Working Environment Measurement Law

Section 1. Working Environment Measurement Expert

(Qualifications of Working Environment Measurement Experts)

Article 5.  Those who have passed the qualifying examination for working environment measurement experts (hereinafter referred to as the "examination") and have completed a training course conducted by the Director General of the Prefectural Labour Bureau or a training course conducted by a body designated by the Minister of Health, Labour and Welfare or the Director General of the Prefectural Labour Bureau (hereinafter referred to as the "training course") and those who are judged to have equivalent or superior capabilities to those who have completed the examination and training course and meet the requirements provided for by Ministry of Health, Labour and Welfare Ordinance shall be qualified to be working environment measurement experts.

(Disqualifying Provision)

Article 6.  Those who fall under any of the following categories shall not be eligible to be a working environment measurement expert:

(1) A person who has been adjudicated incompetent or quasi-incompetent.

(2) A person whose registration was canceled by virtue of the provisions of paragraph 2 of Article 12, and for whom two years have not elapsed since the date of cancellation.

(3) A person who, having violated the provisions of this Law or the Industrial Safety and Health Law (including ordinances thereunder), was sentenced to a fine or a penalty heavier than a fine and for whom two years have not elapsed since the date when the execution of the sentence was completed or the date when he ceased to be amenable to the execution of the sentence.

(Registration)

Article 7.  Those having the qualification for working environment measurement expert and wishing to become one shall do so by having the following items as provided for by Ministry of Health, Labour and Welfare Ordinance entered in the working environment measurement expert register:

(1) Registration date and number

(2) Name and date of birth

(3) Class

(4) Any other matters provided for by Ministry of Health, Labour and Welfare Ordinance.

(Working Environment Measurement Expert Register)

Article 8.  The working environment measurement expert register shall be kept at the Ministry of Health, Labour and Welfare.

2. The employer or other persons concerned may ask to peruse the register.

(Procedure of Registration)

Article 9.  Those wishing to obtain a place in the register stipulated in Article 7 shall submit an application form indicating the items listed in items 2 to 4 of the same article to the Minister of Health, Labour and Welfare.

2. The application form mentioned in the preceding paragraph shall, as provided for by Ministry of Health, Labour and Welfare Ordinance, be submitted together with the documents testifying to items 2 to 4 of Article 7, the applicant's photograph, and the certificates for the examination and training course stipulated in Article 16 which the applicant has passed and completed (or documents serving as such certificates in the case of the applicant approved to satisfy the requirements of Ministry of Health, Labour and Welfare Ordinance as provided for in Article 5).

3. The Minister of Health, Labour and Welfare shall, where he considers that the applicant is fully eligible to be a working environment measurement expert, promptly place him in the register mentioned in Article 7 upon receipt of the application filed in accordance with the provision of paragraph 1. However, if he considers that the applicant is not eligible, he shall reject the registration.

4. The Minister of Health, Labour and Welfare shall, where he considers that the application is not acceptable, inform the applicant accordingly without delay indicating the reasons for rejection.

(Certificate of Registration)

Article 10.  The Minister of Health, Labour and Welfare shall, after placing the applicant in the register mentioned in Article 7, issue to him the certificate of registration in which the items stipulated in the same article are stated.

(Prohibition of Transfer, etc., of Certificate of Registration)

Article 11.  The working environment measurement expert shall not transfer or lease his certificate of registration to any person.

(Cancellation of Registration, etc.)

Article 12.  Where the working environment measurement expert came under items 1 or 3 of Article 6 or the certificate for the examination is canceled in accordance with the provisions of Article 17, the Minister of Health, Labour and Welfare shall cancel the certificate concerned.

2. The Minister of Health, Labour and Welfare shall, where the working environment measurement expert has come under any of the following items, cancel the certificate of registration, or order to suspend the working environment measurement services at designated working places or to stop using the title for a certain fixed period of time:

(1) Malpractice committed in connection with the registration.

(2) Violation of the provisions of paragraph 1 of Article 4, preceding Article, or paragraph 4 of Article 44.

(3) Submission of false data in connection with the working environment measurement services.

(4) Violation of the condition or conditions stipulated in paragraph 1 of Article 48.

(5) Apart from those provided for in the preceding each item, any other malpractice committed in connection with the working environment measurement services (including the case where the expert participates in such measurement services as implemented by the working environment measurement agency).

(Deletion of Registration)

Article 13.  The Minister of Health, Labour and Welfare shall, where the registration becomes invalid or the holder discontinues the working environment measurement services, delete the registration.

(Examination)

Article 14.  The examination shall be conducted by the Minister of Health, Labour and Welfare.

2. The examination shall comprise the class-1 working environment measurement expert examination and the class-2 working environment measurement expert examination, and shall be carried out, as provided for by Ministry of Health, Labour and Welfare Ordinance, by written and oral examination or a written examination.

3. The Minister of Health, Labour and Welfare may, as provided for by Ministry of Health, Labour and Welfare Ordinance, exempt those who are in possession of the qualification as provided for by Ministry of Health, Labour and Welfare Ordinance from the whole or part of the written examination or the oral examination under the preceding paragraph.

(Qualifications for Examination)

Article 15.  No person other than those falling under any of the following items shall take the examination:

(1) Those who graduated in completing the regular course of science from a university or a higher technical school accredited under the School Education Law (Law No. 26 of 1947), and have experience of having engaged in industrial health service for one year or more thereafter.

(2) Those who graduated in completing the regular course of science from a high school or a secondary education school accredited under the School Education Law and have experience of having engaged in industrial health service for three years of more thereafter.

(3) Those, as provided for by Ministry of Health, Labour and Welfare Ordinance, who are deemed to have the same (or higher) ability as those mentioned in the preceding two items.

(Certificate for Examination and Training Course)

Article 16.  The Minister of Health, Labour and Welfare shall issue the certificate to those who have succeeded in the examination.

2. The Director General of the Prefectural Labour Bureau or the designated training institution stipulated in paragraph 2 of Article 32 shall issue a certificate of completion to those who have completed the training course.

(Cancellation of Certificate, etc.)

Article 17.  The Minister of Health, Labour and Welfare may, where any applicant took or attempted to take the examination by a dishonest means, cancel the certificate issued to him or prohibit him from taking the examination.

(Restriction on Use of Title)

Article 18.  The employer shall take measures necessary to prevent the propagation of those sounds or vibrations which may give workers in office rooms adverse effects, for example, by providing partitions.

2. The class-2 working environment measurement expert shall not use the title "Class-1 Working Environment Measurement Expert."

(Reference to Ministry of Health, Labour and Welfare Ordinance)

Article 19.  Subjects of the examination and training course, application for registration and any other matters not stipulated in this section which are related to the examination, training course and registration (including the certificate of registration for working environment measurement expert) shall be provided for by Ministry of Health, Labour and Welfare Ordinance.