisions of ordinances based thereon by contractors using the said machines, equipment, etc., in the execution of work.
- (vi) In addition to the matters listed in the preceding each item, necessary matters for preventing the said industrial accidents.
- (2) An original orderer for work in the specified undertaking (meaning one who places an order without receiving any orders for the said work from others, among orderers; hereinafter the same) who is other than the specified principal employer shall, where the workers employed by two or more contractors for the said work carry out operations at the said place and when he has given an order for the work in the specified undertaking to be carried out at the same place to two or more contractors, designate, as provided for by the Ordinance of the Ministry of Health, Labor and Welfare, one who is to take the measures provided for in the preceding paragraph from among the employers who are contractors and themselves carry out the said work. The same shall also apply to one who, being other than the specified principal employer, has contracted for the whole work in the specified undertaking to be carried out at the same place and has given an order for the said work to two or more contractors.
- (3) Where the designation under the provisions of the preceding paragraph is not made, the Chief of the Labor Standards Office shall designate.
- (4) Where the designation under the provisions either of paragraph (2) or of the preceding paragraph was made, the so-designated employer shall take the measures provided for in paragraph (1) in respect to all workers engaged in the execution of the work at the said place. In this case, the provisions of paragraph (1) shall not apply to the so-designated employer and other employers.
Article 30-2.
- (1) The principal employer of the undertaking (excluding the specified undertakings) in the manufacturing industry or other industries provided for by the Cabinet Order, shall take measures to provide for liaison and coordination between related works and other necessary measures, in order to prevent industrial accidents that may arise due to works being carried out at the same site by the workers of principal employer and those of related contractors.
- (2) The provision of paragraph (2) of the preceding Article shall apply mutatis mutandis to the original orderer of the work in the undertaking prescribed by the preceding paragraph.In this case, the term “the specified principal employer,” “two or more works in the specified undertaking,” “in the preceding paragraph,” and “the whole work in the specified undertaking,” each in paragraph (2) of the said Article, shall be deemed to be replaced with “the principal employer,” “two or more works,” “ paragraph (1) of the following Article,” and “the whole work,” respectively.
- (3) In the case that the designation is not made under the provision of paragraph (2) of the preceding Article, which applies mutatis mutandis in the preceding paragraph, the Chief of the Labor Standards Office shall make the said designation.
- (4) In the case that the designation is made by the provisions of paragraph (2) of the preceding Article, which applies mutatis mutandis to paragraph (2), or by those of the preceding paragraph, the designated employer shall take measures specified in paragraph (1) in respect to all workers engaged in the execution of the work at the said place. In this case, the provision of the same paragraph shall not apply to the designated employer and employers other than the said designated employer.
Article 30-3.
- (1) In the case that the work prescribed by paragraph (1) of Article 25-2 is carried out under subcontracts of several levels (excluding the case in paragraph (4) of this Article), the principal employer shall take measures listed in each item of paragraph (1) of the said Article in respect to all workers engaged in the execution of the work at the said place ; in this case, the provisions of the said paragraph shall not apply to the said principal employer and employers other than the said employer
- (2) The provision of paragraph (2) of the Article 30 shall apply mutatis mutandis to the orderer of the work prescribed by paragraph (1) of Article 25-2. In this case, the term “the specified principal employer,” “in the specified undertaking to be carried out at the same place to two or more contractors,” “the measures provided for in the preceding paragraph,” and “the whole work in the specified undertaking,” each in paragraph (2) of the Article 30, shall be deemed to be replaced with “the principal employer,” “in the undertaking to be carried out at the same place to two or more contractors,” “the measures provided for in each item of paragraph (1) of Article 25-2,” and “the whole work,” respectively.
- (3) In the case that the designation is not made by the provision of paragraph (2) of Article 30, which applies mutatis mutandis pursuant to the preceding paragraph, the Chief of the Labor Standards Office shall make the said designation.
- (4) In the case that the designation is made by the provisions of paragraph (2) of the Article 30, which applies mutatis mutandis to paragraph (2), or by those of the preceding paragraph, the designated employer shall take measures listed in each item of paragraph (1) of Article 25-2 for all workers engaged in the said work; in this case, the provisions of the said paragraph shall not apply to the designated employer and employers other than the said employer.
- (5) The provisions of paragraph (2) of Article 25-2 shall apply mutatis mutandis to the principal employer prescribed by paragraph (1) and to the designated employer in the preceding paragraph; in this case, the provisions of paragraph (2) of the said Article shall not apply to the said principal employer and the designated employer, and employers other than the said employers.
Article 31. (Measures to be taken by an orderer)
- (1) When the orderer, who carries out the work from specified undertakings by oneself, has workers, employed by the contractors of the said orderer (where the said work is carried out under subcontracts of several levels, the parties to all the subcontracts subsequent to the contract of the contractor shall be included; this also applies Article 31-4) at the said worksite, use buildings, equipment and raw materials (hereinafter referred to as “buildings, etc.”), the said orderer shall take necessary measures for preventing industrial accidents among the said workers in respect to the said buildings, etc.
- (2) The provisions of the preceding paragraph shall (where there exist two or more orderers who are to take the measures under the said paragraph in respect to the same buildings, etc., owing to the work in the said undertaking being carried out under subcontracts of several levels) not apply to the orderers who are the parties to the subsequent subcontracts.
Article 31-2.
- The orderer of works for alteration of facilities manufacturing or handling chemical substances or preparations containing chemicals and defined by the Cabinet Order, or other works as provided for by the Ordinance of Ministry of Health, Labour and Welfare, shall take necessary measures concerning said substances to prevent workers of contractors of the said works from industrial accidents.
Article 31-3.
- (1) When the workers of two or more employers carrying out construction undertakings execute work at one work site with machine which is specified by Ministry of Health, Labor and Welfare Ordinance (hereinafter referred to as "specified undertaking" in this Article), of the orderer who carries out the work of the specified undertaking by himself/herself or the person has contracted the whole of the said work, the one who gives a contract on the part of the said work, shall take the necessary measures for preventing industrial accidents to all of the workers engaged in the specified undertaking at the said work site.
- (2) Where there is no party responsible for taking measures under the provisions of the preceding paragraph, the principal employer performing a construction industry business who makes contractors execute all of the work involving the specified undertaking at the said work site or the employer performing a construction industry business who is specified under the provisions of paragraph (2) or (3) of Article 30 shall give the necessary consideration for preventing industrial accidents to all of the workers engaged in the specified undertaking at the said work site such as nominating a party to carry out the measures designated in the preceding paragraph.
Article 31-4. (Prohibition of Illegal Instruction)
- The orderer shall not instruct the contractor to direct his/her workers to work in contravention to the provisions of this Act or the ordinances based on it in respect to the said undertaking.
Article 32. (Measures to Be Taken by Contractors, etc.)
- (1) In the case of paragraph (1) or (4) of Article 30, contractors, other than the employer who is to take the measures provided for in paragraph (1) of the said Article, who themselves carry out the said work , shall take necessary measures in accordance with those taken pursuant to these provisions.
- (2) In case of paragraph (1) or (4) of Article 30-2, the contractor other than the employer who is to take measures provided for in paragraph (1) of the same Article, who carries out the said work by oneself, shall take necessary measures in accordance with the measures taken pursuant to these provisions.
- (3) In case of paragraph (1) or (4) of Article 30-3, the contractor other than the employer who is obliged to take measures in each item of paragraph (1) of Article 25-2, who carries out the said work by oneself, shall take necessary measures in accordance with those taken pursuant to the provisions of paragraph (1) or (4) of Article 30-3.
- (4) In the case of paragraph (1) or (4) of Article 30, paragraph (1) or (4) of Article 30-2, or paragraph (1) of Article 31, workers shall abide by the necessary matters in accordance with the measures taken pursuant to the said provisions or the provisions of the preceding three paragraphs.
- (5) In case of Article 31-2, the contractor involved in the work provided for in the said Article shall take necessary measures in accordance with the measures taken pursuant to the provisions of the said Article.
- (6) In case of paragraph (1) or (4) of Article 30, paragraph (1) or (4) of Article 30-2, paragraph (1) or (4) of Article 30-3, paragraph (1) of Article 31, or Article 31-2, workers shall observe the necessary matters in accordance with the measures taken pursuant to these provisions or each provision of the preceding paragraphs.
- (7) The contractor referred to in paragraph (1) through (5) and the workers set forth in the preceding paragraph, shall follow the instructions given by the specified principal employer, etc., referred to in paragraph (1) of Article 31, the principal employers, etc., referred to in paragraph (1) of Article 31-2 or paragraph (1) of Article 30-3, the orderer referred to in paragraph (1) of Article 31 or Article 31-2, and the orderer or contractors referred to in paragraph (1) through (5), with a view to ensuring the implementation of the measures under the provisions of paragraph (1) or 4 of Article 30-3, or paragraph (1) of Article 31, or Article 31-2, or paragraph (1) through (5).
Article 33. (Measures, etc., to Be Taken by Machine Lessors, etc.)
- (1) A person who leases machines, etc., which are defined by Cabinet Order, to other employers and as provided for by the Ordinance of the Ministry of Health, Labor and Welfare (hereinafter referred to as “machine lessor”) shall take necessary measures in order to prevent industrial accidents due to the said machines, etc., at the workplace of the employer to whom the said machines, etc., have been leased.
- (2) A person who accepted the lease of machines, etc., from a machine lessor shall, where the person who operates the said machines, etc., is not a worker employed by the individual, take necessary measures in order to prevent industrial accidents due to the said operation of the machines, etc.
- (3) A person who operates the machines, etc., as set forth in the preceding paragraph, shall abide by the necessary matters in accordance with the measures which the person who accepted the lease of machines, etc., has taken under the provisions of the same paragraph.
Article 34. (Measures to Be Taken by Building Lessors)
- A person who offers to other employers the lease of buildings defined by Cabinet Order (hereinafter referred to as “building lessor”) shall take necessary measures in order to prevent industrial accidents due to the said buildings related to the undertaking of the employer who accepted the lease of the said buildings. However, this shall not apply where the whole of the said buildings is leased to one employer.
Article 35. (Labeling of Weight)
- A person who is to forward a piece of cargo which weighs one ton or more shall label its weight on the said cargo by an ostensive and not easily erasable method; provided that this shall not apply when forwarding an unpackaged cargo the weight of which is clear at a glance.
Article 36. (Commission to Ordinance of the Ministry of Health, Labor and Welfare)
- The measures to be taken under the provisions of paragraph (1) or (4) of Article 30, paragraph (1) or (4) of Article 30-2, paragraph (1) or (4) of Article 30-3, paragraph (1) of Article 31, Article 31-2, paragraph (1) through (5) of Article 32, paragraph (1) or (2) of Article 33, or Article 34, by parties mentioned in these provisions, and the matters to be observed under the provisions of paragraph (6) of Article 32 or paragraph (3) of Article 33 by parties mentioned in these provisions, shall be prescribed by Ordinance of the Ministry of Health, Labor and Welfare.
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