Industrial Safety and Health Law
Law No. 57 of June 8, 1972
Latest Amendments:
Law No. 25 of May 31, 2006
In Japanese
Chapter XI. Miscellaneous Provisions
Article 101. (Dissemination of the Act and Ordinances, etc.)
- (1) The employer shall make known to the workers the gist of this Act and the ordinances thereunder by displaying or posting it usually in conspicuous places throughout the workshop and by other means provided for by the Ordinance of the Ministry of Health, Labor and Welfare .
- (2) In each workshop handling notified substances including chemicals, preparations containing chemicals and other substances, the employer shall make the items notified under paragraphs (1) and (2) of Article 57-2 known to the workers handling said substances by displaying or posting it usually in conspicuous places and by other means provided for by the Ordinance of the Ministry of Health, Labor and Welfare.
Article 102. (Obligation of Persons Installing Gas Supply or Other Structures)
- A person who installed a structure for gas supply or other structures prescribed by Cabinet Order shall, where he or she was requested by the employers performing work such as construction at the location of the said structure or in its neighborhood to provide instruction on measures to be taken in order to prevent the occurrence of industrial accidents due to said structure, instruct them.
Article 103. (Preservation of Documents, etc.)
- (1) The employer shall, as prescribed by the Ordinance of the Ministry of Health, Labor and Welfare, keep the documents (excluding the records under the following paragraph and paragraph (3)) prepared under the provisions of this Act or ordinances thereunder.
- (2) The registered manufacturing inspection, etc.., agency and other agencies shall, as prescribed by the Ordinance of the Ministry of Health, Labor and Welfare , prepare and keep records in which are entered the matters pertaining to manufacturing inspection, etc.., regular inspection, individual examination, type examination, special voluntary inspection, license examination, skill training course, training mentioned in paragraph (4) of Article 75, industrial safety consultant examination, industrial health consultant examination or consultant registration as prescribed by the Ordinance of the Ministry of Health, Labor and Welfare .
- (3) The consultant shall, as prescribed by the Ordinance of the Ministry of Health, Labor and Welfare, prepare and keep records in which are entered the matters concerning his/her service as prescribed by the Ordinance of the Ministry of Health, Labor and Welfare.
Article 104. (Preservation of Secrets concerning Medical Examinations, etc.)
- The person who was engaged in the affairs of execution of the medical examination under the provisions of paragraph (1) of Article 65-2, and paragraph (1) to paragraph (4) of Article 66, and the face-to-face guidance under the provisions of paragraph (1) of Article 66-8, shall not disclose the secrets, which they have become aware of in connection with the said execution.
Article 105.
Article 106. (State Assistance)
- (1) In additon to those measures prescribed in Article 19-3, paragraph (3) of Article 28-2, Article 57-5, Article 63, Article 71, and Article 71-4, the State shall endeavor in order to contribute to the prevention of industrial accidents, to take financial measures, and to give technical advice and other necessary assistance, with respect to the improvement of safety and health facilities, the implementation of safety and health improvement plans and other activities carried out by employers.
- (2) In granting the assistance under the preceding paragraph, the State shall give special consideration to small and medium-sized enterprises.
Article 107. (Assistance by the Minister of Health, Labor and Welfare)
- The Minister of Health, Labor and Welfare shall provide safety officers, health officers, safety and health promoters, health promoters, industrial physicians, consultants and others, who are to perform their duties to prevent industrial accidents, with the necessary information and assistance in order to improve their abilities, as well as to enhance workers’ interest in the prevention of industrial accidents.
Article 108. (Promotion of Research and Development, etc.)
- The Government shall, for the purpose of promoting science and technology contributing to the prevention of industrial accidents, endeavor to promote research and development, to disseminate the results thereof and to take other necessary measures.
Article 108-2. (Epidemiological Survey, etc.)
- (1) The Minister of Health, Labor and Welfare may, when he/she finds it necessary in order to find the association of chemical substances, etc., to which employees are exposed or the work and the diseases of these said workers, make an epidemiological survey and other investigations (hereinafter in this Article referred to as “epidemiological survey, etc.”)
- (2) The Minister of Health, Labor and Welfare may entrust the implementation of the whole or part of the business of carrying out an epidemiological survey, etc., to one who has expert knowledge of epidemiological surveys, etc.
- (3) The Minister of Health, Labor and Welfare or one who was entrusted under the provisions of the preceding paragraph may, where they deem it necessary in order to carry out an epidemiological survey, etc., question the employer, the workers and other persons concerned, or request them to report on necessary matters or submit necessary documents.
- (4) One who was engaged in the business of carrying out an epidemiological survey, etc., whose implementation was entrusted by the Minister of Health, Labor and Welfare under the provisions of paragraph (2), shall not disclose the confidential information he or she has become aware of in connection with the execution; provided that this shall not apply where he or she is compelled to disclose the confidential information in order to prevent the impairment of workers’ health
Article 109. (ColLaboration with Local Authorities)
- The State shall, in promoting the measures for preventing industrial accidents, respect the stand of local authorities, maintain a close liaison with them and request their understanding and cooperation.
Article 110. (Conditions for Permission, etc.)
- (1) Conditions may be attached to the permission, license, designation or registration (limited to registration in paragraph (1) of Article 54-3 or paragraph (1) of Article 84. this applies to the following paragraph) under the provisions of this Act, and they may be altered.
- (2) The conditions under the preceding paragraph shall be limited to the minimum necessary for the sure implementation of the matters related to said permission, license, designation or registration and shall not be such as to impose unjustifiable obligations on the person obtaining said permission, license, designation or registration.
Article 111. (Filing of Objections)
- (1) With respect to dispositions concerning the results of inspection under Article 38, regular inspection, individual examination, type examination or license examination, no objection under the Act for the Examination of Objections against Administrative Acts (Act No. 160 of 1962) may be filed.
- (2) With respect to dispositions concerning the examination affairs executed by the designated examination institution (excluding dispositions concerning the results of license examination) or to the forbearance of such an action, an action concerning the consultant examination affairs conducted by a designated consultant examination institution or to the forbearance of such dipositions or dispositions concerning the registration affairs conducted by a designated registration institution or to the forbearance of such an action, an examination under the Act for the Examination of Objections against Administrative Acts (Act No. 160 of 1962) may be requested to the Minister of Health, Labor and Welfare.
Article 112. (Fees)
- (1) The following persons shall, as prescribed by Cabinet Order, pay fees to the State (to the designated examination institution in the case of a person who intends to take a license examination conducted by the designated examination institution, to the designated consultant examination institution in the case of a person who intends to take an industrial safety consultant examination or an industrial health consultant examination conducted by the designated consultant examination institution and to the designated registration institution in the case of a person who intends to gain registration conducted by the designated registration institution):
- (i) A person who intends to obtain the license
- (i)-2 A person who intends to be registered based on Article 14, paragraph (1) of Article 38, paragraph (2) of Article 41, paragraph (1) of Article 44, paragraph (1) of Article44-2, paragraph (1) of Article 61, or paragraph (3) of Article 75, or to renew the registration.
- (ii) A person who intends to take the skill training course (excluding one given by the registered training institution)
- (iii) A person who intends to obtain the permission under paragraph (1) of Article 37
- (iv) A person who intends to receive the inspection (excluding inspections conducted by the registered manufacturing inspection, etc.., agency) under Article 38
- (v) A person who intends to obtain the reissue or renewal of the inspection certificate (excluding inspections conducted by the registered manufacturing inspection, etc.., agency)
- (vi) A person who intends to receive regular inspection (excluding one carried out by the registered regular inspection agency)
- (vii) A person who intends to take an individual examination (excluding one conducted by the registered individual examination agency)
- (vii)-2 A person who intends to take a type examination (excluding one conducted by the registered type examination agency)
- (viii) A person who intends to obtain the permission under paragraph (1) of Article 56
- (ix) A person who intends to obtain the reissue or renewal of a license card under paragraph (1) of Article 72
- (x) A person who intends to obtain the renewal of the valid term of a license card
- (xi) A person who intends to take the license examination
- (xii) A person who intends to take the industrial safety consultant examination or the industrial health consultant examination
- (xiii) A person who intends to obtain the registration under paragraph (1) of Article 84
- (2) The fees paid to the designated examination institution, the designated consultant examination institution and the designated registration institution under the provisions of the preceding paragraph shall be the revenue of the respective designated examination institution, designated consultant examination institution and designated registration institution.
Article 112-2. (Public Announcement)
- (1) The Minister of Health, Labor and Welfare, in the following cases, shall, as provided for by the Ordinance of the Ministry of Health, Labor and Welfare, make a public notice to that effect in the official gazette:
- (i) Where registration was made under the provisions of paragraph (1) of Article 38, paragraph (2) of Article 41, paragraph (1) of Article 44, or paragraph (1) of Article 44-2.
- (ii) Where the certificate of type examination is invalidated according to the provision of Article 44-4.
- (iii) Where notification was submitted under Article 47-2 or Article 49 (including the case where the same provisions are applied mutatis mutandis in Article 53-3 through Article 54-2).
- (iv) Where the cancellation of registration was made under the provisions of Article 53 (including the case where the same provisions are applied mutatis mutandis in Article 53-3 through Article 54-2), or where the suspension of the whole or part of the service of the manufacturing inspection, etc.., the regular inspection, the individual examination or the type examination.
- (v) Where the Director of the Prefectural Labor Bureau, the Chief of the Labor Standards Office, or the Minister of Health, Labor and Welfare decides to carry out the whole or a part of the service of the manufacturing inspection, etc., the performance inspection, the individual examination or the type examination, or the skill training under the provision of 53-2 (including the case where the same provisions are applied mutatis mutandis in Article 53-3 through Article 54-2 and paragraph (3) of Article 77), or where the Director of the Prefectural Labor Bureau, the Chief of the Labor Standards Office, or the Minister of Health, Labor and Welfare decides not to carry out the whole or part of the service of the manufacturing inspection, etc., the performance inspection, the individual examination or the type examination, or the skill training, previously executed by himself/herself.
- (vi) Where designation was made under paragraph (1) of Article 75-2, Article 83-2 or paragraph (1) of Article 85-3.
- (vii) Where permission was made under Article 75-10 (including the case where the same provision is applied mutatis mutandis in Article 83-3 and Article 85-3).
- (viii) Where cancellation was made under paragraph (1) of Article 75-11 (including the case where the same provision is applied mutatis mudandis in Article 83-3 and Article 85-3).
- (ix) Where the revocation of designation was made or order was given to suspend the whole or part of the examination affairs, consultant examination affairs or the registration affairs under paragraph (2) of Article 75 (including the case where the same provision is applied mutatis mutandis in Article 83-3 and Article 85-3).
- (x) Where the Director of the Prefectural Labor Bureau or the Minister of Health, Labor and Welfare decides to carry out the whole or part of the examination affairs, the consultant examination affairs or registration affairs under the provisions of paragraph (1) of Article 75-12 (including the case where the same provision is applied mutatis mutandis in Article 83-3 and Article 85-3. Hereinafter the same in this item), or where the Director of the Prefectural Labor Bureau or the Minister of Health, Labor and Welfare decides not to carry out the examination affair, the whole or part of the consultant examination affair, or registration affair previously carried out by himself/herself under the said provisions.
- (2) The Director of the Prefectural Labor Bureau, in the following cases, shall, as provided for by the Ordinance of the Ministry of Health, Labor and Welfare, make a public notice.
- (i) Where registration was made under Article 14, paragraph (1) of Article 61 or paragraph (3) of Article 75.
- (ii) Where notification was received under Article 47-2 or Article 49 which is referred to in paragraph (3) of Article 77.
- (iii) Where, under Article 53 which is referred to in paragraph (3) of Article 77, the registration was cancelled or an order was given to suspend the whole or a part of the skill training course or the training mentioned in paragraph (4) of Article 75.
Article 113. (Transitional Measures)
- Where an order or ordinance is enacted, amended or abrogated under the provisions of this Act, necessary transitional measures (including the transitional measures concerning penal provisions) may be laid down by said order or ordinance within the scope deemed reasonably necessary in connection with the enactment, amendment or abrogation.
Article 114. (Special Provisions concerning Mines)
- (1) With regard to the maintenance of safety in a mine (including hygienic ventilation and rescue at the time of a disaster; the same shall apply in paragraph (1) of the following Article) under the provisions of paragraph (2) and (4) of Article 2 of the Mine Safety Act (Act No. 70 of 1949), “the Minister of Health, Labor and Welfare” and “the Labor Policy Council” in Chapter II shall be read as “the Minister of Economy, Trade and Industry” and “the Central Mine Safety Council,” respectively.
- (2) With regard to the provisions of paragraph (2) and (4) of Article 2 of the Mine Safety Act, the term “general safety and health manager” found in Chapter III of the same act shall be read as “general health manager” and the term “safety and health promoter” as “health promoter.”
Article 115. (Exemption from Application)
- (1) This Act (excepting the provisions of Chapter II) shall not apply in respect to the maintenance of safety in a mine under the provisions of paragraph (2) and (4) of Article 2 of the Mine Safety Act.
- (2) This Act shall not apply in respect to the mariners covered by the Mariners Act (Act No. 100 of 1947).
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