Enforcement Ordinance of the Working Environment Measurement Law

Chapter II. Working Environment Measurement Experts, etc.

Section 3. Designated Training Institutions

(Application for Designation)

Article 44. A person who intends to obtain designation under paragraph 1 of Article 32 of the Law (hereinafter referred to in this Section as "designation"), shall submit a Designated Training Institution Designation Application (Form No. 12) accompanied by the documents listed below to the Director General of the Prefectural Labour Bureau who has the jurisdiction over the site in which the said person intends to conduct the training course related to the application or the training as provided for in paragraph 1 of Article 44 of the Law (hereinafter referred to as "training") (in a case where the sites in which it intends to conduct the training course or training extend over the territorial jurisdictions of two or more Prefectural Labour Bureaus, to the Minister of Health, Labour and Welfare; hereinafter in this Section referred to as "Director General of the competent Prefectural Labour Bureau, etc."):

(1) Articles of association or incorporation or foundation and a certified copy of the registration.

(2)  List of property and balance sheet for 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 following items:

a) Full name and brief personal history of officers and other persons who manage directly the training course or training.

b) Full name, and brief personal history of the lecturers of the training course or training concerning the application, and the subjects of the training course or training which they teach.

c) Types and numbers of machines, equipment, facilities, etc., to be used during the training course or training concerning the application, as well as their distinction as to ownership or lease.

d) In the case the person concerned is engaged in the business other than the business of training course or training, the kind and outline of the said business.

(Criteria Designation)

Article 45.     The criteria to be provided for by the Ministry of Health, Labour and Welfare Ordinance under paragraph 3 of Article 46 of the Industrial Safety and Health Law which shall apply mutatis mutandis in paragraph 2 of Article 32 of the Law shall be provided for as follows:

(1)  It shall be the Japan Industrial Safety and Health Association, Industrial Accident Prevention Association, juridical person established under Article 34 of the Civil Code or other juridical person similar to the above.

(2)  A person shall be posted who is directly engaged in the management of the training course or training.

(3)  The number of lecturers of the training course or training who have the qualifications as provided for by the Minister of Health, Labour and Welfare shall be as many as or more than the number necessary for the business of the training course or training concerning the application.

(4) Machines, equipment, facilities, etc., necessary for the training course or training concerning the application shall be installed.

(5)  The body concerned shall have the financial basis necessary for the fair and smooth conducting of the business of the training course or training.

(6)  In a case where it is engaged in a business other than the training course or training, there should be no danger of the lack of fairness in the training course or training because of the conducting of the said business.

(7)  The fair and smooth conducting of the training course or training concerning the application should not be damaged by the said designation.

(Application for the Approval of Business Rules)

Article 46.     The designated training institution shall, when it intends to obtain approval under the first part of paragraph 1 of Article 48 of the Industrial Safety and Health Law which shall apply mutatis mutandis in paragraph 2 of Article 32 of the Law, submit a Designated Training Institution Business Rules Approval Application (Form No. 13) accompanied with the business rules concerning the said application to the Director General of the competent Prefectural Labour Bureau, etc.

(Contents of Business Rules)

Article 47.     Items to be provided for in the business rules under paragraph 2 of Article 48 of the Industrial Safety and Health Law which shall apply mutatis mutandis in paragraph 2 of Article 32 of the Law shall be as follows:

(1)  Matters concerning the appointment and release of lecturers of the training course or training.

(2)  Matters concerning the subjects, hours and methods of the training course or training;.

(3)  Matters concerning the amount of the fees for the training course, etc., and their method of receipt.

(4)  Matters concerning the issuance of certificates of completion of the training course or certificates of completion of training under paragraph 3 of Article 69 (referred to as "certificate of completion of training" in Article 49 and 50).

(5)  Matters concerning the preservation of records and documents related to the business of the training course or training.

(6)  Other matters necessary for the business of the training course or training.

(Application for Approval of an Alteration in Business Rules)

Article 48.     The designated training institution shall, when it intends to obtain the approval under the second half of paragraph 1 of Article 48 of the Industrial Safety and Health Law which shall apply mutatis mutandis in paragraph 2 of Article 32 of the Law, submit a Designated Training Institution Business Rules Alteration Approval Application (Form No. 14) to the Director General of the competent Prefectural Labour Bureau, etc.

(Report on the Results of the Training Course, etc.)

Article 49.     The designated training institution shall, when it conducts a training course or training, submit a Training Course or Training Result Report (Form No. 15) accompanied with a list of the persons who have completed the training course or training which states the full names, dates of birth, addresses and numbers of certificates of completion of the training course or certificates of completion of training of the persons who completed the training course or training as well as the subjects of the training course or training which they completed, to the Director General of the competent Prefectural Labour Bureau, etc.

(Preparation and Preservation of Records)

Article 50.     The designated training institution shall, when it has conducted a training course or training, prepare and preserve, until it discontinues the business of training courses or training, records stating the full names, dates of birth, addresses, dates of the completion, numbers of certificates of completion of the training courses or certificates of completion of training of the persons who completed the training courses or training as well as the subjects of the training course or training which they completed.

(Report of the Discontinuance of Business, etc.)

Article 51.     The designated training institution shall, when it discontinues the business of the training courses or training, submit a report stating the said fact accompanied by a copy of the record as provided for in the preceding Article to the Director General of the competent Prefectural Labour Bureau, etc.

2.       The designated training institution shall, when its designation is cancelled under the provisions of paragraphs 1 or 2 of Article 53 of the Industrial Safety and Health Law which shall apply mutatis mutandis in paragraph 2 of Article 32 of the Law, submit a copy of the record under the preceding Article to the Director General of the competent Prefectural Labour Bureau, etc.