Industrial Safety and Health Law
Law No. 57 of June 8, 1972
Latest Amendments:
Law No. 25 of May 31, 2006
In Japanese
Chapter VIII. License, etc.
Article 72. (License)
- (1) The license referred to in paragraph (1) of Article 12, Article 14 or paragraph (1) of Article 61 (hereinafter referred to as the “license”) shall be effectuated by granting the license to those who have passed the license examination provided for in paragraph (1) of Article 75 or those who have the qualification prescribed by the Ordinance of the Ministry of Health, Labor and Welfare.
- (2) A person coming under any of the following items shall be disqualified for the license:
- (i) A person whose license was revoked under the provisions of paragraph (2) of Article 74 (excluding item (iii)) and for whom one year has not elapsed since the date of the revocation.
- (ii) In additon to the above, persons specified by the Ordinance of the Ministry of Health, Labor and Welfare according to the kind of license.
- (3) Regarding the license prescribed in paragraph (1) of Article 61, the persons provided for by the Ordinance of the Ministry of Health, Labor and Welfare, as those who can not appropriately operate the work concerning the license due to the mental and physical disorder, may be disqualified for the license in provision of the said paragraph.
- (4) When the Director of the Prefectural Labor Bureau disqualifies the license prescribed in paragraph (1) of Article 61 under the preceding provision, he/she shall inform those applicants of the fact in advance, and by their request, officers designated by the Director of the Prefectural Labor Bureau shall hear their opinions.
Article 73.
- (1) The term of validity may be established for the license.
- (2) When the application for the renewal of the license is made, the Director of the Prefectural Labor Bureau shall not renew the term of the validity of the license unless the applicant conforms to the qualification provided for by the Ordinance of the Ministry of Health, Labor and Welfare.
Article 74. (License Cancellation, etc.)
- (1) The Director of the Prefectural Labor Bureau shall, where one who obtained a license has come under item (ii) of paragraph (2) of Article 72, revoke the said license.
- (2) The Director of the Prefectural Labor Bureau may, where one who obtained a license has come under any of the following items, revoke the said license or suspend the effect of the said license for a fixed period (not exceeding six months in case coming under item (i), (ii),(iv)or(v)):
- (i) Where he has caused a serious accident in regard to the work related to the said license, intentionally or by gross negligence
- (ii) Where he has violated the provisions of this Act or ordinances thereunder in respect of the work related to the said license
- (iii) In the case that the said license is the one prescribed in paragraph (1) of Article 61,where he/she shall be a person provided for by the Ordinance of the Ministry of Health, Labor and Welfare under the provision of paragraph (3) of Article 72
- (iv) Where he has failed to observe the conditions stated in paragraph (1) of Article 110
- (v) In cases to be provided for by the Ordinance of the Ministry of Health, Labor and Welfare by the kind of license, in additon to the cases listed in the preceding items
- (3) The person who has fallen under item (iii) of the preceding paragraph and whose license has been revoked under the provision of the same paragraph, may be granted the license again when the said person does not fall under the matters concerning the reason of revocation, and is regarded as an appropriate one to get a license again in accordance with other circumstances.
Article 74-2. (Delegation to the Ordinance of the Ministry of Health, Labor and Welfare)
- In additon to the provisions of preceding three Articles, necessary matters relating to the license such as its issuance shall be prescribed in the Ordinance of the Ministry of Health, Labor and Welfare.
Article 75. (License Examination)
- (1) The Director of the Prefectural Labor Bureau shall conduct the license examination for each classification prescribed by the Ordinance of the Ministry of Health, Labor and Welfare.
- (2) The license examination set forth in the preceding paragraph (hereinafter referred to as the “license examination”) shall consist of a paper test and a skill test or either of them.
- (3) The Director of the Prefectural Labor Bureau may, as provided for by the Ordinance of the Ministry of Health, Labor and Welfare, exempt those who have completed the practical training conducted by one registered by the Director of the Prefectural Labor Bureau and with whom one year has not elapsed since the date of completion of the practical training, or those in possession of the qualification as provided for by the Ordinance of the Ministry of Health, Labor and Welfare, from the whole or part of the paper test or the skill test set forth in the preceding paragraph.
- (4) The practical training set forth in the preceding paragraph (hereinafter referred to as “the practical training”) shall be conducted for each class listed in Appended Table 17.
- (5) The qualification for applicants, the subjects of the examination, the procedure of application for the license examination and the practical training, and other necessary matters for conducting the license examination, shall be provided for by the Ordinance of the Ministry of Health, Labor and Welfare.
Article 75-2. (Designation of Examination Institution)
- (1) The Minister of Health, Labor and Welfare may, as provided for by the Ordinance of the Ministry of Health, Labor and Welfare, entrust the implementation of the whole or part of the affairs of carrying out the license examination to be conducted by the Director of the Prefectural Labor Bureau pursuant to the provision of paragraph (1) of the preceding Article (hereinafter referred to as the “examination affairs ”) to one designated by the Minister of Health, Labor and Welfare (hereinafter referred to as the “designated examination institution”).
- (2) The designation under the provisions of the preceding paragraph (hereinafter to Article 75-12 referred to as “designation”) shall be made on the application of one who wishes to conduct the examination affairs .
- (3) The Director of the Prefectural Labor Bureau shall not conduct the whole or part of the examination affairs in case the implementation of the whole or part of the examination affairs in question has been entrusted to the designated examination institution pursuant to the provision of paragraph (1).
Article 75-3. (Criteria for Designation)
- (1) The Minister of Health, Labor and Welfare shall not make any designation unless there is no one else designated and the Minister of Health, Labor and Welfare finds that an application referred to in paragraph (2) of the preceding Article conforms to each of the following items:
- (i) The plan of the implementation of the examination affairs formulated by the applying institution in respect to the staff, facilities, the method of implementation of the examination affairs and other matters is suited for proper and reliable implementation of the examination affairs .
- (ii) The applying institution has a financial and technical footing, which is secure enough for proper and reliable implementation of the plan of implementation of the examination affairs referred to in the preceding item.
- (2) The Minister of Health, Labor and Welfare shall not make any designation if the application referred to in paragraph (2) of the preceding Article falls under any of the following items:
- (i) The applying institution is not a juridical person established in accordance with the provisions of Article 34 of the Civil Code (Act No. 89 of 1896).
- (ii) Fair and proper implementation of the examination affairs is liable to be disturbed by any other business undertaken by the applying institution.
- (iii) The applying institution is a person who, having violated the provisions of this Act or ordinances thereunder, was sentenced to a penalty and for whom two years have not elapsed since the date when the execution of the sentence was completed or the date when the individual ceased to be amenable to the execution of the sentence.
- (iv) The applying institution is a person whose designation was revoked pursuant to the provisions of paragraph (1) of Article 75-11 and for whom two years have not elapsed since the date of revocation.
- (v) Any of the executive officials of the applying institution falls under item (iii).
- (vi) Any of the executive officials of the applying institution was dismissed under an order issued pursuant to the provisions of paragraph (2) of the following Article, and two years have not elapsed since the date of such dismissal.
Article 75-4. (Appointment and Dismissal of the Executive Officials)
- (1) The appointment and dismissal of the executive officials of the designated examination institution who are engaged in the examination affairs shall not be valid unless the approval of the Minister of Health, Labor and Welfare has been obtained.
- (2) In case any of the executive officials of the designated examination institution has violated this Act (including the ordinances issued or dispositions taken thereunder), or the examination affair rules provided for in paragraph (1) of Article 75-6, or has committed a very improper act in connection with the examination affairs , the Minister of Health, Labor and Welfare may order the said designated examination institution to dismiss the said official.
Article 75-5. (License Examiner)
- (1) In the implementation of its examination affairs , the designated examination institution shall entrust a license examiner to the affairs of giving a decision as to whether the applicant has knowledge and capability necessary for a license holder.
- (2) A license examiner shall be appointed, by the designated examination institution, from among those satisfying the conditions stipulated by the Ordinance of the Ministry of Health, Labor and Welfare.
- (3) When the designated examination institution has appointed a license examiner, it shall notify the appointment to the Minister of Health, Labor and Welfare, as provided for by the Ordinance of the Ministry of Health, Labor and Welfare. The same shall apply when the license examiner has been replaced.
- (4) In a case in which a license examiner violates this Act (including the ordinances issued or dospositions taken thereunder) or the examination affair rules provided for in paragraph (1) of the following Article, or commits a very improper act in connection with the examination affairs , the Minister of Health, Labor and Welfare may order the said designated examination institution to dismiss the said license examiner.
Article 75-6. (Examination affair Rules)
- (1) The designated examination institution shall lay down rules concerning the implementation of examination affairs (hereinafter in this Article and Article 75-11, paragraph (2), item (iv) referred to as the “examination affair rules”), and receive the approval of the Minister of Health, Labor and Welfare, before it starts in the examination affairs . The same shall apply when it intends to alter them.
- (2) The matters to be included in the examination affair rules shall be provided for by the Ordinance of the Ministry of Health, Labor and Welfare.
- (3) The Minister of Health, Labor and Welfare may, when finding that the examination affair rules approved under paragraph (1) have become inappropriate for proper and reliable implementation of the examination affairs order the designated examination institution to alter them.
Article 75-7. (Approval of Business Plan, etc.)
- (1) The designated examination institution shall prepare a business plan and working budget for each business year and receive the approval of the Minister of Health, Labor and Welfare before the commencement of that business year (or without delay after designation in the business year to which the date of designation belongs). The same shall apply when it intends to alter them.
- (2) The designated examination institution shall, within three months after the end of each business year, prepare and submit to the Minister of Health, Labor and Welfare a business report and the settlement of accounts for that business year.
Article 75-8. (Obligation to Keep Secrets, etc.)
- (1) An executive official or a member of the staff (including a license examiner) of the designated examination institution and all persons who have held such a post must not disclose to any person confidential information which they have learned in the course of the implementation of the examination affairs.
- (2) An executive official or a member of the staff (including a license examiner) of the designated examination institution who are engaged in the examination affairs shall be regarded as a member of the staff engaged in public service under the acts and regulations, in respect to the application of the Penal Code （Act No.45 of 1907） and other penal provisions.
Article 75-9. (Supervision Orders)
- The Minister of Health, Labor and Welfare may, when finding it necessary for the enforcement of this Act, give necessary orders to the designated examination institution for the supervision of its examination affairs.
Article 75-10. (Suspension or Discontinuation of Examination Affairs)
- The designated examination institution shall neither suspend nor discontinue the whole or part of the examination affairs without obtaining permission from the Minister of Health, Labor and Welfare.
Article 75-11. (Cancellation of Designation, etc.)
- (1) The Minister of Health, Labor and Welfare shall, when the designated examination institution has come under item (iii) or item (v) of paragraph (2) of Article 75-3, revoke the said designation.
- (2) The Minister of Health, Labor and Welfare may, when the designated examination institution has come under any of the following items, revoke the said designation or order the whole or part of the examination affairs suspended for a fixed period:
- (i) Where it fall under item (vi) of paragraph (2) of Article 75-3.
- (ii) Where it contravened the order issued under the provisions of paragraph (2) of Article 75-4, paragraph (4) of Article 75-5, paragraph (3) of Article 75-6 or Article 75-9.
- (iii) Where it violated the provisions of paragraph (1) to (3) of Article 75-5, Article 75-7 or the preceding Article.
- (iv) Where it conducted the examination affairs without conforming to the examination affair rules approved pursuant to the provision of paragraph (1) of Article 75-6.
- (v) Where it violated the conditions referred to in paragraph (1) of Article 110.
Article 75-12. (Implementation of the License Examination by the Director of the Prefectural Labor Bureau)
- (1) When the designated examination institution has suspended the whole or part of the examination affairs with permission from the Minister of Health, Labor and Welfare under the provisions of Article 75-10, when the Minister of Health, Labor and Welfare has ordered the designated examination institution to suspend the whole or part of the examination affairs under the provisions of paragraph (2) of the preceding Article or in case it has become difficult by the natural disaster or other causes for the designated examination institution to carry out the examination affairs, the Director of the Prefectural Labor Bureau himself/herself shall, when he/she finds it necessary, carry out the whole or part of the examination affairs.
- (2) Transfer of the examination affairs and other necessary matters - in the case of the Director of the Prefectural Labor Bureau carrying out the examination affairs for himself/herself pursuant to the provisions of the preceding paragraph, in the case of the designated examination institution discontinuing the whole or part of the examination affairs with permission from the Minister of Health, Labor and Welfare under the provisions of Article 75-10, or in the case of the Minister of Health, Labor and Welfare having cancelled the designation of the designated examination institution under the provisions of the preceding Article, - shall be prescribed by the Ordinance of the Ministry of Health, Labor and Welfare.
Article 76. (Skill Training Course)
- (1) The skill training course referred to in Article 14 or paragraph (1) of Article 61 (hereinafter referred to as “skill training course”) shall consist of theoretical instructions and/or practical trainings for each class listed in Appended Table 18.
- (2) A person who has held the skill training course shall, as provided for by the Ordinance of the Ministry of Health, Labor and Welfare, grant the skill training course certificate to those who have completed the skill training course.
- (3) The qualification for receiving the skill training, and the procedures for enrolling and other necessary matters for the implementation of the skill training course shall be prescribed by the Ordinance of the Ministry of Health, Labor and Welfare.
Article 77. (Registered Training Institution)
- (1) Registration under the provisions of Article 14, paragraph (1) of Article 61 or paragraph (3) of Article 75 (hereinafter referred to “registration” in this Article) shall be made, in accordance with the Ordinance of the Ministry of Health, Labor and Welfare , for each classification prescribed by the Ordinance of the Ministry of Health, Labor and Welfare , on the application of one who wishes to conduct the skill training course or the practical training.
- (2) The Director of the Prefectural Labor Bureau shall register a person who applies for registration pursuant to the provision in the preceding paragraph (referred to as “applicant for registration” in this paragraph) if the applicant satisfies all the requirements shown below.
- (i) As for the skill training course or the practical training listed in the left column of Appended Table 19, the applicant for registration shall conduct the skill training course or the practical training using machine, equipment or facilities shown in the corresponding right column of the said Table.
- (ii) As for the skill training course, the subject listed in each item of Appended Table 20 shall be covered by a trainer who has knowledge and experience that comply with one of the conditions shown in the corresponding right column of the said Table. There shall be at least one such trainer in each training establishment. As for the practical training, the subject listed in the left column of Appended Table 21 shall be covered by a trainer who has knowledge and experience that comply with one of the conditions shown in the corresponding right column of the said Table. There shall be at least two such trainer in each training establishment.
- (iii) There shall be a person who supervises the skill training course or the practical training. In the case of the practical training, this supervisor shall, in accordance with the practical training shown in the left column of Appended Table 22, be one who has knowledge and experience that comply with one of the conditions shown in the right column of the said Table 22.
- (iv) In the case of the practical training, at least 95% of those who have completed in the equivalent training course conducted by the applicant for registration within six months before the date of application, and have taken the paper test or the practical test of the corresponding license examination, shall have passed the said paper test or practical test.
- (3) Provisions of paragraph (2) and (4) of Article 46 shall apply mutatis mutandis to the registration in paragraph (1) of this Article. Provisions from Article47-2 through Article 49, paragraph (1),(2) and (4) of Article 50, Article 52, Article 52-2, Article 53 (except item4, hereinafter the same in this paragraph), and Article 53-2 shall apply mutatis mutandis to those who conduct the skill training course or the training, registered based on paragraph (1) of this Article (hereinafter referred to as “registered training institution”). 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 (2) of Article 46, except each item |
Registration |
Registration prescribed in paragraph (1) of Article 77 (hereinafter referred to as “registration” in this Article, Article 53, and paragraph (1) of Article 53-2.) |
| paragraph (4) of Article 46 |
Registry book of the registered manufacturing inspection, etc.., agency |
Registry book of the registered training institution |
| Article 47-2 |
Minister of Health, Labor and Welfare |
Director General of the Prefectural Labor Bureau |
| paragraph (1) of Article 48 |
Manufacturing inspection, etc.. |
Skill training course prescribed in Article 14 or paragraph (1) of Article 61, or training prescribed in paragraph (3) of Article 75 |
| Minister of Health, Labor and Welfare |
Director General of the Prefectural Labor Bureau |
| paragraph (2) of Article 48 |
Manufacturing inspection, etc.. |
Skill training course prescribed in Article 14 or paragraph (1) of Article 61, or training prescribed in paragraph (3) of Article 75 |
| Article 49 |
Manufacturing inspection, etc.. |
Skill training course prescribed in Article 14 or paragraph (1) of Article 61, or training prescribed in paragraph (3) of Article 75 |
| Minister of Health, Labor and Welfare |
Director General of the Prefectural Labor Bureau |
| paragraph (1) of Article 50 |
Business report |
Business report (business report if the registered training institution belongs to the state or local government/local public entity) |
| paragraph (2) of Article 50 |
Manufacturing inspection, etc.. |
Skill training courseprescribed in Article 14 or paragraph (1) of Article 61, or training prescribed in paragraph (3) of Article 75 |
| paragraph (4) of Article 50 |
Business report |
Business report (business report if the registered training institution belongs to the state or local government/local public entity) |
| Minister of Health, Labor and Welfare |
Director General of the Prefectural Labor Bureau |
| Article 52 |
Minister of Health, Labor and Welfare |
Director General of the Prefectural Labor Bureau |
| Each item of paragraph (3) of Article 46 |
Each item of paragraph (2) of Article 77 |
| Article 52-2 |
Minister of Health, Labor and Welfare |
Director General of the Prefectural Labor Bureau |
| Article 47 |
Paragraph 6 or 7 of Article 77 |
| Manufacturing inspection, etc.. |
Skill training course prescribed in Article 14 or paragraph (1) of Article 61, or training prescribed in paragraph (3) of Article 75 |
| Article 53 |
Minister of Health, Labor and Welfare |
Director General of the Prefectural Labor Bureau |
| Manufacturing inspection, etc. |
Skill training courseprescribed in Article 14 or paragraph (1) of Article 61, or training prescribed in paragraph (3) of Article 75 |
| paragraph (2) of Article 53 |
from Article 47 through Article 49, paragraph (1)or (4) of Article 50 |
from Article 47-2 through Article 49, paragraph (1)or (4) of Article 50, paragraph (6) or (7) of Article 77 |
| paragraph (3) of Article 53 |
Each item of paragraph (2), or each item of paragraph (3), of Article 50 |
Each item of paragraph (2) of Article 50 |
| Article 53-2 |
Manufacturing inspection, etc. |
Skill training course prescribed in Article 14 or paragraph (1) of Article 61 |
- (4) 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.
- (5) Provisions of paragraph (2) of this Article and paragraph (2) and (4) of Article 46 shall apply mutatis mutandis to the renewal in the preceding paragraph. In this case, “registration” in paragraph (2) of Article 46, except each item shall read as “’registration’ in paragraph (1) of Article 77 (hereinafter the same in this Article ”, and “registry book of the registered manufacturing inspection, etc. agency” in paragraph (4) of Article 77 shall read as “registry book of the registered training institution”.
- (6) A registered training institution shall, except the case where there exist justifiable causes, prepare a plan for each business year for conducting skill training course or the training, pursuant to the Ordinance of the Ministry of Health, Labor and Welfare, and shall conduct the skill training or the said training based on the plan.
- (7) A registered training institution shall conduct skill training course or the training, fairly and properly, based on paragraph (5) of Article 75 or paragraph (3) of the preceding Article.
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