Industrial Safety and Health Law
Law No. 57 of June 8, 1972
Latest Amendments:
Law No. 25 of May 31, 2006
In Japanese
Chapter V. Regulations concerning Machines, etc. and Harmful Substances
Section 1. Regulations concerning Machines
Article 37. (Permission for Manufacturing)
- (1) A person who is to manufacture machines, etc., listed in Appended Table 1 as requiring specially dangerous operations, and also specified by Cabinet Order (hereinafter referred to as “specified machines, etc.”), shall obtain in advance permission from the Director of the Prefectural Labor Bureau as provided for by the Ordinance of the Ministry of Health, Labor and Welfare.
- (2) The Director of the Prefectural Labor Bureau shall, when an application for the permission set forth in the preceding paragraph was submitted, examine the said application and shall not give permission unless he recognizes that the structure of the specified machines, etc., related to the said application complies with the standards provided for by the Minister of Health, Labor and Welfare.
Article 38. (Manufacturing Inspection, etc.)
- (1) A person who has manufactured or imported specified machines, etc., or who is to install specified machines, etc., which have not been installed for the period provided for by the Ordinance of the Ministry of Health, Labor and Welfare, or who is to reinstall or to resume the use of specified machines, etc., the use of which has been discontinued, shall, as provided for by the Ordinance of the Ministry of Health, Labor and Welfare, have the said specified machines, etc., and the matters provided for by the Ordinance of the Ministry of Health, Labor and Welfare in relation thereto inspected by one of the following (a) or (b):
- (a) the Director of the Prefectural Labor Bureau, if the said specified machines, etc., do not belong to specially specifeid machines, etc.,(meaning those designated among specified machines, etc., by the Ordinance of the Ministry of Health, Labor and Welfare, hereinafter the same).
- (b) those who were registered by the Minister of Health, Labor and Welfare (hereinafter referred to as a "registered manufacturing inspection, etc., agency"), if the said specified machines, etc., belong to specially specified machines, etc.
However, this does not apply when a manufacturer in a foreign country has received an inspection of the said specified machines, etc., under the provisions of the following paragraph for the imported specified machines, etc., and other related matters covered by the Ordinance of the Ministry of Health, Labor and Welfare (referred to as “machines, etc.,to be inspected at the time of import, etc.” in the following paragraph).
- (2) In additon to the cases reffered to in the preceding paragraph, in the case of the following items , a person who has manufactured a specified machine, etc., in a foreign country may, pursuant to the Ordinance of the Ministry of Health, Labor and Welfare, have the machines, etc., to be inspected at the time of import, etc. undergo the inspection by:
- - the Director of the Prefectural Labor Bureau if the said specified machine does not belong to specially specified machines, etc., or;
- - a registered manufacturing inspection, etc., agency, if the said specified machine belongs to specially specified machines, etc.
- (i) When the said specified machine, etc., is intended for export to Japan
- (ii) When the person who has imported the specified machines, etc., is independent from the person who has manufactured the specified machines (in this item referred to as the “third party”), etc., in a foreign country, and the said manufacturer does not wish to have the inspection provided for in the preceding paragraph carried out in relation to the said third party.
- (3) A person who has installed specified machines, etc., (excluding movable ones), or one who has effected any change upon the parts provided for by the Ordinance of the Ministry of Health, Labor and Welfare of specified machines, etc., or one who is to resume the use of specified machines, etc., the use of which has been discontinued, shall have the said specified machines, etc., as well as the matters provided for by the Ordinance of the Ministry of Health, Labor and Welfare in relation thereto inspected by the Chief of the Labor Standards Office, as provided for by the Ordinance of the Ministry of Health, Labor and Welfare.
Article 39. (Issue of Inspection Certificate, etc.)
- (1) The Director of the Prefectural Labor Bureau or a registered manufacturing inspection, etc., agency shall, as provided for by the Ordinance of the Ministry of Health, Labor and Welfare, issue the inspection certificate for the movable specified machines, etc. which have passed the inspections referred to in paragraph (1) or (2) of the preceding article (hereinafter referred to as “manufacturing inspection, etc.”).
- (2) The Chief of the Labor Standards Office shall, as provided for by the Ordinance of the Ministry of Health, Labor and Welfare, issue the inspection certificate for the specified machines, etc., which have passed the inspection concerning the installation of the specified machines, etc., in that set forth in paragraph (3) of the preceding article.
- (3) The Chief of the Labor Standards Office shall, as provided for by the Ordinance of the Ministry of Health, Labor and Welfare, endorse the inspection certificate of the specified machines, etc., which have passed the inspection concerning the partial alteration or the resumption of the use of the specified machines, etc. in the inspection set forth in paragraph (3) of the preceding article.
Article 40. (Restriction of Use, etc.)
- (1) The specified machines, etc., for which the inspection certificate provided for in paragraph (1) or (2) of the preceding article (hereinafter referred to as “inspection certificate”) has not been issued (including specified machines, etc., which must have the inspections for the partial alteration or the resumption of the use covered by the provision of paragraph (3) of Article 38, but for which the inspection certificates has not been endorsed as provided for in paragraph (3) of the preceding article) shall not be used.
- (2) The specified machines, etc., in respect to which a certificate is issued shall neither be transferred nor leased unless accompanied by the certificate.
Article 41. (Valid Term of Inspection Certificate, etc.)
- (1) The valid term of the inspection certificate (where the valid term of the certificate is renewed pursuant to the provisions of the following paragraph, the valid term so renewed) shall be as provided for by the Ordinance of the Ministry of Health, Labor and Welfare, according to the kind of specified machines, etc.
- (2) A person who intends to obtain a renewal of the valid term of the inspection certificate shall, as provided for by the Ordinance of the Ministry of Health, Labor and Welfare, undergo, in respect to the said specified machines, etc., and the related matters provided by the Ordinance of the Ministry of Health, Labor and Welfare, the performance inspection conducted by an agency registered by the Minister of Health, Labor and Welfare (hereinafter referred to as “registered performance inspection agency”).
Article 42. (Restrictions on Transfer, etc.)
- Among machines, etc., other than specified machines, etc., which are listed in Appended Table 2, or require dangerous or harmful operations, or are used in a dangerous place, or used for preventing danger or health impairment, those defined by Cabinet Order shall not be transferred, leased or installed unless they conform to the construction code provided for by the Minister of Health, Labor and Welfare or are equipped with safety apparatus designated by the Minister of Health, Labor and Welfare.
Article 43.
- Machines, etc., driven by power which are not equipped with protective measures provided for by the Ordinance of the Ministry of Health, Labor and Welfare on projecting parts of moving parts, power transmission sections or speed regulartory sections shall neither be transferred nor be leased, and shall not be exhibited with a view to transfer or lease.
Article 43-2.
- When the manufacturer or the importer of the machines, etc., specified in Article 42 has transferred or leased the said machines, etc., falling under any one of the following items to any other party, the Minister of Health, Labor and Welfare or the Director of the Prefectural Labor Bureau may order such manufacturer or importer to recall or improve the machines, etc., or provide the information provided for by the Ordinance of the Ministry of Health, Labor and Welfare to those using the machines, etc., or take the necessary measures for preventing industrial accidents which may be caused by using such machines, etc.:
- (i) Those machines, etc., whose indications attached are according to, or whose indications attached are likely to be confused with the provision of item (iv) of the following article, neglecting the provision of paragraph (5) of the following article
- (ii) Those machines, etc., which have passed the type examinations provided for in paragraph (3) of Article 44-2 but are not conforming to the requirements concerning the standards or the safety devices (referred to as “the standards, etc.” in item (iv)) designated by the Minister of Health, Labor and Welfare according to the provision of Article 42
- (iii) Those machines, etc., whose indications attached are according to, or whose indications attached are likely to be confused with the provision of paragraph (5) of Article 44-2, violating the provision of paragraph 6 of Article 44-2
- (iv) Those machines, etc., other than those designated by paragraph (1) of Article 44-2 which are not conforming to the requirements concerning the standards, etc.
Article 44. (Individual Examination)
- (1) Among the machines, etc., prescribed in Article 42 (excluding machines, etc., prescribed in paragraph (1) of Article 44-2), a person who has manufactured or imported those listed in Appended Table 3 and prescribed by Cabinet Order, shall, as provided for by the Ordinance of the Ministry of Health, Labor and Welfare, undergo an individual examination, in respect of the said machines, etc., conducted an agency registered by the Minister of Health, Labor and Welfare (hereinafter referred to as “registered individual examination agency”).
- (2) Notwithstanding the provision of the preceding paragraph, when the importer of the machines, etc., set forth in the preceding paragraph is the third party (hereinafter referred to as the “third party”) other than the manufacturer in the exporting country (hereinafter referred to as the “foreign manufacturer”), and the foreign manufacturer does not wish to have its exported machines, etc., inspected by the importer as the third party, the foreign manufacturer may have its exported machines, etc., undergo the certification examinations given independently by a registered individual examination agency according to the Ordinance of the Ministry of Health, Labor and Welfare. The said provision shall not be applied to the importer of the machines, etc., when the above individual examinations have been made.
- (3) When the application for the examination provided for in the preceding two paragraphs (hereinafter referred to as the “Individual Examinations”) has been received, the registered individual examination agency shall not grant the certification for having passed the examination unless the machines, etc., examined have proved to be conforming to the standards set by the Ordinance of the Ministry of Health, Labor and Welfare.
- (4) A person who has undergone the individual examination shall, as provided for by the Ordinance of the Ministry of Health, Labor and Welfare, affix a label indicating the fact of having passed the said individual examination to the machines, etc., which have likewise passed examination.
- (5) The label set forth in the preceding paragraph or one misleading shall not be affixed to machines, etc., other than the machines, etc., that have passed the individual examination.
- (6) Those machines, etc., designated in paragraph (1), without the label designated in paragraph (4), shall not be used.
Article 44-2. (Type Examination)
- (1) One who has manufactured or imported a machine which is listed in Appended Table 4 and designated by the Cabinet Order shall have such manufactured or imported machine undergo the type examination to be conducted by the party registered by the Minister of Health, Labor and Welfare (hereinafter referred to as the “ｒegistered type examination agency”) as prescribed by the Ordinance of the Ministry of Health, Labor and Welfare. However this provision shall not apply to the machines, etc., which have been imported, and which have undergone the examination set forth in the next paragraph.
- (2) Besides the case stipulated by the preceding paragraph, in the cases set forth below, one who has manufactured the machine designated in the preceding paragraph (hereinafter referred to as the “foreign manufacturer” in this paragraph and Article 44-4) may have the type of the manufactured machine certified by the ｒegistered type examination agency according to the Ordinance of the Ministry of Health, Labor and Welfare.
- (i) When exporting the designated machines, etc., to Japan
- (ii) When the importer of the said machine, etc. is the third party (hereinafter referred to as the “third party”) other than the manufacturer in the exporting country (hereinafter referred to as the “foreign manufacturer”), and the said foreign manufacturer does not wish to have the examination provided for in the preceding paragraph carried out in relation to the said third party
- (3) When the application for the examination provided for in the preceding two paragraphs (hereinafter referred to as the “type examination”) has been submitted by the party who wishes to receive the examination, the registered type examination agency shall not grant the certification for having passed the examination unless the construction of the machines, etc., and the facilities used for manufacturing or examining the machines, etc., have proven to be conforming to the standards provided for by the Ordinance of the Ministry of Health, Labor and Welfare.
- (4) The registered type examination agency shall issue a certificate for the type which passed the type examination to the applicant.
- (5) A person who has undergone the type examination, when he has manufactured or imported the machines, etc., which have passed the type examination in Japan shall, as provided for by the Ordinance of the Ministry of Health, Labor and Welfare, affix a label indicating the fact of having passed the type examination to the machines, etc., which have passed the said examination. The same shall apply to the party (excluding the party who has had the machine the said type examination) who has imported machines, etc., which have passed the type examination.
- (6) The label set forth in the preceding paragraph or one misleading shall not be affixed to machines, etc., other than machines, etc., that have passed the type examination.
- (7) Those machines, etc., designated in main clause of paragraph (1), without the label designated in paragraph (5), shall not be used.
Article 44-3. (Valid Term of Type Examination Certificate, etc.)
- (1) The valid term of the type examination certificate (when the valid term of the type examination certificate is renewed pursuant to the provision of the following paragraph, the valid term so renewed) shall be provided for by the Ordinance of the Ministry of Health, Labor and Welfare, according to the kind of machines, etc., designated by the provision of paragraph (1) of the preceding article.
- (2) A person who intends to obtain a renewal of the valid term of the type examination certificate shall, as provided for by the Ordinance of the Ministry of Health, Labor and Welfare, undergo the type examination.
Article 44-4. (Invalidation of Type Examination Certificate)
- In a case falling under any of the following events, the Minister of Health, Labor and Welfare may invalidate the type examination certificate of the machines, etc., designated in each of the paragraphs below (the type examination certificate issued to the said foreign manufacturer in the case of item (ii)).
- (i)The construction of the machines, etc., which has passed the examination for the authorization of the type or the equipment, etc., with which the machines, etc., has been manufactured or tested are not in conformity to the standards provided for by the Ordinance of the Ministry of Health, Labor and Welfare set forth in paragraph (3) of Article 44-2.
- (ii) The foreign manufacturer, who has undergone the type examination, has affixed the label referred to in paragraph (5) of Article 44-2 or one misleading to imported type of machines, etc., other than the authorized type.
- (iii) The foreign manufacturer of the machines, etc., to whom the authorized type certificate has been issued has refused to answer or given false answers to the questions, or refused, interrupted or avoided the inspections of the construction of the machines, etc., tool used for the manufacture of the machines, etc., or the testing equipment at the workplace of the foreign manufacturer to whom the authorized type certificate has been issued or at the place of the installation of the machines, etc., or the said equipment proposed by the personnel of the Ministry of Health, Labor and Welfare under the authority of the Minister of Health, Labor and Welfare for the purpose of ensuring the safety and health of the workers working with said machines, etc.
Article 45. (Periodical Self Inspection)
- (1) The employer shall, as provided for by the Ordinance of the Ministry of Health, Labor and Welfare, conduct self inspection periodically and keep the records of the result in respect to boilers and other machines, etc., specified by Cabinet Order.
- (2) The employer shall - when he conducts voluntary inspection as provided for by the Ordinance of the Ministry of Health, Labor and Welfare (hereinafter referred to as “specified voluntary inspection”) among self inspections under the provisions of the preceding paragraph in respect to machines, etc., as specified by Cabinet Order referred to in the same paragraph - have an employee who has the qualifications provided for by the Ordinance of the Ministry of Health, Labor and Welfare or one who registered under the provisions of paragraph (1) of Article 54-3 and carries out professional specified self inspection in respect to the said machines, etc., in response to others’ requests (hereinafter referred to as “registered inspection agency”) carry it out.
- (3) The Minister of Health, Labor and Welfare shall make public the guidelines for self inspection necessary to ensure the appropriate and effective implementation of voluntary inspection under the provisions of paragraph (1).
- (4) After the guidelines have been made public for self inspection set forth in the preceding paragraph, the Minister of Health, Labor and Welfare may, when he/she finds it necessary, give necessary guidance, etc., on the said guidelines to employers, registered inspection agencies or their organizations.
Article 46. (Registration for Registered Manufacturing Inspection, etc., Agency)
- (1) The registration set forth in the provision of paragraph (1) of Article 38 (hereinafter in this Article, Article 53 and paragraph 1 of Article 53-2 ,
referred to as “registration”) shall be made, as provided for by the Ordinance of the Ministry of Health, Labor and Welfare and for each classification presctibed by the Ordinance of the Ministry of Health, Labor and Welfare, on the application of a person who intends to conduct the manufacturing inspection, etc.
- (2) A person who falls under any of the following items shall not be registered:
- (i) A person who, having violated the provisions of this Act or ordinances thereunder, was sentenced to the penalty of a fine or heavier and for whom two years have not elapsed since the date when the execution of the sentence was completed or the date when he/she ceased be amenable to the execution of the sentence
- (ii) A person whose registration was cancelled pursuant to the provision of Article 53 and for whom two years have not elapsed since the date of cancellation
- (iii) A juridical person one of whose executive officials falls under preceding two items.
- (3) The Minister of Health, Labor and Welfare shall register a person who applied for registration pursuant to the provision of paragraph (1)(referred to as “applicant for registration” in this paragraph), if the applicant satisfies all the following matters:
- (i) The applicant for registration shall conduct the manufacturing inspection, etc.,using machine and apparatus listed in Appended Table 5 and other facilities.
- (ii) The number of persons who conduct the manufacturing inspection, etc. (restricted only to those who have knowledge and experience which meet one of the requirements listed in item
- (i) of Appended Table 6,
hereinafter referred to as “inspector”) shall be equal to or more than the figure shown in item (ii) of the same Table.
- (iii) An inspector who has knowledge and experience which meet one of the requirements listed in Appended Table 7 shall instruct the inspectors and supervise the manufacturing inspection, etc.
- (iv) The applicant for registration as dependent on the manufacturer or the importer of specially specified machines, etc. (hereinafter referred to as “manufacturer, etc.” in this item) shall not fall under any of following items:
- (a) In the case that the applicant for registration is a joint-stock company, the manufacturer, etc. is a parent juridical person (referred to as the parent company pursuant to paragraph 1 of Article 879 of Company Act (Act No. 86 of 2005) of the said applicant.
- (b) ) The ratio of executive officials (for a partnership company (referred to as the partnership company pursuant to paragraph 1 of Article 575 of the Company Act), company members who execute the company business) or staff of the manufacturer, etc. (including persons who have been executive officials or staff of the said manufacturer, etc. within past two years) to executive officials of the applicant for registration exceeds one half.
- (c) The applicant for registration (for a juridical person, an executive official who has the right of representation) is an executive official or staff of the manufacturer, etc. (including persons who have been executive official or staff of the said manufacturer, etc. within past two years).
- (4) The registration shall be made with an entry of the following items in the registry book of the registered manufacturing inspection, etc., agency
- (i) Date and number of registration
- (ii) Name or appellation and address , and for juridical person, the name of the representative.
- (iii) Appellation and address of the office
- (iv) The group mentioned in paragraph (1).
Article 46-2. (Renewal of Registration)
- (1) The registration shall be renewed after a certain time prescribed by Cabinet Order from five up to ten years has elapsed. Otherwise the registration becomes invalidated with the expiration of the period.
- (2) The provisions of the second to the fourth paragraph of the preceding Article shall apply mutatis mutandis to the renewal of registration mentioned in the previous paragraph of this Article.
Article 47. (Obligation, etc., of Manufacturing Inspection, etc.)
- (1) The registered manufacturing inspection, etc., agency shall, where requested to conduct an inspection etc., carry it out without delay except the case where there exist justifiable reason.
- (2) The registered manufacturing inspection, etc., agency shall, in conducting inspection, etc., have an inspector carry it out.
- (3) The registered manufacturing inspection, etc., agency shall conduct the inspection fairly and properly and in accordance with one of the standards relating to the structure of specially specifeid machines, etc. prescribed in paragraph (2) of Article 37.
- (4) The registered manufacturing inspection, etc., agency shall take necessary measures, prescribed in the Ordinance of the Ministry of Health, Labor and Welfare, for preventing dangers caused by the method of the manufacturing inspection, etc.
Article 47-2. (Notification of Alteration)
- The registered manufacturing inspection, etc., agency which is to alter matters mentioned in item (ii) or (iii) of paragraph (4) of Article 46 shall notify the alteration to the Minister of Health, Labor and Welfare no later than two weeks prior to the date of the alteration.
Article 48. (Service Rules)/h5>
- (1) The registered manufacturing inspection, etc., agency shall lay down rules concerning the service of manufacturing inspection, etc., (hereinafter referred to as “service rules”), and notify the service rules to the Minister of Health, Labor and Welfare before the day of the commencement of the inspection service. The same shall apply when it intends to alter them.
- (2) The service rules shall specify the implementation method of the inspection, the charge of the inspection, and matters prescribed in the Ordinance of the Ministry of Health, Labor and Welfare.
Article 49. (Suspension or Discontinuance of Service)
- When a registered manufacturing inspection, etc., agency is to suspend or discontinue a part of or the whole service, it shall notify the fact to the Minister of Health, Labor and Welfare in advance.
Article 50. (Provision of Financial Statements and Access to Them)
- (1) The registered manufacturing inspection, etc., agency shall, within three months after the end of each business year, prepare a list of properties, a balance sheet and a profit-and-loss statement or a settlement of accounts statement, and a business report (referred to as “financial statements, etc.” in the following paragraph and in Article 123), concerning that business year, and shall keep them for five years in its office. These include those electromagnetically recorded (the data that are recorded electronically, magnetically or by other method that cannot be recognize by human sense, and that are used for processing by using a computer. This definition applies hereinafter in this Article).
- (2) Any person who intends to undergo an manufacturing inspection, etc. and other interested person may request items listed as follows anytime in the office hours of the registered manufacturing inspection, etc., agency. However, for the request of item (ii) and (iv), one shall pay expenses set by the said agency.
- (i) request for browse and photocopying of the financial statements, etc., in the case that they are provided in the form of paper.
- (ii) request for the transcript or extract of documents mentioned in the previous item.
- (iii) when the financial statements etc. are provided electromagnetically, request for browse and photocopying the contents displayed in accordance with the Ordinance of the Ministry of Health, Labor and Welfare
- (iv) request for obtaining the electromagnetically recorded content mentioned in the previous item in a electromagnetic form in accordance with he The Ordinance of the Ministry of Health, Labor and Welfare or request for obtaining the said content in the form of paper.
- (3) When a registered manufacturing inspection, etc., agency insures against loss caused by the inspection, any person who intends to undergo manufacturing inspection, etc., and other interested person may request items listed as follows anytime in the office hours of the registered manufacturing inspection, etc., agency. However, for the request of item (ii) and (iv), one shall pay expenses set by the said agency.
- (i) request for access and photocopying of the contractual document of the insurance etc. when it is provided in the form of paper.
- (ii) request for the transcript or extract of the document mentioned in the previous item.
- (iii) when the document mentioned in the item (i) above is provided electromagnetically, request for the browse and photocopying the contents displayed in accordance with he The Ordinance of the Ministry of Health, Labor and Welfare
- (iv) request for obtaining the electromagnetically recorded content mentioned in the previous item in a electromagnetic form in accordance with he The Ordinance of the Ministry of Health, Labor and Welfare or request for obtaining the said content in the form of paper.
- (4) A registered manufacturing inspection, etc., agency shall prepare profit-and-loss statement or a settlement of accounts statement and a business report for each business year pursuant to the provision of paragraph (1) and submit them to the Minister of Health, Labor and Welfare within three months after the end of that business year.
Article 51. (Notification of Appointment or Dismissal of Inspectors)
- When a registered manufacturing inspection, etc., agency has appointed or dismissed an inspector, the said agency shall notify the Minister of Health, Labor and Welfare of the fact without delay in accordance with the Ordinance of the Ministry of Health, Labor and Welfare.
Article 52. (Conformity Order)
- When the Minister of Health, Labor and Welfare recognizes that a registered manufacturing inspection, etc., agency has ceased to comply with the standards prescribed in each item of paragraph (3) of Article 46, the Minister can order the said agency to take necessary measures to conform to the said standards.
Article 52-2. (Improvement Order)
- When the Minister of Health, Labor and Welfare finds that a registered manufacturing inspection, etc., agency violated the provisions of Article 47, the Minister can order the said agency to carry out the manufacturing inspection at the manufacturing etc., or to take necessary measures to improve the inspection method or other business methods
Article 53. (Cancellation of Registration, etc.)
- When an registered manufacturing inspection, etc., agency comes under one of the following items, the Minister of Health, Labor and Welfare can cancel the said registration, or order to suspend the whole or part of the service of manufacturing inspection, etc., for a fixed period not exceeding six months:.
- (i) When the agency came under item (i) or item (iii) of paragraph (2) of Article 46
- (ii) When the agency violated the provisions of Article 47 to 49, paragraph (1) of Article 50 or paragraph (2) of Article 103.
- (iii) When the agency refused the request based on the provisions of each item of paragraph (2), or each item in paragraph (3), of Article 50 without justifiable causes.
- (iv) When the agency failed to submit the notification prescribed in the Article 51 or false notification.
- (v) When the agency failed to comply with the order as provided for in the previous two Articles.
- (vi) When the agency was registered by wrongful means.
Article 53-2. (Manufacturing Inspection, etc. by Director of Prefectural Labor Bureau)
- (1) The Director of Prefectural Labor Bureau may conduct all or a part of manufacturing inspection, etc. services, in the following cases:
- - when there is no agency registered
- - when there was a notification to suspend or discontinue a part of or the whole service pursuant to Article 49
- - when there was revocation of registration or an order to suspend the whole or a part of the service of manufacturing inspection, etc., based on the previous Article
- - when it became difficult for the registered manufacturing inspection, etc., agency to carry out the whole or a part of the service of inspection by the natural disaster or other causes.
- - when it is deemed to be necessary
- (2) Transfer of the inspection and other necessary matters, in the case of the Director of the Prefectural Labor Bureau carrying out the whole or a part of manufacturing inspection, etc. services, pursuant to the provisions of the preceding paragraph, shall be provided for by the Ordinance of the Ministry of Health, Labor and Welfare.
Article 53-3. (Registered Regular Inspection Agency)
- The provisions of Article 46 and Article 46-2 shall apply mutatis mutandis to the registration in paragraph (2) of Article 41. The provisions of Article 47 through the preceding Article shall apply mutatis mutandis to registered agencies for regular inspection. In this case, the expression shown in the middle column of the table below that are used in the provisions listed in the corresponding left column shall read as the expression listed in the corresponding right column.
| paragraph (1) of Article 46 |
paragraph (1) of Article 38 |
paragraph (2) of Article 41 |
| manufacturing inspection, etc. |
performance inspection prescribed in paragraph (2) of Article 41 (hereinafter referred to as “regular inspection”) |
| item (i) of paragraph (3) of Article 46 |
Appended Table 5 |
corresponding right column of Appended Table 8, in accordance with the kind of machines, etc., in the left column |
| manufacturing inspection, etc. |
performance inspection |
| item (ii) of paragraph (3) of Article 46 |
manufacturing inspection, etc. |
corresponding performance inspection, in accordance with machines, etc., in the left column of Appended Table 9 |
| item (i) of Appended Table 6 |
middle column of Appended Table 9 |
| item (ii) of Appended Table 6 |
right column of Appended Table 9 |
| item (iii) of paragraph (3) of Article 46 |
Appended Table7 |
Appended Table10 |
| manufacturing inspection, etc. |
performance inspection |
| item (iv) of paragraph (3) of Article 46 |
manufacturer or importer of specially specifeid machines, etc. |
manufacturer or importer of specified machines, etc., or one who performs as business the maintenance of specified machines, etc. |
| paragraph (4) of Article 46 |
registry book of the registeredmanufacturing inspection, etc., agency |
registry book of the registered performance inspection agency |
| paragraph (1) and 2 of Article 47 |
manufacturing inspection, etc |
performance inspection |
| paragraph (3) of Article 47 |
specially specifeid machines, etc. |
specified machines, etc. |
| manufacturing inspection, etc. |
performance inspection |
| paragraph (4) ofArticle Article 47and Article 48 |
manufacturing inspection, etc. |
performance inspection |
| Article 49 |
manufacturing inspection, etc. |
performance inspection |
| in advance |
no later than 30 days prior to the date of suspension or discontinuance |
| paragraph (2) and (3) of Article 50, Article 52-2 and Article 53 |
manufacturing inspection, etc. |
performance inspection |
| Article 53-2 |
Director General of the Prefectural Labor Bureau |
Chief of the Labor Standards Inspection Office |
| manufacturing inspection, etc. |
performance inspection |
Article 54. (Registered Individual Examination Agency)
- The provisions of Article 46 and 46-2 shall apply mutatis mutandis to the registration in paragraph (1) of Article 44, and the provisions of Article 47 through 53-2 shall apply mutatis mutandis to registered agencies for individual examination. In this case, the expression shown in the middle column of the table below that are used in the provisions listed in the corresponding left column shall read as the expression listed in the corresponding right column.
| paragraph (1) of Article 46 |
paragraph (1) of Article 38 |
paragraph (1) of Article 44 |
| manufacturing inspection, etc |
individual examination |
| item (i) of paragraph (3) of Article 46 |
Appended Table 5 |
corresponding right column of Appended Table 11, in accordance with the kind of machines, etc., in the left column |
| manufacturing inspection, etc. |
individual examination |
| item (ii) of paragraph (3) of Article 46 |
manufacturing inspection, etc. |
corresponding individual examination, in accordance with machines, etc., in the left column of Appended Table 12 |
| item (1) of Appended Table 6 |
middle column of Appended Table 12 |
| inspector |
examiner |
| item (2) of Appended Table 6 |
right column of Appended Table 12 |
| item (iii) of paragraph (3) ofArticle 46 |
inspector |
examiner |
| Appended Table7 |
Appended Table13 |
| manufacturing inspection, etc |
individual examination |
| item (iv) of paragraph (3) of Article 46 |
specially specifeid machines, etc. |
machines, etc., specified in paragraph (1) of Article 44 that are prescribed by Cabinet Order |
| paragraph (4) of Article 46 |
registry book of the registered manufacturing inspection, etc., agency |
registry book of the registered individual examination agency |
| paragraph (1) of Article 47 |
manufacturing inspection, etc. |
individual examination |
| paragraph (2) of Article 47 |
manufacturing inspection, etc. |
individual examination |
| inspector |
examiner |
| paragraph (3) of Article 47 |
one of the standards relating to the structure of specially specified machines, etc. prescribed in paragraph (2) of Article 37 |
standard prescribed in paragraph (3) of Article 44 |
| manufacturing inspection, etc. |
individual examination |
| paragraph (4) of Article 47 |
manufacturing inspection, etc. |
standard prescribed in paragraph (3) of Article 44 |
| method of the inspection |
individual examination |
| Article 48, Article 49 and paragraph (2) and 3 of Article 50 |
manufacturing inspection, etc |
individual examination |
| Article 51 |
inspector |
examiner |
| Article 52-2 and Article 53 |
manufacturing inspection, etc. |
individual examination |
| Article 53-2 |
Director General of the Prefectural Labor Bureau |
Minister of Health, Labor and Welfare or the Director General of the Prefectural Labor Bureau |
| manufacturing inspection, etc. |
individual examination |
Article 54-2. (Registered Type Examination Agency)
- The provisions of Article 46 and 46-2 shall apply mutatis mutandis to the registration in paragraph (1) of Article 44-2, and the provisions of Article 47 through 53-2 shall apply mutatis mutandis to registered agencies for type examination. In this case, the expression shown in the middle column of the table below that are used in the provisions listed in the corresponding left column shall read as the expression listed in the corresponding right column.
| paragraph (1) of Article 46 |
paragraph (1) of Article 38 |
paragraph (1) of Article 44-2 |
| manufacturing inspection, etc. |
type examination |
| item (i) of paragraph (3) of Article 46 |
Appended Table 5 |
corresponding right column of Appended Table 14, in accordance with the kind of machines, etc., in the left column |
| manufacturing inspection, etc. |
type examination |
| item (ii) of paragraph (3) of Article 46 |
manufacturing inspection, etc. |
type examination |
| item (1) of Appended Table 6 |
item (1) of Appended Table 15 |
| inspector |
item (i) of Appended Table 15 |
| item (iii) of paragraph (3) of Article 46 |
inspector |
examiner |
| Appended Table7 |
Appended Table16 |
| manufacturing inspection, etc. |
type examination |
| item (iv) of paragraph (3) of Article 46 |
specially specifeid machines, etc. |
machines, etc., specified in paragraph (1) of Article 44 -2 that are prescribed by Cabinet Order |
| paragraph (4) of Article 46 |
registry book of the registered manufacturing inspection, etc., agency |
registry book of the ｒegistered type examination agency |
| paragraph (1) of Article 47 |
manufacturing inspection, etc |
type examination |
| paragraph (2) of Article 47 |
manufacturing inspection, etc. |
type examination |
| inspector |
examiner |
| paragraph (3) of Article 47 |
one of the standards relating to the structure of specially specifeid machines, etc. specified in paragraph (2) of Article 37 |
standard prescribed in paragraph (3) of Article 44-2 |
| manufacturing inspection, etc. |
type examination |
| paragraph (4) of Article 47 |
manufacturing inspection, etc. |
type examination |
| method of the inspection |
method of the examination |
| Article 48, Article 49 and paragraph (2) and 3 of Article 50 |
manufacturing inspection, etc. |
type examination |
| Article 51 |
inspector |
examiner |
| Article 52-2 and Article 53 |
manufacturing inspection, etc. |
type examination |
| Article 53-2 |
Director General of the Prefectural Labor Bureau |
Minister of Health, Labor and Welfare |
| manufacturing inspection, etc. |
type examination |
Article 54-3. (Registered Inspection Agency for Specified Self Inspection)
- (1) A person who intends to become a registered agency for specified self inspection shall, as provided for by the Ordinance of the Ministry of Health, Labor and Welfare, apply for the registration of his/her name or appellation, his/her address and other matters prescribed by the Ordinance of the Ministry of Health, Labor and Welfare in the registry book of registered inspection agencies for specified voluntary inspection kept at the Ministry of Health, Labor and Welfare or the Prefectural Labor Bureau.
- (2) A person who falls under any of the following items shall not be registered under the provisions of the preceding paragraph:
- (i) A person who, having violated the provisions of paragraph (1) or 2 of Article 45 or the ordinances under these provisions, or the order issued under the provisions of paragraph (2) of Article 54-6, was sentenced to a penalty heavier than a fine and for whom two years have not elapsed since the date when the execution of the sentence was completed or the date when he ceased to be amenable to the execution of the sentence.
- (ii) A person whose registration was cancelled pursuant to provisions of paragraph (2) of Article 54-6 and for whom two years have not elapsed since the date of cancellation
- (iii) A juridical person one of whose executive officers come under item (i)
- (3) The registration under the provisions of paragraph (1) shall be made on the application of a person who intends to be a registered inspection agency for specified voluntary inspection.
- (4) The Minister of Health, Labor and Welfare or the Director of the Prefectural Labor Bureau shall not make the registration referred to in paragraph (1) unless they recognize that an application set forth in the preceding paragraph complies with the standards provided for by the Ordinance of the Ministry of Health, Labor and Welfare.
- (5) The employer or other said persons may ask for the perusal of the registry book.
Article 54-4.
- In conducting specified self inspection in response to others’ requests, the registered inspection agency for specified voluntary inspection shall have one who possesses the qualification provided for by the Ordinance of the Ministry of Health, Labor and Welfare carry it out.
Article 54-5.
- (1) Where a registered agency for specified self inspection transfers the whole of his/her business, or where there has been a succession or merger in respect of an registered inspection agency, the party who has received the whole of the business, or the successor (hereinafter in this paragraph, the person chosen as the successor to the business through the agreement of all parties where there are two or more successors), or the corporation that will continue after the merger, or the corporation established as a result of the merger shall succeed to the position of the registered inspection agency. However, this shall not apply when the party who has received the whole of the business or the successor or the corporation that will continue after the merger or the corporation established as a result of the merger falls under the provisions of the items of paragraph (2) of Article 54-3.
- (2) A person who has succeeded to the position of registered inspection agency under the provisions of the preceding paragraph shall notify that fact without delay to the Minister of Health, Labor and Welfare or to the Director of the Prefectural Labor Bureau as provided for by the Ordinance of the Ministry of Health, Labor and Welfare.
Article 54-6.
- (1) The Minister of Health, Labor and Welfare or the Director of the Prefectural Labor Bureau shall, where a registered agency for specified voluntary inspection came under item (i) or (iii) of paragraph (2) of Article 54-3, cancel the said registration.
- (2) The Minister of Health, Labor and Welfare or the Director of the Prefectural Labor Bureau may, where a registered agency for specified voluntary inspection came under any of the following items, cancel the said registration or order the suspension of the whole or part of the service of specified voluntary inspection for a fixed period not exceeding six months:
- (i) Where it is deemed to have ceased to be in conformity with the standards laid down in paragraph (4) of Article 54-3.
- (ii) Where it violates the provisions of Article 54-4.
- (iii) Where it violates the conditions referred to in paragraph (1) of Article 110.
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