Enforcement Ordinance of the Working Environment Measurement Law

Chapter II. Working Environment Measurement Experts, etc.

Section 2.  Designated Testing Institutions

(Application for Designation)

Article 31.   A person who intends to obtain the designation as provided for in paragraph 1 of Article 20 of the Law shall submit an application stating the following items to the Minister of Health, Labour and Welfare:

(1) Appellation and address.

(2) Appellation and site of the office in which he intends to conduct the test business.

(3)  Date on which he intends to commence the test business.

2.       The application as provided for in the preceding paragraph shall be accompanied by the following documents:

(1)  The articles of association or incorporation or foundation and certified copy of registration. Certified copy of the articles of incorporation or the articles of association and the register.

(2)  List of property and balance sheet of the business year preceding the business year to which the date of application belongs.

(3) Business plans and estimates of revenue and expenditure for the business year to which the date of application belongs and the following business year.

(4) Document stating the full name and brief personal history of the officers.

(Notification of Alteration of Appellation of Designated Testing Institution, etc.)

Article 32.   A designated testing institution under the provision of paragraph 2 of Article 20 of the Law (hereinafter referred to as "designated testing institution") which intends to submit notification under the provision of paragraph 2 of Article 22 of the Law shall submit a notification stating the following items to the Minister of Health, Labour and Welfare:

(1) Appellation or address of designated testing institution or site of office in which the test business is to be conducted after the alteration.

(2)  Date on which it intends to make the alteration.

(3)  Reason for the alteration.

2.       The designated testing institution, shall, when it intends to establish or close the office in which the test business will be or is being conducted, submit a notification stating the following items to the Minister of Health, Labour and Welfare:

(1) Appellation and site of the office to be established or closed.

(2)  Date on which test business is intended to be commenced or closed in the office to be established or closed.

(3)  Reason for the establishment or closure.

3.       The designated testing institution shall, when it alters the appellation of the office in which the test business was being conducted, submit without delay notification in writing indicating the appellation of the office after the alteration and the date of alteration to the Minister of Health, Labour and Welfare.

4.       The Minister of Health, Labour and Welfare shall, when the notification under the preceding paragraph is submitted, make public the fact in the Official Gazette.

(Application for the Approval of Appointment and Release of Officers)

Article 33.     The designated testing institution shall, when it intends to obtain the approval under paragraph 1 of Article 23 of the Law, submit an application stating the following items to the Minister of Health, Labour and Welfare:

(1)  Full name and brief personal history of the officer related to the appointment or release.

(2)  Reason for the appointment or release.

(Qualification for Examiner)

Article 34.   A person who has the qualifications to be designated by the Ministry of Health, Labour and Welfare Ordinance under paragraph 2 of Article 24 of the Law shall be a person who falls under any of the following items:

(1)  A person who holds or held in the past the position of professor or assistant professor in charge of hygiene or subject related to the measurement of atmospheric environment or other environments at a university accredited under the School Education Law.

(2)  A person who has graduated upon completing a 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 atmospheric environment or other environments for 10 years or more thereafter at a research institute of the State, local public body, juridical person established under Article 34 of the Civil Code or other similar body.

(3)  A person who has been recognized to have the same or higher level of knowledge and experience with regard to working environment measurement compared with the persons listed in the preceding two items.

(Notification of Appointment or Release of an Examiner)

Article 35.     The designated testing institution which intends to submit notification as provided for in the first half of paragraph 3 of Article 24 of the Law shall submit notification, stating the full name of the working environment measurement expert examiner under paragraph 1 of the same Article (hereinafter referred to as "examiner"), his brief personal history, subjects of the test of which he is in charge and the reason for the appointment, to the Minister of Health, Labour and Welfare.

2.       The designated testing institution shall, when an alteration of the full name of an examiner takes place, when the institution alters the subject of the test of which the examiner was in charge, or releases the examiner, submit notification to that effect within 15 days from the said date to the Minister of Health, Labour and Welfare.

(Application for Approval of Test Business Rules)

Article 36.     The designated testing institution shall, when it intends to obtain approval under the first half of paragraph 1 of Article 25 of the Law, submit an application in writing accompanied with the test business rules related to the said approval.

(Contents of Test Business Rules)

Article 37.     Contents to be designated by test business rules under paragraph 3 of Article 25 of the Law shall be as follows:

(1)  Matters concerning the method of conducting the test.

(2)  Matters concerning the method of the receipt of fees.

(3)  Matters concerning the issue and reissue of certificates.

(4)  Matters concerning the maintaining of confidential information learned in relation to the test business.

(5)  Matters concerning the preservation of records and documents related to the test business.

(6)  Other matters necessary for the conducting of the test business.

(Application for Approval of Alteration of Test Business Rules)

Article 38.     The designated testing institution shall, when it intends to obtain approval as provided for in the second half of paragraph 1 of Article 25 of the Law, submit an application stating the following items to the Minister of Health, Labour and Welfare:

(1)  Matter to be altered.

(2)  Date of which the alteration is to be made.

(3)  Reason for the alteration.

(Report on Dismissal of a Dishonest Test Applicant)

Article 39.     The designated testing institution shall, when it has exercised the authority of the Minister of Health, Labour and Welfare as provided for in Article 17 of the Law under paragraph 2 of Article 20 of the Law, submit without delay a report stating the following items to the Minister of Health, Labour and Welfare:

(1) Content of disposal and the date of dismissal.

(2)  Full name, date of birth and address of the person dismissed.

(3)  Reason for the dismissal.

(Report on the Results of Test)

Article 40.     The designated testing institution shall, when it has conducted a test, submit to the Minister of Health, Labour and Welfare within two months from the date of the administration of the said test a Test Result Report (Form No. 11) accompanied with a list of the successful applicants stating full names, dates of birth, addresses, numbers of certificates of the successful applicants, and the classification of the test, whether class-1 or class-2, which they passed as well as, in the case of those who have passed the class-1 test, the subjects concerning analytical technique which they selected.

(Preparation and Preservation of Records)

Article 41.     The designated testing institution shall, when it has conducted a test, prepare and preserve, until it discontinues the business, records concerning the test business, records stating the full names, dates of birth, addresses, numbers of certificates of successful applicants, and the classification of the test, whether class-1 or class-2, which the applicants passed as well as, in the case of those who passed the class-1 test, the subjects concerning analytical technique which they selected.

(Application for the Permission to Suspend or Discontinue a Test Business)

Article 42.     The designated testing institution shall, when it intends to obtain permission under paragraph 1 of Article 29 of the Law, submit an application stating the following items to the Minister of Health, Labour and Welfare:

(1)  Scope of business concerning the test business which it intends to suspend or discontinue.

(2)  Date on which it intends to suspend or discontinue the whole or part of the business concerning the test business and, in case it intends to suspend the whole or part of the business concerning test business, the duration.

(3)  Reason for the intention to suspend or discontinue the whole or part of the business concerning the test business.

(Transfer of Test Business, etc.)

Article 43.     The designated testing institution shall, in a case where if falls under the provisions of paragraph 3 of Article 31 of the Law, conduct the following items:

(1) Transfer of test business to the Minister of Health, Labour and Welfare.

(2) Transfer of records and documents concerning test business to the Minister of Health, Labour and Welfare.

(3)  Other items the Minister of Health, Labour and Welfare deems to be necessary.