Industrial Safety and Health Law
Law No. 57 of June 8, 1972
Latest Amendments:
Law No. 25 of May 31, 2006
In Japanese
Chapter IX. Safety and Health Improvement Plan, etc.
Section 2. Industrial Safety Consultant and Industrial Health Consultant
Article 81. (Service)
- (1) An industrial safety consultant shall, as an occupation, make diagnosis of safety in the workplace and give guidance based on such diagnosis for the improvement of the level of safety of workers at the request of other people, gaining remuneration and using the appellation of industrial safety consultant.
- (2) An industrial health consultant shall as an occupation make diagnosis of health in the workplace and give guidance based on such diagnosis for the improvement of the level of health of workers at the request of other people, gaining remuneration and using the appellation of industrial health consultant.
Article 82. (Industrial Safety Consultant Examination)
- (1) The Minister of Health, Labor and Welfare shall conduct the industrial safety consultant examination.
- (2) The industrial safety consultant examination shall be carried out by written examination and oral examination for each classification prescribed by the Ordinance of the Ministry of Health, Labor and Welfare.
- (3) No person other than those falling under any of the following items shall take the industrial safety consultant examination:
- (i) A person who graduated in completing the regular course of science from a university (excluding a junior college) under the School Education Act (Act No. 26 of 1947) or a university under the previous University Order (Imperial Order No. 388 of 1918) or from a college under the previous Technical College Order (Imperial Order No. 61 or 1903), and has the experience of having engaged in safety service for five years or more thereafter.
- (ii) Those who graduated in completing the regular course of science from a junior college or a technical college under the School Education Act and have the experience of having engaged in safety service for seven years or more thereafter.
- (iii) Those, as provided for by the Ordinance of the Ministry of Health, Labor and Welfare, who are deemed to have the same (or higher) ability as those listed in the preceding two items.
- (4) The Minister of Health, Labor and Welfare may exempt those who has the qualification as provided for by the Ordinance of the Ministry of Health, Labor and Welfare from the whole or part of the written examination or the oral examination under paragraph (2).
Article 83. (Industrial Health Consultant Examination)
- (1) The Minister of Health, Labor and Welfare shall conduct the industrial health consultant examination.
- (2) The provisions of paragraph (2) to (4) of the preceding article shall apply mutatis mutandis to the industrial health consultant examination; in this case, “safety” in item (i) and （ii）of paragraph (3) of said Article shall read as “health.
Article 83-2. (Designated Consultant Examination Institution)
- The Minister of Health, Labor and Welfare, as provided by the Ordinance of the Ministry of Health, Labor and Welfare, may entrust all or part of the work concerning the implementation of examinations of industrial safety consultants and industrial health consultants (excluding work concerning determination of qualifications hereinafter referred to as “consultant examination affairs ”) carried out by a party designated by the Minister of Health, Labor and Welfare (hereinafter referred to as a “designated consultant examination institution”).
Article 83-3. (Application for the Designation of Designated Consultant Examination Institution, etc.)
- The provisions of paragraph (2) and (3) of Article 75-2, and of Article 75-3 through Article 75-12 shall apply mutatis mutandis to the work of the designated consultant examination institutions and consultant examination affairs provided for in the preceding article. In this case, “the Director of the Prefectural Labor Bureau” in paragraph (3) of Article 75-2 and Article 75-12 shall be read as “the Minister of Health, Labor and Welfare”; “paragraph (1)” in paragraph (3) of Article 75-2 read as “Article 83-2”; “the examination affair rules provided for in paragraph (1) of Article 75-6” in paragraph (2) of Article 75-4 as “the procedure rules concerning the implementation of consultant examination affairs ”; “giving a decision as to whether the applicant has knowledge and capability necessary for a license holder” in paragraph (1) of Article 75-5 as “formulating and marking examination questions for industrial safety consultant examinations and industrial health consultant examinations”; “license examiner” in the same article and Article 75-8 as “consultant examiner”; “the examination affair rules provided for in paragraph (1) of the following Article” in paragraph (4) of Article 75-5 as “the procedure rules concerning the implementation of the consultant examination affairs ”; “examination affairs (hereinafter in this Article and Article 75-11, paragraph (2), item (iv) referred to as the ‘examination affair rules’)” in paragraph (1) of Article 75-6 as “procedure rules”; “the examination affair rules” in paragraphs 2 and 3 of the same Article and item (iv) of paragraph (2) of Article 75-11 as “the procedure rules relating to the implementation of consultant examination affairs”.
Article 84. (Registration)
- (1) A person who has passed the industrial safety consultant examination or the industrial health consultant examination may become an industrial safety consultant or an industrial health consultant, by having his/her full name, the location of his/her office and other matters as provided for by the Ordinance of the Ministry of Health, Labor and Welfare entered in the industrial safety consultant registry or the industrial health consultant registry prepared in the Ministry of Health, Labor and Welfare.
- (2) A person who falls under any of the following items shall be disqualified for the registration under the preceding paragraph:
- (i) An adult ward or a person under curatorship.
- (ii) A person who, having violated the provisions of this Act or ordinances thereunder, was sentenced to a fine or 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.
- (iii) A person who, having violated the provisions of acts or regulations other than this Act and ordinances thereunder, was sentenced to imprisonment or a penalty heavier than confinement 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.
- (iv) A person whose registration was cancelled pursuant to the provisions of paragraph (2) of the following Article and for whom two years have not elapsed since the date of cancellation.
Article 85. (Cancellation of Registration)
- (1) The Minister of Health, Labor and Welfare shall, where an industrial safety consultant or an industrial health consultant (hereinafter referred to as “consultant”) has come under any of items (i) to (iii) of paragraph (2) of the preceding Article, cancel the registration.
- (2) The Minister of Health, Labor and Welfare may, where a consultant has violated the provisions of Article 86, cancel the registration.
Article 85-2. (Designated Registration Institution)
- (1) The Minister of Health, Labor and Welfare, according to the provisions of the Ordinance of the Ministry of Health, Labor and Welfare, may entrust all or part of the affairs concerning the implementation of registrations of consultants (excluding affairs concerning the revocation of registrations provided for in the preceding Article, hereinafter referred to as “registration affairs”) carried out by a party designated by the Minister of Health, Labor and Welfare (hereinafter referred to as a “designated registration institution”).
- (2) Where a designated registration institution carries out registration affairs, “in the Ministry of Health, Labor and Welfare” in paragraph (1) of Article 84 shall read as “in the designated registration institution” for the application of the said Article.
Article 85-3. (Application for the Designation, etc. of Designated Registration Institution)
- The provision of paragraph (2) and (3) of Article 75-2, Article 75-3, Article 75-4 and Articles 75-6 through 75-12 shall apply mutatis mutandis to the designation registration institution and the registration affairs prescribed in paragraph (1) of the preceding Article. In this case, ‘the Director of the Prefectural Labor Bureau in paragraph (3) of Article 75-2 and Article 75-12 shall be read as “the Minister of Health, Labor and Welfare”; “paragraph (1)” in paragraph (3) of Article 75-2 read as “paragraph (1) of Article 85-2”; “the examination affair rules provided for in paragraph (1) of Article 75-6” in paragraph (2) of Article 75-4 as “the procedure rules concerning the implementation of registration affairs”; “rules (hereinafter in this Article and 75-11, paragraph (2), item (iv) referred to as the ‘examination affair rules’)” in paragraph (1) of Article 75-6 as “procedure rules”; “the examination affair rules” in paragraph (2) and (3) of the same Article and item (iv) of paragraph (2) of Article 75-11 as “the procedure rules relating to the implementation of registration affairs”; “a member of the staff (including a license examiner)” in Article 75-8 as “a member of the staff”; “whole or part of the examination affairs ” in Article 75-10 as “registration affairs”; “whole or part of the examination affairs” in paragraph (2) of Article 75-11 and Article 75-12 as “registration affairs.”
Article 86. (Obligations)
- (1) A consultant shall not commit an act, which may damage the reputation of consultants or be a dishonour to the consultants as a whole.
- (2) A consultant shall not disclose the confidential information he has learned in connection with the business or peculate such secrets. The same shall also apply after the person has ceased to be a consultant.
Article 87. (Japan Association of Industrial Safety and Health Consultants)
- (1)The consultants may establish a juridical person under the provisions of Article 34 of the Civil Code in the appellation of the Japan Industrial Safety and Health Consultant Association, only one throughout the country.
- (2) The purpose of the Japan Industrial Safety and Health Consultant Association shall be to perform the business concerning guidance of and liaison among the members for contributing to the maintenance of the dignity of consultants and the progress and improvement of their service.
- (3) No person other than the juridical person under paragraph 1 shall use in its appellation the characters of Japan Industrial Safety and Health Consultant Association.
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