Enforcement Ordinance of the Working Environment Measurement Law

Chapter II. Working Environment Measurement Experts, etc.

Section 1.  Working Environment Measurement Experts

Sub-section 1.  Qualification for Working Environment Measurement Experts, etc.

(Qualification for Working Environment Measurement Experts)

Article 5.     The person to be provided for by the Ministry of Health, Labour and Welfare Ordinance under Article 5 of the Law shall be as follows:

(1)  A person who is exempted from the entirety of the subjects of the working environment measurement expert test (hereinafter referred to as "test") under Article 5 of the Law and has completed the training course under the same Article (hereinafter referred to as "training course").

(2)  A person who falls under the following a) or b) categories and is recognized by the Minister of Health, Labour and Welfare to have knowledge and ability of a high degree with regard to working environment measurements:

a) A person who has graduated after completing the regular course of science from a university or college (including a university accredited under the former University Order (Imperial Order No. 388 of 1918) the same shall apply in the following.) or from a technical college (including a college accredited under the former College Order (Imperial Order No. 61 of 1903) accredited under the School Education Law (Law No. 26 of 1947) and holds or held in the past the position of professor or assistant professor teaching subjects related to the measurement of the atmospheric environment or other environments at a university or technical college accredited under the School Education Law;

b) A person who graduated after completing the regular course of science from a university or a technical college accredited under the School Education Law and has the experience of having been engaged in the business of research related to the measurement of the atmospheric environment or other environments at a research institute of the State, local public body, juridical person established under Article 34 of the Civil Code (Law No. 89 of 1896) or similar body for 10 years or more (except a person listed in the preceding item).

(3)  Any other person whom the Minster of Health, Labour and Welfare recognizes to have the same or higher knowledge and ability compared with the persons provided for in the preceding two items.

2.  A person who intends to be recognized under item 2 of the preceding paragraph shall submit a written application, accompanied with documents evidencing that the he falls under a) or b) of the same item, to the Minister of Health, Labour and Welfare.

3.       Recognition under the provisions of items 2 or 3 of paragraph 1 shall be sanctioned by designating the classification of working environment measurement expert, and by the type of workshop listed in the Attached Table in which the said person may conduct working environment measurements, in the case where the classification of working environment measurement expert falls under class-1.

Article 5-2. Notwithstanding the provisions of paragraph 1 of the preceding paragraph, a person who has completed subjects designated as granting the knowledge and skills necessary to be a class-2 workplace environment measurement expert under item 6 of Article 2 of the Law by the Minister of Health, Labour and Welfare (called "subjects" in paragraph 3) at a university or technical college accredited under the School Education Law or a vocational training college or a vocational training university accredited under the Vocational Training Law (Law No. 64 of 1969) (called a "university, etc." below in this Article) and duly graduated (called a "class-2 workplace environment measurement expert" below in this Article) or has completed training shall be qualified to be a class-2 workplace environment measurement expert.

2. Approval of a university, etc., provided for in the preceding paragraph (called "approval" below in this Article) shall be conducted on the basis of standards laid down separately by the Minister of Health, Labour and Welfare.

3. A person who intends to set up a university, etc., and receive approval shall submit an application to the Minister of Health, Labour and Welfare containing the information in the items below. However, a university, etc., set up by the State, a local government body or the Employment Promotion Corporation may omit the information under items 3 and 10:

(1) The name and address of the university, etc., and its date of establishment.

(2) The name of the founder of the university, etc.

(3) The purpose for founding the university, etc.

(4) The name, content and method of completion of subjects, the number of lesson hours or the number of training hours and the name of the course or training course containing said subjects and date of its establishment.

(5) Information about the implementation of examinations (by subject).

(6) The fixed number of students or trainees (by course and training course).

(7) The names of teaching staff or vocational training instructors, their histories, the subject they are in charge of, and whether they are full-time or part-time.

(8) The area of the facility, a block plan and a ground plan.

(9) The types and numbers of apparatus, equipment, specimens and books needed for education or training.

(10) Method of maintenance and management.

(11) Other information for reference.

4. When there is an application under paragraph 3 and the university, etc., in said application complies with the standards provided for in paragraph 2, the Minister of Health, Labour and Welfare shall publish that fact in the Official Gazette.

5. When there has been any change in the information listed in items 1 through 10 of paragraph 3, a person who has set up a university, etc., that has received approval shall notify the Minister of Health, Labour and Welfare without delay of the content and date of such changes. However, this shall not apply where the omissions specified under the conditional clause of paragraph 3 are permitted.

6. The Minister of Health, Labour and Welfare shall cancel approval where it is deemed that a university, etc., no longer complies with the standards provided for in paragraph 2.

7. When the Minister of Health, Labour and Welfare has cancelled approval under the provisions of the preceding paragraph, it shall be published in the Official Gazette.

8. The Minister of Health, Labour and Welfare may request the founder of a university, etc., that has received approval to provide necessary information where it is deemed necessary. 

(Items of Registration)

Article 6.     Items to be designated by the Ministry of Health, Labour and Welfare Ordinance under item 4 of Article 7 of the Law shall be as follows:

(1)  In the case of a person who has completed the class-1 training course as provided for in Article 23, the type of workshop listed in the Attached Table which corresponds to the subjects the said person has taken among the subjects as provided for in items 3 to 7 inclusive of paragraph 1 of Article 25.

(2)  In the case of a person who is listed in item 2 or 3 of paragraph 1 of Article 5 and is recognized by the Minister of Health, Labour and Welfare to fall under the class-1 working environment measurement expert by classification under paragraph 3 of the same Article, the type of workshop listed in the Attached Table in which the said person may conduct working environment measurement.

(Application for Registration)

Article 7.    A person who intends to obtain registration under Article 7 of the Law (hereinafter in this Article referred to as "applicant") shall submit a Working Environment Measurement Expert Registration Application (Form No. 1) to the Minister of Health, Labour and Welfare through the Director General of the Prefectural Labour Bureau who has jurisdiction over the area where the applicant has his domicile.

2.       The presentation under the provision of paragraph 2 of Article 9 of the Law of the certificate under paragraph 1 of Article 16 of the Law (hereinafter referred to as "certificate") and the certificate of completion of a training course under paragraph 2 of the same Article (hereinafter referred to as "certificate of completion of training course") (in the case of a person who falls under any of the items of paragraph 1 of Article 5 or paragraph 1 of Article 5-2, documents which substitute for these) shall be made to the Director General of the Prefectural Labour Bureau who has jurisdiction over the area where the applicant has his domicile.

(Certificate of Registration)

Article 8.     The certificate of registration of working environment measurement expert under Article 10 of the Law (hereinafter in this Section and Section 4 referred to as "certificate of registration") shall follow Form No.2.

(Renewal of Certificate of Registration)

Article 9.    A working environment measurement expert shall, when alteration takes place with regard to the matters as provided for in item 2 of Article 7 of the Law, without delay submit a Renewal Application for a Certificate of Registration of a Working Environment Measurement Expert (Form No. 3) accompanied with certificate of registration and documents evidencing the reason of renewal, to the Minister of Health, Labour and Welfare through the Director General of the Prefectural Labour Bureau who has the jurisdiction over the area where the applicant has his domicile (hereinafter in this sub-section referred to as "the Director General of the competent Prefectural Labour Bureau") and obtain the renewal of the certificate of registration.

2.  A working environment measurement expert shall, when he intends to alter the matters listed in item 3 of Article 7 of the Law or Article 6, submit a Renewal Application for a Certificate of Registration of a Working Environment Measurement Expert accompanied with his certificate of registration, to the Minister of Health, Labour and Welfare through the Director General of the competent Prefectural Labour Bureau and obtain the renewal of the certificate of registration.

3.  In a case which falls under the provisions of the preceding paragraph, the working environment measurement expert shall present his certificate and the certificate of completion of training course, which evidence the reason of renewal (in the case of a person who falls under any of the items of paragraph 1 of Article 5, substitute documents), to the Director General of the competent Prefectural Labour Bureau.

(Reissue of Certificate of Registration)

Article 10.   A working environment measurement expert may, if his certificate of registration is damaged, destroyed or lost, submit a Reissue Application for the Certificate of Registration of a Working Environment Measurement Expert (Form No. 3) accompanied with the said damaged certificate of registration (in a case where the certificate of registration was destroyed or lost, documents stating the said fact) to the Minister of Health, Labour and Welfare through the Director General of the competent Prefectural Labour Bureau and obtain the reissue of certificate of registration.

2.  A person who has applied for a reissue of his certificate of registration under the provisions of the preceding paragraph, shall, if he finds the lost certificate of registration, return it immediately to the Minister of Health, Labour and Welfare through the Director General of the competent Prefectural Labour Bureau.

(Cancellation of Registration, etc.)

Article 11.     Cancellation of registration under the provisions of paragraph 1 or 2 of Article 12 of the Law or orders for suspension of the business of working environment measurement of a designated workshop, or suspension of the use of the appellation of working environment measurement expert under the provisions of the same paragraph shall be made in writing, giving the reasons.

(Report of the Discontinuation of Business, etc.)

Article 12. In a case where the working environment measurement expert discontinues his business, dies or comes to fall under item 1 or item 3 of Article 6 of the Law, the said working environment measurement expert, his successor or his legal representative shall, without delay, report in writing to that effect to the Minister of Health, Labour and Welfare through the Director General of the competent Prefectural Labour Bureau.

(Return of a Certificate of Registration)

Article 13.   In a case where the registration of a working environment measurement expert has been cancelled or he has discontinued his business or died, the said working environment measurement expert, his successor or his legal representative shall, without delay, return the certificate of registration to the Minister of Health, Labour and Welfare through the Director General of the competent Prefectural Labour Bureau.

(Application of Ordinance by Designated Registration Institution in Performing Its Registration Business)

Article 13-2. For the application of the provisions of Articles 7, 9, 10 and the preceding Article by the designated registration institution provided for in paragraph 2, Article 32-2 of the Law (hereinafter referred to as "designated registration institution") in performing its registration business (hereinafter referred to as "registration business") provided for in paragraph 1 of the same article, the part of the provision of paragraph 1 of Article 7 expressed as "to the Minister of Health, Labour and Welfare through the Director General of the Prefectural Labour Bureau who has jurisdiction over the area where the applicant has his domicile," the part of the provision of paragraph 2 of the said article expressed as "to the Director General of the Prefectural Labour Bureau who has jurisdiction over the area where the applicant has his domicile," the part of the provision of paragraph 1 of Article 9 expressed as "to the Minister of Health, Labour and Welfare through the Director General of the Prefectural Labour Bureau who has the jurisdiction over the area where the applicant has his domicile (hereinafter in this sub-section referred to as "the Director General of the competent Prefectural Labour Bureau")," and the part of the provision of paragraph 2 of the said article, the part of the provision of Article 10 and the part of provision of the preceding article which are commonly expressed as "to the Minister of Health, Labour and Welfare through the Director General of the competent Prefectural Labour Bureau" and the part of the provision of paragraph 3, Article 9 expressed as "the Director General of the competent Prefectural Labour Bureau" shall all be amended to read "to the designated registration institution."

2.  For the application of the provision of Article 12 by the designated registration institution in performing its registration function, the part of the provision of the said article expressed as "to the Minister of Health, Labour and Welfare through the Director General of the competent Prefectural Labour Bureau" shall be amended to read "to the designated registration institution where the party concerned has discontinued the practice of the business or has died, and to the Minister of Health, Labour and Welfare through the Director General of the competent Prefectural Labour Bureau where the party concerned has come to fall under item 1 or 3 of the said article."