Enforcement Ordinance of the Working Environment Measurement Law

Chapter II. Working Environment Measurement Experts, etc.

Section 1.  Working Environment Measurement Experts

Sub-section 2.  Working Environment Measurement Expert Test

(Test)

Article 14.     The class-1 working environment measurement expert test under paragraph 2 of Article 14 of the Law (hereinafter referred to as "class-1 test") and the class-2 working environment measurement expert test under the same paragraph (hereinafter referred to as "class-2 test") shall be conducted by written test only.

(Qualifications for Examination Candidates)

Article 15.   A person to be designated by the Ministry of Health, Labour and Welfare Ordinance under item 3 of Article 15 of the Law shall be as follows:

(1)  A person who has graduated after completing a course other than regular course of science from a university or senior high school accredited under the School Education Law and has the experience of having been engaged in the practice of industrial health for three years or more thereafter.

(2)  A person who has graduated after completing course other than the regular course of science from a senior high school or a secondary education school accredited under the School Education Law (including middle schools accredited under the former Middle School Order (Imperial Order No. 36 of 1943), the same shall apply hereinafter) and has the experience of having been engaged in the practice of industrial health for five years or more thereafter.

(3)   A person who has completed the instructor training (restricted to training in which the main subject of the specialized course to be studied during the said training is a scientific subject) of a long-term instructor training course (including the long-term instructor training course stipulated by the Enforcement Order of the Vocational Training Law (hereafter called the "Vocational Training Law Enforcement Order") before amendment in accordance with the Ministry of Health, Labour and Welfare Ordinance (Ministry of Health, Labour and Welfare Ordinance No. 23) which stipulates partial amendment of the Vocational Training Law Enforcement Order and the Enforcement Order of the Employment Insurance Law (Ministry of Health, Labour and Welfare Ordinance No. 23, 1985) at a vocational training college accredited under the Vocational Skills Development Law (includes vocational training colleges under the Vocational Skills Development Law before amendment by the Law for the Partial Revision of the Vocational Skills Development Law and the Employment Promotion Corporation Law (Law No. 45 of 1997) and technical colleges under the Vocational Skills Development Law before amendment by the Law for the Partial Revision of the Vocational Skills Development Law (Law No. 67 of 1992)), and has a minimum of one year's experience in the practice of industrial health thereafter.

(3-2)A person who has completed the advanced vocational training in the applied courses specified in Article 9 of the Enforcement Order of the Vocational Skills Development Law which are carried out in accordance with the stipulations of Attached Table 7 of the said Order (restricted to training in which the main subject of the specialized course to be studied during the said training is a scientific subject), and has a minimum of one year's experience in the practice of industrial health thereafter.

(4)  A person who has completed the advanced vocational training in the specialized courses specified in Article 9 of the Enforcement Order of the Vocational Skills Development Law which are carried out in accordance with the stipulations of Attached Table 6 of the said Order (including the specialized courses of the vocational training carried out in accordance with the stipulations of Attached Table 3-2 of the Vocational Skills Development Law Enforcement Order before its amendment by the Ministry of Health, Labour and Welfare Ordinance for the partial revision of the Vocational Skills Development Law Enforcement Order (Ministry of Labour Ordinance No. 1 of 1993) (called the "former Skills Development Ordinance" in item 6 below), the specialist training courses in Attached Table 1 of the Vocational Skills Development Law Enforcement Order before its 1985 amendment, and the vocational training in special advanced training courses under paragraph 1 of Article 9 of the Vocational Training Law before amendment by the Law to Partially Revise the Vocational Training Law (Law No. 40 of 1978) (called the "former Vocational Training Law" below) (restricted to training in which the main subject of the specialized course to be studied during the said training is a scientific subject), and has a minimum of one year's experience in the practice of industrial health thereafter.

(5)  A person who has completed the ordinary vocational training in the ordinary courses specified in Article 9 of the Vocational Skills Development Law Enforcement Order that are carried out in accordance with the stipulations in Attached Table 2 of the said Order (including ordinary courses for vocational training carried out in accordance with the stipulations of Attached Table 3 of the former Skills Development Ordinance, the ordinary training courses in Attached Table 1 of the Vocational Training Law Enforcement Order before amendment in 1985 and the advanced training courses in the vocational training in paragraph 1 of Article 9 of the former Vocational Training Law) (restricted to training in which the main subject of the specialized course to be studied is a scientific subject), and has a minimum of three years' experience in the practice of industrial health thereafter.

(6)  A person who has completed the ordinary vocational training in the special courses provided for in paragraph 1 of Article 2 of the Supplementary Provisions of the Ministry of Labour Ordinance to partially revise the Vocational Training Law Enforcement Order (Ministry of Labour Ordinance No. 37 of 1978, called the "1978 Ministry of Labour amendment" in item 13 of Article 17) (restricted to training in which the main subject of the specialized course to be studied is a scientific subject), and has a minimum of four years' experience in the practice of industrial health thereafter.

(7)   A person who has passed the class-1, class-2 or similar skill test of the trade skill test listed in the Attached Table of the Vocational Skill Development Law Enforcement Order (Cabinet Order 258 of 1969) (restricted to tests in which the said trade skill is mainly knowledge related to science or engineering), and has a minimum of one year's experience in the practice of industrial health thereafter.

(8)   A person who has a minimum of eight years' experience in the practice of industrial health.

(9)  A person who falls under any of the items of Article 17.

(10) A person whom the Minister of Health, Labour and Welfare recognizes to have the same or higher ability as the persons listed in each of the preceding items.

(Subjects of the Test)

Article 16.     The subjects of the class-1 test shall be the subjects as listed in items 1 to 4 inclusive and the subjects selected in advance by the candidate among the subjects as listed in items 5 to 9 inclusive (hereinafter referred to as "subjects concerning analytical technique"):

(1) Industrial health in general.

(2)  Laws and ordinances related to industrial health.

(3)  Design and sampling conducted in relation to the working environment.

(4)  Outline of analysis conducted in relation to the working environment.

(5) Analytical technique conducted in relation to the working environment of the workshop in item 1 of the Attached Table.

(6) Analytical technique conducted in relation to the working environment of the workshop in item 2 of the Attached Table.

(7) Analytical technique conducted in relation to the working environment of the workshop in item 3 of the Attached Table.

(8) Analytical technique conducted in relation to the working environment of the workshop in item 4 of the Attached Table.

(9) Analytical technique conducted in relation to the working environment of the workshop in item 5 of the Attached Table.

2.       The subjects of the class-2 test shall be the subjects listed in items 1 to 4 inclusive of the preceding paragraph.

(Exemptions from Test)

Article 17.     Persons who have the qualifications as provided for by the Ministry of Health, Labour and Welfare Ordinance under paragraph 3 of Article 14 of the Law shall be the persons listed in the following items. The said persons are exempt from the subjects as provided for in the corresponding items among the subject of the class-1 test and the class-2 test:

(1)  A person who has obtained a license under Article 2 of the Medical Law (Law No. 201 of 1948) or Article 2 of the Dental Law (Law No. 202 of 1948): all subjects.

(2)  A person who has graduated from a university, technical college, senior high school or a secondary education school accredited under the School Education Law and has obtained registration as an environment measurement expert (concentration related) as provided for in item 1 of Article 50 of the Enforcement Ordinance for the Measurement Law (Ministry of International Trade and Industry Ordinance No. 69 of 1993) under the provisions of paragraph 1 of Article 122 of the Measurement Law (Law No. 51 of 1992) (hereinafter referred to as "environment measurement expert (concentration-related)") and completed the training course concerning industrial health in general and the laws and ordinances related to industrial health designated by the Minister of Health, Labour and Welfare: all subjects except the analytical technique conducted in relation to the working environment of the workplaces in item 2 of the Attached Table.

(3)  A person who has obtained registration as an environment measurement expert (concentration-related) under the provisions of paragraph 1 of Article 122 of the Measurement Law and who does not fall under the preceding item: subjects concerning design and sampling conducted in relation to the working environment, outline of analysis conducted in relation to the working environment, and subjects concerning analytical techniques (except the analytical technique conducted in relation to the working environment of workplaces in item 2 of the Attached Table).

(4)  A radiotherapy engineer as provided for in paragraph 2 of Article 2 of the Radiotherapy Engineer and X-ray Therapy Engineer Law (Law No. 226 of 1951): all subjects except the subjects concerning analytical techniques (excluding the analytical technique conducted in relation to the working environment of workplaces in item 2 of the Attached Table).

(5)  A consultant engineer who has obtained registration under paragraph 1 of Article 32 of the Consultant Engineer Law (Law No. 124 of 1957) (restricted only to a person who has obtained registration in relation to the chemical field, metal field or applied science field): outline of analysis conducted in relation to working environment.

(6)  A consultant engineer who has obtained registration under paragraph 1 of Article 32 of the Consultant Engineer Law (restricted only to a person who has obtained registration in relation to the health engineering field) and has the experience of having been engaged in the practice of atmospheric environment measurement for three years or more: outline of analysis conducted in relation to the working environment and subjects concerning analytical technique (except analytical technique conducted in relation to the working environment of the workshop in item 2 of the Attached Table).

(7)  A person who is appointed as a senior engineer in charge of nuclear fuel under the provisions of paragraph 1 of Article 22-2 or paragraph 1 of Article 51 of the Law concerning the Control of Nuclear Raw Material, Nuclear Fuel Material and Reactors (Law No. 166 of 1957) or a person, who has the license of senior engineer in charge of nuclear fuel under paragraph 1 of Article 22-3 of the same Law and has the experience of having been engaged in the practice of measuring the concentration of radioactive substances for three years or more or a person who is appointed as a senior reactor engineer under the provisions of paragraph 1 of Article 40 of the same Law or a person who has the license of senior reactor engineer under paragraph 1 of Article 41 of the same Law and has the experience of having been engaged in the practice of measuring the concentration of radioactive substances for three years or more: all subjects except the subjects concerning analytical technique (except analytical technique conducted in relation to the working environment of the workshop in item 2 of the Attached Table).

(8)  A person who is appointed as a senior engineer in charge of radioactive rays under the provision of paragraph 1 of Article 34 of the Law concerning the Prevention of Radioactive Ray Hazards caused by Radioactive Isotopes, etc. (Law No. 167 of 1957) and who has the license of the class-1 senior engineer in charge of radioactive rays under paragraph 1 of Article 35 of the same Law or a person who has the license of a class-1 senior engineer in charge of radioactive rays under the same paragraph and has the experience of having been engaged in the practice of measuring the concentration of radioactive substances for three years or more: all subjects except the subjects concerning analytical technique (except analytical technique conducted in relation to the working environment of the workshop in item 2 of the Attached Table.).

(9)  A clinical technologist under the provision of paragraph 1 of Article 2 of the Law concerning Clinical Technologists, Health Laboratory Technicians, etc. (Law No. 76 of 1958) who has the experience of having been engaged in the practice of atmospheric environment measurements for three years or more: all subjects except subjects concerning analytical technique.

(10) A clinical technologist under the provision of paragraph 1 of Article 2 of the Law concerning Clinical Technologists, Health Laboratory Technicians, etc. who does not fall under the preceding item: industrial health in general and outline of analysis conducted in relation to the working environment.

(11) Health laboratory technicians as provided for in paragraph 2 of Article 2 of the Law concerning Clinical Technologists, Health Laboratory Technicians, etc.: industrial health in general.

(12) A person who has obtained a license under the provisions of Article 2 of the Pharmacist Law (Law No. 146 of 1960): all subjects

(13) A person who has completed the course in environmental chemistry specified in the column of Attached Table 6 of the Enforcement Order of the Vocational Skills Development Law out of the specialized courses in advanced vocational training stipulated in Article 9 of the Enforcement Order of the Vocational Skills Development Law (including the specialized courses specified in Article 9 of the former Skills Development Ordinance, the specialized training courses in Attached Table 1 of the Enforcement Order of the Vocational Training Law before the 1985 amendment, and, of the special advanced training courses for the educational training in paragraph 1 of Article 9 of the Enforcement Order of the Vocational Training Law before its 1985 amendment, the environmental chemistry training in the column of training courses of Attached Table 3-2 of the former Skill Development Ordinance and Attached Table 3-2 of the Enforcement Order of the Vocational Training Law prior to amendment by ministerial ordinance in 1985 and Attached Table 3-2 of the Enforcement Order of the Vocational Training Law prior to amendment by ministerial ordinance in 1978 (including the Attached Table of the Ministerial Ordinance Specifying the Standards concerning the Educational Training Included in Special Advanced Training Courses before abrogation by the provisions of Article 2 of the Supplementary Provisions to Attached Table 3-2 of the Enforcement Order of the Vocational Skills Development Law (Ministry of Health, Labour and Welfare Ordinance No. 17 of 1975) based on Article 2 of the Supplementary Provisions to the Ministerial Ordinance to Partially Amend the Enforcement Order of the Vocational Training Law (Ministry of Labour Ordinance No. 7 of 1976), and has passed the skill examination (including skill examinations under the provisions of paragraph 1 of Article 12 of the Vocational Training Law prior to amendment by the Law to Partially Amend the Vocational Training Law (Law No. 56 of 1985) provided for in paragraph 1 of Article 21 of the Vocational Skills Development Law (including cases where the provisions of Article 26-2 of the said Law apply): those subjects concerning the basic knowledge and skills of working environment analysis (not including those concerning the skills for analyzing the working environment designated in Table 1 and those concerning the skills for analyzing the working environment designated in Table 2).

(14) A person who has obtained a license as a vocational training instructor in relation to the type of occupation of chemical analysis course listed in the column of licensed vocations under Attached Table 11 of the Enforcement Order of Vocational Training Law under the provisions of paragraph 1 of Article 28 of the Vocational Training Law: industrial health in general and outline of analysis conducted in relation to the working environment.

(15) A person who has passed the trade skill test under paragraph 1 of Article 62 of the Vocational Training Law concerning the occupation of chemical analysis listed in the Attached Table 1 of the Enforcement Order of Vocational Training Law (Cabinet Order No. 258 of 1969): outline of analysis conducted in relation to the working environment.

(16) A person who has passed the pollution prevention supervisor examination (except one for a pollution prevention supervisor to be stationed at a noise generating facility or vibration generating facility) or the chief pollution prevention supervisor examination under the provisions of Article 8 of the Law concerning the Maintenance of Pollution Prevention Organization at a Specified Factory (Law No. 107 of 1971): outline of analysis conducted in relation to the working environment.

(17) A health officer who has been appointed under the provision of paragraph 1 of Article 72 of the Industrial Safety and Health Law with experience of having been engaged in the practice of industrial health for five years or more (three years or more for those that have been licensed as an industrial hygiene engineering-health supervisor) and completed training on industrial health in general and on laws and ordinances related to industrial health as designated by the Minister of Health, Labour and Welfare: industrial health in general and laws and ordinances related to industrial health.

(18) An industrial health consultant as provided for in paragraph 2 of Article 81 of the Industrial Safety and Health Law: industrial health in general and laws and ordinances related to industrial health.

(19) A person who has the experience of having been engaged in the service of an expert officer in industrial health under paragraph 1 of Article 93 of the Industrial Safety and Health Law for five years or more and completed the training designated by the Director-General of the Labour Standards Bureau of the Ministry of Health, Labour and Welfare: all subjects except the subjects concerning analytical technique.

(20) A person who has the experience of having been engaged in the service of an expert officer in industrial health under paragraph 1 of Article 93 of the Industrial Safety and Health Law for three years or more: industrial health in general and laws and ordinances related to industrial health.

(21) A person who has the experience of having been engaged in the service of a labour standards inspector for seven years or more and completed the training designated by the Director-General of the Labour Standards Bureau of the Ministry of Health, Labour and Welfare: all subjects except the subjects concerning analytical technique.

(22) A person who has the experience of having been engaged in the service of labour standards inspector for three years or more: industrial health in general and laws and ordinances related to industrial health.

(23) A person who has previously passed the examination (including a person who has been recognized under the provisions of items 2 or 3 of paragraph 1 of Article 5 and a person who has been prescribed under the provisions of paragraph 1 of Article 2): all subjects except subjects concerning analytical technique.

(24) A person who has taken examinations in the subjects listed in items 1 through 4 of the preceding Article and attained a passing score in some subjects (limited to those taking examinations carried out within two years of the beginning of the month following the month in which the examination in the subject in which a passing score was attained was carried out): the subject in which said passing score was attained.

(Public Notice of the Date and Hour, etc., of Tests)

Article 18.     The date, hour and place of the test and other necessary matters related to the conduct of the test shall be made public in advance in the Official Gazette.

(Procedure of Taking Test)

Article 19.   An applicant for the test shall submit a Working Environment Measurement Expert Test Application (Form No. 5) accompanied with the documents listed below and a photograph to the person who conducts the test business as provided for in paragraph 1 of Article 20 of the Law (hereinafter referred to as "test business"):

(1) Document evidencing that the candidate falls under any of the items of Article 15 of the Law.

(2)  In a case of an applicant who intends to be exempted from part of the test, a document evidencing that the candidate falls under any of the items of Article 17.

2.  In a case where, in the preceding paragraph, the person who conducts the test business is the Minister of Health, Labour and Welfare, an applicant shall submit an application, the documents and a photograph through the Director General of the Prefectural Labour Bureau who has jurisdiction over the area in which the applicant has his domicile.

(Certificate)

Article 20.     The certificate shall follow Form No. 6.

(Reissue of Certificate)

Article 21. A person who has passed the test may, if the certificate is damaged, destroyed or lost, submit a Working Environment Measurement Expert Certificate Reissue Application (Form No. 7) accompanied with the said damaged certificate (in a case where of the certificate was destroyed or lost, documents stating the said fact) to the person who conducts the test business and thus obtain its reissue.

2.       Provisions of paragraph 2 of Article 19 shall apply mutatis mutandis to presentation under the provisions of the preceding paragraph. In this case "preceding paragraph" in the same paragraph of the same Article shall be read as "paragraph 1 of Article 21."

(Details of Test)

Article 22.   In addition to the provisions of the preceding eight articles, the scope of the subjects of the test, hours of the test and necessary details related to the conduct of the test shall be provided for by the Minister of Health, Labour and Welfare.