Working Environment Measurement Law

Section 2. Designated Testing Institution

(Designation)

Article 20.  The Minister of Health, Labour and Welfare shall entrust the execution of business related to the examination (hereinafter referred to as the "test business") to the person who is designated after screening the applications for designation.

2. When the designation stipulated in the preceding paragraph (hereinafter referred to as the "designation" in this section) is given to any applying person (hereinafter referred to as the "designated testing institution"), the designated testing institution may exercise the authority of the Minister of Health, Labour and Welfare in connection with holding the examination, as provided for in Article 17.

3. The Minister of Health, Labour and Welfare shall not undertake the test business in case he has entrusted the designated testing institution with its execution.

(Criteria for Designation)

Article 21.  The Minister of Health, Labour and Welfare shall effect the designation after examining whether the conditions given in the following items are satisfied by the application for designation:

(1) The plan of the execution of the test business formulated by the applying institution in respect to the staff, facilities, the method of execution of the test business and other matters is suited for proper and reliable execution of the test business.

(2) The applying institution has a financial and technical footing which is secure enough for proper and reliable execution of the plan of execution of the test business.

2. The Minister of Health, Labour and Welfare shall not make any designation if the application falls under any of the following items:

(1) The applicant has already been designated by another authority.

(2) The applying institution is not a juridical person established in accordance with the provisions of Article 34 of the Civil Code (Law No. 89 of 1896).

(3) Fair and proper execution of the test business is liable to be disturbed by other business undertaken by the applying institution.

(4) The applying institution is a person whose designation was canceled in virtue of the provisions of Paragraph 1 of Article 30 and for whom two years have not elapsed since the date of cancellation.

(5) One of the officers of the applying institution falls under any of the following categories.

1. A person who, having violated the provisions of this Law or the Industrial Safety and Health Law (or orders issued for the working of either Law), 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.
   
   
2. A person who was dismissed by orders issued in accordance with the provision of paragraph 2 of Article 23, and for whom two years have not elapsed since the day of the dismissal.

(Public Announcement of Designation)

Article 22.  The Minister of Health, Labour and Welfare shall, where he has effected the designation, announce in the Official Gazette the name and the address of the designated testing institution, the address of the office which executes the test business, and the date on which the designated agency is to start the test business.

2. In case the designated testing institution wishes to change its name or address or the address of the office which carries out the test business, it shall inform the Minister of Health, Labour and Welfare accordingly in advance.

3. The Minister of Health, Labour and Welfare shall, upon receipt of the notification mentioned in the preceding paragraph, announce the same in the Official Gazette.

(Election and Dismissal of Officers)

Article 23.  Election and dismissal of the officers of the designated testing institution shall have no effect unless approved by the Minister of Health, Labour and Welfare.

2. In case any officer of the designated testing institution runs counter to this Law or the Industrial Safety and Health Law (including the orders issued for the working of either Law) or the test business regulations stipulated in paragraph 1 of Article 25, or commits an extreme malpractice in connection with the test business, the Minister of Health, Labour and Welfare may order the designated testing institution to dismiss the said officer.

(Working Environment Measurement Expert Examiner)

Article 24.  In the execution of the test business, the designated testing institution shall assign the examiner of working environment measurement experts (hereinafter referred to as the "examiner") to the task of passing judgement as to whether the applicant has knowledge and capabilities required of the working environment measurement expert.

2. The examiner shall be appointed from among the persons satisfying the conditions stipulated in Ministry of Health, Labour and Welfare Ordinance relating to the knowledge about and experience in the working environment measurement services.

3. When the designated testing institution appoints an examiner, it shall inform the Minister of Health, Labour and Welfare accordingly within 15 days after the appointment. The same shall apply where it replaced him.

5. No examiner dismissed by orders stipulated in the preceding paragraph shall be reappointed within two years after the day of dismissal.

(Test Business Rules)

Article 25.  The designated testing institution shall lay down rules concerning the execution of the test business (hereinafter in this Section referred to as the "test business rules"), and receive the approval of the Minister of Health, Labour and Welfare, before it starts in the test business. The same shall apply where it is going to alter them.

2.  The Minister of Health, Labour and Welfare may, where he considers that the test business rules approved in the preceding paragraph have become inappropriate for proper and reliable execution of the test business, order the alteration of the test business rules.

3.  The matters to be stipulated in the test business rules shall be provided for by Ministry of Health, Labour and Welfare Ordinance.

(Approval of a Business Plan, etc)

Article 26.  The designated testing institution shall prepare a business plan and revenue and expenditure estimates for each business year and receive the approval of the Minister of Health, Labour and Welfare before the commencement of that business year (or without delay after designation in the business year to which the date of designation belongs). The same shall apply where it is going to alter them.

2.  The designated testing institution shall, within three months after the end of each business year, prepare and submit to the Minister of Health, Labour and Welfare the business report and the settlement of accounts for that business year.

(Responsibility for Confidentiality, etc.)

Article 27.  An officer and a member of the staff (including a license examiner) of the designated testing institution and all persons who held such a post must not reveal to any person confidential information which learned in the course of the conducting of the test business.

2.  An officer or a member of the staff (including a license examiner) of the designated testing institution who is engaged in the test business shall be regarded as a member of the staff engaged in public service under the laws and regulations, in respect of the application of the Penal Code (Law No. 45 of 1907) and other penal provisions.

(Supervision and Dispatch of Orders)

Article 28.  The Minister of Health, Labour and Welfare may, where he deems it necessary for the enforcement of this Law, dispatch necessary orders to the designated testing institution for the supervision of its test business.

(Suspension or Discontinuance of the Test Business)

Article 29.  The designated testing institution shall neither suspend nor discontinue the whole or part of the test business without permission from the Minister of Health, Labour and Welfare.

2.  In case the Minister of Health, Labour and Welfare gives the permission mentioned in the preceding paragraph, he shall announce accordingly in the Official Gazette.

(Cancellation of Designation, etc.)

Article 30.  Where the designation examination agency comes under any of the following items, the Minister of Health, Labour and Welfare shall cancel the designation concerned or order suspension of the whole or part of its activities related to the test business for a certain fixed period of time:

(1)  Where it has committed malpractice in connection with the gaining of designation.

(2)  Where it has violated any of the provisions of this Section.

(3)  Where it has come under item 5 of paragraph 2 of Article 21.

(4)  Where it has contravened the order issued under the provisions of paragraph 2 of Article 23, paragraph 4 of Article 24, paragraph 2 of Article 25, or Article 28.

(5)  Where it has conducted the test business without conforming to the test business rules approved under the provisions of paragraph 1 of Article 25.

(6)  Where it has violated the conditions referred to in paragraph 1 of Article 48.

2.  When the Minister of Health, Labour and Welfare has canceled the designation in accordance with the provisions of the preceding paragraph or ordered the partial or total suspension of the activities related to the test business, he shall announce accordingly in the Official Gazette.

(Execution of the Test Business by the Minister of Health, Labour and Welfare)

Article 31.  The Minister of Health, Labour and Welfare shall, where he deems it necessary, carry out the test business himself;

(1)  Where the designated testing institution suspended the whole or part of the activities related to the test business under the provisions of paragraph 1 of Article 29.

(2)  Where the Minister of Health, Labour and Welfare ordered the designated testing institution to suspend the whole or part of the activities related to the test business under the provisions of paragraph 1 of the preceding Article.

(3)  Where it became difficult by reason of some natural calamity or other causes for the designated testing institution to carry out the test business.

2.  In case the Minister of Health, Labour and Welfare is to carry out the test business himself under the provision of the preceding paragraph or to suspend the said test business, he shall announce it in advance in the Official Gazette.

3.  When the Minister of Health, Labour and Welfare is to carry out the test business himself under the provisions of paragraph 1 or permits discontinuation of the activities related to the test business as provided for in paragraph 1 of Article 29 or cancels the designation in accordance with the provisions of paragraph 1 of the preceding Article, the transfer of test business and other necessary matters shall be provided for by Ministry of Health, Labour and Welfare Ordinance.