Ordinance on Industrial Safety and Health(Order of the Ministry of Labour No. 32 of 1972)
Last Version: Order of the Ministry of Health, Labour and Welfare No. 185 of 2006
TOC
History

  • November 16, 2021
    • Last Version: Order of the Ministry of Health, Labour and Welfare No. 185 of 2006
    • Translated Date: August 31, 2021
    • Dictionary Version: 14.0

Ordinance on Industrial Safety and Health (Appended Tables 2, 5 and 9: as amended up to the Order of the Ministry of Health, Labour and Welfare No. 23 of 2009)
Order of the Ministry of Labour No. 32 of September 30, 1972
The Ordinance on Industrial Safety and Health is hereby enacted as follows based on the Industrial Safety and Health Act (Act No. 57 of 1972) and the Enforcement Order of Industrial Safety and Health Act (Cabinet Order No. 318 of 1972) and for the implementation of the Act.
Table of Contents
Part I General Rules
Chapter I General Provisions(Article 1)
Chapter II System for Safety and Health Management
Section 1 General Safety and Health Supervisor(Articles 2 through 3-2)
Section 2 Safety Officer(Articles 4 through 6)
Section 3 Health Supervisor(Articles 7 through 12)
Section 3-2 Safety and Health Promoter and Health Promoter(Articles 12-2 through 12-4)
Section 4 Industrial Physicians(Articles 13 through 15-2)
Section 5 Operations Chief(Articles 16 through 18)
Section 6 Overall Safety and Health Controller, Principal Safety and Health Supervisor, Site Safety and Health Supervisor, and Safety and Health Controller(Articles 18-2 through 20)
Section 7 Safety Committee and Health Committee and Other Committees(Articles 21 through 23-2)
Section 8 Publication of Guidelines(Article 24)
Section 8-2 Guidelines for Promotion of Voluntary Activities(Article 24-2)
Chapter II-2 Measures Related to the Rescue of Workers(Articles 24-3 through 24-9)
Chapter II-3 Publication of Technical Guidelines(Article 24-10)
Chapter II-4 Investigations of Danger or Harm(Articles 24-11 and 24-12)
Chapter III Regulations Concerning Machines, etc., and Dangerous Goods and Toxic Substances
Section 1 Regulations Concerning Machines, etc.(Articles 25 to 29-2)
Section 2 Regulations Concerning Dangerous Goods and Toxic Substances(Articles 30 through 34-21)
Chapter IV Safety and Health Education(Articles 35 through 40-3)
Chapter V Restriction on Employment(Articles 41 and 42)
Chapter VI Measures for Maintaining and Promoting Workers' Health
Section 1 Working Environment Measurement(Articles 42-2 and 42-3)
Section 1-2 Medical Examinations(Articles 43 through 52)
Section 1-3 Face-to-Face Guidance(Articles 52-2 through 52-8)
Section 2 Personal Health Record(Articles 53 through 60)
Section 3 Prohibition of Employment of Sick Persons(Article 61)
Section 4 Publication of Guidelines(Article 61-2)
Chapter VI-2 Measures for the Establishment of a Comfortable Working Environment(Article 61-3)
Chapter VII Licenses
Section 1 License(Articles 62 through 72)
Section 2 Practical Training(Articles 73 through 77)
Section 3 Skills Training Course(Articles 78 through 83)
Chapter VIII Safety and Health Improvement Plan(Article 84)
Chapter IX Inspections(Articles 84-2 to 98-3)
Chapter X Miscellaneous Provisions(Articles 99 and 100)
Part II Safety Standards
Chapter I Prevention of Dangers Due to Machines
Section 1 General Standards(Articles 101 through 111)
Section 2 Machine Tool(Articles 112 through 121)
Section 3 Wood Processing Machine(Articles 122 through 130)
Section 4 Press Machine and Shearing Machine(Articles 131 through 137)
Section 5 Centrifugal Machine(Articles 138 through 141)
Section 6 Crushing Machine and Mixer(Articles 142 and 143)
Section 7 Rolling Mills(Articles 144 through 148)
Section 8 High Speed Rotating Body(Articles 149 through 150-2)
Section 9 Industrial Robot(Articles 150-3 through 151)
Chapter I-2 Material Handling Machines
Section 1 Vehicle Type Material Handling Equipment
Subsection 1 General Provisions(Articles 151-2 through 151-15)
Subsection 2 Forklifts(Articles 151-16 through 151-26)
Subsection 3 Shovel-Loaders(Articles 151-27 through 151-35)
Subsection 4 Straddle Carriers(Articles 151-36 through 151-42)
Subsection 5 Transporting Vehicles on Rough Terrain(Articles 151-43 through 151-58)
Subsection 6 In-yard Transporting Machines(Articles 151-59 through 151-64)
Subsection 7 Trucks(Articles 151-65 through 151-76)
Section 2 Conveyors(Articles 151-77 through 151-83)
Chapter II Construction Machines
Section 1 Vehicle Type Construction Machines
Subsection 1 Structure(Articles 152 and 153)
Subsection 2 Prevention of Dangers Pertaining to the Use of a Vehicle Type Construction Machine(Articles 154 through 166)
Subsection 3 Periodical Self-inspections(Articles 167 through 171)
Subsection 4 Concrete Pump Vehicles(Articles 171-2 and 171-3)
Subsection 5 Breakers(Article 171-4)
Section 2 Pile Drivers, Pile Drawers, and Boring Machines(Articles 172 through 194-3)
Section 2-2 Jack-Type Lifting Machines(Articles 194-4 through 194-7)
Section 2-3 Vehicles for Work at Height(Articles 194-8 through 194-28)
Section 3 Railway Equipment and Hand Carts
Subsection 1 General Provisions(Article 195)
Subsection 2 Rail Tracks(Articles 196 through 207)
Subsection 3 Vehicles(Articles 208 through 214)
Subsection 4 Winching System(Articles 215 through 218)
Subsection 5 Prevention of Dangers Pertaining to the Use of Railway Equipment(Articles 219 through 227)
Subsection 6 Periodical Self-inspections(Articles 228 through 233)
Subsection 7 Hand Carts(Articles 234 through 236)
Chapter III Concrete Form Shoring
Section 1 Materials(Articles 237 through 239)
Section 2 Measures in the Case of Assembling(Articles 240 through 247)
Chapter IV Prevention of Explosions and Fires
Section 1 Prevention of Explosions and Fires Due to Molten High-Temperature Substances(Articles 248 through 255)
Section 2 Handling of Dangerous Goods(Articles 256 through 267)
Section 3 Chemical Facilities(Articles 268 through 278)
Section 4 Control of Fires(Articles 279 through 292)
Section 5 Drying Equipment(Articles 293 through 300)
Section 6 Acetylene Welding Equipment and Gas Welding Equipment Using Manifold
Subsection 1 Acetylene Welding Equipment(Articles 301 through 307)
Subsection 2 Gas Welding Equipment Using Manifold(Articles 308 through 311)
Subsection 3 Management(Articles 312 through 317)
Section 7 Blasting Work(Articles 318 through 321)
Section 7-2 Concrete Breaking Work(Articles 321-2 through 321-4)
Section 8 Miscellaneous Provisions(Articles 322 through 328-5)
Chapter V Prevention of Dangers Due to Electricity
Section 1 Electric Machine and Appliance(Articles 329 through 335)
Section 2 Wiring and Movable Electric Cable(Articles 336 through 338)
Section 3 Power Cut Operation(Articles 339 and 340)
Section 4 Live Line Work and Work Close to Live Line(Articles 341 through 349)
Section 5 Management(Articles 350 through 353)
Section 6 Miscellaneous Provisions(Article 354)
Chapter VI Prevention of Dangers in Excavating Work
Section 1 Open-Cut Excavating Work
Subsection 1 Time and Procedure of Excavating Work(Articles 355 through 367)
Subsection 2 Shoring(Articles 368 through 375)
Subsection 3 Operation in Caissons(Articles 376 through 378)
Section 2 Construction Work of Tunnels
Subsection 1 Investigations(Articles 379 through 383-5)
Subsection 1-2 Prevention of Dangers Due to Cave-in and Collapse of Natural Ground(Articles 384 through 388)
Subsection 1-3 Prevention of Explosions and Fires(Articles 389 through 389-6)
Subsection 1-4 Evacuations(Articles 389-7 through 389-11)
Subsection 2 Tunnel Shoring(Articles 390 through 396)
Subsection 3 Tunnel Concrete Form Shoring(Articles 397 and 398)
Section 3 Quarrying Work
Subsection 1 Investigation and Quarrying Work Plan(Articles 399 through 406)
Subsection 2 Prevention of Dangers Due to Collapse of Natural Ground(Articles 407 through 412)
Subsection 3 Prevention of Dangers Due to Transporting Machines(Articles 413 through 416)
Chapter VII Prevention of Dangers in Cargo Handling Works
Section 1 Freight Handling Works
Subsection 1 Loading and Unloading(Articles 417 through426)
Subsection 2 Making and Breaking Cargo Piles(Articles 427 through 448)
Section 2 Stevedoring Work
Subsection 1 Facilities for Passage(Articles 449 through 454)
Subsection 2 Loading and Unloading of Cargo(Articles 455 through 464)
Subsection 3 Handling of Cargo Lifting Appliances(Articles 465 through 476)
Chapter VIII Prevention of Dangers in Tree Felling Work
Section 1 Tree Felling and Logging(Articles 477 through 484)
Section 2 Log Conveying Work by Wooden Sleighs and Snow Sledges(Articles 485 through 497)
Section 3 Skyline Logging Cable Crane and Logging Cableway(Articles 498 through 517)
Chapter VIII-2 Prevention of Dangers in Assembling Steel Frame of Buildings(Articles 517-2 through 517-5)
Chapter VIII-3 Prevention of Dangers in Installing Steel Bridges(Articles 517-6 through 517-10)
Chapter VIII-4 Prevention of Dangers in Assembling Wooden Buildings(Articles 517-11 through 517-13)
Chapter VIII-5 Prevention of Dangers in Demolishing Concrete Structures(Articles 517-14 through 517-19)
Chapter VIII-6 Prevention of Dangers in Installing Concrete Bridges(Articles 517-20 through 517-24)
Chapter IX Prevention of Dangers Due to Falls, Flying Objects, and Collapse
Section 1 Prevention of Dangers Due to Falls(Articles 518 through 533)
Section 2 Prevention of Dangers Due to Flying Objects and Collapse(Articles 534 through 539)
Chapter X Passage and Scaffolding
Section 1 Passage(Articles 540 through 558)
Section 2 Scaffolding
Subsection 1 Materials(Articles 559 through 563)
Subsection 2 Prevention of Dangers in Assembling Scaffolding(Articles 564 through 568)
Subsection 3 Log Scaffolding(Article 569)
Subsection 4 Steel Pipe Scaffolding(Articles 570 through 573)
Subsection 5 Hanging Scaffolding(Articles 574 and 575)
Chapter XI Working Platform(Articles 575-2 through 575-8)
Chapter XII Prevention of Dangers Due to Debris Flow(Articles 575-9 through 575-16)
Part III Health Standards
Chapter I Harmful Working Environment(Articles 576 through 592)
Chapter I-2 Work Pertaining to Incineration Facilities of Waste Material(Articles 592-2 through 592-7)
Chapter II Personal Protective Equipment(Articles 593 through 599)
Chapter III Cubic Volume of Air and Ventilation(Articles 600 through 603)
Chapter IV Lighting and Illumination(Articles 604 and 605)
Chapter V Temperature and Humidity(Articles 606 through 612)
Chapter VI Rest(Articles 613 through 618)
Chapter VII Cleanliness(Articles 619 through 628)
Chapter VIII Dining Hall and Kitchen(Articles 629 through 632)
Chapter IX First Aid Supplies(Articles 633 and 634)
Part IV Special Regulations
Chapter I Special Regulations Concerning Specified Principal Employers(Articles 634-2 to 664)
Chapter II Special Regulations Concerning Lessors of Machines(Articles 665 through 669)
Chapter III Special Regulations Concerning Lessors of Buildings(Articles 670 through 678)
Supplementary Provisions
Part I General Rules
Chapter I General Provisions
(Joint Venture)
Article 1(1)The appointment of a representative pursuant to the provisions of Article 5, paragraph (1) of the Industrial Safety and Health Act (hereinafter referred to as "the Act") must be made by taking into account the extent of responsibilities in carrying out the work undertaken, such as the person's contribution ratio.
(2)The person who seeks to make a notification pursuant to the provisions of Article 5, paragraph (1) of the Act must submit the notification using Form No. 1 to the Director of the Prefectural Labour Bureau that has jurisdiction over the place where the work pertaining to the notification is carried out, within 14 days before the date on which the work is to commence.
(3)The person who seeks to give a notification pursuant to the provisions of Article 5, paragraph (3) of the Act, without delay after there has been a change in the representative, must submit the notification using Form No. 1 to the Director of the Prefectural Labour Bureau under the preceding paragraph.
(4)The submission of the notification pursuant to the provisions of the preceding two paragraphs is to be made through the Chief of the Labour Standards Inspection Office that has jurisdiction over the place where the work is carried out.
Chapter II System for Safety and Health Management
Section 1 General Safety and Health Supervisor
(Appointment of General Safety and Health Supervisor)
Article 2(1)The appointment of a general safety and health supervisor pursuant to the provisions of Article 10, paragraph (1) of the Act must be made within 14 days from the date when reasons for appointing a general safety and health supervisor have arisen.
(2)When having appointed a general safety and health superviosr, the employer must submit a report using Form No. 3 without delay to the Chief of the Labour Standards Inspection Office that has jurisdiction over the place where the workplace is located (hereinafter referred to as the "Chief of the competent Labour Standards Inspection Office").
(Substitute General Safety and Health Manager)
Article 3When the general safety and health supervisor is unable to execute their duties due to travel, illness, and accident or for any other unavoidable grounds, the employer must appoint a deputy supervisor.
(Work Generally Managed by General Safety and Health Supervisor)
Article 3-2The work prescribed by the Order of the Ministry of Health, Labour and Welfare set forth in Article 10, paragraph (1), item (v) of the Act is as follows:
(i)matters related to the announcement of a safety and health policy;
(ii)matters related to the investigation of danger or harm, etc., set forth in Article 28-2, paragraph (1) of the Act, and the measures to be taken based on the results of the investigation; and
(iii)matters related to the formulation, implementation, evaluation and improvement of a safety and health plan.
Section 2 Safety Officer
(Appointment of a Safety Officer)
Article 4(1)The appointment of the safety officers pursuant to the provisions of Article 11, paragraph (1) of the Act must be made as prescribed below:
(i)to appoint a person within 14 days from the date when the grounds necessitating appointment of a safety officer have arisen;
(ii)to appoint a person who is exclusively assigned to the workplace; provided, however, that this does not apply when two or more safety officers are to be appointed and persons listed in item (ii) of the following Article are included in those safety officers;
(iii)for the workplace among the chemical facilities (meaning the chemical facilities listed in Article 9-3, item (i) of the Enforcement Order of Industrial Safety aHealth Act (hereinafter referred to as the "Order"), the same applies hereinafter), the one such as a reactor, etc., in which the exothermal reaction arises or due to similar abnormal conditions that explosions, fires, etc. is likely to arise (excluding piping; hereinafter referred to as "special chemical facilities") which are designated by the Director of the Prefectural Labour Bureau that has jurisdiction over the workplace (hereinafter referred to as "Director of the competent Prefectural Labour Bureau") (hereinafter referred to as "designated workplaces"), to appoint the necessary number of safety officers for supervising the technical matters pertaining to safety out of the duties prescribed in each item of Article 10, paragraph (1) at all times during operations for the unit of production facilities designated by the Director the Prefectural Labour Bureau; and
(iv)for the workplace regularly employing the number of workers equal to more than the number listed in the right column of the following Table in accordance with the business type listed in the middle column of the same Table, to appoint at least one person as a fulltime safety officer among those appointed to supervise the technical matters concerning the safety among those works set forth in each item of Article 10, paragraph (1) of the Act; provided, however, that in the business type falling under category 4 of the same Table, this is limited only to the workplace in which there has been a total of more than 100 workers who have died or injured and have taken temporarily absence from work for one day or more due to industrial accidents in the past three years.
1
Construction industry
300
Organic chemical product manufacturing industry
Petroleum product manufacturing industry
2
Inorganic chemical product manufacturing industry
500
Chemical fertilizer manufacturing industry
Road freight transport industry
Port transport industry
3
Paper and pulp manufacturing industry
1000
Iron and steel industry
Shipbuilding industry
4
Type of industry prescribed in Article 2, items (i) and (ii) of the Order (excluding types of industry prescribed in row 1 through 3)
2000
(2)The provisions of Article 2, paragraph (2) and Article 3 apply mutatis mutandis to safety officers.
(Qualification of Safety Officers)
Article 5A person who has the qualifications prescribed by Order of the Ministry of Health, Labour and Welfare set forth in Article 11, paragraph (1) of the Act is as follows:
(i)a person who falls under any of the following categories and who completed a training course specified by the Minister of Health, Labour and Welfare that provides the knowledge necessary to supervise technical matters pertaining to safety among the work listed in each item of Article 10, paragraph (1) of the Act;
(a)a person who has completed and graduated from the long-term course of regular science courses of a university (including a university under the former University Ordinance (Imperial Ordinance No. 388 of 1918; the same applies hereinafter) or a technical college (including a technical college under the former Professional School Ordinance (Imperial Ordinance No. 61 of 1903); the same applies hereinafter) (including the Human Resource Development and Promotion University (including the Human Resource Development and Promotion University under the Human Resource Development Promotion Act (Act No. 64 of 1969) and Act on Partial Revision of the Employment Promotion Corporation (Act No. 67 of 1992) before amended by the Human Resource Development and Promotion University under the Human Resource Development Promotion Act and Act on Partial Revision of the Employment Promotion Corporation (Act No. 45 of 1997), the same applies hereinafter) and has business experience of having been engaged in the industrial safety service for two years or longer thereafter.
(b)a person who has completed and graduated from the regular course of science of a senior high school (including a secondary school under the former Secondary School Ordinance (Imperial Ordinance No. 36 of 1943); the same applies hereinafter) or a secondary education school under the School Education Act and has business experience of having been engaged in industrial safety service for four years or longer.
(ii)industrial safety consultants;
(iii)in addition to those persons listed in the preceding two items, a person who is specified by the Minister of Health, Labour and Welfare.
(Inspection by the Safety Officer and Grant of Their Authorization)
Article 6(1)A safety officer must inspect workshops, etc., and immediately take necessary measures to prevent dangers when there are indications of such dangers in facilities or working methods, etc.
(2)The employer must grant the safety officer the authority to take measures concerning safety.
Section 3 Health Supervisor
(Appointment of Health Supervisor)
Article 7(1)The appointment of health supervisors pursuant to the provisions of Article 12, paragraph (1) of the Act mut be made as prescribed below:
(i)to appoint a person within 14 days from the date when grounds necessitating appointment of a health supervisor have arisen.
(ii)to appoint a person who is exclusively assigned to the workplace; provided, however, that this does not apply to one of the persons when two or more health supervisors are appointed and persons listed in Article 10, item (iii) are included in those health supervisors.
(iii)to appoint persons from among those listed in the following items, in accordance with the category for each business type:
(a)in the industries of agriculture, forestry, livestock raising, fisheries, mining, construction, manufacturing (including processing of things), electric power, gas supply, water supply, heating supply, transport, automobile servicing, machine servicing, medical repairing services, and cleaning:those having the class-1 health supervisor's license, the health supervisor's license on industrial hygiene or those listed in each item of Article 10;
(b)in other business types:those having the class-1 health supervisor's license, the class-2 health supervisor's license, the health officer's license on industrial hygiene or those listed in the items of Article 10;
(iv)to appoint the number of health supervisors equal to or more than the number shown on the right column of the following Table in accordance with the size of each workplace shown on the left column of the same Table.
Size of Workplace (Number of Regular Employees)
Number of Health Supervisors
50 or more and 200 or less
1
More than 200 and 500 or less
2
More than 500 and 1,000 or less
3
More than 1,000 and 2,000 or less
4
More than 2,000 and 3,000 or less
5
More than 3,000
6
(v)for the workplaces falling under the following categories, to appoint at least one full-time health supervisor:
(a)those workplaces regularly employing more than 1,000 workers;
(b)those workplaces regularly employing more than 500 workers, of which 30 or more workers are regularly engaged in underground work or work designated in the items of Article 18 of the Enforcement Order of the Labor Standards Act (Ministry of Health and Welfare Order No. 23 of 1947);
(vi)in those workplaces regularly employing more than 500 workers, of which 30 or more workers are engaged in underground work or work listed in Article 18, item (i), items (iii) to (v) or item (ix) of the Enforcement Order of the Labor Standards Act, to appoint one health supervisor who has obtained a health supervisor's license on industrial hygiene.
(2)The provisions of Article 2, paragraph (2) and Article 3 apply mutatis mutandis to health supervisors.
(Special Provision for the Appointment of Health Supervisors)
Article 8The employer may not comply with the provisions of paragraph (1) of the preceding Article when there are unavoidable grounds whereby the employer is unable to appoint a health supervisor under that provision and has obtained the permission of the Director of the competent Prefectural Labour Bureau.
(Appointment of a Common Health Supervisor)
Article 9A Director of the Prefectural Labour Bureau may, when the Director finds it necessary, recommend the appointment of a common health supervisor for the two or more workplaces where the appointment of a health supervisor for one workplace is not necessary and the two or more such workplaces are located in the same area, through deliberation with the Local Labour Council.
(Qualifications of a Health Supervisor)
Article 10A person who has the qualifications prescribed by the Order of the Ministry of Health, Labour and Welfare set forth in Article 12, paragraph (1) of the Act is as follows:
(i)physician;
(ii)dentist;
(iii)industrial health consultant; and
(iv)in addition to those persons listed in the preceding three items, those specified by the Minister of Health, Labour and Welfare.
(Periodical Inspection by the Health Supervisor and Grant of Their Authorization)
Article 11(1)The health supervisor must inspect workshops, etc., at least once a week and immediately take necessary measures to prevent the impairment of workers' health when there is a risk of harmful effects due to the design of the facilities, working methods or in health conditions of those workshops.
(2)The employer must grant the health supervisor the authority required to take measures necessary to prevent health impairment.
(Administration of Industrial Health Engineering Matters)
Article 12The employer must have a health supervisor appointed pursuant to the provisions of Article 7, paragraph (1), item (vi), supervise the work related to industrial health engineering among those technical matters pertaining to industrial health set forth in each item of Article 10, paragraph (1) of the Act.
Section 3-2 Safety and Health Promoter and Health Promoter
(Workplace that Should Appoint Safety and Health Promoters)
Article 12-2The workplaces with the size prescribed by the Order of the Ministry of Health, Labour and Welfare set forth in Article 12-2, paragraph (2) of the Act are to be those regularly employing 10 or more workers and less than 50 workers.
(Appointment of Safety and Health Promoters)
Article 12-3The appointment of the safety and health promoter or the health promoter (hereinafter referred to as "safety and health promoter, etc.") pursuant to the provisions of Article 12-2 of the Act is to be made, from among those who are found to have the ability to take charge of the work set forth in each item of Article 10, paragraph (1) of the Act (for the health promoter, limited to the work pertaining to industrial health), as prescribed below:
(i)to appoint a person within 14 days from the day when the grounds necessitating the appointment of safety and health promoter, etc. have arisen;
(ii)to appoint a person who is exclusively assigned to the workplace; provided, however, that this does not apply when the person is to be appointed from among the industrial safety consultants, industrial health consultants or other persons who are specified by the Minister of Health, Labour and Welfare.
(Dissemination of Names of Safety and Health Promoters)
Article 12-4When having appointed a safety and health promoter, etc., the employer must make the name of the safety and health promoter, etc., known to the workers concerned by displaying their names at a readily visible location in the workshop, etc.
Section 4 Industrial Physicians
(Appointment of an Industrial Physician)
Article 13(1)The appointment of an industrial physician pursuant to the provisions of Article 13, paragraph (1) of the Act must be made as follows:
(i)to appoint a person within 14 days from the date when grounds necessitating appointment of an industrial physician have arisen.
(ii)for the workplace where 1,000 workers or more are regularly employed or 500 workers or more workers are regularly engaged in the following work, to appoint a person exclusively assigned to the workplace:
(a)work handling a large quantity of high-temperature substances or the work in extremely hot places;
(b)work handling a large quantity of low-temperature substances or the work in extremely cold places;
(c)work in which workers are exposed to radium rays, X-rays and other harmful radiation;
(d)work at a place where extreme air-borne dust or powder of soil and stone or animal hair, etc., are flying;
(e)work under an extraordinary atmospheric pressure;
(f)work exposing the bodies of workers to extreme vibrations due to the use of a rock drill, a riveting machine, etc.
(g)heavy work such as handling heavy material;
(h)work in places of boiler manufacturing, etc., where there is extremely noise;
(i)work in a pit;
(j)work that includes midnight work;
(k)work handling mercury, arsenic, yellow phosphorus, hydrofluoric acid, hydrochloric acid, nitric acid, sulfuric acid, prussic acid, caustic alkali, carbolic acid and other equivalent substances;
(l)work in places exuding gas, vapor, dusts of lead, mercury, chromium, arsenic, yellow phosphorus, hydrogen fluoride, chlorine, hydrochloric acid, nitric acid, sulfurous acid, sulfuric acid, carbon monoxide, carbon disulfide, prussic acid, benzene, aniline and gas, steam or dust of other equivalent toxic substances.
(m)work which has a considerable risk of contamination by pathogens; and
(n)other work specified by the Minister of Health, Labour and Welfare;
(iii)for the workplace where more than 3,000 workers are regularly employed, to appoint two or more industrial physicians.
(2)The provisions of Article 2, paragraph (2) apply mutatis mutandis to industrial physicians; provided, however, that this does not apply to those school physicians who have been appointed or entrusted pursuant to the provisions of Article 16 of the School Health Act (Act No. 56 of 1958) to perform the duties of an industrial physician for the school.
(3)The provisions of Article 8 apply mutatis mutandis to industrial physicians.In this case, the term "paragraph (1) of the preceding Article" in the same Article is deemed to be replaced with "Article 13, paragraph (1)."
(Duties of the Industrial Physician or Industrial Dentist)
Article 14(1)The matters prescribed by the Order of the Ministry of Health, Labour and Welfare set forth in Article 13, paragraph (1) of the Act are to be the following matters that require expert knowledge of medicine:
(i)matters related to the implementation of medical examinations and face-to-face guidance, etc. (meaning face-to-face guidance prescribed by Article 66-8, paragraph (1) of the Act (hereinafter referred to as "face-to-face guidance") and necessary measures prescribed by Article 66-9 of the Act) and measures to be taken based on their results to maintain workers' health;
(ii)matters related to the maintenance and control of the working environment;
(iii)matters related to control of the work;
(iv)beyond what is set forth in the preceding three items, matters related to the health care of the workers;
(v)matters related to health education, health counseling and other measures for maintaining and promoting workers' health;
(vi)matters related to health education; and
(vii)matters related to investigation of the causes of the impairment of workers' health and measures for preventing its recurrence.
(2)A person who meets the requirements prescribed by the Order of the Ministry of Health, Labour and Welfare set forth in Article 13, paragraph (2) of the Act is as follows:
(i)a person who has completed a training course specified by the Minister of Health, Labour and Welfare that provides the necessary medial knowledge to carry out health care, etc., for workers, prescribed by Article 13, paragraph (1) of the Act (hereinafter referred to as "health care, etc. for workers").
(ii)a person who has completed and graduated from a regular medical course established for the purposes of developing industrial physicians in universities of industrial health or other universities designated by the Minister of Health, Labour and Welfare, and who has completed the practical training specified by the Minister of Health, Labour and Welfare;
(iii)a person who has passed the industrial health consultant's examination in the category of health and hygiene;
(iv)a person who works or used to work as a professor, associate professor or lecturer (limited to full-time employees) in charge of the subjects related to industrial health at a university under the School Education Act; and
(v)in addition to those persons listed in each preceding item, a person who is specified by the Minister of Health, Labour and Welfare.
(3)An industrial physician may make recommendations to the general safety and health supervisor and give guidance or advice to the health supervisor about the matters specified in each item of paragraph (1).
(4)The employer may not dismiss or disadvantage the industrial physician by reason of recommendations made by the industrial physician pursuant to the provisions of Article 13, paragraph (3) of the Act or recommendations, guidance or advice given pursuant to the provisions of the preceding paragraph.
(5)As regards workplaces where 50 workers or more are regularly employed to perform the work set forth in Article 22, paragraph (3) of the Order, the employer must obtain the opinion of the industrial dentist on the condition of workers' teeth or their supporting tissues among the matters listed in each item of paragraph (1), in a timely manner.
(6)The industrial dentist who has conducted a medical examination set forth in Article 66, paragraph (3) of the Act on workers who work in workplaces set forth in the preceding paragraph may recommend matters necessary for preventing the impairment of workers' health (limited to health impairment related to teeth and their supporting tissues) to the employer or the general safety and health manager of the workplace.
(Periodical Inspection by Industrial Physician and Grant of Their Authorization)
Article 15(1)The industrial physician must inspect workshops, etc., at least once a month and immediately take the necessary measures to prevent the impairment of workers' health when there is a risk of harmful effects due to working methods or sanitary conditions of the workshops.
(2)The employer must grant the industrial physician the authority required to perform the matters prescribed in paragraph (1) of the preceding Article.
(Health Care for Workers in Workplaces Other Than Those Required to Appoint an Industrial Physician)
Article 15-2(1)A person prescribed by the Order of the Ministry of Health, Labour and Welfare set forth in Article 13-2 of the Act is to be a public health nurse who is on the list of persons with the necessary knowledge to conduct health care, etc., to workers for the State to implement as the State's support prescribed in Article 19-3 of the Act by entrusting the implementation to a medical association which is a corporation established pursuant to the provisions of Article 34 of the Civil Code (Act No. 89 of 1896) with physicians in the part of the region of prefectures as its members, consultation, provision of information, and other supportive activities on the work pertaining to health care, etc. to workers (referred to as "regional industrial health center activities" in the following paragraph).
(2)As regards a workplace other than the workplace under the provisions of Article 13, paragraph (1) of the Act, when having a person prescribed in Article 13-2 of the Act conduct all or a part of the health care, etc. for workers, the employer is to endeavor to appoint a physician prescribed by the same Article who carries out the health care, etc. for workers or to utilize regional industrial health center activities, etc.
Section 5 Operations Chief
(Appointment of an Operations Chief)
Article 16(1)The appointment of the operations chief pursuant to the provisions of Article 14 of the Act is to be made from those who have the qualifications listed in the middle column of the Appended Table 1 in accordance with the type of work listed in the left column of the same Table. The names of the respective operations chief are as stated in the right column of the same Table.
(2)As regards work of handling class-1 pressure vessels which are subject to the High Pressure Gas Safety Act (Act No. 204 of 1951), Gas Utility Act (Act No. 51 of 1954) or the Electric Utility Act (Act No. 170 of 1964) among the types of work prescribed in Article 6, item (xvii) of the Order, notwithstanding the provisions of the preceding paragraph, the employer may appoint an operations chief of the work of handling class-1 pressure vessels from among those who have obtained a license for operations chief of the work handling the specified class-1 pressure vessels as provided for by Ordinance on Safety of Boilers and Pressure Vessels (Order of the Ministry of Labour No. 33 of 1972, hereinafter referred to as the "Boiler Ordinance").
(Sharing of Duties by Operations Chiefs)
Article 17When carrying out a work listed in the right column of the Appended Table 1 at the same place and when having appointed two or more operations chiefs pertaining to the work, the employer must specify the division of their duties.
(Dissemination of the Names of Operations Chiefs)
Article 18When having appointed the operation chief, the employer must make the name of the operations chief known to the workers concerned by displaying their name at a readily visible location in the workshop, etc.
Section 6 Overall Safety and Health Controller, Principal Safety and Health Supervisor, Site Safety and Health Supervisor, and Safety and Health Controller
(Place prescribed by the Order of the Ministry of Health, Labour and Welfare Set Forth in Article 7, Paragraph (2), Item (i) of the Order)
Article 18-2The place prescribed by the Order of the Ministry of Health, Labour and Welfare set forth in Article 7, paragraph (2), item (i) of the Order is to be the place on or in the vicinity of roads, or on or in the vicinity of rail tracks of railways in areas where the population is concentrated.
(Appointment of Principal Safety and Health Supervisor)
Article 18-3The appointment of the principal safety and health supervisor pursuant to the provisions of Article 15-2, paragraph (1) of the Act must be made by appointing a person who is exclusively assigned to the workplace.
(Qualifications of a Principal Safety and Health Supervisor)
Article 18-4A person who has the qualifications prescribed by the Order of the Ministry of Health, Labour and Welfare set forth in Article 15-2, paragraph (1) of the Act is as follows:
(i)a person who has completed and graduated from a regular science course of a university or a technical college under the School Education Act and has business experience of having been engaged in the field of safety and health in construction work for three years or longer thereafter.
(ii)a person who has completed and graduated from a regular science course of a senior high school or a secondary education school under the School Education Act and has business experience of having been engaged in the field of safety and health in construction work for five years or longer thereafter; and
(iii)in addition to those persons listed in the preceding two items, a person who is specified by the Minister of Health, Labour and Welfare.
(Grant of Authorization)
Article 18-5The employer must grant the principal safety and health supervisor the authority required to take various necessary measures for preventing industrial accidents which may be caused by the fact that workers and related subcontractor's workers work together at the same place.
(Number of Workers Pertaining to Appointment of a Site Safety and Health Supervisor)
Article 18-6(1)The number of workers prescribed by the Order of the Ministry of Health, Labour and Welfare set forth in Article 15-3, paragraph (1) and (2) of the Act is to be the number set forth in the following items in accordance with the work category stated in each item:
(i)work set forth in Article 7, paragraph (2), item (i) of the Order or construction work of buildings where the main structures are steel frames or steel reinforced concrete structures:20 workers regularly; and
(ii)work other than the work under the preceding item:50 workers regularly.
(2)An employer carrying out the work related to the construction industry who appoints a person to perform the duty of an overall safety and health controller in the workplace as prescribed by Article 15, paragraph (2) of the Act and has the person carry out the direction and overall supervision set forth in paragraph (1), paragraph (3), and paragraph (4) of the same Article, and also appoints a person to perform the duty of a principal safety and health supervisor from among persons who have the qualifications set forth in Article 15-2, paragraph (1) of the Act and has the person supervise the matters set forth in the same paragraph (limited to an employer who has the obligation to appoint a site safety and health supervisor pursuant to the provisions of Article 15-3, paragraphs (1) and (2) of the Act) may be regarded as an employer who has appointed a site safety and health supervisor pursuant to the provisions of paragraph (1) or (2) of that Article and has that person carry out the matters set forth in paragraph (1) or (2) of the same Article.
(Qualifications of a Site Safety and Health Supervisor)
Article 18-7A person who has the qualifications prescribed by the Order of the Ministry of Health, Labour and Welfare set forth in Article 15-3, paragraph (1) and (2) of the Act is as follows:
(i)a person who has graduated from a university or technical college under the School Education Act, and has business experience of having been engaged in the field of safety and health in construction work for three years or longer thereafter;
(ii)a person who has graduated from a senior high school or a secondary education school under the School Education Act and has business experience of having been engaged in the field of safety and health in construction work for five years or longer thereafter;
(iii)a person who has business experience of having been engaged in the field of safety and health in construction work for eight years or longer; and
(iv)in addition to those persons listed in preceding three items, a person who is specified by the Minister of Health, Labour and Welfare.
(Duties of the Site Safety and Health Supervisor)
Article 18-8Matters prescribed by the Order of the Ministry of Health, Labour and Welfare set forth in Article 15-3, paragraph (1) and (2) of the Act are as follows:
(i)to inspect the place where a worker carrying out the work as provided for in Article 15-3, paragraph (1) and (2) of the Act at least once a month;
(ii)to understand the types or other implementation status of the work carried out by the worker set forth in Article 15-3, paragraph (1) or (2) of the Act;
(iii)to participate as needed in the meetings of the consultative organizations set forth in Article 30, paragraph (1), item (i) of the Act; and
(iv)to confirm that the measures set forth in Article 30, paragraph (1), item (v) of the Act pertaining to the plan provided for by the same item are taken.
(Duties of Safety and Health Controller)
Article 19Matters prescribed by the Order of the Ministry of Health, Labour and Welfare set forth in Article 16, paragraph (1) of the Act are as follows:
(i)to liaise with the overall safety and health controller;
(ii)to liaise with the persons concerned on matters notified by the overall safety and health controller;
(iii)to supervise the implementation of the matters pertaining to the contractor out of the matters notified by the overall safety and health controller under the preceding item;
(iv)when the contractor prepares plans related to the implementation of work by the contractor's workers, to coordinate with the overall safety and health controller to ensure consistency with plans prepared under Article 30, paragraph (1), item (v) of the Act by a specified principal employer;
(v)to check the presence of dangers pertaining to industrial accidents set forth in Article 15, paragraph (1) of the Act that occur due to the work carried out by the contractor's workers and the work carried out by persons other than those workers; and
(vi)when the contractor contracts out part of the work to another contractor, to liaise and coordinate with the safety and health controller of the other contractor.
(Deputy of the Overall Safety and Health Controllers)
Article 20The provisions of Article 3 apply mutatis mutandis to the overall safety and health controllers, principal safety and health supervisors, site safety and health supervisors, and safety and health controllers.
Section 7 Safety Committee, Health Committee, and Other Committees
(Matters to Be Discussed by the Safety Committee)
Article 21The important matters related to the prevention of workers from dangers set forth in Article 17, paragraph (1), item (iii) of the Act are to include the following matters:
(i)matters related to preparation of rules for industrial safety;
(ii)matters relaated to safety in the investigations of danger or harm, etc., set forth in Article 28-2, paragraph (1) of the Act, and in the measures to be taken based on the results of the investigations;
(iii)matters related to the formulation, implementation, evaluation and improvement of safety and health plans (limited to the parts related to safety);
(iv)matters related to the formulation of the implementation plan on safety education; and
(v)matters related to the prevention of dangers of workers out of the matters designated through orders, instructions, recommendations or guidance in writing by the Minister of Health, Labour and Welfare, the Director of the Prefectural Labour Bureau, the Chief of the Labour Standards Inspection Office, the Labour Standards Inspector, or the Expert Officer on Industrial Safety.
(Matters to Be Discussed by the Health Committee)
Article 22The important matters related to the prevention of worker health impairment and maintaining and promoting workers' health set forth in Article 18, paragraph (1), item (iv) of the Act are to include the following matters:
(i)matters related to establishing the rules for health;
(ii)matters related to health in the investigations of the danger or harm, etc., set forth in Article 28-2, paragraph (1) of the Act, and in the measures to be taken based on the results of the investigations;
(iii)matters related to the formulation, implementation, evaluation and improvement of safety and health plans (limited to the parts related to health);
(iv)matters related to the formulation of the implementation plan on health education;
(v)matters related to the investigation of the harmful effect of the substances conducted pursuant to provisions of Article 57-3, paragraph (1) and Article 57-4, paragraph (1) of the Act and the establishment of countermeasures based on the results of the investigation;
(vi)matters related to the results of working environment measurement made pursuant to the provisions of Article 65, paragraph (1) or paragraph (5) of the Act and the establishment of countermeasures based on the evaluation of the results;
(vii)matters related to the results of the periodical medical examinations, temporary medical examinations conducted pursuant to the provisions of Article 66, paragraph (4) of the Act, voluntary medical examination undertaken pursuant the provisions of Article 66-2 of the Act and other medical diagnoses, check-ups and treatments by physicians or surgeons conducted pursuant to the provisions of other ministerial orders based on laws, and the establishment of countermeasures based on the results of the medical examination, diagnosis, checkup or treatment;
(viii)matters related to formulation of the implementation plan of necessary measures for the maintenance and promotion of the health of workers;
(ix)matters related to the establishment of countermeasures for preventing the impairment of workers' health that may be caused by long hours of work;
(x)matters related to the establishment of countermeasures for maintaining and improving workers' mental health; and
(xi)matters related to the measures for preventing the impairment of workers' health out of the matters designated through orders, instructions, recommendations or guidance in writing by the Minister of Health, Labour and Welfare, Director of the Prefectural Labour Bureau, Chief of the Labour Standards Inspection Office, the Labour Standards Inspector or the Expert Officer on Industrial Health.
(Meeting of Committees)
Article 23(1)The employer must hold meetings of the safety committee, health committee or the safety and health committee (hereinafter referred to as "the committee") more than once a month.
(2)Beyond what is set forth in the preceding paragraph, matters necessary for the management of respective committees is decided by the committee concerned.
(3)The employer must notify workers of the outline of the proceedings discussed at each committee meeting by using any of the following methods without delay:
(i)to display or place a notice at a readily visible place in each workshop at all times;
(ii)to issue a written notice for workers; and
(iii)to record the matters on magnetic tapes, magnetic disks or other similar devices, and to install an instrument in each workshop with which workers can confirm the matters at all times.
(4)The employer must make a record pertaining to important agendas discussed at each committee meeting and preserve the record for three years.
(Hearing of Opinions of the Workers Concerned)
Article 23-2An employer who has not established a committee must endeavor to provide opportunities to hear opinions of the workers concerned on the matters related to safety and health.
Section 8 Publication of Guidelines
Article 24The publication of the guidelines pursuant to the provisions of Article 19-2, paragraph (2) of the Act is to be made by publishing the title and purport of the guidelines in the official gazette, as well as by offering inspection of the guidelines to the public at the Labour Standards Bureau of the Ministry of Health, Labour and Welfare and the Prefectural Labour Office.
Section 8-2 Guidelines for Promotion of Voluntary Activities
Article 24-2The Minister of Health, Labour and Welfare may publicize the necessary guidelines to promote the following voluntary activities, to be carried out based on a series of processes determined by the employer for the purpose of improving the level of workplace safety and health:
(i)announcement of safety and health policies;
(ii)investigation of the danger or harm, etc., set forth in Article 28-2, paragraph (1) of the Act, and the measures to be taken based on the results of the investigations;
(iii)establishment of targets of safety and health; and
(iv)preparation, implementation, evaluation and improvement of safety and health plans.
Chapter II-2 Measures Related to the Rescue of Workers
(Machines Required for Rescue)
Article 24-3(1)The employer prescribed in Article 25-2, paragraph (1) of the Act (hereinafter referred to as the "employer" in this Chapter) must provide machines, instruments and other equipment listed in the following items (hereinafter referred to as "machines, etc."); provided, however, that this does not apply to the measuring instruments pertaining to methane or hydrogen sulfide listed in item (ii) below when there is no risk of methane or hydrogen sulfide to be generated:
(i)air respirators or oxygen respirators (referred to as "air respirators, etc." in paragraph (3));
(ii)necessary measuring instruments for measuring the concentration of methane, hydrogen sulfide, carbon monoxide, and oxygen;
(iii)flashlights or other portable illumination apparatuses; and
(iv)beyond what is set forth in the preceding three items, machines, etc., required for the rescue of workers.
(2)As regard to the machines, etc., set forth in the preceding paragraph, the employer must provide the machines, etc. in accordance with the classification set forth in the following items by the time listed in each item:
(i)work listed in Article 9-2, item (i) of the Order:when work is being carried out at a place where a distance from the entrance is 1000 m. or in a vertical shaft (limited to those used for passage) with a depth of 50 m.; and
(ii)work listed in Article 9-2, item (ii) of the Order:when work is being carried out by compressed air construction method under a gauge pressure of 0.1 MPa.
(3)As regard to the machines, etc., set forth in paragraph (1), the employer must maintain the effectiveness of the machines, etc. at all times, and keep the air respirators, etc. clean at all times.
(Training Related to Rescue)
Article 24-4(1)The employer must conduct training on the matters listed in the following items:
(i)matters related to the method of machines, etc., set forth in paragraph (1) of the preceding Article;
(ii)matters related to the method of first aid resuscitation and other first aid treatments;
(iii)beyond what is set forth in the preceding two items, matters related to the method of safe rescue.
(2)As regard to the training set forth in the preceding paragraph, the employer must conduct the training in accordance with the classification set forth in each item of paragraph (2) of the preceding Article, once by the time listed in each item, and once every period not exceeding a year thereafter.
(3)When having conducted the training set forth in paragraph (1), the employer must record the following matters and preserve the records for three years:
(i)the date of the training conducted;
(ii)the name of the person who has undergone the training; and
(iii)the details of the training.
(Rules Related to the Safety of Rescue)
Article 24-5The employer must establish the following matters related to the safety of rescue of workers by the time listed in the following item, in accordance with the classification set forth in each item of Article 24-3, paragraph (2):
(i)matters related to the rescue organizations;
(ii)matters related to the inspection and maintenance of machines, etc., required for rescue;
(iii)matters related to the implementation of the training on rescue; and
(iv)beyond what is set forth in the preceding three items, matters related to the safety of rescue.
(Confirmation of Personnel)
Article 24-6The employer must, in accordance with the classification set forth in each item of Article 24-3, paragraph (2) and by the time listed in the items, take measures that enable to confirm at all times the numbers and names of the worker carrying out the work in the work carried out in tunnels, etc. (meaning tunnels and pits other than vertical shafts (excluding those for obtaining rocky materials prescribed in Article 2 of the Quarrying Act (Act No. 291 of 1950)); the same applies hereinafter) or in compressed air chambers (meaning work chambers or shafts having a pressure exceeding the atmospheric pressure owing to the caisson method and other compressed air methods).
(Appointment of Persons Responsible for Managing Technical Matters Related to Rescue)
Article 24-7(1)The appointment of the person responsible for managing technical matters related to rescue pursuant to the provisions of Article 25-2, paragraph (2) of the Act must be made as prescribed below:
(i)to appoint a person, in accordance with the classification set forth in each item of Article 24-3, paragraph (2) by the time listed in each item; and
(ii)to appoint a person who is exclusively assigned at the workplace.
(2)The provisions of Article 3 and 8 apply mutatis mutandis to persons who are responsible for managing technical matters related to rescue.In this case, the term "paragraph (1) of the preceding Article" in the same Article is deemed to be replaced with "Article 24-7, paragraph (1), item (ii) " and the term "the same paragraph" is deemed to be replaced with "the same item."
(Qualifications for Persons Responsible for Managing Technical Matters Related to Rescue)
Article 24-8A person who has the qualifications prescribed in the Order of the Ministry of Health, Labour and Welfare set forth in Article 25-2, paragraph (2) of the Act is to be the person listed in the following items in accordance with the classification in each item and who has completed the training specified by the Minister of Health, Labour and Welfare:
(i)work listed in Article 9-2, item (i) of the Order:a person who has experience of having been engaged in the construction of tunnels, etc., for three years or longer; and
(ii)work listed in Article 9-2, item (ii) of the Order:a person who has experience of having been engaged in conducting operations by the compressed air construction method for three years or longer.
(Grant of Authorization)
Article 24-9The employer must grant the person who is responsible for managing technical matters related to rescue the authority required to take the necessary measures for the safety of rescue.
Chapter II-3 Publication of Technical Guidelines
Article 24-10The provisions of Article 24 apply mutatis mutandis to the publication of the technical guidelines or the guidelines for preventing the impairment of workers' health pursuant to the provisions of Article 28, paragraph (1) and (3) of the Act.
Chapter II-4 Investigation of Danger or Harmful Effects
(Investigation of Danger or Harmful Effects)
Article 24-11(1)Investigation of the danger or harmful effects, etc., set forth in Article 28-2, paragraph (1) of the Act is to be carried out at the following timing:
(i)when a building is installed, relocated, altered or dismantled;
(ii)when equipment or raw material, etc., is newly adopted or changed;
(iii)when working methods or working procedures are newly adopted or changed; and
(iv)beyond what is set forth in the preceding three items, when a change has occurred or is likely to occur concerning danger or harmful effects, etc., arising from buildings, equipment, raw materials, gas, vapor, dust, etc., and from work actions and other work.
(2)The type of business prescribed by the Order of the Ministry of Health, Labour and Welfare set forth in the proviso of Article 28-2, paragraph (1) of the Act are to be the type of business listed in Article 2, item (i) and (ii) of the Order (excluding the manufacturing industry).
(Publication of Guidelines)
Article 24-12The provisions of Article 24 apply mutatis mutandis to the publication of guidelines pursuant to the provisions of Article 28-2, paragraph (2) of the Act.
Chapter III Regulations Concerning Machines, etc., Dangerous Goods, and Toxic Substances
Section 1 Regulations Concerning Machines
(Protective Measures for Protrusions of Moving Parts)
Article 25The protective measures prescribed by the Order of the Ministry of Health, Labour and Welfare set forth in Article 43 of the Act are as follows:
(i)to make protrusions of moving parts a sunken-head type, or to provide a cover; and
(ii)to provide a cover or an enclosure for a power transmission or speed control sections.
(Gas Masks that Should Fulfill Standards)
Article 26Gas masks prescribed by the Order of the Ministry of Health, Labour and Welfare set forth in Article 13, paragraph (5) of the Order are as follows:
(i)gas masks for carbon monoxide;
(ii)gas masks for ammonium; and
(iii)gas masks for sulfurous acid gas.
(Use of Machines that Comply with Standards)
Article 27As regards the machines, etc., listed in the Appended Table 2 of the Act and machines, etc., listed in each item of Article 13, paragraph (3) of the Order, the employer may not use the machines, etc., unless they fulfill the standard or are equipped with safety devices specified by the Minister of Health, Labour and Welfare set forth in Article 42 of the Act.
(Matters to be Notified)
Article 27-2The matters prescribed by the Order of the Ministry of Health, Labour and Welfare set forth in Article 43-2 of the Act are as follows:
(i)matters that enable to identify the machines, etc., subject to be notified; and
(ii)facts indicating that the machines, etc., fall under any of the item of Article 43-2 of the Act.
(Effective Maintenance of Safety Devices)
Article 28The employer must carry out the inspection and maintenance for a safety device, a cover, an enclosure, etc., provided pursuant to the Act and orders based on the Act (hereinafter referred to as "safety device, etc.") so that they may be used in an effective condition.
Article 29(1)As regards the safety device, etc., a worker must observe the following matters:
(i)not to remove the safety device, etc., or make it lose its function;
(ii)to obtain in advance the permission of the employer, when it is necessary to temporarily remove the safety device, etc., or to make it lose its function;
(iii)to immediately restore to its original condition, when having removed the safety device, etc., or it has been made to lose its function by obtaining the permission under the preceding item, after the necessity ceases to exist; and
(iv)to immediately report the fact to the employer, when having discovered that safety device, etc., has been removed or has lost its function.
(2)The employer must promptly take appropriate measures when the report pursuant to the provisions of item (iv) of the preceding paragraph has been made.
(Publication of Self-Inspection Guidelines)
Article 29-2The provisions of Article 24 apply mutatis mutandis to the publication of the self-inspection guidelines pursuant to the provisions of Article 45, paragraph (3) of the Act.
Section 2 Regulations Concerning Dangerous Goods and Toxic Substances
(Dangerous Goods and Toxic Substances Whose Names Should be Labeled)
Article 30The substances prescribed by the Order of the Ministry of Health, Labour and Welfare set forth in Article 18, item (xxxix) of the Order are to be the preparations and other substances containing the substances listed in the left column of the Appended Table 2 (excluding those containing the amount of the substances listed in the left column is the value listed in the right column of the same Table and those listed in the reference column of the same Table).
Article 31The substances prescribed by the Order of the Ministry of Health, Labour and Welfare set forth in Article 18, item (xl) of the Order are as follows:
(i)preparations and other substances which contain dichlorobenzidine and its salts and the content of dichlorobenzidine and its salts is 1% in weight;
(ii)preparations and other substances which contain alpha-Naphthylamine and its salts and the content of alpha-Naphthylamine and its salts is 1% in weight;
(iii)preparations and other substances which contain Chlorinated Biphenyl (PCB) and the content of Chlorinated Biphenyl is 0.1% or more and 1% or less in weight;
(iv)preparations and other substances which contain o-tolidine and its salts and the content of o-tolidine and its salts is 1% in weight (of these substances);
(v)preparations and other substances which contain Dianisidine and its salts and the content of Dianisidine and its salts is 1% in weight;
(vi)preparations and other substances which contain beryllium and its compounds and the content of beryllium and its compounds is 0.1% or more and 1% or less of the weight (0.1% or more and 3% or less for alloy); and
(vii)preparations and other substances which contain benzotrichloride and the content of benzotrichloride is 0.1% or more and 0.5% or less in weight.
(Labeling of Names)
Article 32The labeling pursuant to the provisions of Article 57, paragraph (1) of the Act must be made by printing matters listed in each item of the same paragraph (hereinafter referred to as "indication matters" in this Article) on the container or package of the substance or by affixing labels on which the indication matters have been printed; provided, however, that when printing all the indication matters on the package or container or affixing a label on which all the indication matters are printed is difficult, indication by binding a label printed with the indication matters around the package or container is permitted for the matters listed in item (i), items (c) through (e) and item (ii) of the same paragraph.
Article 33The matters prescribed by the Order of the Ministry of Health, Labour and Welfare set forth in Article 57, paragraph (1), item (i), (e) of the Act are as follows:
(i)name (for a corporation, its name), address and telephone number of the person who provides the labeling pursuant to the provisions of Article 57, paragraph (1) of the Act;
(ii)warning statements; and
(iii)stability and reactivity.
(Delivery of Documents)
Article 34The document pursuant to the provisions of Article 57, paragraph (2) of the Act must be delivered when it is transferred or furnished by means other than those prescribed in paragraph (1) of the same Article; provided, however, that this does not apply when the document is transferred or furnished continuously or repeatedly, and when the delivery of the document has already been made.
(Dangerous Goods and Toxic Substances Whose Names Should be Notified)
Article 34-2The substances prescribed by the Order of the Ministry of Health, Labour and Welfare set forth in the Appended Table 9, item 634 of the Order are to be the preparations and other substances containing the substances listed in the left column of the Appended Table 2-2 (excluding those which contain the amount of substances in the left column is the value listed in the right column and those listed in the reference column of the same Table).
Article 34-2-2The substances prescribed by the Order of the Ministry of Health, Labour and Welfare set forth in the Attached Table 9, item 635 of the Order are as follows:
(i)preparations and other substances which contain dichlorobenzidine and its salts and the content of dichlorobenzidine and its salts is 0.1% or more and 1% or less in weight;
(ii)preparations and other substances which contain alpha-Naphthylamine and its salts and the content of alpha-Naphthylamine and its salts is 1% in weight;
(iii)preparations and other substances which contain Chlorinated Biphenyl (PCB) and the content of Chlorinated Biphenyl is 0.1% or more and 1% or less in weight;
(iv)preparations and other substances which contain o-tolidine and its salts and the content of o-tolidine and its salts is 0.1% or more and 1% or less in weight;
(v)preparations and other substances which contain Dianisidine and its salts and the content of Dianisidine and its salts is 0.1% or more and 1% or less in weight;
(vi)preparations and other substances which contain beryllium and its compounds and the content of beryllium and its compounds 0.1% or more and 1% or less in weight (0.1% or more and 3% or less for alloy); and
(vii)preparations and other substances which contain benzotrichloride and the content of benzotrichloride is 0.1% or more and 0.5% or less in weight.
(Notice of Names)
Article 34-2-3The methods prescribed by the Order of the Ministry of Health, Labour and welfare set forth in Article 57-2, paragraph (1) and (2) of the Act are to be the issue of magnetic disk, transmission by facsimile device and other methods, and it is to be considered that the other party has agreed to the notice being sent by that method.
Article 34-2-4The matters prescribed by the Order of the Ministry of Health, Labour and Welfare set forth in Article 57-2, paragraph (1), item (vii) of the Act are as follows:
(i)name (for a corporation, its name), address and telephone number of the person who provides the notification pursuant to the provisions of Article 57-2, paragraph (1) of the Act;
(ii)summary of the danger or harmful effect;
(iii)stability and reactivity;
(iv)applicable laws and regulations; and
(v)other matters that serve as reference.
Article 34-2-5The notice pursuant to the provisions of Article 57-2, paragraph (1) of the Act must be made by the time the notifiable substance in the same paragraph are transferred or furnished; provided, however, this does not apply if the notice has already been made, when the substances are transferred or furnished continuously or repeatedly.
Article 34-2-6Among the matters set forth in Article 57-2, paragraph (1), item (ii) of the Act, for the content of ingredients, the weight percentage of each substance listed in Appended Table 3, item (1), 1 to 7 of the Order and in Appended Table 9, item (1) to (633) of the Order must be notified. The indication of weight percentage in this case may be made by figures within the range of figure in which fractions less than 10% are rounded down and those fractions are rounded up.
(Investigation of Harmful Effect)
Article 34-3(1)The investigation of harmful effect pursuant to the provisions of Article 57-3, paragraph (1) of the Act must be carried out in the following prescribed manner:
(i)to carry out any of the test out of the mutagenicity test, the test from which information equivalent to or better than that can be obtained by a mutagenicity test concerning carcinogenicity of chemical substances, or the carcinogenicity test; and
(ii)to carry out at the testing laboratory, etc., found as having the technical basis to properly conduct toxicity investigation with respect to the organization, equipment, etc.
(2)The standards related to the organization, equipment, etc., that should be provided at the testing laboratory set forth in item (ii) of the preceding paragraph are specified by the Minister of Health, Labour and Welfare.
(Notification of Names of New Chemical Substances and Results of of Investigations of the Their Harmful Effect)
Article 34-4A person who seeks to submit a notification pursuant to the provisions of Article 57-3, paragraph (1) of the Act must submit the notification using Form No. 4-3 accompanied by a document showing the result of the toxicity test prescribed in paragraph (1) of the preceding Article for the new chemical substance prescribed in the same paragraph Act pertaining to the notification (hereinafter referred to as "new chemical substance" in this Section), a document certifying that the test on the harmful effect has been carried out at the testing facilities, etc., which satisfies the standard provided by the Minister of Health, Labour and Welfare set forth in paragraph (2) of the same Article and a document indicating the planned method of manufacturing and handling the new chemical substance to the Minister of Health, Labour and Welfare.
(Application for Confirmation by the Minister of Health, Labour and Welfare to the Effect that Workers are not in Danger of Exposure to New Chemical Substances)
Article 34-5A person who seeks to receive the confirmation set forth in Article 57-3, paragraph (1), item (i) of the Act submit a written application using Form No. 4-4 to the Minister of Health, Labour and Welfare within 30 days prior to the day when the new chemical substance is to be first manufactured or imported based on the confirmation, by attaching a document indicating the planned method of manufacture or handling of the new chemical substance.
Article 34-6The employer who has received the confirmation set forth in the preceding Article must notify the Minister of Health, Labour and Welfare in writing without delay when there are any changes in the matters stated in the written application or the documents set forth in the same Article.
Article 34-7When the Minister of Health, Labour and Welfare, after making the confirmation set forth in Article 57-3, paragraph (1), item (i), comes to find that workers are in danger of exposure to the new chemical substances based on the notification pursuant to the provisions of the preceding Article or other materials, is to revoke the confirmation and notify the fact to the employer pertaining to the confirmation without delay.
(Application for Confirmation by the Minister of Health, Labour and Welfare to the Effect that New Chemical Substances Do Not Have a Harmful Effect)
Article 34-8A person who seeks to receive the confirmation set forth in Article 57-3, paragraph (1), item (ii) of the Act must submit a written application using Form No. 4-4 to the Minister of Health, Labour and Welfare within 30 days prior to the day when the new chemical substance is to be first manufactured or imported based on the confirmation, by a document indicating the knowledge and information of the fact that the new chemical substance is free from harmful effects provided under the following Article.
(Toxicity Prescribed by the Order of the Ministry of Health, Labour and Welfare Set Forth in Article 57-3, Paragraph (1), Item (ii) of the Act)
Article 34-9The harmful effect prescribed by the Order of the Ministry of Health, Labour and Welfare set forth in Article 57-3, paragraph (1), item (ii) of the Act is to be carcinogenicity.
(Application for Confirmation by the Minister of Health, Labour and Welfare Pertaining to Manufacture or Importation of New Chemical Substances in a Small Quantity)
Article 34-10A person who seeks to receive the confirmation set forth in Article 18-4 of the Order must submit a written application using Form No. 4-4 to the Minister of Health, Labour and Welfare within 30 days prior to the day when the new chemical substance is to be first manufactured or imported based on the confirmation.
Article 34-11The confirmation set forth in Article 18-4 of the Order is to be valid for two years.
(Notice)
Article 34-12The Minister of Health, Labour and Welfare, when having received an application set forth in Article 34-5, Article 34-8, and Article 34-10, is to examine the application and notify the applicant of the results of the examination without delay.
(Case Prescribed by the Order of the Ministry of Health, Labour and Welfare Set Forth in Article 57-3, Paragraph (1), Item (iv) of the Act)
Article 34-13Cases prescribed by the Order of the Ministry of Health, Labour and Welfare set forth in Article 57-3, paragraph (1), item (iv) of the Act are to be cases in which workers are not likely to be exposed to new chemical substances such as when workers are not obliged to do the work of subdividing or repacking the chemical substance in the areas of Japan.
(Publication of Names of the New Chemical Substances)
Article 34-14(1)The publication of names of new chemical substances pursuant to the provisions of Article 57-3, paragraph (3) of the Act is to be made within a year after the receipt of the notification pursuant to the provisions of paragraph (1) of the same Article or after the confirmation set forth in item (ii) of the same paragraph (when the application pursuant to the provisions of Article 36, paragraph (1) of the Patent Act (Act No. 121 of 1959) in regard to the new chemical substances has been submitted, promptly after the publication of the application pursuant to the provisions of Article 64, paragraph (1) of the same Act has been made or after the patent application has been published in the patent gazette pursuant to the provisions of Article 66, paragraph (3) of the same Act), as provided for by the following paragraph.
(2)The publication of the names of new chemical substances is to be made periodically once every period not exceeding three months by publishing them in the official gazette.
(Hearing Opinions from Persons with Relevant Expertise)
Article 34-15The Minister of Health, Labour and Welfare, when hearing opinions from persons with relevant expertise pursuant to the provisions of Article 57-3, paragraph (4) of the Act, is to appoint review members in accordance with the content of the subject to be reviewed, from among the those listed in the the name list of candidates of review members for the result of mutagenicity test, etc., set forth in the following Article, and promptly hear the opinions of those members.
(Name List of Candidates of Review Members for the Results of Mutagenicity Tests)
Article 34-16The Minister of Health, Labour and Welfare is to entrust candidates of review member for the results of mutagenicity test, etc., from those who have high-level expert knowledge on the investigation of harmful effect of chemical substances, and prepare and publicize the name list of candidates of review members for the result of mutagenicity test, etc.
(Report to the Central Labour Standards Council)
Article 34-17When having heard the opinion of persons with relevant expertise on the results of investigation of the harmful effect of new chemical substances pursuant to the provisions of Article 57-3, paragraph (4) of the Act, the Minister of Health, Labour and Welfare is to report the content of the opinions to the Labour Policy Council within a year after the names of the new chemical substances are publicized pursuant to the provisions of paragraph (3) of the same Article.
(Instructions to Investigate the Harmful Effect of Chemical Substances)
Article 34-18Instructions pursuant to the provisions of Article 57-4, paragraph (1) of the Act are to be given by a document stating the names of chemical substances which are subject to the investigation of the harmful effect prescribed by the same paragraph, reasons for carrying out the investigation, method of the investigation and other necessary matters.
(Employers Prescribed by the Order of the Ministry of Health, Labour and Welfare Set Forth in Article 57-4, Paragraph (1) of the Act)
Article 34-19An employer prescribed by the Order of the Ministry of Health, Labour and Welfare set forth in Article 57-4, paragraph (1) of the Act is to be the employer who has manufactured, imported or used chemical substances that have the possibility of causing cancer or other serious impairment of workers' health.
(Application, Mutatis Mutandis)
Article 34-20The provisions set forth in Article 34-15 and Article 34-16 apply mutatis mutandis to the case in which opinions of persons with relevant expertise are to be obtained pursuant to the provisions of Article 57-4, paragraph (3) of the Act.In this case, the term " the name list of candidates of review members for the results of mutagenicity test, etc." in these provisions are deemed to be replaced with "the name list of candidates of review members for the instructions on carcinogenicity test," and the term "candidates of review members for the results of mutagenicity test, etc." in Article 34-16 is deemed to be replaced with "candidates of review members for the instructions on carcinogenicity test."
(Report to the Central Labour Standards Council)
Article 34-21When having received from an employer a report on the results of investigations carried out on the harmful effect of chemical substances based on the instructions given pursuant to the provisions of Article 57-4, paragraph (1) of the Act, the Minister of Health, Labour and Welfare is to report the content of the report to the Labour Policy Council within a year from the day the report was received.
Chapter IV Safety and Health Education
(Education at the Time of Employment)
Article 35(1)When having employed a new worker or changed the content of work assigned to a worker, the emplouer must educate the worker on matters which are necessary as regards safety and health among the following matters without delay; provided, however, that for a worker employed at a workplace falling under the type of business listed in Article 2, item (iii) of the Order, the education on matters listed in items (i) through (iv) may be omitted:
(i)matters related to danger or harmful effect of machines, etc., or raw materials, etc., and those related to methods of handling thereof;
(ii)matters related to performance of safety devices, harmful substance control devices, or personal protective equipment and matters related to methods of handling thereof;
(iii)matters related to operation procedures;
(iv)matters related to inspection at the time of commencement of work;
(v)matters related to the causes and prevention of diseases which workers are susceptible regarding the work;
(vi)matters related to keeping the workplace in order and maintenance of its sanitary conditions;
(vii)matters related to emergency measures and evacuation at the time of an accident; and
(viii)beyond what is set forth in each of the preceding item, matters necessary for maintaining safety and health related to the work.
(2)As regards the workers who are found to have sufficient knowledge and skill related to all or part of the matters listed in each item of the preceding paragraph, the employer may omit education on those matters.
(Work Necessitating Special Education)
Article 36Dangerous or harmful work prescribed by the Order of the Ministry of Health, Labour and Welfare set forth in Article 59, paragraph (3) of the Act is as follows:
(i)work involving replacement of grinding wheels or their test runs at the time of replacement;
(ii)work involving fitting, removal, or adjustment of metal dies of a power-driven press machine (hereinafter referred to as "power press"), or of blades of shearing machines, or of safety devices or safety enclosures of power press or shearing machines;
(iii)work involving welding or cutting of metals by arc welding equipment (hereinafter referred to as "arc welding, etc.");
(iv)work involving installation, inspection, repairing or operation of charged circuits with high voltage (meaning circuits with voltages exceeding 750 V and 7000 V or less for DC or exceeding 600 V and 7,000 V or less for AC; the same applies hereinafter) or charged circuits with super-high voltage (meaning circuits with voltages exceeding 7,000 V; the same applies hereinafter) or their supports; the work involving installation or repairing of charged circuits with low voltage (meaning circuits with voltages 750 V or less for DC or 600 V or less for AC; the same applies hereinafter) (excluding voltages to the ground are 50 V or less or those for telegraphy or telephone with voltages not high enough to cause the danger of an electric shock); and the work involving operation of switches with exposed charging units in the low-voltage circuits installed in sectioned spaces such as switchboard rooms or substations (excluding voltages to ground are 50 V or less or those for telegraphy or telephone with voltages not high enough to cause the danger of electric shock);
(v)work operating a forklift with a maximum load of less than 1 ton (excluding the case of traveling on the road under Article 2, paragraph (1), item (i) of the Road Traffic Act (Act No. 105 of 1960) (hereinafter referred to as "road"));
(v)-2work operating a shovel loader or a fork loader with a maximum load of less than 1 ton (excluding the case of traveling on the road);
(v)-3work operating a transporting vehicle on rough terrain with a maximum loading capacity of less than 1 ton (excluding the case of traveling on the road);
(vi)work operating a cargo lifting appliance with a limited capacity of less than 5 tons;
(vii)work operating a skyline logging cable crane (meaning a yarder, cables, carriers, supports, fittings thereof and designed to lift and carry logs and firewood in the air, utilizing power; the same applies hereinafter);
(viii)work involving the felling of standing trees with a chest-height diameter of 70 cm or more, felling of standing trees with a chest-height diameter of 20 cm or more and with its center of gravity extremely deviated, felling of trees by the special methods as hang-up cutting, etc., or disposing of trees including a hanging tree with a chest-height diameter of 20 cm or more;
(viii)-2work using a chain saw for the felling of a standing tree, disposing of a hanging tree, or logging (excluding the work listed in the preceding item);
(ix)work operating a machine listed in the Appended Table 7, item (1), (2), (3) or (6) of the Order with the base machine weight of less than 3 tons, equipped with power-driven system and capable of self-propelling to unspecified places (excluding the case of traveling on the road);
(ix)-2work operating a machine listed in the Appended Table 7, item (3) of the Order, equipped with power-driven system and other than that capable of self-propelling to unspecified places;
(ix)-3work operating the working attachment of a machine listed in the Appended Table 7, item (3) of the Order, equipped with power-driven system and capable of self-propelling to unspecified places (excluding operation in the operator's seat on the body);
(x)work operating a machine listed in the Appended Table 7, item (4) of the Order, those equipped with power-driven system and capable of self-propelling to unspecified places (excluding the case of traveling on the road);
(x)-2work operating the working attachment of a machine listed in the Appended Table 7, item (5) of the Order;
(x)-3work operating boring machines;
(x)-4work involving adjustment or operation of jack-type lifting machines (meaning machines equipped with multiple holding mechanisms (meaning mechanisms which hold a load by tightening a wire rope, etc.; the same applies hereinafter) that lift a load up and down with wire rope, etc., by opening and closing the holding mechanisms alternately to expand and contract the distance between the holding mechanisms using power; the same applies hereinafter), in the case of carrying out construction work;
(x)-5work operating (excluding the case of traveling on the road) a vehicle for work at height (meaning the vehicle set forth in Article 10, item (iv) of the Order; the same applies hereinafter) with the working floor of less than 10m in height (meaning the height set forth in Article 10, item (iv) of the Order);
(xi)work operating a hoist with power-driven system (excluding electric hoists, air hoists and other hoists pertaining to gondolas);
(xii)Deleted;
(xiii)work involving operation of the machines, etc. (excluding a winching system) listed in Article 15, paragraph (1), item (viii) of the Order;
(xiv)work handling a small-sized boiler (meaning a small-sized boiler set forth in Article 1, item (iv) of the Order, the same applies hereinafter);
(xv)work operating cranes listed as follows (excluding a mobile crane (meaning a mobile crane set forth in Article 1, item (viii) of the Order, the same applies hereinafter)):
(a)a crane having a lifting capacity of less than 5 tons;
(b)a telpher having a lifting capacity of 5 tons or more;
(xvi)work operating a mobile crane with a lifting capacity of less than 1 ton (excluding the case of traveling on the road);
(xvii)work operating a derrick with a lifting capacity of less than 5 tons;
(xviii)work operating a lift for construction work;
(xix)work involving the sling work for a crane, mobile crane or derrick with a lifting capacity of less than 1 ton;
(xx)work operating a gondola;
(xx)-2work operating an air compressor for sending air to a work chamber or man-lock chamber;
(xxi)work operating valves or cocks for adjusting the amount of air to be delivered to working chambers pertaining to work in compressed air;
(xxii)work operating valves and cocks for adjusting the amount of fresh air to be delivered to or air to be let out of a man-lock chamber;
(xxiii)work operating valves and cocks for adjusting ventilation to diving workers;
(xxiv)work operating a recompression chamber;
(xxiv)-2work pertaining to work in hyperbaric chamber;
(xxv)work handling tetraalkyl lead, etc., listed in the Appended Table 5 of the Order;
(xxvi)work pertaining to the work at the place of an oxygen-deficient danger listed in the Appended Table 6 of the Order;
(xxvii)work involving handling, maintenance and repair of special chemical facilities (excluding maintenance work of the class-1 pressure vessels prescribed in Article 20, item (v) of the Order);
(xxviii)work involving radiography by using X-ray apparatus or gamma-ray irradiation apparatus;
(xxviii)-2work handling nuclear fuel substances (meaning nuclear fuel substances prescribed in Article 3, item (ii) of the Atomic Energy Basic Act (Act No. 186 of 1955); the same applies in the following item), spent nuclear fuel (meaning spent nuclear fuel prescribed by Article 2, paragraph (8) of the Act on the Regulation of Nuclear Source Material, Nuclear Fuel Material and Reactors (Act No. 166 of 1957); the same applies in the following item) or materials contaminated with those substances (including nuclear fission product; the same applies in the following item) in the controlled area (meaning the controlled area prescribed in Article 3, paragraph (1) of the Regulation on Prevention of Ionizing Radiation Hazards (Order of the Ministry of Labour No. 41 of 1972); the same applies in the following item) of the processing facilities (meaning the processing facilities prescribed in Article 13, paragraph (2), item (ii) of the Act on the Regulation of Nuclear Source Material, Nuclear Fuel Material and Reactors (Act No. 166 of 1957)), the reprocessing facilities (meaning the reprocessing facilities prescribed in Article 44, paragraph (2), item (ii) of the same Act) or facilities handling those substances (meaning the facilities prescribed in Article 53, item (iii) of the same Act (limited to the facilities handling nuclear fuel substances prescribed in Article 41 of the Enforcement Order of the Act on the Regulation of Nuclear Source Material, Nuclear Fuel Material and Reactors (Cabinet Order No. 324 of 1957)));
(xxviii)-3work handling nuclear fuel substances, spent nuclear fuel or materials contaminated with such substances in the controlled area of nuclear reactor facilities (meaning the facilities prescribed in Article 23, paragraph (2), item (v) of the Act on the Regulation of Nuclear Source Material, Nuclear Fuel Material and Reactors);
(xxix)work pertaining to the specified dust operation set forth in Article 2, paragraph (1), item (iii) of the Ordinance on Prevention of Haazards Due to Dust (Order of the Ministry of Labour No. 18 of 1979, hereinafter referred to as the "Dust Ordinance") (excluding the work that fall under work listed in each item of Article 3 of the Dust Ordinance carried out by controlling oil or water poured by the equipment);
(xxx)work pertaining to excavation of tunnel, etc. and its associated work such as muck-carrying work, material-carrying work and concrete placing work of tunnel lining (limited to work performed inside the tunnel concerned);
(xxxi)work pertaining to instruction, etc. (meaning setting, altering or confirming the motion sequence, position or velocity of a manipulator for a industrial robot (a machine which is composed of manipulators and memory devices (including variable sequence control units and fixed sequence control units; hereinafter the same applies in this item) and capable of automatically performing the motions of manipulators such as telescopic, bending or stretching, raising or lowering, moving to the right or left, revolving motions, and their combined motions based on the information in the memory device, excluding those under research and development or others specified by the Minister of Health, Labour and Welfare), excluding those carried out while the power source of the industrial robot is cut off; hereinafter the same applies in this item) for the industrial robot within its movable range (meaning the maximum movable range in which manipulators and other moving parts of the industrial robot are capable of moving based on the information in the memory device; the same applies hereinafter) and pertaining to the operation of the apparatus for the instruction, etc. carried out outside of the movable range in cooperation with the worker who carries out the instruction, etc., within the movable range;
(xxxii)work related to inspection, repair or adjustment (excluding those corresponding to instruction, etc.), or the confirmation of the result of these actions (hereinafter referred to as "inspection, etc." in this item) (limited to those carried out while the industrial robot is in operation; hereinafter the same applies in this item), or work related to the operation of apparatus pertaining to the inspection, etc. carried out outside of the movable range in cooperation with the worker who carries out the instruction, etc. within the movable range;
(xxxiii)out of the work involving the assembly of automobile tires (excluding those for two-wheeled automobiles), the work of filling the tires with air using an air compressor;
(xxxiv)work of handling soot and dust, burnt ash and other burnt residues in waste incineration facilities that have waste incinerators specified in the Appended Table 1, item (5) of the Enforcement Order of the Act on Special Measures for Prevention of Dioxin, etc. (Cabinet Order No. 433 of 1999) (hereinafter referred to as "waste incineration facilities" except in Article 90, item (v)-3) (excluding the work listed in item (xxxvi) below);
(xxxv)work on maintenance and inspection, etc., of equipment such as waste incinerator and dust collector, etc. installed in waste incineration facilities;
(xxxvi)work of dismantling, etc., equipment such as waste incinerators and dust collectors, etc., installed in waste incineration facilities, and work handling soot and dust, burnt ash and other burnt residues associated with the work; and
(xxxvii)work listed in each item of Article 4, paragraph (1) of the Ordinance on Prevention of Health Impairment due to Asbestos (Order of the Ministry of Health, Labour and Welfare No. 21 of 2005; hereinafter referred to as the "Asbestos Ordinance").
(Omission of Subjects of Special Education Curricula)
Article 37The employer may, for workers who are found to have sufficient knowledge and skill pertaining to all or part of the curricula of the special education set forth in Article 59, paragraph (3) of the Act (hereinafter referred to as "special education"), omit whole or a part of the subjects of the special education curricula.
(Preserving the Record of Special Education)
Article 38When having given special education to workers, the employer must record the subjects and names of those who attended the special education course and preserve the records for three years.
(Details of the Special Education)
Article 39Beyond what is set forth the preceding two Articles and Article 592-7, necessary matters in implementing the special education pertaining to the work listed in Article 36, items (i) through (xiii), item (xxvii), and items (xxx) through (xxxvi) are specified by the Minister of Health, Labour and Welfare.
(Education of Foremen)
Article 40(1)The matters prescribed by the Order of the Ministry of Health, Labour and Welfare set forth in Article 60, item (iii) of the Act are to be as follows:
(i)matters related to the investigation of the danger or harmful effect, etc., prescribed in Article 28-2, paragraph (1) of the Act, and measures to be taken based on the results of the investigation;
(ii)matters related to measures when abnormalities occur; and
(iii)other matters related to actions to be taken by the site supervisor in regard to prevention of industrial accidents.
(2)The education for safety and health set forth in Article 60 of the Act must be implemented for the matter listed in the left column of the following Table for the hours equal to or longer than the hours listed in the right column of the same Table.
Matter
No. of Hours
Matters listed in Article 60, item (i) of the Act
2 hours
(i) method of deciding work procedures
(ii) method of appropriate arrangement of workers
Matters listed in Article 60, item (ii) of the Act
2.5 hours
(i) method of guidance and education
(ii) method of supervision and instruction during work
Matters listed in item (i) of the preceding paragraph
4 hours
(i) method of investigation of the danger or harm, etc.
(ii) measures to be taken based on the results of the investigation of the danger or harm, etc.
(iii) specific method of improvement for equipment, work, etc.
Matters listed in item (ii) of the preceding paragraph
1.5 hours
(i) measures to be taken when abnormality occurs
(ii) measures to be taken when natural disasters occur
Matters listed in item (iii) of the preceding paragraph
2 hours
(i) method of maintenance and management of the equipment and work place pertaining to work
(ii) method of maintaining worker interest in, and eliciting ideas from, workers for preventing industrial accidents
(3)The employer may, for a person who is found to have sufficient knowledge and skill of all or part of the matters listed in the left column of the Table set forth in the preceding paragraph, omit the education of those matters.
(Publication of Guidelines)
Article 40-2The provisions of Article 24 apply mutatis mutandis to the publication of the guidelines pursuant to the provisions of Article 60-2, paragraph (2) of the Act.
(Plans of Safety and Health Education at Designated Workplaces and Reports of Results of Their Implementation)
Article 40-3(1)As regards designated workplaces or workplaces that the Director of the competent Prefectural Labour Bureau designates in consideration of the occurrence rate of industrial accidents, etc., the employer must formulate a specific plan of education for safety or health pursuant to the provisions of Article 59 and Article 60 of the Act.
(2)The employer set forth in the preceding paragraph must submit a report using Form No. 4-5 to the Chief of the competent Labour Standards Inspection Office by April 30 of each year, notifying the results of education for safety or health implemented during the period of April 1 of the preceding year to March 31 of that year pursuant to the provisions of Article 59 and Article 60 of the Act.
Chapter V Restriction on Employment
(Qualifications Regarding Restriction on Employment)
Article 41A person who is eligible to engage in the work prescribed in Article 61, paragraph (1) of the Act is to be a person listed in the right column of the Appended Table 3 in accordance with the business type listed in the left column of the same Table.
(Special Provisions for Vocational Training)
Article 42(1)The employer, when it is necessary to have a worker who is to receive the approved vocational training pertaining to the approval set forth in Article 24, paragraph (1) of the Human Resources Development Promotion Act (hereinafter referred to as "trainee") obtain skills to engage in work listed in Article 20, item (ii), item (iii), items (v) through (viii) or items (xi) through (xvi) of the Order, has taken the following measures, may have the trainee engage in the work after six months have passed from the commencement of the vocational training (five months for a trainee of the training course for a period of six months and who is to engage in work listed in Article 20, item (ii), item (iii), or items (v) through (viii) of the Order, three months for a trainee of the training course and who is engaged in the work listed in items (xi) through (xvi)) notwithstanding the provisions of Article 61, paragraph (1) of the Act:
(i)to have the vocational training instructor advise the trainee on the necessary matters for preventing possible danger or health impairment from the work to be performed throughout the period during which the trainee is to engage in the work; and
(ii)to provide the trainee with education concerning the matters necessary for the maintenance of safety and health for the work to be performed in advance.
(2)The employer , when it is necessary to have the trainee engage in the work listed in Article 20, paragraph (1), item (x) of the Order, has taken the measures set forth in the preceding paragraph, notwithstanding the provisions of Article 61, paragraph (1) of the Act, may have the trainee engage in the work immediately after the commencement of the vocational training.
(3)The provisions of Article 61, paragraph (2) of the Act do not apply to the trainee set forth the preceding two paragraphs.
Chapter VI Measures for Maintaining and Promoting Workers' Health
Section 1 Working Environment Measurement
(Publication of Working Environment Measurement Guidelines)
Article 42-2The provisions of Article 24 apply mutatis mutandis to the publication of the guidelines for the working environment measurement pursuant to the provisions of Article 65, paragraph (3) of the Act.
(Instructions for Working Environment Measurement)
Article 42-3The instructions pursuant to the provisions of Article 65, paragraph (5) of the Act are to be given by a document stating the workshop where the working environment measurement should be performed and other necessary matters.
Section 1-2 Medical Examinations
(Medical Examination at the Time of Employment)
Article 43When employing a worker as a regular employee, the employer must provide the worker with a medical examination by a physician on the following check items; provided, however, that this does not apply to the case of employing a person who has undergone a medical examination by a physician within three months before the time of employment and the person has submitted the document certifying the result of the medical examination, for the check items corresponding to those of the medical examination:
(i)investigation of anamnesis and work history;
(ii)examination of the presence of subjective and objective symptoms;
(iii)examination of height, weight, eyesight, and hearing (hearing pertaining to sound levels of 1,000 HZ or 4,000 HZ; the same applies in paragraph (1), item (iii) of the following Article);
(iv)thoracic X-ray examination;
(v)blood pressure measurement;
(vi)examination of hemoglobin content and erythrocyte count (referred to as "anemia examination" in paragraph (1), item (vi) of the following Article);
(vii)examination of serum glutamic oxaloacetic transaminase (GOT), glutamic pyruvic transaminase (GPT) and gamma-glutamyl transpeptidase (GGT) (referred to as "examination of hepatic function" in paragraph (1), item (vii) of the following Article).
(viii)examination of total cholesterol level in blood serum, high-density lipoprotein cholesterol (HDL cholesterol) and triglyceride level in blood serum (referred to as "examination of blood lipid levels" in paragraph (1), item (viii) of the following Article);
(ix)examination of blood sugar level;
(x)examination of the presence or absence of sugar and protein in the urine (referred to as "urine analysis" in paragraph (1), item (x) of the following Article); and
(xi)electrocardiogram examination.
(Periodical Medical Examination)
Article 44(1)The employer must provide a regularly employed worker (excluding the worker prescribed in Article 45, paragraph (1)) with a medical examination by a physician on the following check items periodically once each period not exceeding a year:
(i)investigation of anamnesis and work history;
(ii)examination of the presence of subjective and objective symptoms;
(iii)examination of height, weight, eyesight and hearing;
(iv)thoracic X-ray examination and sputum examination;
(v)blood pressure measurement;
(vi)anemia examination;
(vii)examination of hepatic function;
(viii)examination of blood lipid levels;
(ix)examination of blood sugar level;
(x)urine analysis; and
(xi)electrocardiogram examination.
(2)The check items for the medical examination set forth the preceding paragraph listed in the following items are to be the items listed in each item of the same paragraph (excluding item (iv)):
(i)the medical examination conducted, for a person who has not been diagnosed as requiring continuous medical observation (meaning a person who was not diagnosed as having traces of a cured past disease which is considered to be tuberculosis from the results of the thoracic x-ray examination, and a person who was not diagnosed as being apt to be affected by tuberculosis by the physician in charge; the same applies in the following item) from the result of the medical examination conducted pursuant to the provisions of the preceding Article or the preceding paragraph in the fiscal year (meaning the 12 months from April 1 through March 31; hereinafter the same applies in this paragraph and Article 44-2 and Article 46) in which the person reached the ages of 16, in fiscal years in which the person reaches the ages of 17 and 18 respectively by the employer who conducted the medical examination; and
(ii)the medical examination that is conducted for a person who has not been diagnosed as requiring continuous medical observation from the result of the medical examination conducted pursuant to the provisions of the preceding Article in the fiscal year in which the person reached the ages of 17, in fiscal years in which the person reaches the ages of 18, by the employer who conducted the medical examination.
(3)Check items listed in paragraph (1), item (iii), item (iv), and items (vi) through (xi) may be omitted when the physician finds them unnecessary, based on the standards provided by the Minister of Health, Labour and Welfare.
(4)For a person who has received the medical examination set forth in the preceding Article, Article 45-2 or the first sentence of Article 66, paragraph (2) of the Act (including a person who has submitted the documents prescribed in the proviso of preceding Article), the medical examination set forth in paragraph (1) may be provided by omitting the check items corresponding to those which have already been received limited to one year from the date on which the medical examination has been conducted.
(5)The check item listed in paragraph (1), item (iii) (limited to the hearing test) may be substituted with a hearing test (excluding hearing pertaining to the sound level of 1,000 Hz or 4,000 Hz) found appropriate by the physician for those under the age of 45 (excluding those who are 35 and 40), notwithstanding the provisions of the same paragraph.
(Special Provisions of Medical Examination for Those 15 Years Old and Younger)
Article 44-2(1)The employer may, notwithstanding the provisions of the preceding two Articles, choose not to provide the medical examination pursuant to these provisions (excluding the medical examination set forth in Article 43 pertaining to those who have graduated from the secondary education school under the School Education Act or an equivalent school) for those who are 15 years old or younger in the fiscal year including the day on which the medical examination set forth in the preceding two Articles is to be conducted and have already received or are expected to receive the medical examination under Article 4 or Article 6 of the School Health Act.
(2)A person who is 15 years old or younger in the fiscal year including the day on which the medical examination set forth in the preceding two Articles is to be conducted, and who is not specified in the preceding paragraph, may be exempted from all or a part of check items of the medical examination, when the physician finds them unnecessary.
(Medical Examination for Those Engaged in Specified Work)
Article 45(1)The employer must provide the worker engaging regularly in work listed in Article 13, paragraph (1), item (ii) with a medical examination by a physician covering the check items listed in the items of Article 44, paragraph (1), at the time when the worker is transferred to that work and periodically once each period not exceeding six months.In this case, it is sufficient for the examination on the check item set forth in item (iv) of the same paragraph to be conducted once each period not exceeding a year.
(2)As regards the medical examination set forth in the preceding paragraph (limited to a periodical exmination), when the physician finds them unnecessary, notwithstanding the provisions of the preceding paragraph, for a person who has received a previous medical examination on the check items listed in Article 44, paragraph (1), items (vi) through (ix) and item (xi), the medical examination may be conducted by omitting all or part of those check items.
(3)The provisions of Article 44, paragraph (3) and (4) apply mutatis mutandis to the medical examination set forth in paragraph (1).In this case, the term "for a year" in paragraph (4) of the same Article is deemed to be replaced with "for six months."
(4)Out of the check items of the medical examination set forth in paragraph (1) (limited to a periodical examination), the check item listed in Article 44, paragraph (1), item (iii) (limited to a hearing test) may be substituted by a hearing test found appropriate by the physician (excluding hearing pertaining to the sound level of 1,000 Hz or 4,000 Hz) for a person who has already received the hearing test in the previous medical examination or a person who is under 45 years old (excluding those who are 35 and 40), notwithstanding the provisions of paragraph (1).
(Medical Examination for Workers Dispatched Overseas)
Article 45-2(1)When seeking to dispatch a worker overseas for six months or longer, the employer must provide in advance the worker with a medical examination by a physician regarding matters listed in each item of Article 44, paragraph (1) and the matters found necessary by the physician from among those specified by the Minister of Health, Labour and Welfare.
(2)When having the worker who has been dispatched abroad for six months or longer assigned to a work in the area of Japan (excluding those to be assigned temporarily), the employer must provide the worker with the medical examination by a physician regarding matters listed in each item of Article 44, paragraph (1) and the matters found necessary by the physician from among those specified by the Minister of Health, Labour and Welfare.
(3)The medical examination set forth in paragraph (1) for those who have undergone the medical examination provided for in Articles 43, Article 44 and the preceding Article or the first sentence of Article 66, paragraph (2) of the Act (including those who have submitted the documents prescribed by the proviso of Article 43, paragraph (1)) may omit the check items corresponding to those of the previously received medical examination limited to a period of six months from the day on which the previous medical examination has been conducted.
(4)The provisions of Article 44, paragraph (3) apply mutatis mutandis to the medical examination set forth in paragraph (1) and (2).In this case, the term "item (iv) and items (vi) through (xi)" in Article 44, paragraph (3) is deemed to be replaced with "and item (iv)."
(Tuberculosis Examination)
Article 46For the workers who have been diagnosed as having a risk of developing tuberculosis in the medical examination under Article 43, Article 44, Article 45 or the preceding Article (for the medical examination on workers other than those specified in Article 45, paragraph (1), limited to the medical examination conducted in the fiscal year after the fiscal year in which they reached 19 years of age), the employer must provide the workers with a medical examination by a physician on the following check items after approximately six months from the diagnosis.In this case, the check items listed under item (ii) may be omitted if they are found to be unnecessary by the physician:
(i)examination by direct radiography and sputum examination; and
(ii)auscultation, percussion and other necessary examinations.
(Examination of Feces for Food Supply Workers)
Article 47The employer must provide the worker engaging in the work of providing meals at a dining hall or a kitchen attached to the workplace with a feces examination at the time of employment or at the time of being transferred to the work.
(Medical Examination by a Dentist)
Article 48The employer must provide the worker engaging regularly in the work set forth in Article 22, paragraph (3) of the Order with a medical examination by a dentist at the time of employment or of transfer to the work and once each period not exceeding six months periodically after the worker has been assigned to the work.
(Instruction of Medical Examination)
Article 49The instruction pursuant to the provisions of Article 66, paragraph (4) of the Act is to be given by a document stating the check items to be examined, the scope of workers that should undergo the medical examination and other necessary matters.
(Certificate of Medical Examination Provided by a Physician that a Worker Desired)
Article 50The document set forth in the proviso of Article 66, paragraph (5) of the Act must be a document stating the result for each check item of the medical examination the worker has undergone.
(Voluntary Medical Examination)
Article 50-2The requirements prescribed by the Order of the Ministry of Health, Labour and Welfare set forth in Article 66-2 of the Act apply to the worker who is employed as a regular employee, and engage in the midnight work four times or more per month on average during the six months prior to the date of the voluntary medical examination under the same Article.
Article 50-3A worker falling under the requirements provided for in the preceding Article may submit to the employer the document certifying the result of the medical examination by a physician on all or part of the check items listed in each item of Article 44, paragraph (1) of the Act; provided, however, that this does not apply when 3 months have passed from the day of the medical examination.
Article 50-4The document set forth in Article 66-2 of the Act must be a document stating the result for each check item of the medical examination the worker has undergone.
(Preparation of the Record of Results of Medical Examinations)
Article 51The employer must prepare the individual medical examination cards (Form No. 5) for individual employees based on the results of the medical examination set forth in Article 43, Article 44, or Articles 45 through 48, or medical examination conducted through the instruction under the provision of Article 66, paragraph (4) of the Act (including the medical examination undergone by the worker in the case set forth in the proviso of Article 66, paragraph (5) referred to as "medical examination set forth in Article 43, etc." in the following Article), or the voluntary medical examination set forth in Article 66-2 of the Act, and preserve the medical examination cards for five years.
(Hearing of Opinions of Physicians on the Results of Medical Examination)
Article 51-2(1)A hearing of opinions of a physician or a dentist pursuant to the provisions of Article 66-4 of the Act, based on the result of medical examination set forth in Article 43, etc., must be carried out as prescribed as follows:
(i)to carry out the hearing within three months from the day when the medical examination set forth in Article 43, etc., has been conducted (in the case under the proviso of Article 66, paragraph (5) of the Act, on the day that the worker submitted the document certifying the results of the medical examination to the employer); and
(ii)to enter the opinions heard from the physician or dentist into the individual medical examination card.
(2)A hearing of opinions from a physician pursuant to the provisions of Article 66-4 of the Act, based on the result of voluntary medical examination set forth in Article 66-2 of the Act must be carried out as prescribed as follows:
(i)to carry out the hearing within two months from the day when the document certifying the result of the medical examination was submitted to the employer; and
(ii)to enter the opinions heard from the physician into the individual medical examination card.
(Publication of Guidelines)
Article 51-3The provisions of Article 24 apply mutatis mutandis to the publication of guidelines pursuant to the provisions of Article 66-5, paragraph (2) of the Act.
(Notification of the Result of the Medical Examination)
Article 51-4The employer must notify, without delay, a worker who has undergone a medical examination set forth in Article 66, paragraph (4), Article 43, Article 44, or Articles 45 through 48 of the Act, the results of the medical examination.
(Report of Result of Medical Examinations)
Article 52The employer who regularly employs 50 or more workers must submit, without delay, a report of the results of a periodical medical examination (Form No. 6) to the Chief of the competent Labour Standards Inspection Office, when the employer has conducted a medical examination set forth in Articles 44, Article 45 or Article 48 (limited to periodical examinations).
Section 1-3 Face-to-Face Guidance
(Requirement of Workers Subject to Face-to-Face Guidance)
Article 52-2(1)The requirements prescribed by the Order of Ministry of Health, Labour and Welfare set forth in Article 66-8, paragraph (1) of the Act are to be for a person whose working hours per week has exceeded 40 hours excluding break hours and the total working hours exceeding 40 hours per week has exceeded 100 hours per month, and who is found to have accumulated fatigue; provided, however, that a worker who has undergone face-to-face guidance within one month before the date set forth in the following paragraph or other workers with similar conditions for whom the need to undergo face-to-face guidance was not found by a physician are excluded.
(2)The excess working hours set forth in the preceding paragraph must be calculated more than once a month by designating a fixed date.
(Implementation Method of Face-to-Face Guidance)
Article 52-3(1)Face-to-face guidance is to be provided at the request of workers who fall under the requirements set forth in paragraph (1) of the preceding Article.
(2)The request set forth in the preceding paragraph is to be made without delay after the date set forth in paragraph (2) of the preceding Article.
(3)When there is a request set forth in paragraph (1) from a worker, the employer must provide face-to-face guidance without delay.
(4)An industrial physician may recommend the worker whose working conditions fall under the requirements set forth in paragraph (1) of the preceding Article to make the request set forth in paragraph (1).
(Matters to be Confirmed in Face-to-Face Guidance)
Article 52-4The physician, in providing face-to-face guidance, is to confirm the following matters for the worker who made a request set forth in paragraph (1) of the preceding Article:
(i)working conditions of the worker;
(ii)conditions of accumulated fatigue of the worker; and
(iii)beyond what is set forth in the preceding item, mental and physical conditions of the worker.
(Certification of Face-to-Face Guidance Provided by the Physician that a Worker Desired)
Article 52-5The document set forth in the proviso of Article 66-8, paragraph (2) of the Act must be a document stating the following matters concerning face-to-face guidance provided for the worker:
(i)the date of guidance;
(ii)the name of the worker;
(iii)the name of the physician who provided face-to-face guidance;
(iv)the conditions of accumulated fatigue of the worker; and
(v)beyond what is set forth in the preceding item, the mental and physical conditions of the worker.
(Preparation of Record of Results of Face-to-Face Guidance)
Article 52-6(1)The employer must make a record of the results of the face-to-face guidance (including the face-to-face guidance provided to the worker under the case provided in the proviso of Article 66-8, paragraph (2) of the Act; the same applies in the following Article) based on its results and preserve them for five years.
(2)The record set forth in the preceding paragraph must state the matters listed in each item of the preceding Article and the opinions of the physician pursuant to the provisions of Article 66-8, paragraph (4) of the Act.
(Hearing Opinions from the Physician on the Results of Face-to-Face Guidance)
Article 52-7The hearing of opinions from the physician based on the results of face-to-face guidance pursuant to the provisions of Article 66-8, paragraph (4) of the Act must be carried out without delay after the face-to-face guidance (after the worker submitted the document certifying the results of the face-to-face guidance in the case set forth in the proviso of Article 66-8, paragraph (2) of the Act) is implemented.
(Implementation of Necessary Measures Prescribed in Article 66-9 of the Act)
Article 52-8(1)The necessary measures set forth in Article 66-9 of the Act are to be the implementation of face-to-face guidance or measures equivalent to face-to-face guidance.
(2)The necessary measures set forth in Article 66-9 of the Act are to be provided for the following persons:
(i)a worker who is found to have accumulated fatigue or has health concerns due to long working hours; and
(ii)beyond what is set forth in the preceding item, workers who fall under the standard established in the workplace concerning necessary measures set forth in Article 66-9 of the Act.
(3)The necessary measures set forth in Article 66-9 of the Act for workers set forth in item (i) of the preceding paragraph are to be taken at the request of the worker.
Section 2 Personal Health Record
(Issuance of Personal Health Record)
Article 53(1)A person who falls under the requirements prescribed by the Order of the Ministry of Health, Labour and Welfare set forth in Article 67, paragraph (1) of the Act is to be the person who has engaged in the work listed in the left column of the following Table and falls under the requirements listed in the right column of the same Table in accordance with the work, at the time of or after the separation from their service, after the date on which the Labour Standards Act (Act No. 49 of 1947) came into effect, or other persons who fall under the requirements specified by the Minister of Health, Labour and Welfare.
Work
Requirement
Work set forth in Article 23, item (i), (ii) or (xii) of the Order
To have experience of having engaged in the work for three months or longer
Work set forth in Article 23, item (iii) of the Order
Pneumoconiosis supervision classification determined pursuant to the provisions of Article 13, paragraph (2) of the Pneumoconiosis Act (Act No. 30 of 1960) is No. II or III (including as applied mutatis mutandis pursuant to Article 15, paragraph (3), Article 16, paragraph (2), and Article 16-2, paragraph (2) of the same Act)
Work set forth in Article 23, item (iv) of the Order
To have experience of having engaged in the work for four years or longer
Work set forth in Article 23, item (v) of the Order
To have experience of having engaged in the work for five years or longer
Work set forth in Article 23, item (vi) of the Order
To have experience of having engaged in the work for five years or longer
Work set forth in Article 23, item (vii) of the Order
To have experience of having engaged in the work for three years or longer
Work set forth in Article 23, item (viii) of the Order
To have tubercular shadow of a pervasive nature due to beryllium on both lungs
Work set forth in Article 23, item (ix) of the Order
To have experience of having engaged in the work for three years or longer
Work set forth in Article 23, item (x) of the Order
To have experience of having engaged in the work for four years or longer
Work set forth in Article 23, item (xi) of the Order
To have irregular shadows due to asbestos, or pleural thickening due to asbestos on both lungs
(2)The personal health record (hereinafter referred to as "the record") is to be issued, based on the application by a person who falls under the requirement prescribed in the preceding paragraph, by the Director of the competent Prefectural Labour Bureau (for a person who falls under the requirements after the person's separation from the service, by the Director of the Prefectural Labour Bureau who has jurisdiction over the area where the person resides).
(3)A person who seeks to make the application set forth in the preceding paragraph must submit a Personal Health Record Issuance Application (Form No. 7) to the Director of the competent Prefectural Labour Bureau (for a person who falls under the requirements of paragraph (1) after the person's separation from the service, to the Director of the Prefectural Labour Bureau who has jurisdiction over the area where the person resides) by attaching documents certifying the fact that the person falls under the requirements of paragraph (1) (when the document is not available, written statement on the fact) including a thoracic direct radiology or special radiology in the case of a person who seeks to make the application pertaining to the work set forth in Article 23, item (viii) or item (xi) of the Order).
(Form of the Record)
Article 54The record is to be prepared using Form No. 8.
(Recommendation to Receive Medical Examinations)
Article 55When issuing the record, the Director of the Prefectural Labour Bureau is to recommend the person who receives the record to undergo the medical examinations specified by the Minister of Health, Labour and Welfare.
Article 56When making the recommendation set forth in the preceding Article, the Director of the Prefectural Labour Bureau is to notify the person who receives the record of the number of times and the method of medical examinations the person is to undergo and other matters necessary for the person to receive the examinations.
(Submission of the Record)
Article 57(1)A person who has received the record (hereinafter referred to as "the holder of the record"), when the person undergoes a medical examination pertaining to the recommendation set forth in Article 55 (hereinafter referred to as "the medical examination" in this Article), must submit the record to the medical institution, which performs the medical examination.
(2)The medical institution set forth in preceding paragraph, when having performed the medical examination for the holder of the record, must record the results of the examination in the record of the person.
(3)The medical institution set forth in paragraph (1), when having performed the medical examination for the holder of the record, must submit the report using Form No. 9 to the Director of the Prefectural Labour Bureau who has jurisdiction over the area where the medical institution is located without delay.
(Renewal of the Record)
Article 58The holder of the record, when having changed their name or address, must submit a personal health record renewal application (Form No. 10) within 30 days, with the record attached, to the Director of the Prefectural Labour Bureau who has jurisdiction over the area where the holder resides, and have the record renewed.
(Reissuance of the Record)
Article 59(1)The holder of the record, when having lost or damaged the record, must submit a personal health record reissuance application (Form No. 10) to the Director of the Prefectural Labour Bureau who has jurisdiction over the area where the holder resides and have the record reissued.
(2)The person who has damaged the record, when making an application set forth in the preceding paragraph, must attach the damaged record to the application form.
(3)The holder of the record, when they find the record that had been lost after having the record reissued, must return the record that had been once lost to the Director of the Prefectural Labour Bureau set forth in paragraph (1).
(Return of the Record)
Article 60When the holder of the record has died, the heir or the statutory agent of the holder of the record must return the record, without delay, to the Director of the Prefectural Labour Bureau who has jurisdiction over the area where the holder resided.
Section 3 Prohibition of Employing a Sick Person
Article 61(1)The employer must prohibit a person who falls under any of the following item from engaging in work; provided, however, that this does not apply when preventive measures for infectious disease were taken for a person listed in item (i):
(i)a person who has contracted an infectious disease, which has a risk of communicating infectious agents to other persons;
(ii)a person who is suffering from such diseases as a heart disease, a kidney disease or a lung disease which are anticipated to worsen the person's physical condition as a result of employment in work; and
(iii)a person who is suffering from similar diseases as the diseases set forth in the preceding items specified by the Minister of Health, Labour and Welfare.
(2)The employer must obtain in advance opinions of an industrial physician or other medical specialists, when seeking to prohibit a person from engaging in work pursuant to the provisions of the preceding paragraph.
Section 4 Publication of Guidelines
Article 61-2The provisions of Article 24 apply mutatis mutandis to the publication of the guidelines pursuant to the provisions of Article 70-2, paragraph (1) of the Act.
Chapter VI-2 Measures for Establishing a Comfortable Working Environment
Article 61-3(1)The Director of the Prefectural Labour Bureau, when the employer has formulated and submitted the plan necessary to implement measures for establishing a comfortable work environment, and the Director finds that the plan is appropriate in light of the guidelines set forth in Article 71-3 of the Act, may approve the plan.
(2)The Director of Prefectural Labour Bureau, in giving the assistance set forth in Article 71-4 of the Act, is to pay special consideration to the employer who obtained the approval set forth in the preceding paragraph.
Chapter VII Licenses
Section 1 License
(Person Eligible to Obtain a License)
Article 62A person eligible to obtain the license set forth in Article 12, paragraph (1), Article 14, or Article 61, paragraph (1) of the Act (hereinafter referred to as "license") is to be the person listed in the right column of the Appended Table 4 in accordance with the type of license listed in the left column of the same Table.
(Disqualification Clause for License)
Article 63The person prescribed by the Order of the Ministry of Health, Labour and Welfare set forth in Article 72, paragraph (2), item (ii) of the Act pertaining to the licenses for the operations chief of gas welding, operations chief of forestry cableway, blasting operator or cargo lifting appliance operator is to be under 18 years of age.
(Prohibition of Duplicate Acquisition of Licenses)
Article 64A person who has already obtained a license is not allowed to obtain the same license in duplicate; provided, however, that this does not apply to the cases where a person listed in the following items obtains the license listed in each item:
(i)a person who has a crane or derrick operator's license that limits the type of machines that the person is permitted to operate pursuant to the provisions of Article 224-4, paragraph (1) of the Safety Ordinance for Cranes (Order of the Ministry of Labour No. 34 of 1972; hereinafter referred to as the "Crane Ordinance") to floor-driving cranes (meaning the crane prescribed in Article 223, item (iii) of the Crane Ordinance, the same applies hereinafter):a crane or derrick operator's license that does not limit the type of machines allowed to operate, or a crane or derrick operator's license that limits the type of machines allowed to operate to cranes pursuant to the provisions of paragraph (2) of the same Article; and
(ii)a person who has a crane or derrick operator's license that limits the type of machines allowed to operate pursuant to the provisions of Article 224-4, paragraph (2) of the Crane Ordinance:a crane or derrick operator's license that does not limit the type of machines allowed to operate.
(Person Prescribed by the Order of the Ministry of Health, Labour and Welfare Set Forth in Article 72, Paragraph (3) of the Act)
Article 65(1)A person prescribed by the Order of the Ministry of Health, Labour and Welfare set forth in Article 72, paragraph (3) of the Act pertaining to the license for blasting operators is to be the person who is not able to appropriately operate the boring machine, feeder or firing machine, and is not able to appropriately inspect and treat the connection, charge for misfires and residual gunpowder in carrying out the work pertaining to the license due to mental or physical disability.
(2)A person prescribed by the Order of the Ministry of Health, Labour and Welfare set forth in Article 72, paragraph (3) of the Act pertaining to the license for cargo lifting appliance operators is to be the person who is not able to appropriately carry out necessary operation of the cargo lifting appliance or confirmation of the situation around the cargo lifting appliance in carrying out the work pertaining to the license due to mental or physical disability.
(3)A person prescribed by the Order of the Ministry of Health, Labour and Welfare set forth in Article 72, paragraph (3) of the Act pertaining to the license for operations chief of gas welding is to be the person who is not able to appropriately operate the welding apparatus in carrying out the work pertaining to the license due to the mental or physical disability.
(Consideration of Means to Cover Disability)
Article 65-2The Director of the Prefectural Labour Bureau, when they find that the person who applied for the license for blasting operator, cargo lifting appliance operator, operations chief of gas welding falls under the person prescribed by paragraph (1), (2), or (3) of the preceding Article, and decide whether or not to grant the license to the person, must take into account the means to compensate for disability used by the person or the situation in which the disability is compensated or the level the disability is reduced due to the medical treatment which the person is actually receiving.
(License with Conditions)
Article 65-3(1)The Director of the Prefectural Labour Bureau may grant a license for blasting operator or operations chief of gas welding to a person who has mental or physical disability by limiting the type of work which the person can operate, or by attaching other necessary conditions concerning the operation.
(2)The Director of the Prefectural Labour Bureau may grant a license for cargo lifting appliance operator to a person who has mental or physical disability by limiting the type of cargo lifting appliance which the person can operate, or by attaching other necessary conditions concerning the operation.
(Revocation of License)
Article 66The cases prescribed by the Order of the Ministry of Health, Labour and Welfare set forth in Article 74, paragraph (2), item (v) of the Act are as follows:
(i)when misbehavior or other wrongful actions are performed in taking the license examination; and
(ii)when the person has transferred or lent the license to other persons.
(Issuance of License)
Article 66-2(1)The license is to be granted by issuing a license (Form No. 11).In this case, when two or more types of licenses are granted to a person on the same day, matters related to the other types of license are to be entered into the license for one type of license in lieu of issuing the license for other types of licenses.
(2)When the license for a different type of license is to be granted to a person who has already been granted a license, matters related to the previously granted license (excluding the matters pertaining to the lower qualifications than those of the license to be newly issued if the license for lower qualification is included in the existing license) are to be entered into the new license and issued by replacing the previous license.
(3)When a person who already has a crane or derrick operator's license limiting the type of machine allowed to operate pursuant to the provisions of Article 224-4, paragraph (1) of the Crane Ordinance to floor-driving cranes is to be granted a crane or derrick operator's license that does not limit the type of machine allowed to operate or a crane or derrick operator's license limiting the type of machine allowed to operate to cranes pursuant to the provisions of paragraph (2) of the same Article, or when a person who already has a crane or derrick operator's license limiting the type of machine allowed to operate pursuant to the provisions of the same paragraph to cranes is to be granted a crane or derrick operator's license that does not limit the type of machine allowed to operate, a license for a crane or derrick operator's license is to be issued in exchange for the license the person already possessed.In this case, when the person already has a license other than the crane or derrick operator's license, matters related to the license that the person already possessed are to be entered into the license for the crane or derrick operator's license.
(Application Procedures for Obtaining License)
Article 66-3(1)A person who has passed the license examination and is to receive a license (excluding a person who falls under the following paragraph) must submit a written license application (Form No. 12) to the Director of the Prefectural Labour Bureau which has conducted the license examination without delay, after having passed the license examination.
(2)A person who has passed the license examination conducted by the designated examining body set forth in Article 75-2 of the Act (hereinafter referred to as "the designated examining body") and is to receive the license must submit a written license application set forth in the preceding paragraph together with the document prescribed in Article 71-2 to the Director of the Prefectural Labour Bureau that has jurisdiction over the location of the office of the designated examining body without delay, after having passed the license examination.
(3)A person other than the person who has passed the license examination who seeks to receive a license must submit a written license application set forth in paragraph (1) to the Director of the Prefectural Labour Bureau that has jurisdiction over the area where the person resides.
(Reissuance or Renewal of the License)
Article 67(1)A person who has been issued the license and is actually engaging in or seeks to engage in the work related to the license, when having lost or damaged the license, must submit a written application for reissuance of the license (Form No. 12) to the Director of the Prefectural Labour Bureau that issued the license or to the Director of the Prefectural Labour Bureau that has jurisdiction over the area where the person resides and have the license reissued.
(2)A person prescribed in the preceding paragraph, when having changed their permanent address or name, must submit a written application for renewal of the license (Form No. 12) to the Director of the Prefectural Labour Bureau that issued the license or to the Director of the Prefectural Labour Bureau that has jurisdiction over the area where the person resides and have the license renwed.
(Return of the License)
Article 68(1)A person who has received a disposition of license revocation pursuant to the provisions of Article 74 of the Act must return the license without delay to the Director of the Prefectural Labour Bureau that has revoked the license.
(2)The Director of the Prefectural Labour Bureau that has received the license returned pursuant to the provisions of the preceding paragraph, when matters related to the license other than that revoked are stated on the license, is to delete the matters related to the revoked license and reissue the license.
(License Examination)
Article 69The classification of the license examinations prescribed by the Order of the Ministry of Health, Labour and Welfare set forth in Article 75, paragraph (1) of the Act is as follows:
(i)license examination for class-l health supervisor;
(i)-2license examination for class-2 health supervisor;
(ii)license examination for operations chief of work in pressurized chamber;
(iii)license examination for operations chief of gas welding;
(iv)license examination for operations chief of forestry cableway;
(v)License examination for special class boiler expert;
(vi)license examination for class-1 boiler expert;
(vii)license examination for class-2 boiler expert;
(viii)license examination for operations chief of radiography with X-rays;
(viii)-2license examination for operations chief of radiography with gamma-rays;
(ix)license examination for blasting operator;
(x)license examination for cargo lifting appliance operator;
(xi)license examination for special class boiler welder;
(xii)license examination for ordinary class boiler welder;
(xiii)license examination for boiler maintenance technician;
(xiv)license examination for crane or derrick operator;
(xv)license examination for mobile crane operator; and
(xvi)license examination for marine diver.
(Eligibility for Examination and Examination Subjects)
Article 70The eligibility for examination and the examination subjects of license examinations set forth in item (i), item (i)-2, item (iii), item (iv), item (ix) and item (x) of the preceding Article, and a person who is exempt from a number of the subjects of the license examination and the subjects to be exempted pursuant to the provisions of Article 75, paragraph (3) of the Act are as prescribed in the Appended Table 5.
(Procedures for Taking Examination)
Article 71A person who seeks to take the license examination must submit a written application for license examination (Form No. 14) to the Director of the Prefectural Labour Bureau (to a designated examining body for a person who seeks to take a license examination that the designated examining body conducts).
(Notice of Passing the Examination)
Article 71-2The Director of the Prefectural Labour Bureau or the designated examining body is to notify in writing a person who has passed the license examination of that fact.
(Details of the License Examination)
Article 72Beyond what is set forth in the preceding three Articles, the necessary matters for conducting the license examination listed in Article 69, item (i), item (i)-2, item (iii), item (iv), item (ix) and item (x) are specified by the Minister of Health, Labour and Welfare.
Section 2 Practical Training
Article 73Deleted
(Training Subjects)
Article 74The training subjects of the cargo lifting appliance operation practical training course are as follows:
(i)basic operation of cargo lifting appliance;
(ii)applied operation of cargo lifting appliance; and
(iii)basic oeration of signals.
(Procedures for Receiving Practical Training)
Article 75A person who seeks to receive the practical training set forth in Article 75, paragraph (3) of the Act (hereinafter referred to as "practical training") must submit a written application using Form No. 15 to a registered training institution set forth in Article 77, paragraph (3) of the Act where the training is provided (hereinafter referred to as the "registered training institution").
(Issuance of Practical Training Completion Certificate)
Article 76The registered training institution that has provided the practical training must issue without delay, a practical training completion certificate (Form No. 16) to a person who has completed the training.
(Details of the Practical Training)
Article 77Beyond what is set forth in the preceding three Articles, necessary matters for conducting a cargo lifting appliance operation practical training course are specified by the Minister of Health, Labour and Welfare.
Section 3 Skills Training Course
Article 78Deleted
(Qualifications for Taking Skills Training Courses and Training Subjects)
Article 79The eligibility for taking the skills training courses and training subjects listed in the Appended Table 18, items (1) through (17) and items (28) through (35) of the Act are as prescribed in the Appended Table 6 of the Act.
(Procedures for Receiving Training)
Article 80A person who seeks to take the skills training course must submit written application for taking the skills training course (Form No. 15) to the registered training institution that is to conduct the training course.
(Issuance of the Skills Training Course Completion Certificate)
Article 81The registered training institution that has conducted the skills training course must issue a skills training course completion certificate (Form No. 17) without delay to a person who has completed the skills training course.
(Reissuance of the Skills Training Course Completion Certificate)
Article 82(1)A person who has received a skills training course completion certificate and is actually engaging or seeks to engage in the work pertaining to the skills training must, when the person loses or damages the certificate except for the case prescribed in paragraph (3) below, submit a written application for reissuance of the skills training course completion certificate (Form No. 18) to the registered training institution that issued the certificate, and have the skills training course completion certificate reissued.
(2)A person prescribed in the preceding paragraph, when the person has changed their permanent address or name, must submit a written application for renewal of the skills training course completion certificate (Form No. 18) to the registered training institution that issued the certificate, and have the certificate renewed excluding the case prescribed in paragraph (3).
(3)The person prescribed in paragraph (1), when the registered training institution that issued the certificate has discontinued the training service (including the case their registration has been cancelled or become invalid) and is prescribed in the proviso of Article 24, paragraph (1) of the Ordinance on Registered Inspection Agency, etc. (Order of the Ministry of Labour No. 44 of 1972), and when the person has lost or damaged the certificate or changed their permanent address or name, must submit a written application for the reissuance of the skills training course completion certificate (Form No. 18) to the institution designated by the Minister of Health, Labour and Welfare as prescribed in the proviso of the same paragraph, and have a document that certifies completion of the skills training course issued.
(4)In the case referred to in the preceding paragraph, when the person who submitted application for the issuance of the certificate set forth in the same paragraph has completed a skills training course other than those prescribed by the same paragraph, the institution designated by the Minister of Health, Labour and Welfare may issue the document set forth in the same paragraph by stating that the person completed the skills training course, upon receiving information pertaining to the person's completion of the skills training course from the registered training institution that provided the skills training course.
(Application of Provisions When Director of Prefectural Labour Bureau Provides Service Related to Skill Training Courses)
Article 82-2In applying the provision of the preceding three Articles when the Director of the Prefectural Labour Bureau provides all or part of the service related to the skills training courses pursuant to the provisions of Article 53-2, paragraph (1) of the Act as applied mutatis mutandis pursuant to Article 77, paragraph (3) of the Act, the term "the registered training institution" in Articles 80 and 81 and paragraph (1) and (2) of the preceding Article is deemed to be replaced with "the Director of the Prefectural Labour Bureau or the registered training institution."
(Details of Skills Training Courses)
Article 83Beyond what is set forth in Article 79 to the preceding Article, necessary matters for conducting the skills training courses listed in the Appended Table 18, items (1) through (17) and items (28) through (35) of of the Act are specified by the Minister of Health, Labour and Welfare.
Chapter VIII Safety and Health Improvement Plan
Article 84The instructions pursuant to the provisions of Article 78, paragraph (1) of the Act are to be given by the Director of the competent Prefectural Labour Bureau through a written instruction for formulating safety and health improvement plan (Form No. 19).
Chapter IX Supervision
(Temporary Buildings Not Requiring a Notification of the Plan)
Article 84-2Temporary buildings or machines, etc., prescribed by the Order of the Ministry of Health, Labour and Welfare set forth in Article 88, paragraph (1) of the Act are to be the following buildings or machines, etc., to be demolished within a period of less than six months (those within a period of less than 60 days from assembling to dismantling for temporary passages, suspended scaffolds or overhang scaffolds having a height and length of 10 m or more respectively, or scaffolds having a height of 10 m or more):
(i)buildings in which machines equipped with motors having a total rated power output of less than 2.2 kilowatts are to be installed;
(ii)machines equipped with motors having a rated power output of less than 1.5 kilowatts (excluding special machines, etc., set forth in Article 37, paragraph (1) of the Act; the same applies in the following item and Article 89, item (i)); and
(iii)buildings or machines, etc., that are not used for the services listed in the Appended Table 6-2.
(Notification of the Plan)
Article 85(1)A person who seeks to make the notification pursuant to the provisions of Article 88, paragraph (1) of the Act must submit the written notification using Form No. 20 to the Chief of the competent Labour Standards Inspection Office by attaching the following documents:
(i)drawings showing the situation of the surroundings of the workplace and the relationship between the workplace and the surrounding areas;
(ii)drawings showing the arrangement of buildings and the main machines within the site;
(iii)documents stating the outlines of the method of operation such as handling or manufacturing of raw materials or products, etc.;
(iv)documents or drawings indicating the floor plans and sectional plans for each floor of the building (limited to the building where the work set forth in the preceding item is carried out) and the arrangement and outline of the main machines on the respective floors; and
(v)documents or drawings showing the outline of the methods or equipment designed to prevent industrial accidents in the building set forth in the preceding item and in other workshops.
(2)When a part of a building or machine, etc., is to be installed, relocated, or altered, it would be sufficient if the notification pursuant to the provisions of the preceding paragraph is submitted only for that part.
Article 86(1)When the employer who seeks to install or relocate the machines, etc., listed in the right column of the Appended Table 7 or to alter their main structure is to submit the notification pursuant to the provisions of Article 88, paragraph (1) of the Act, the employer must submit the notification using Form No. 20 to the Chief of the competent Labour Standards Inspection Office by attaching the document stating the matters listed in the middle column of the same Table in accordance with the type of machines, etc., and drawings listed in the right column of the same Table.
(2)When submitting a notification pursuant to the provisions of the preceding paragraph, the provisions of paragraph (1) of the preceding Article are applied as follows:
(i)when submitting a notification on machines listed in the left column of the Appended Table 7 together with buildings or other machines, etc., pursuant to the provisions of Article 88, paragraph (1) of the Act, it is not required to state the overlapping parts of the matters to state in the notification, documents or drawings prescribed in the preceding paragraph among the matters to state in the notification and documents prescribed in paragraph (1) of the preceding Article; and
(ii)when submitting a notification pursuant to the provisions of Article 88, paragraph (1) of the Act only for machines, etc., listed in the left column of the Appended Table 7, the provisions of paragraph (1) of the preceding Article are not applicable.
(3)A notification pursuant to the provisions of Article 88, paragraph (1) of the Act is not required for the installation of machines, etc., listed in the left column of the Appended Table 7, items (16) through (20) (hereinafter referred to as "specified chemical facilities, etc.") by the person who filed an application pursuant to the provisions of Article 49, paragraph (1) of the Ordinance on Prevention of Hazards Due to Specified Chemical Substances (Order of the Ministry of Labour No. 39 of 1972; hereinafter referred to as the "Specified Chemical Ordinance").
(Measures Prescribed by the Order of the Ministry of Health, Labour and Welfare Set Forth in the Proviso of Article 88, Paragraph (1) of the Act)
Article 87The measures prescribed by the Order of the Ministry of Health, Labour and Welfare set forth in the proviso of Article 88, paragraph (1) of the Act (including as applied mutatis mutandis pursuant to Article 88, paragraph (2)) are the following measures:
(i)investigation of the danger or harm, etc., set forth in Article 28-2, paragraph (1) of the Act, and measures to be taken based on the results of the investigation; and
(ii)beyond what is set forth in the preceding item, voluntary activities to be implemented by the employer in accordance with the guidelines set forth in Article 24-2.
(Unit of Accreditation)
Article 87-2The accreditation pursuant to the provisions of the proviso of Article 88, paragraph (1) of the Act (including as applied mutatis mutandis pursuant to paragraph (2) of the same Article) (hereinafter referred to as "accreditation" in the following Article to Article 87-10) is to be made for each workplace by the Chief of the competent Labour Standards Inspection Office.
(Disqualification Clause)
Article 87-3A person who falls under any of the following cases may not obtain the accreditation:
(i)a person who has violated the provisions of the Act or orders based on the Act (limited to those pertaining to the workplace for which the accreditation is sought), has been sentenced to 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 the person ceased to be subject to the execution of the sentence;
(ii)a person whose accreditation was revoked pursuant to the provisions of Article 87-9 for the workplace the person sought accreditation, and for whom two years have not elapsed since the date of revocation; or
(iii)a corporation that has an officer who falls under either of the preceding two items.
(Accreditation Standards)
Article 87-4The Chief of the competent Labour Standards Inspection Office must give the accreditation when a workplace seeking to obtain the accreditation conforms to all of the following requirements:
(i)the workplace is properly carrying out the measures prescribed in Article 87;
(ii)the occurrence rate of industrial accidents is found to be lower than the average occurrence rate in the type of business to which the workplace belongs; and
(iii)industrial accidents in which workers have died or other serious industrial accidents have not occurred during the year preceding the application date.
(Application for Accreditation)
Article 87-5(1)The employer who seeks to apply for accreditation must submit a written application for accreditation of exemption from notification of plan (Form No. 20-2) for each workplace together with the following documents to the Chief of the competent Labour Standards Inspection Office:
(i)a document explaining that the employer does not fall under any of the cases listed in each item of Article 87-3;
(ii)a document certifying that the implementation status of the measures pursuant to Article 87 has been evaluated by two or more persons well versed in safety or health within three months before the application date, and a document stating the outline of the evaluation;
(iii)a document certifying that the evaluation set forth in the preceding item has been audited by one or more persons well versed in safety and one or more persons well versed in health; and
(iv)a document certifying that the workplace meets the requirements listed in items (ii) and (iii) of the preceding Article (a written application on the fact when the document is not available).
(2)A person who is well versed in safety set forth in item (ii) and (iii) of the preceding paragraph means the person who falls under any of the following item and who does not have interests in providing the accreditation:
(i)a person who has experience of having been engaged in work as an industrial safety consultant for three years or longer, and has conducted three or more evaluations on the implementation status of voluntary activities conducted by the employer in line with the guidelines set forth in Article 24-2; or
(ii)a person who is found to have the ability equivalent to or greater than that of the person listed in the preceding item.
(3)A person who is well versed in health set forth in paragraph (1), items (ii) and (iii) means the person who falls under any of the following item and who does not have interests in providing the accreditation:
(i)a person who has experience of having been engaged in work as an industrial health consultant for three years or longer, and who has conducted three or more evaluations on the implementation status of voluntary activities conducted by the employer in line with the guidelines set forth in Article 24-2; or
(ii)a person who is found to have the ability equivalent to or greater than that of the person listed in the preceding item.
(4)The Chief of the competent Labour Standards Inspection Office, when they have providedthe accreditation , is to issue a certificate using Form No. 20-3.
Article 87-6(1)Unless the accreditation is renewed every three years, it ceases to be effective after a lapse of the period.
(2)The provisions of Article 87-3, Article 87-4 and paragraphs (1) through (3) of the preceding Article apply mutatis mutandis to the renewal of accreditation pursuant to the preceding paragraph.
(Report on the Implementation Status)
Article 87-7The employer who obtained the accreditation must submit a report on the implementation status (Form No. 20-4) to the Chief of the competent Labour Standards Inspection Office together with a document stating the results of an audit conducted on the implementation status of measures set forth in Article 87 for each workplace pertaining to the accreditation (hereinafter referred to as the "accredited workplace" in the following Article) once every period not exceeding a year.
(Suspension of Measures)
Article 87-8The employer who obtained accreditation, when they have discontinued taking the measures set forth in Article 87 at the accredited workplace, must submit a notification of the fact to the Chief of the competent Labour Standards Inspection Office without delay.
(Revocation of Accreditation)
Article 87-9The Chief of the competent Labour Standards Inspection Office may revoke the accreditation when the employer who has obtained the accreditation comes to fall under any of the following items:
(i)when Article 87-3, item (i) or (iii) becomes applicable to the employer;
(ii)when the employer is found not to conform to Article 87-4, item (i) or (ii);
(iii)when an industrial accident listed in Article 87-4, item (iii) has occurred;
(iv)when the employer has failed to submit the report and document specified in Article 87-7 in violation of the provisions of the Article or submitted them by entering a false statement; or
(v)when the employer obtained or renewed the accreditation by wrongful means.
(Special Provisions for the Construction Industry)
Article 87-10(1)Notwithstanding the provision of Article 87-2, as regards the employer who engages in work that is part of the construction industry, accreditation is to be given for each workplace where the service contract for the work is concluded.
(2)As regards the application of provisions listed in the left column of the following Table concerning the accreditation set forth in the preceding paragraph, the terms listed in the middle column of the Table are deemed to be replaced with the terms listed in the right column.
Article 87-3, item (i)
Workplace
Workplace where the service contract pertaining to the work of undertaking of the construction industry is concluded and workplace where the work pertaining to the service contract concluded in the workplace is conducted (hereinafter referred to as the "site, etc.")
Article 87-4
Workplace
Site, etc.
The type of industry to which the workplace belongs
Construction industry
Article 87-7
Workplace pertaining to accreditation (hereinafter referred to as the "accredited workplace" in the following Article)
Site, etc. pertaining to accreditation
Article 87-8
Accredited workplace
Site, etc. pertaining to accreditation
(Machines Subject to Notification of the Plan)
Article 88(1)Machine, etc., prescribed by the Order of the Ministry of Health, Labour and Welfare set forth in Article 88, paragraph (2) of the Act is to be machine, etc., listed in the left column of Appended Table 7 (limited to the radiation apparatus for machine, etc., listed in the left column of item (21) of the same Table), in addition to what is prescribed by other orders based on laws.
(2)The provisions of Article 86, paragraph (1) apply mutatis mutandis to the case of submitting the notification pursuant to the provisions of Article 88, paragraph (1) of the Act as applied mutatis mutandis pursuant to paragraph (2) of the same Article on the machine, etc., listed in the left column of the Appended Table 7.
(3)A notification pursuant to the provisions of Article 88, paragraph (1) of the Act as applied mutatis mutandis pursuant to paragraph (2) of the same Article is considered not to be required for the installation of specified chemical equipment, etc., by a person who has made the application pursuant to the provisions of Article 49, paragraph (1) of the Specified Chemical Ordinance.
Article 89Temporary machines, etc., prescribed by the Order of the Ministry of Health, Labour and Welfare set forth in Article 88, paragraph (1) of the Act as applied mutatis mutandis pursuant to paragraph (2) of the same Article are to be as follows:
(i)machine, etc., other than a skyline logging cable cranes, logging cableways (meaning those consisting of cables, carriers, supporting poles and other items thereto and designed to carry logs or fuelwood for a certain distance in the air; the same applies hereinafter), temporary passages and scaffoldings (excluding concrete form shoring set forth in Article 6, item (xiv) of the Order; hereinafter referred to as "concrete form shoring") that are to be removed within six months; and
(ii)skyline logging cable cranes, logging cableways, makeshift passages, or scaffoldings, which are to be disassembled within 60 days after the commencement of assembling.
(Scope of Work)
Article 89-2The work prescribed by the Order of the Ministry of Health, Labour and Welfare set forth in Article 88, paragraph (3) of the Act is to be as follows:
(i)the construction work of a tower with a height of 300 m or more;
(ii)the construction work of a dam with a vertical height (meaning the height between the foundation and the top) of 150 m or more;
(iii)the construction work of a bridge with a maximum span of 500 m or more (1,000 m or more for a suspension bridge);
(iv)the construction work of tunnels, etc., with a length of 3,000 m or more;
(v)the construction work of tunnels, etc., with a length of 1,000 m or longer and shorter than 3,000 m where the depth of vertical shaft is 50 m or more (limited to those used for passages); and
(vi)the work involving operations using the compressed air method under a gauge pressure of 0.3 MPa or more.
Article 90The work prescribed by the Order of the Ministry of Health, Labour and Welfare set forth in Article 88, paragraph (4) of the Act is to be as follows:
(i)the work related to the construction, modification, dismantling or demolition (hereinafter referred to as the "construction, etc.") of a building or a structure exceeding 31 m in height (excluding bridges);
(ii)the work related to the construction, etc., of bridges with a maximum span of 50 m or more;
(ii)-2the work related to the construction, etc., of bridge superstructures with a maximum span of 30 m or more and less than 50 m (limited to the work carried out in places set forth in the provisions of Article 18-2);
(iii)the work related to the construction, etc., of tunnels (excluding tunnels into which workers do not enter);
(iv)the work related to excavation of natural ground with excavation height or depth of 10 m or more (excluding excavation of tunnels and for mining; the same applies hereinafter) (excluding work utilizing excavating machines but not requiring workers to enter under the excavation surface);
(v)the work involving operations using compressed air methods;
(v)-2the work involving the removal of asbestos, etc. (meaning the asbestos, etc., prescribed by Article 2 of the Asbestos Ordinance; the same applies hereinafter) from the part on which asbestos are sprayed in fire-resistant buildings prescribed in Article 2, item (ix)-2 of the Building Standards Act (Act No. 201 of 1950) (hereinafter referred to as "fire-resistant buildings" in Article 293) or semi-fire-resistant buildings prescribed in Article 2, item (ix)-3 of the same Act (hereinafter referred to as "semi-fire-resistant buildings" in Article 293);
(v)-3the work involving the dismantling, etc., of facilities such as waste incinerators or dust collectors, etc., installed in the waste incineration facilities that have the waste incinerator listed in the Appended Table 1, item (5) of the Enforcement Order of the Act on Special Measures for Prevention of Dioxin, etc. (limited to the waste incinerator for which the grate area is 2 m2 or more and the incineration capability is 200 kg/h or more);
(vi)the work related to excavation for quarrying with the excavation height or depth of 10 m or more; and
(vii)the work related to excavation for quarrying using the underground excavation method.
(Notification of the Plan Pertaining to the Construction Industry)
Article 91(1)A person who seeks to make a notification on the work related to the construction industry pursuant to the provisions of Article 88, paragraph (3) of the Act must submit the notification in Form No. 21 to the Minister of Health, Labour and Welfare together with the following documents and a compressed air work statement (Form No. 21-2) for the work pertaining to the work carried out by compressed air construction method; provided, however, that in submitting a compressed air work statement, it is not required to enter the matters to be stated in the following documents overlapping with those in the compressed air work statement:
(i)drawings showing the situation of the surroundings of the place work is carried out and the relationship between that place and the surrounding areas;
(ii)drawings indicating the outline of buildings, etc., which the person seeks to construct;
(iii)drawings showing the arrangement of machines, equipment, buildings, etc., used for the construction work;
(iv)document or drawings indicating the outline of the construction method;
(v)documents or drawings indicating the outline of methods and equipment designed to prevent industrial accidents; and
(vi)operation schedule.
(2)The provisions of the preceding paragraph apply mutatis mutandis to the notification pursuant to the provisions of Article 88, paragraph (4) of the Act.In this case the term "Minister of Health, Labour and Welfare" is deemed to be replaced with "Chief of the competent Labour Standards Inspection Office."
(Notification of the Plan Pertaining to the Quarrying Industry)
Article 92A person who seeks to make a notification on the work related to the quarrying industry pursuant to the provisions of Article 88, paragraph (4) of the Act must submit the notification using Form No. 21 to the Chief of the competent Labour Standards Inspection Office together with the following documents:
(i)drawings showing the situation of the surroundings of the place work is carried out and the relationship between that place and the surrounding areas;
(ii)drawings showing the arrangement of machines, equipment, buildings, etc.;
(iii)document or drawings indicating the method of quarrying; and
(iv)documents or drawings indicating the method and outline of equipment designed to prevent industrial accidents.
(Scope of Construction or Work Pertaining to the Participation of Persons Who Have Qualifications)
Article 92-2(1)The construction prescribed by the Order of the Ministry of Health, Labour and Welfare set forth in Article 88, paragraph (5) of the Act is to be the construction work for installing, or removing the machine, etc. listed in the left column of the Appended Table 7, items (10) and (12) or altering their main structure.
(2)The work prescribed by the Order of the Ministry of Health, Labour and Welfare set forth in Article 88, paragraph (5) of the Act is to be the work listed in Article 90, items (i) through (v) (limited to construction work, for work listed in items (i) through (iii) of the same Article).
(Qualifications for Persons Participating in the Formulation of Plans)
Article 92-3A person who has the qualifications prescribed by the Order of the Ministry of Health, Labour and Welfare set forth in Article 88, paragraph (5) of the Act is to be a person listed in the right column of the Appended Table 9 in accordance with the classification of construction or work listed in the left column of the same Table.
(Investigation of Technical Aspects)
Article 93The Minister of Health, Labour and Welfare, when asking opinions of persons with relevant expertise pursuant to the provisions of Article 89, paragraph (2) of the Act, is to designate members of an investigation committee from persons who are stated in the list of the names of candidates for the investigation committee members set forth in the following Article, in accordance with the content of the investigation,.
(List of the Names of Candidates for the Investigation Committee Members)
Article 94The Minister of Health, Labour and Welfare is to commission persons who have advanced expert knowledge on safety and health to be candidates for the investigation committee members, create a list of the names of candidates for the investigation committee members, and publicize the list.
(Scope of the Plans)
Article 94-2The plans prescribed by the Order of the Ministry of Health, Labour and Welfare set forth Article 89-2, in paragraph (1) of the Act are to be plans for the following work:
(i)the work of constructing buildings of 100 m or more in height falling under any of following sub-items:
(a)the work that is carried out in the vicinity of underground installations or other underground structures (hereinafter referred to as "underground installation, etc." in Part II, Chapter VI, Section 1 and Article 634-2); or
(b)the building is unique such as its shape being cylindrical;
(ii)the work of constructing a dam with banks of 100 m or more in height using a vehicle type construction machine (meaning construction machines equipped with power-driven system and capable of self-propelling to unspecified places among those listed in the Appended Table 7 of the Order; the same applies hereinafter) on slopes where the vehicle is likely to overturn or fall;
(iii)the work of constructing bridges with a maximum span of 300 m or more and falling under any of the following sub-items:
(a)the girders of the bridge are curved; or
(b)the height beneath the girders of the bridge is 30 m or more;
(iv)the work of constructing tunnels, etc., of 1,000 m or more in length and are found to have a risk of endangering workers due to cave-ins, inundations or gas explosions;
(v)the work of excavation in which the volume of excavated soil exceeds 200,000 m3 and falling under any of following sub-items:
(a)the work is carried out in a place of weak soil; or
(b)the work is carried out in a confined place using vehicle type construction machines;
(vi)the work is performed by the compressed air method with the gauge pressure of 0.2 MPa or more and falls under any of the following sub-items:
(a)the work is carried out in a place of weak soil;
(b)excavating work is carried out at the same time in the vicinity of the place the work is performed.
(Exclusion from Investigation)
Article 94-3The plans prescribed by the Order of the Ministry of Health, Labour and Welfare set forth in the proviso of Article 89-2, paragraph (1) of the Act are to be the plans of the work related to construction industry projects ordered by the national government or local governments and other public organizations as the original orderer prescribed in Article 30, paragraph (2) of the Act.
(Investigations of Technical Aspects)
Article 94-4The provisions of Article 93 and Article 94 apply mutatis mutandis to the investigation set forth in Article 89-2, paragraph (1) of the Act.In this case, the term "Article 89, paragraph (2) of the Act" in Article 93 is deemed to be replaced with "Article 89, paragraph (2) of the Act as applied mutatis mutandis pursuant to Article 89-2, paragraph (2)."
(Chief of the Labour Standards Inspection Office and Labour Standards Inspector)
Article 95(1)In addition to what is prescribed by the orders based on the Act, the Chief of the Labour Standards Inspection Office takes charge of affairs related to the implementation of the Act under the instruction and supervision of the Director of the Prefectural Labour Bureau.
(2)The Labour Standards Inspector takes charge of on-site inspections pursuant to the Act, duties of juridical police personnel and other affairs related to the implementation of the Act.
(3)The identification card set forth in Article 91, paragraph (3) of the Act is to be made using Form No. 18 of the Order for Enforcement of the Labour Standards Act.
(Term of Office of a Medical Advisor in Industrial Health)
Article 95-2(1)The term of office of a medical advisor in industrial health is two years.
(2)When the term of office of a medical advisor in industrial health has expired, the medical advisor in industrial health is to perform their duties until a successor is appointed.
(Identification Card for Employees Who Conduct On-site Inspections)
Article 95-3The identification card set forth in Article 91, paragraph (3) of the Act as applied mutatis mutandis pursuant to Article 96, paragraph (5) of the Act is to be made using Form No. 21-2-2.
Article 95-3-2The identification card set forth in Article 91, paragraph (3) of the Act as applied mutatis mutandis pursuant to Article 96-2, paragraph (5) of the Act is to be made using Form No. 21-2-3.
(Training for Persons Engaged in Work to Prevent Industrial Accidents)
Article 95-4(1)The subjects for training set forth in Article 99-2, paragraph (1) of the Act (hereinafter simply referred to as "training" in this Article) are to be the following subjects:
(i)problems and countermeasures pertaining to the supervision of workplace safety and health;
(ii)method of supervising workplace safety and health;
(iii)related laws and regulations on safety and health; and
(iv)case examples of industrial accidents and their preventive measures.
(2)A person who seeks to undergo the training must submit a written application for the training on the prevention of the recurrence of industrial accidents for persons engaged in work to prevent industrial accidents (Form No. 21-3) to a person conducting the training designated by the Director of the Prefectural Labour Bureau under the provisions of Article 99-2, paragraph (1) of the Act (referred to as the "designated training institution" in the following paragraph).
(3)The designated training institution must issue a person who has completed the training with a completion certificate of training on the prevention of the recurrence of industrial accidents for persons engaged in work to prevent industrial accidents (Form No. 21-4) without delay.
(4)Beyond what is set forth in the preceding three paragraphs, necessary matters for conducting the training are specified by the Minister of Health, Labour and Welfare.
(Training for Persons Engaged in Work with Restrictions)
Article 95-5(1)The subjects for training set forth in Article 99-3, paragraph (1) of the Act (hereinafter simply referred to as "training" in this Article) are to be the following subjects:
(i)the structure of machine, equipment, etc., pertaining to work prescribed in Article 61, paragraph (1) of the Act (hereinafter referred to as "machines, etc. for work with restrictions").
(ii)the function of safety device, etc., pertaining to machines, etc. for work with restrictions;
(iii)the maintenance of machines, etc. for work with restrictions;
(iv)work method pertaining to machines, etc. for work with restrictions;
(v)related laws and regulations on safety and health; and
(vi)case examples of industrial accidents and their preventive measures.
(2)A person who seeks to undergo the training must submit a written application for training on the prevention of the recurrence of industrial accidents for persons enaged in work with restrictions (Form No. 21-5) to a person conducting training designated by the Director of the Prefectural Labour Bureau set forth in Article 99-3, paragraph (1) of the Act (referred to as the "designated training institution" in the following paragraph).
(3)The designated training institution must issue a person who has completed the training with a completion certificate of training on the prevention of the recurrence of industrial accidents for persons engaged in work with restrictions (Form No. 21-6) without delay.
(4)Beyond what is set forth in the preceding three paragraphs, necessary matters for conducting the training are specified by the Minister of Health, Labour and Welfare.
(Report on Work Exposed to Harmful Substances)
Article 95-6When the employer has workers engage in the work that is liable to expose workers to gas, vapor or dust at a workshop where the substances which have a risk of causing health impairment to workers and specified by the Minister of Health, Labour and Welfare are manufactured or handled, the employer must submit a report using Form No. 21-7 on the necessary matters for preventing exposure to the substances to the Chief of the competent Labour Standards Inspection Office, as specified by the Minister of Health, Labour and Welfare.
(Reports on Accidents)
Article 96(1)In the following cases, the employer must submit a report using Form No. 22 to the Chief of the competent Labour Standards Inspection Office, without delay:
(i)when any of the following accidents have occurred in the workplace or in any attached buildings:
(a)fire or explosion (excluding the accidents set forth in the following item);
(b)rupture of a centrifugal machine, or a grinding wheel and other high speed rotating body;
(c)disconnection of ropes or chains of skyline logging cable cranes, hoisting equipment or cableways;
(d)collapse of a building, construction attached thereto, or a skyline logging cable crane, chimney, overhead tank, etc.;
(ii)when an accident involving the rupture of a boiler set forth in Article 1, item (iii) of the Order (excluding small-sized boilers) and the explosion of flue gas, or an accident equivalent to them has occurred.
(iii)when an accident involving the rupture of a small-sized boiler, a class-1 pressure vessel set forth in Article 1, item (v) of the Order or a class-2 pressure vessel set forth in item (vii) of the same Article has occurred;
(iv)when any of the following accidents involving a crane (excluding cranes listed in Article 2, item (i) of the Crane Ordinance) has occurred:
(a)runaway, collapse, falling or breaking of a jib; or
(b)disconnection of a wire rope or a hoisting chain;
(v)when any of the following accidents involving a mobile crane (excluding mobile cranes listed in item (i) of Article 2 of the Crane Ordinance) has occurred:
(a)overturning, collapse, or breaking of a jib; or
(b)disconnection of a wire rope or a hoisting chain;
(vi)when any of the following accidents involving a derrick (excluding derricks listed in Article 2, item (i) of the Crane Ordinance) has occurred:
(a)collapse, or breaking of a boom; or
(b)disconnection of a wire rope;
(vii)when any of the following accidents involving an elevator (excluding elevators listed in Article 2, item (ii) of the Crane Ordinance) has occurred:
(a)collapse of an elevator step or falling of a load; or
(b)disconnection of a wire rope;
(viii)when any of the following accident involving a construction lift (excluding construction lifts listed in Article 2, item (ii) of the Crane Ordinance) has occurred:
(a)collapse of an elevator step or falling of a carrier; or
(b)disconnection of a wire rope;
(ix)when any of the following accidents involving a light capacity lift under the provisions of Article 1, item (ix) of the Order (excluding light capacity lifts listed in Article 2, item (ii) of the Crane Ordinance) has occurred:
(a)falling of a carrier; or
(b)disconnection of a wire rope or a hoisting chain; and
(x)when any of the following accidents involving a gondola has occurred:
(a)runaway, overturning, falling or breaking of an arm; or
(b)disconnection of a wire rope.
(2)When a report pursuant to the provisions of paragraph (1) of the following Article is to be submitted together with a report set forth in the preceding paragraph, it is not required to enter the matters to be stated in the report overlapping with the matters to be stated in the report under the provisions of paragraph (1) of the following Article .
(Reports of Worker Casualties)
Article 97(1)When a worker has died or taken absence from work due to industrial accident or injury, suffocation or acute poisoning during work, or within the workplace or building attached thereto, the employer must submit a report using Form No. 23 to the Chief of the competent Labour Standards Inspection Office without delay.
(2)In the case referred to in the preceding paragraph, notwithstanding the provisions that paragraph, when the number of days a worker has taken absence from work is less than four days, the employer must submit a report using Form No. 24 on the fact to the Chief of the competent Labour Standards Inspection Office by the end of the following month of the last month of the respective quarterly periods of January through March, April through June, July through September and October through December.
(Reporting)
Article 98The Minister of Health, Labour and Welfare, the Director of the Prefectural Labour Bureau, or the Chief of the Labour Standards Inspection Office, when having an employer, workers or lenders of machine, etc., or buildings report necessary matters or when ordering them to make an appearance pursuant to the provisions of Article 100, paragraph (1) of the Act, is to notify the following matters:
(i)reason for making a report or for ordering to make an appearance; and
(ii)matters to be heard when ordering to make an appearance.
(Methods of Disseminating Laws and Regulations)
Article 98-2(1)The methods prescribed by the Order of the Ministry of Health, Labour and Welfare set forth in Article 101, paragraph (1) of the Act are to be the method listed in each item of Article 23, paragraph (3).
(2)The methods prescribed by the Order of the Ministry of Health, Labour and Welfare set forth in Article 101, paragraph (2) of the Act are to be the following methods:
(i)to display or place the notified matters in a readily visible location at each workshop where the substances pertaining to the notified matters are handled at all times;
(ii)to distribute a document to the worker handling substances pertaining to the notified matters; and
(iii)to record the notified matters on magnetic tapes, magnetic disks or other equivalent devices and to install in each workshop where substances pertaining to the notified matters are handled devices that enable workers who handle the substances to confirm the content of the record at any time.
(Reports of Results of Epidemiological Surveys to the Central Labour Standards Council)
Article 98-3When having conducted an epidemiological survey set forth in Article 108-2, paragraph (1) of the Act based on the same paragraph, the Minister of Health, Labor and Welfare is to report the result of the survey to the Labour Policy Council within a year after the survey has been finished.
Chapter X Miscellaneous Provisions
(Number of Copies of Applications to Be Submitted)
Article 99The written application for the permission, accreditation, inspection or examination, etc., (excluding the written application using Form No. 12) prescribed by the Act and the orders based on the Act must be submitted by the original copy and a copy of the written application.
(Voluntariness of Forms)
Article 100Forms prescribed by the Orders of the Ministry based on the Act (excluding Form 3, Form 6, Form 11, Form12, Form 21-2-2, Form 21-7, and Form 23, Form No. 3-2 of the Ordinance on Prevention of Organic Solvent Poisoning (Order of the Ministry of Labour No. 36 of 1972, hereinafter referred to as "Organic Solvent Ordinance"), Form No. 3 of the Ordinance on Prevention of Lead Poisoning (Order of the Ministry of Labour No. 37 of 1972, hereinafter referred to as "Lead Poisoning Ordinance"), Form No. 3 of the Ordinance on Prevention of Tetraalkyl Lead Poisoning (Order of the Ministry of Labour No. 38 of 1972, hereinafter referred to as "Tetraalkyl Lead Poisoning Ordinance"), Form No. 3 of the Specified Chemical Ordinance, Form No. 2 of the Ordinance on Safety and Health of Work under High Pressure (Order of the Ministry of Labour No. 40 of 1972, hereinafter referred to as "High Pressure Work Ordinance"), Form No. 2 of the Regulation on Prevention of Ionizing Radiation Hazards (Order of the Ministry of Labour No. 41 of 1972, hereinafter referred to as "Ionizing Radiation Regualtion"), and Form No. 3 of the Asbestos Order) prescribe the minimum necessary matters that should be stated, and does not prohibit the use of forms other than those forms.
Part II Safety Standards
Chapter I Prevention of Dangers Due to Machines
Section 1 General Standards
(Prevention of Dangers Due to a Prime Mover and a Rotating Shaft)
Article 101(1)The employer must provide an enclosure, a cover, a sleeve, an overbridge, etc., for a prime mover, a rotating shaft, a gear, a pulley, a belt, etc., of a machine which has a risk of endangering workers.
(2)The employer must use the sunken head type or provide a cover for set-screws and other fixtures attached to a rotating shaft, a gear, a pulley, a flywheel, etc.
(3)The employer must not use a protruded fastener for joining a belt.
(4)The employer must provide a handrail with the height of 90 cm or more for the overbridge set forth in paragraph (1).
(5)A worker must use an overbridge when the overbridge is provided.
(Prevention of Dangers Due to Cutting of a Belt)
Article 102The employer must provide an enclosure under the belt for a belt that is located above a passage or a workplace and having a distance between pulleys of 3 m or more, width of 15 cm or more and speed of 10 m/sec or more.
(Power Cutting Device)
Article 103(1)The employer must provide a power cutting device for a switch, a clutch, or a belt shifter, etc., for each machine; provided, however, that this does not apply to a series of machines having a common power cutting device and not requiring manual supply or extraction of raw materials during the process of operation.
(2)The employer must, when the machine set forth in the preceding paragraph is for the process of cutting, drawing, compressing, punching, bending or expressing, provide the power cutting device set forth in the same paragraph at a place where a person engaging in the processing work is able to operate it without leaving the work station.
(3)The employer, as regards the power cutting device set forth in paragraph (1), provide a device that can be easily operated and is not likely to unexpectedly activate due to contact, vibration, etc.
(Signals for Starting Operation)
Article 104(1)In starting the operation of a machine, when there is a risk of endangering workers, the employer must set fixed signals, designate a person who gives the signals, and have the person give the signals to the workers.
(2)A worker must follow the signals set forth in the preceding paragraph.
(Prevention of Dangers Due to Workpieces that Come Flying)
Article 105(1)When there is a risk of endangering workers due to cut or broken workpieces that come flying, the employer must provide a cover or an enclosure for the machine dispersing the workpieces; provided, however, that this does not apply if providing a cover or an enclosure is difficult due to the nature of the work, and when having workers use personal protective equipment.
(2)A worker, when having been ordered to use personal protective equipment in the case referred to in the proviso of the preceding paragraph, must use the equipment.
(Prevention of Dangers Due to Chips that Come Flying)
Article 106(1)When there is a risk of endangering workers due to chips from machines that come flying, the employer must provide a cover or an enclosure for the machine generating the chips; provided, however, that this does not apply if providing a cover or an enclosure is difficult due to the nature of the work, and when having workers use personal protective equipment.
(2)A worker, when having been ordered to use personal protective equipment in the case referred to in the proviso of the preceding paragraph, must use the equipment.
(Suspension of Operation in the Case of Cleaning)
Article 107(1)When work of cleaning, lubrication, inspection or repairing of a machine (excluding blade parts) are carried out, and when there is a risk of endangering workers, the employer must suspend the operation of the machine; provided, however, tht this does not apply if work has to be carried out during operation, and when measures of providing a cover on dangerous part have been taken.
(2)When the employer has suspended the operation of the machine pursuant to the provisions of the preceding paragraph, the employer must take the measures of locking the starting device of the machine or attaching a plate, etc., to prevent persons other than the workers engaging in the work set forth in the same paragraph from operating the machine.
(Suspension of Operation in the Case of Cleaning Blade Parts)
Article 108(1)When carrying out the work of cleaning, inspecting, repairing, replacing, or adjusting the blade parts of a machine, the employer must suspend the operation of the machine; provided, however, that this does not apply if doing so is not likely to endanger workers due to the structure of the machine.
(2)When the employer has suspended the operation of the machine pursuant to the provisions of the preceding paragraph, the employer must take the measures of locking the starting device of the machine and attaching a plate to prevent persons other than the workers engaging in the work set forth in the same paragraph from operating the machine.
(3)When removing chips or using cutting lubricants for the blade part of a machine during operation, the employer must have a worker use a brush or other appropriate tools.
(4)A worker, when having been ordered to use a tool set forth in the preceding paragraph, must use the tool.
(Prevention of Dangers Due to Wind-Up Roll)
Article 109The employer must provide a cover or an enclosure, etc., for a wind-up roll or a coil of a paper, a cloth or a wire rope, etc., which has a risk of endangering the workers.
(Wearing of Work Caps)
Article 110(1)When there is a risk of getting hair or clothing of a worker working caught in a power-driven machine, the employer must have the worker wear appropriate work cap or work clothes.
(2)A worker, when having been ordered to wear work cap or work clothes set forth in the preceding paragraph, must wear them.
(Prohibition of the Use of Gloves)
Article 111(1)When there is a risk of getting fingers of the worker working caught in rotating blades of a drilling machine or a chamfering machine, the employer must not have the worker wear gloves.
(2)In the case referred to in the preceding paragraph, when a worker has been prohibited to wear gloves, the worker must not wear them.
Section 2 Machine Tools
(Cover on Stroke Ends)
Article 112When the stroke ends of the ram of a shaper, a table of a grinding machine or a planer, etc., has a risk of endangering workers, the employer must provide a cover, an enclosure or a railing.
(Cover on Workpieces Protruding from Machine Tools)
Article 113When a rotating workpieces protruding from a vertical lath, a turret lath, etc., has a risk of endangering workers, the employer must provide a cover, an enclosure, etc.
(Cover on Teeth of a Band Saw)
Article 114The employer must provide a cover or enclosure on the teeth of band saws (excluding woodworking band saws) other than the parts necessary for sawing and the band wheel.
(Preventive Device for Contact with Teeth of a Circular Saw)
Article 115The employer must provide a preventive device for contact with teeth of circular saws, etc. (excluding woodworking circular saws).
(Prohibition of Riding on a Table of a Vertical Lathe)
Article 116(1)The employer must not allow a worker to ride on a table of a vertical lathe or a planer during operation; provided, however, that this does not apply when a worker on the table or a worker placed at the operation panel is able to immediately stop the machine.
(2)A worker, excluding the case referred to in the proviso of the preceding paragraph, may not ride on a table of a vertical lathe, a planer, etc., during operation.
(Cover on Grinding Wheel)
Article 117When a rotating grinding wheel has a risk of endangering workers, the employer must provide a cover; provided, however, that this does not apply to a grinding wheel with a diameter of less than 50 mm.
(Test Run of Grinding Wheel)
Article 118As regards a grinding wheel, the employer must make a test run for one minute or longer before commencing the work for the day and for three minutes or longer when the grinding wheel has been replaced.
(Prohibition of Operation of a Grinding Wheel at a Speed Exceeding the Maximum Allowable Speed)
Article 119As regards a grinding wheel, the employer must not operate the grinding wheel at a speed exceeding the maximum allowable speed.
(Prohibition of Use of Side Surfaces of a Grinding Wheel)
Article 120The employer must not use the side surfaces of a grinding wheel except for a grinding wheel designed to use the side surfaces.
(Cover on a Buff)
Article 121The employer must provide a cover on a buffing machine (excluding the buffing machine that use a cloth buff or a cork buff) other than the parts necessary for polishing.
Section 3 Wood Processing Machine
(Anti-Kickback Device for a Circular Saw)
Article 122The employer must provide a spreader or other anti-kickback device, etc., for a woodworking circular saw (excluding a cross cut circular saw and other circular saws that do not have the risk of endangering workers due to kickback of the wood).
(Preventive Device for Contact with Teeth of a Circular Saw)
Article 123The employer must provide a preventive device for contact with teeth of a woodworking circular saw (excluding a circular saw for lumber and that with an automatic feeding device).
(Cover on Teeth or Band Wheel of a Band Saw)
Article 124The employer must provide a cover or an enclosure on the teeth of a woodworking band saw other than the parts necessary for sawing and a band wheel.
(Cover on Feeding Roller of a Band Saw)
Article 125The employer must provide a preventive device for contact or a cover on a spiked or a toothed feeding roller of a woodworking band saw excluding the feeding side; provided, however, that this does not apply to those equipped with a quick stop device, which enables an operator to stop the operation of spiked or toothed feeding rollers.
(Preventive Device for Contact with a Blade of a Hand Feed Planer)
Article 126The employer must provide a preventive device for contact with a blade of a hand feed planer.
(Preventive Device for Contact with Wood Shaper Blades)
Article 127(1)The employer must provide a preventive device for contact with a wood shaper blade (excluding a wood shaper equipped with an automatic feeding device); provided, however, that this does not apply when providing a preventive device for contact is difficult due to the nature of the work, and having a worker use a jig or a tool.
(2)A worker, in the case referred to in the proviso of the preceding paragraph, and having been instructed to use a jig or a tool, must use the jig or the tool.
(Prohibition of Entry)
Article 128(1)The employer must prohibit workers from entering the space between the teeth and the log carriage of an automatic log carriage type band saw and display a notice to that effect at a readily visible location.
(2)A worker may not enter a place where entry is prohibited pursuant to the provisions of the preceding paragraph.
(Appointment of an Operations Chief of Wood Processing Machines)
Article 129As regards the work set forth in Article 6, item (vi) of the Order, the employer must appoint an operations chief of wood processing machines from the persons who have completed the skills training course for operations chief of wood processing machines.
(Duties of the Operations Chief of Wood Processing Machines)
Article 130The employer must have the operations chief of wood processing machines carry out the following matters:
(i)to directly supervise the work of handling wood processing machines;
(ii)to inspect the wood processing machine and its safety device;
(iii)to take immediately necessary measures when having found any abnormality in the wood processing machine and its safety device; and
(iv)to monitor the use of a jig or a tool during the operation.
Section 4 Press Machine and Shearing Machine
(Prevention of Dangers Due to Press Machines)
Article 131(1)As regards a press machine and a shearing machine (hereinafter referred to as "press, etc."), the employer must take measures of providing a safety enclosure, etc., for preventing a part of a body of the worker carrying out the work using the press, etc., from going beyond the danger limit; provided, however, that this does not apply to press, etc., equipped with mechanism to prevent dangers due to the slide or the blade.
(2)When it is difficult to comply with the provisions of the preceding paragraph due to the nature of the work, the employer must take such necessary measures as installing safety devices that conform to the requirements set forth in the following items, in order to secure the safety of a worker carrying out the work using the press, etc.:
(i)the safety device has the performance in accordance with the type of press, etc., pressure capability, strokes per minute, length of strokes, and the method of work; and
(ii)the safety device has the performance in accordance with the suspension performance of the press, etc., for a safety device with two-hand control system or with sensitive-response system.
(3)The measures set forth in the preceding two paragraphs, as regards press, etc., equipped with a processing stage changeover switch, an operation changeover switch or an operation station changeover switch or a safety device changeover switch, must be taken in any condition when one of the switches is operated.
(Prevention of Dangers Due to Descent of a Slide)
Article 131-2(1)When the work of fitting, replacing or adjusting the dies of a power press are carried out, and when a part of the body of the worker engaging in the work goes beyond the danger limit, the employer must have the worker take such measures as using a safety block, etc., in order to prevent the worker from dangers due to unexpected descent of the slide.
(2)The worker engaging in the work set forth in the preceding paragraph must take measures of using a safety block, etc., set forth in the same paragraph.
(Adjustment of a Die)
Article 131-3When operating a slide for adjusting a die of a press machine, the employer must carry out the operations by inching for the press machine with an inching mechanism or by manually operating for a machine without an inching mechanism.
(Maintaining the Functions of Clutches)
Article 132The employer must maintain the functions of a clutch, a brake and other devices necessary for controlling the press, etc., in effective conditions at all times.
(Appointment of an Operations Chief of Press Machines)
Article 133As regards the work set forth in Article 6, item (vii) of the Order, the employer must appoint an operations chief of press machines from the persons who have completed the skills training course for operations chief of press machines.
(Duties of the Operations Chief of Press Machines)
Article 134The employer must have the operations chief of press machines carry out the following matters:
(i)to inspect the press machine and its safety device;
(ii)to immediately take necessary measures when having found any abnormality in the press machine and its safety device;
(iii)To store the key when having equipped a press machine or its safety device with a changeover key switch; and
(iv)to directly supervise the work of fitting, removing and adjusting a die.
(Storing the Key of a Changeover Key Switch)
Article 134-2When work other than those set forth in Article 6, item (vii) of the Order among work using a power press are carried out, and a changeover key switch for the power press and its safety device have been provided, the employer must designate a person who stores the key switch, and have the person store the key.
(Periodical Self-inspections)
Article 134-3(1)As regards a power press, the employer must carry out self-inspections for the following matters periodically once every period not exceeding a year; provided, however, that this does not apply to the non-use period of a power press which is not used for a period exceeding one year:
(i)abnormalities in crankshafts, flywheels and other power transmission devices;
(ii)abnormalities in a clutch, a brake and other controlling systems;
(iii)abnormalities in an anti-repeat device, a quick-stop device or an emergency stop device;
(iv)abnormalities in a slide, a connecting rod or other slide-related parts;
(v)abnormalities in a magnet valve, a pressure control valve or other air pressure systems;
(vi)abnormalities in a magnet valve, a hydraulic pump or other hydraulic systems;
(vii)abnormalities in a limit switch, a relay or other electrical systems;
(viii)abnormalities in a die cushion and its accessories; and
(ix)abnormalities in the mechanism for preventing dangers due to a slide.
(2)As regards the power press set forth in the proviso of the preceding paragraph, the employer must carry out self-inspection for the matters listed in each item of the same paragraph before resuming the operation.
Article 135(1)As regards a power-driven shearing machine, the employer must carry out self-inspections for the following matters periodically once every period not exceeding a year; provided, however, that this does not apply to the non-use period of a power-driven shearing machine which is not used for a period exceeding one year:
(i)abnormalities in a clutch and a brake;
(ii)abnormalities in a sliding mechanism;
(iii)abnormalities in an anti-repeat device, a quick-stop device, and an emergency stop device;
(iv)abnormalities in a magnet valve, a pressure-reducing valve and a pressure gauge; and
(v)abnormalities in wiring and switches.
(2)As regards the shearing machine set forth in the proviso of the preceding paragraph, the employer must carry out self-inspection for the matters listed in each item of the same paragraph before resuming the operation.
(Record of Periodical Self-inspections)
Article 135-2When having carried out the self-inspections set forth in the preceding two Articles, the employer must record the following matters and preserve the records for three years:
(i)the date of the inspection;
(ii)the method of the inspection;
(iii)the parts of a machine inspected;
(iv)the results of the inspection;
(v)the name of the person who has carried out the inspection; and
(vi)when measures such as repairs have been taken based on the result of the inspection, the details of the repairs.
(Specified Self-inspections)
Article 135-3(1)The self-inspection prescribed by the Order of the Ministry of Health, Labour and Welfare set forth in Article 45, paragraph (2) of the Act pertaining to a power press (hereinafter referred to as the "specified self-inspection") is to be the self-inspection prescribed in Article 134-3.
(2)The worker who has the qualifications prescribed by the Order of the Ministry of Health, Labour and Welfare set forth in Article 45, paragraph (2) of the Act pertaining to a power press is to be the person who falls under any of the following item:
(i)a person who falls under any of the following sub-items and has completed the training course specified by the Minister of Health, Labour and Welfare:
(a)a person who has majored in and graduated from an engineering course of a university or a technical collage under the School Education Act, and has experience of having been engaged in the work of inspection or maintenance of a power press for two years or longer, or design or manufacture of a power press for five years or longer;
(b)a person who has majored in and graduated from an engineering course of a senior high school or a secondary education school under the School Education Act and has experience of having been engaged in the work of inspection or maintenance of a power press for four years or longer, or design or manufacture of a power press for seven years or longer;
(c)a person who has experience of having been engaged in the work of inspection or maintenance of a power press for seven years or longer, or design or manufacture of a power press for 10 years or longer; or
(d)a person who has completed the skills training course for operations chief of press machine listed in the Appended Table 18, item (2) of the Act and who has experience of having been engaged in the work using a power press for 10 years or longer; or
(ii)other persons specified by the Minister of Health, Labour and Welfare.
(3)As regards the application of the provisions of the preceding Article when having a registered inspection agency set forth in Article 45, paragraph (2) of the Act (hereinafter referred to as the "registered inspection agency") conduct the specified self-inspection pertaining to a power press, the term "the name of the person who has carried out the inspection" in item (v) of the same Article is deemed to be replaced with "the name of the registered inspection agency."
(4)When having carried out the specified self-inspection pertaining to a power press, the employer must affix an inspection sticker stating the month and year when the specified self-inspection was carried out at a readily visible part of the power press.
(Inspection before Commencing the Work)
Article 136When carrying out the work using press, etc., the employer must inspect the following matters before commencing the work for the day:
(i)the function of a clutch and a brake;
(ii)the slackness of a bolt of a crankshaft, a flywheel, a slide, a connecting rod and a connecting screw;
(iii)the function of an anti-repeat device, quick-stop device and an emergency stop device;
(iv)the function of mechanism for preventing dangers due to a slide or a blade;
(v)the conditions of a die and a bolster for a press machine; and
(vi)the conditions of a blade and a table for a shearing machine.
(Repair of Press Machines)
Article 137When having found any abnormality in carrying out the self-inspection set forth in Article 134-3 or Article 135, or the inspection set forth in the preceding Article, the employer must immediately make repairs or take other necessary measures.
Section 5 Centrifugal Machine
(Fitting of a Lid)
Article 138The employer must provide a lid on a centrifugal machine.
(Suspension of Operation in Taking Out the Contents)
Article 139When taking out the contents of a centrifugal machine (excluding the centrifugal machine constructed so that the content is automatically taken out), suspend the operation of the centrifugal machine.
(Prohibition of Use at Speeds Exceeding Maximum Allowable Rotation)
Article 140As regards a centrifugal machine, the employer must not use the centrifugal machine at a speed exceeding its maximum allowable rotating speed.
(Periodical Self-inspections)
Article 141(1)As regards a power-driven centrifugal machine, the employer must carry out self-inspections for the following matters periodically once every period not exceeding a year; provided, however, that this does not apply to the non-use period of a centrifugal machine which is not used for a period exceeding one year:
(i)abnormalities in rotor;
(ii)abnormalities in bearing parts of the main shafts;
(iii)abnormalities in brake;
(iv)abnormalities in the outer frame; and
(v)the slackness of a bolt used in the parts listed in each preceding item.
(2)As regards the centrifugal machine set forth in the proviso of the preceding paragraph, the employer must carry out self-inspection for the matters listed in each item of the same paragraph before resuming the use.
(3)When having carried out the self-inspections set forth in the preceding two paragraphs, the employer must record the following matters and preserve the record for three years:
(i)the date of the inspection;
(ii)the method of the inspection;
(iii)the parts inspected;
(iv)the results of the inspection;
(v)the name of the person who has carried out the inspection; and
(vi)when measures such as repairs have been taken based on the result of the inspection, the details of the repairs.
(4)When having found any abnormality in carrying out the self-inspection set forth in paragraph (1) or paragraph (2), the employer must immediately make repairs or take other necessary measures.
Section 6 Crushing Machine and Mixer
(Prevention of Dangers of Falling)
Article 142(1)When there is a risk of endangering workers due to falling from the opening of a crushing machine or a mixer, the employers must provide a lid, an enclosure, a railing with a height of 90 cm or higher, etc.; provided, however, that this does not apply when providing a lid, a cover or a railing, etc., is difficult due to the nature of the work, and having taken measures of having the worker use a safety belt (meaning the safety belt set forth in Article 13, paragraph (3), item (xxviii) of the Order; the same applies hereinafter) for preventing dangers of falling.
(2)When there is a risk of endangering workers due to coming into contact with moving parts from the opening set forth in the preceding paragraph, the employer must provide a lid, an enclosure, etc.
(3)A worker, when having been instructed to use a safety belt and other lifelines (hereinafter referred to as "safety belt, etc.") in the case set forth in the proviso of paragraph (1), must use the safety belt, etc.
(Suspension of Operation in Taking Out the Contents)
Article 143(1)When taking out the contents of a crushing machine or a mixer (excluding the machine constructed so that the content is automatically taken out), the employer must suspend the operation of the machine; provided, however, that this does not apply when taking out the contents by suspending the operations of the machine is difficult due to the nature of the work, and having a worker use tools.
(2)A worker, when having been instructed to use a tool in the case set forth in the proviso of the preceding paragraph, must use the tool.
Section 7 Rolling Mills
(Enclosure of a Rolling Mill for Rolling Paper)
Article 144The employer must provide an enclosure, a guide roll, etc., for the parts of the rolling mill in which paper, cloth, metal foil, etc., passes through, which have a risk of endangering workers.
(Shuttle Guard of a Weaving Machine)
Article 145The employer must provide a shuttle guard for a weaving machine equipped with a shuttle.
(Covers on Drawing Blocks of a Wiredrawing Machine)
Article 146The employer must provide a cover, an enclosure, etc., for a drawing block of a wiredrawing machine or a cage of strand-twisting machine, which has the risk of endangering workers.
(Prevention of Dangers Due to Injection Molding Machines)
Article 147(1)When there is a risk of getting a part of a body of a worker caught in an injection molding machine, a molding machine or a stamping machine, etc., (excluding those machines prescribed by Section 4 of this Chapter), the employer must provide a door, starting device with two-hand control, and other safety devices.
(2)The door set forth in the preceding paragraph must be constructed so that the machine does not operate unless the door is closed.
(Prevention of Dangers Due to Fans)
Article 148The employer must provide a net or an enclosure for blades of fans that have a risk of endangering workers.
Section 8 High Speed Rotating Body
(Prevention of Dangers During a Rotating Test)
Article 149When carrying out a rotating test of a high speed rotating body (meaning the rotor of a turbine rotor, a basket of a centrifugal separator, etc., which has the circumferential speed exceeding 25 m/sec.; hereinafter the same applies in this Section), the employer must carry out the test inside a purpose-built sound building or at a place isolated by sound barriers, etc., in order to prevent dangers due to the destruction of the rotating body; provided, however, that this does not apply when a rotating test of the high speed rotating body other than those set forth in the following Article is carried out, and measures such as providing a sound cover in the testing facilities for preventing dangers due to destruction of the rotating body have been taken.
(Non-Destructive Inspection of the Rotating Shaft)
Article 150When carrying out a rotating test of high speed rotating body (limited to the body that has rotating shaft with the weight exceeding 1 ton and the circumferential speed exceeding 120 m/sec.), the employer must confirm in advance, that there is no defect that has a risk of causing destruction to its rotating shaft by carrying out non-destructive inspection in accordance with the material, shape, etc.
(Implementation Method of a Rotating Test)
Article 150-2When carrying out a rotating test of a high speed rotating body, the employer must carry out the test by a method of remote control, etc., which does not have a risk of endangering the worker conducting the work of controlling, measuring, etc., the rotating body due to destruction of the high speed rotating body.
Section 9 Industrial Robots
(Teaching)
Article 150-3When carrying out the work of teaching, etc., industrial robots within their movement range, the employer must take the following measures in order to prevent the dangers due to an unexpected activation or an operational error of the industrial robots; provided, however, this does not apply to the measures set forth in the following items (i) and (ii), when work is carried out while the power source of the industrial robot is turned off.
(i)to establish rules for the following matters and have workers carry out the work according to the rules:
(a)the method and the procedure for operating the industrial robot;
(b)the speed of the manipulator in operation;
(c)the method of signals when having more than one worker carry out the work;
(d)the measures in emergencies;
(e)the measures for resuming the operation of the industrial robot after suspending its operation in emergencies;
(f)other necessary measures for preventing dangers due to an unexpected activation or an erroneous operation of the industrial robot;
(ii)to take measures in order to enable a worker engaging in the work or a person who oversees the worker to immediately suspend the operation of the industrial robot in emergencies; and
(iii)to take measures of displaying a sign on the start switch, etc., of the industrial robot to indicate that the industrial robot is in operation while carrying out the operation in order to prevent persons other than the worker engaging in the operation from operating the start switch, etc.
(Prevention of Dangers During Operation)
Article 150-4In operating an industrial robot (excluding when operating the industrial robot for teaching, etc., and when the work prescribed in the following Article must be carried out during the operation of the industrial robot), when there is a risk of endangering workers due to coming into contact with the industrial robot, the employer must take necessary measures of providing a railing, an enclosure, etc., for preventing the dangers.
(Inspections)
Article 150-5In carrying out the work of inspecting, repairing, adjusting (excluding the work for teaching, etc.), cleaning or oiling, or confirming these results for an industrial robot within its movement range, the employer must take measures of suspending the operation of the industrial robot, as well as locking the start switch while carrying out the work and displaying a sign on the start switch of the industrial robot to indicate that the work is in progress in order to prevent persons other than the worker engaging in the operation from operating the start switch; provided;however, this does not apply when the work has to be carried out during operation of the industrial robot, and the following measures for preventing dangers due to an unexpected activation or an operational error of the industrial robot have been taken.
(i)to establish rules for the following matters and have workers carry out work according to the rules:
(a)the method and procedure for the operation of the industrial robot;
(b)the method for signaling when having more than one worker carry out the work;
(c)the measures in emergencies;
(d)the measures for resuming the operation of the robot after suspending its operation in emergencies;
(e)other necessary measures for preventing dangers due to unexpected activation or erroneous operation of the industrial robot;
(ii)to take measures for enabling workers engaging in the work or a person who oversees the workers to immediately suspend the operation of the industrial robot in emergencies; and
(iii)to take measures for preventing a person other than the workers engaging in work from operating the selector switch, etc., for changing the operating conditions of the robot during work such as displaying a sign to indicate that the work is currently in progress on the selector switch, etc.
(Inspection)
Article 151When carrying out the work of teaching, etc., (excluding the work carried out while the power source for the industrial robot is turned off) the industrial robot within its movement range, the employer must inspect the following matters before commencing the work for the day, and immediately make repairs or take other necessary measures when having found any abnormality:
(i)damage to the insulation or sheath of an external cable;
(ii)abnormalities in the function of the manipulator; and
(iii)functions of the braking device and emergency stop device.
Chapter I-2 Material Handling Equipment
Section 1 Vehicle Type Material Handling Equipment
Subsection 1 General Provisions
(Definitions)
Article 151-2The term "vehicle type material handling equipment, etc." as used in this Ministerial Order means those falling under any of the following items:
(i)the forklift;
(ii)the shovel-loader;
(iii)the fork loader;
(iv)the straddle carrier;
(v)the transporting vehicle on rough terrain;
(vi)the in-yard transporting vehicle (meaning the automobile constructed to exclusively transport cargos (limited to that with the length of 4.7 m or less, the width of 1.7 m or less and the height of 2.0 m or less) that has the maximum speed of 15 km/h or less (excluding the one falling under the preceding item)); or
(vii)the truck (meaning the automobile constructed to exclusively transport cargos (excluding those falling under the preceding two items)).
(Work Plan)
Article 151-3(1)When carrying out the work using a vehicle type material handling equipment, etc. (excluding the work of traveling on the road using a transporting vehicle on rough terrain or a truck; hereinafter the same applies up to Article 151-7), the employer must establish in advance a work plan that conforms to the space and landform of the place pertaining to the work, the type and capability of the equipment, and the type and shape of the cargo, and carry out the work according to the work plan.
(2)The work plan set forth in the preceding paragraph must indicate the traveling route of the vehicle type material handing equipment, etc., and the method of the work according to the equipment, etc.
(3)When having established the work plan set forth in paragraph (1), the employer must make the matters indicated pursuant to the provisions of the preceding paragraph known to the workers concerned.
(Operation Supervisor)
Article 151-4When carrying out the work using a vehicle type material handling equipment, etc., the employer must designate a supervisor for the work, and have the supervisor direct the work based on the work plan set forth in paragraph (1) of the preceding Article.
(Speed Limit)
Article 151-5(1)When carrying out the work using a vehicle type material handling equipment, etc., (excluding the equipment that has a maximum speed of 10 km/h or less), set the appropriate speed limit for the vehicle type material handling machine, etc., in accordance with the landform and conditions of the ground, the place pertaining to the work, etc., in advance, and carry out the work by the set speed limit.
(2)The operator of the vehicle type material handling equipment, etc., set forth in the preceding paragraph must not operate the vehicle type material handling equipment, etc., at a speed exceeding the speed limit set forth in the same paragraph.
(Prevention of Falling)
Article 151-6(1)When carrying out the work using a vehicle type material handling equipment, etc., the employer must take necessary measures for the traveling route of the equipment, etc., such as maintaining the necessary width and preventing uneven settling of the ground and collapse of shoulder in order to prevent workers from dangers due to overturning or falling of the equipment, etc.
(2)When the work using a vehicle type material handling equipment, etc., is carried out at a road shoulder, inclined place, etc., and when there is a risk of endangering workers due to overturning or falling of the equipment, etc., the employer must place a guide, and have the person guide the equipment, etc.
(3)The operator of the vehicle type material handling equipment, etc., referred to in the preceding paragraph must follow the instructions given by the guide set forth in the same paragraph.
(Prevention of Contact)
Article 151-7(1)When carrying out the work using a vehicle type material handling equipment, etc., the employer must not allow a worker to enter a place that has a risk of endangering workers due to coming into contact with the vehicle type material handling equipment, etc., or its cargo during operation; provided, however, that this does not apply when placing a guide and having the person guide the equipment, etc.
(2)The operator of the vehicle type material handling equipment, etc., set forth in the preceding paragraph must follow the instruction given by the guide set forth in the proviso of the same paragraph.
(Signals)
Article 151-8(1)When placing a guide for a vehicle type material handling equipment, etc., the employer must set fixed signals and have the guide give the signals.
(2)The operator of the vehicle type material handling equipment, etc., set forth in the preceding paragraph must follow the signals set forth in the same paragraph.
(Prohibition of Entry)
Article 151-9(1)As regards a vehicle type material handling equipment, etc., (excluding those equipped with a device for preventing a fork, a shovel or an arm from unexpectedly descending due to its structure), the employer must not allow a worker to enter the place below its fork, shovel or sheathing cargo supported by them; provided, however that this does not apply when work for repairs or inspections, etc., are carried out, and having the worker engaged in the work use a safety prop or a safely block, etc., in order to prevent a worker from dangers due to unexpected descending of the fork, the shovel or the arm.
(2)The worker carrying out the work set forth in the proviso of the preceding paragraph must use the safety prop, the safety block, etc., set forth in the proviso of the same paragraph.
(Loading of Cargo)
Article 151-10When loading cargo on a vehicle type material handling equipment, etc., the employer must comply with the following requirements:
(i)to load the cargo in a manner that prevents uneven loading.
(ii)for a transporting vehicle on rough terrain, an in-yard transporting vehicle or a truck, to take such necessary measures of roping or sheeting cargos, etc., in order to prevent workers from dangers due to collapsing or falling of cargo.
(Measures to be Taken When Leaving the Operating Station)
Article 151-11(1)When the operator of a vehicle type material handling equipment, etc., leaves the operating station, the employer must have the operator take the following measures:
(i)to place a cargo handling device of the fork, shovel, etc., at the lowest descending position; and
(ii)to stop the prime mover and take measures of setting the brake securely to keep the machine in a stopped state, in order to prevent the vehicle type material handling equipment, etc., from breaking into a run.
(2)The operator set forth in the preceding paragraph must take the measures listed in each item of the same paragraph when leaving the operating station of the vehicle type material handling equipment, etc.
(Transfer of a Vehicle Type Material Handling Equipment)
Article 151-12When using a loading plate, fills, etc., in the case where a vehicle type material handling equipment, etc., is loaded to a truck, etc., or is unloaded from a truck, etc., by self-propelling or towing for transferring the equipment, the employer must comply with the following requirements in order to prevent dangers due to overturning, falling, etc. of the equipment:
(i)to load or unload the equipment at a level and firm place;
(ii)when using a loading plate, to use the loading plate with a sufficient length, width and strength, and fix it securely with appropriate incline; and
(iii)when using fills or a temporary stand, etc., to secure a sufficient width, strength and appropriate incline.
(Restriction on Riding)
Article 151-13When carrying out the work using a vehicle type material handling equipment, etc. (excluding a transporting vehicle on rough terrain and a truck), the employer must not allow a worker to ride on places other than the seat; provided, however, that this does not apply when having taken measures to prevent workers from dangers due to falling.
(Restriction on the Use for Other than Main Purpose)
Article 151-14The employer must not use a vehicle type material handling equipment for purposes other than its main purpose, such as hoisting loads or raising or lowering workers; provided, however, that this does not apply if doing so is not likely to endanger workers.
(Repairs)
Article 151-15When carrying out the work of repairing a vehicle type material handling equipment, etc., or fitting or removing its attachments, the employer must designate a person to supervise the work and have the person carry out the following matters:
(i)to decide the work procedures, and directly supervise the work; and
(ii)to monitor the use of safety props, safety blocks, etc., set forth in the proviso of Article 151-9, paragraph (1).
Subsection 2 Forklifts
(Front and Rear Lamps)
Article 151-16As regards a forklift, the employer must not use a forklift without front and rear lamps; provided, however, that this does not apply to the place where necessary illumination for safely carrying out the work is maintained.
(Head Guard)
Article 151-17As regards a forklift, the employer must not use a forklift without a head guard that conforms to the following requirements; provided, however, that this does not apply if doing so is not likely to endanger the operator of the forklift due to falling of cargo:
(i)having the strength withstanding against the uniformly distributed static load equivalent to two times of the maximum load of the forklift (4 tons when the value exceeds 4 tons);
(ii)having the opening of the upper frame with the width or the length of less than 16 cm;
(iii)having the height from the upper surface of a driver's seat to the lower surface of the upper frame of a head guard of 95 cm or more for the type of forklift operated by a driver sitting on its driver's seat; and
(iv)having the height from the floor surface of the driver's seat to the lower surface of the upper frame of the head guard of 1.8 m or more for the forklift operated by a driver standing.
(Backrest)
Article 151-18As regards a forklift, the employer must not use a forlift without a backrest; provided, however, that this does not apply if doing so is not likely to endanger workers due to falling of cargo on the rear of the mast.
(Pallets)
Article 151-19As regards a pallet or a skid used in the material handling work by a forklift, the employer must not use a pallet or a skid unless it meets the following requirements:
(i)to have sufficient strength in accordance with the weight of cargos to be loaded; and
(ii)to be free from marked damage, deformation or corrosion.
(Restriction of Use)
Article 151-20As regards a forklift, the employer must not use a forklift in conditions exceeding the allowable load (meaning the maximum load that can be loaded in accordance with its structure and material of the forklift and the center of the gravity of the load to be loaded on the fork, etc. (meaning a device for loading cargo such as a fork, a ram)) and other capabilities.
(Periodical Self-inspection)
Article 151-21(1)As regards a forklift, the employer must carry out a self-inspection for the following matters periodically once every period not exceeding one year; provided, however, that this does not apply to the non-use period of a forklift, which is not used for a period exceeding one year:
(i)abnormalities in compression pressure, valve clearance and other parts of a prime mover;
(ii)abnormalities in differential, propeller shaft and other power transmission devices;
(iii)abnormalities in tire, wheel bearing and other traveling devices;
(iv)abnormalities in rotation angle of left and right steering wheels, knuckle, rod, arm and other controlling devices;
(v)abnormalities in braking capability, brake drum, brake shoe and other braking devices;
(vi)abnormalities in fork, mast, chains, chain wheel and other cargo handling devices;
(vii)abnormalities in hydraulic pump, hydraulic motor, cylinder, a safety valve and other parts of a hydraulic system;
(viii)abnormalities in voltage, amperage and other electrical system abnormalities; and
(ix)abnormalities in the body, head guard, backrest, warning device, direction indicator, lightning device, or meter.
(2)As regards the forklift set forth in the proviso of the preceding paragraph, the employer must carry out a self-inspection for the matters listed in each item of the same paragraph before resuming the operation.
Article 151-22(1)As regards a forklift, the employer must carry out a self-inspection for the following matters periodically once every period not exceeding one month; provided, however, that this does not apply to the non-use period of a forklift which is not used for a period exceeding one month:
(i)abnormalities in braking device, clutch and controlling device;
(ii)abnormalities in cargo handling device and hydraulic system; and
(iii)abnormalities in head guard and backrest.
(2)As regards the forklift set forth in the proviso of the preceding paragraph, the employer must carry out a self-inspection for the matters listed in each item of the same paragraph before resuming the operation.
(Record of Periodical Self-inspections)
Article 151-23When having carried out the self-inspection set forth in the preceding two Articles, the employer must record the following matters and preserve the record for three years:
(i)the date of the inspection;
(ii)the method of the inspection;
(iii)the parts inspected;
(iv)the results of the inspection;
(v)the name of the person who has carried out the inspection; and
(vi)when measures such as repairs have been taken based on the result of the inspection, the details of the repairs.
(Specified Self-inspection)
Article 151-24(1)The specified self-inspection pertaining to a forklift is to be the self-inspection prescribed in Article 151-21.
(2)The worker who has the qualifications prescribed by the Order of the Ministry of Health, Labour and Welfare set forth in Article 45, paragraph (2) of the Act pertaining to a forklift is to be the person who falls under any of the following items:
(i)a person who falls under any of the following sub-items and has completed the training course specified by the Minister of Health, Labour and Welfare:
(a)a person who has majored in and graduated from an engineering course of a university or a technical collage under the School Education Act, and has experience of having been engaged in the work of inspection or maintenance of a forklift for two years or longer, or design or manufacture of a forklift for five years or longer;
(b)a person who has majored in and graduated from an engineering course of a senior high school or a secondary education school under the School Education Act and has experience of having been engaged in the work of inspection or maintenance of a forklift for four years or longer, or design or manufacture of a forklift for seven years or longer;
(c)a person who has experience of having been engaged in the work of inspection or maintenance of a forklift for seven years or longer, or design or manufacture of a forklift for 10 years or longer;
(d)a person who has experience of having been engaged in the work of operating a forklift for 10 years or longer; or
(ii)other persons specified by the Minister of Health, Labour and Welfare.
(3)As regards the forklift (limited to the forklift for which Article 48, paragraph (1) of the Road Transportation Vehicle Act (Act No. 185 of 1951) applies) used for the traveling prescribed in Article 2, paragraph (5) of the same Act (hereinafter referred to as "traveling"), when having conducted an inspection pursuant to the provisions of the same paragraph, the employer is not required to carry out the self-inspection set forth in Article 151-21 for the parts where the inspection has been carried out.
(4)As regards the application of the provisions of the preceding Article when having a registered inspection agency implement the specified self-inspection pertaining to a forklift, the term "the name of the person who has carried out the inspection" in item (v) of the same Article is deemed to be replaced with "the name of the registered inspection agency."
(5)When having carried out the specified self-inspection pertaining to a forklift, the employer must affix an inspection sticker stating the month and year when the specified self-inspection was carried out at a readily visible part of the forklift.
(Inspection)
Article 151-25When carrying out work using a forklift, the employer must inspect the following matters before commencing the work for the day:
(i)functions of the braking device and controlling device;
(ii)functions of the cargo handling device and hydraulic system;
(iii)abnormalities in the wheels; and
(iv)functions of front and rear lamps, direction indicator and warning device.
(Repairs)
Article 151-26When having found an abnormality in carrying out the self-inspection set forth in Article 151-21 or Article 151-22, or the inspection set forth in the preceding Article, the employer must immediately make repairs or take other necessary measures.
Subsection 3 Shovel-Loaders
(Front and Rear Lamps)
Article 151-27As regards a shovel-loader or a fork loader (hereinafter referred to as "shovel-loader, etc."), the employer must not use a shovel-loader, etc., without front and rear lamps; provided, however, that this does not apply to the place where necessary illumination for safely carrying out the work is maintained.
(Head Guard)
Article 151-28As regards a shovel-loader, etc., the employer must not use a shovel-loader. etc., without a solid head guard; provided, however, that this does not apply if doing so is not likely to endanger the operator of the shovel-loader, etc., due to falling of cargo.
(Loading of Cargo)
Article 151-29As regards a shovel-loader, etc., the employer must load cargos in such a manner that the loaded cargo does not obstruct the operator's view.
(Restriction of Use)
Article 151-30As regards a shovel-loader, etc., the employer must not use the shovel-loader for loading materials exceeding the maximum load or other purposes exceeding its capabilities.
(Periodical Self-inspection)
Article 151-31(1)As regards shovel-loaders, etc., the employer must carry out a self-inspection for the following matters periodically once every period not exceeding one year; provided, however, that this does not apply to the non-use period of shovel-loaders, etc. which is not used for a period exceeding one year:
(i)abnormalities in the prime mover;
(ii)abnormalities in power transmission device and traveling device;
(iii)abnormalities in braking device and controlling device;
(iv)abnormalities in the cargo handling device and hydraulic system; and
(v)abnormalities in the electrical system, safety device and meters.
(2)As regards the shovel-loader, etc. set forth in the proviso of the preceding paragraph, the employer must carry out a self-inspection for the matters listed in each item of the same paragraph before resuming the operation.
Article 151-32(1)As regards a shovel-loader, etc., the employer must carry out a self-inspection for the following matters periodically once every period not exceeding one month; provided, however, that this does not apply to the non-use period of shovel-loaders, etc. which is not used for a period exceeding one month:
(i)abnormalities in the braking device, clutch and controlling device;
(ii)abnormalities in the cargo handling device and hydraulic system; and
(iii)abnormalities in head guard.
(2)As regards the shovel-loader, etc., set forth in the proviso of the preceding paragraph, the employer must carry out a self-inspection for the matters listed in each item of the same paragraph before resuming the operation.
(Record of Periodical Self-inspections)
Article 151-33When having carried out the self-inspection set forth in the preceding two Articles, the employer must record the following matters and preserve the record for three years:
(i)the date of the inspection;
(ii)the method of the inspection;
(iii)the parts inspected;
(iv)the results of the inspection;
(v)the name of the person who has carried out the inspection; and
(vi)when measures such as repairs have been taken based on the result of the inspection, the details of the repairs.
(Inspection)
Article 151-34When carrying out the work using a shovel-loader, etc., the employer must inspect the following matters before commencing the work for the day:
(i)functions of the braking device and controlling device;
(ii)functions of the cargo handling device and hydraulic system;
(iii)abnormalities in the wheels; and
(iv)functions of front and rear lamps, direction indicator and warning device.
(Repairs)
Article 151-35When having found an abnormality in carrying out the self-inspection set forth in Article 151-31 or Article 151-32, or the inspection set forth in the preceding Article, the employer must immediately make repairs or take other necessary measures.
Subsection 4 Straddle Carriers
(Front and Rear Lamps)
Article 151-36As regards a straddle carrier, the employer must not use a straddle carrier without front and rear lamps; provided, however, that this does not apply to the place where necessary illumination for safely carrying out the work is maintained.
(Restriction of Use)
Article 151-37As regards a straddle carrier, the employer must not use the straddle carrier for loading cargo exceeding the maximum load and for other purposes exceeding its capabilities.
(Periodical Self-inspection)
Article 151-38(1)As regards a straddle carrier, the employer must carry out a self-inspection for the following matters periodically once every period not exceeding one year; provided, however, that this does not apply to the non-use period of a straddle carrier which is not used for a period exceeding one year:
(i)abnormalities in the prime mover;
(ii)abnormalities in the power transmission device and traveling device;
(iii)abnormalities in the braking device and controlling device;
(iv)abnormalities in the cargo handling device and hydraulic system; and
(v)abnormalities in the electrical system, safety device and meters.
(2)As regards the straddle carrier set forth in the proviso of the preceding paragraph, the employer must carry out a self-inspection for the matters listed in each item of the same paragraph before resuming the operation.
Article 151-39(1)As regards a straddle carrier, the employer must carry out a self-inspection for the following matters periodically once every period not exceeding month; provided, however, that this does not apply to the non-use period of a straddle carrier which is not used for a period exceeding one month:
(i)abnormalities in the braking device, clutch and controlling device; and
(ii)abnormalities in the cargo handling device and hydraulic system.
(2)As regards the straddle carrier set forth in the proviso of the preceding paragraph, the employer must carry out a self-inspection for the matters listed in each item of the same paragraph before resuming the operation.
(Record of Periodical Self-inspections)
Article 151-40When having carried out the self-inspection set forth in the preceding two Articles, the employer must record the following matters and preserve the record for three years:
(i)the date of the inspection;
(ii)the method of the inspection;
(iii)the parts inspected;
(iv)the results of the inspection;
(v)the name of the person who has carried out the inspection; and
(vi)when measures such as repairs have been taken based on the result of the inspection, the details of the repairs.
(Inspection)
Article 151-41When carrying out the work using a straddle carrier, the employer must inspect the following matters before commencing the work for the day:
(i)functions of the braking device and controlling device;
(ii)functions of the cargo handling device and hydraulic system;
(iii)abnormalities in the wheels; and
(iv)functions of front and rear lamps, direction indicator and warning device.
(Repairs)
Article 151-42When having found an abnormality in carrying out the self-inspection set forth in Article 151-38 or Article 151-39, or the inspection set forth in the preceding Article, the employer must immediately make repairs or take other necessary measures.
Subsection 5 Transporting Vehicle on Rough Terrain
(Front and Rear Lamps)
Article 151-43As regards a transporting vehicle on rough terrain (excluding those used for traveling), the employer must not use a transporting vehicle without front and rear lamps; provided, however, that this does not apply to the place where necessary illumination for carrying out the work safely is maintained.
(Restrictions of Use)
Article 151-44As regards a transporting vehicle on rough terrain, the employer must not use for loading cargos exceeding the maximum loading capability and for other purposes exceeding its capacities.
(Raising and Lowering Equipment)
Article 151-45(1)When loading cargos on a transporting vehicle on rough terrain having the maximum loading capacity of 5 tons or more (including the work of roping and sheeting) and unloading cargos from a transporting vehicle on a rough terrain (including the work of unroping and unsheeting), the employer must provide the equipment for the worker engaging the work to go safely ascend and descend between the floor surface and the upper surface of the cargos on the loading platform in order to prevent workers from dangers due to falling.
(2)The worker engaging in the work set forth in the preceding paragraph, when ascending and descending between the floor surface and the upper surface of the cargos on the loading platform, must use the equipment for raising and lowering set forth in the preceding paragraph.
(Prohibition of the Use of an Inadequate Fiber Rope)
Article 151-46The employer must not use a fiber rope falling under any of the following items for roping cargos on a transporting vehicle on rough terrain:
(i)those with cut strand; or
(ii)those with marked damage or corrosion.
(Inspection on a Fiber Rope)
Article 151-47When using a fiber rope for roping cargos on a transporting vehicle on rough terrain, the employer must inspect the rope before starting the use for the day, and immediately replace it when having found an abnormality.
(Loading and Unloading)
Article 151-48When loading a cargo with the weight of 100 kg or more on a transporting vehicle on rough terrain (including the work of roping and sheeting) or unloading the cargo from a transporting vehicle on a rough terrain (including the work of unroping and unsheeting), the employer must designate a person who supervises the work, and have the person carry out the following matters:
(i)to decide the work procedure and the work method for each work procedure, and directly supervise the work;
(ii)to inspect the instruments and tools, and remove those defective;
(iii)not to allow workers other than those concerned to enter the place where the work is carried out;
(iv)when carrying out the work of unroping or unsheeting, to instruct the commencement of the work after having confirmed that there is no danger of cargos falling from the loading platform; and
(v)to monitor the use of the equipment for raising and lowering set forth in Article 151-45, paragraph (1) and the safety helmet.
(Prohibition of Pulling Out Middle Cargo from the Pile)
Article 151-49(1)When carrying out the work of unloading cargos from a transporting vehicle on rough terrain, the employer must not have the worker engaging in the work pull out middle cargo from the pile.
(2)The worker engaging in the work set forth in the preceding paragraph must not pull out middle cargo from the pile.
(Restrictions of Riding on the Loading Platform)
Article 151-50(1)When traveling a transporting vehicle on rough terrain without a tailgate on the loading platform, the employer must not have a worker ride on the loading platform.
(2)In the case referred to in the preceding paragraph, the worker must not ride on the loading platform set forth in the same paragraph.
Article 151-51(1)When traveling a transporting vehicle on a rough terrain with a tailgate on the loading platform and having a worker ride on the loading platform, the employer must comply with the following requirements:
(i)to take measures to provide a stopper, a anti-slipper, etc., for the cargos which have the risk of endangering workers due to shifting in order to prevent workers from dangers due to the shifting of the cargos;
(ii)to have the worker riding on the loading platform carry out the following matters:
(a)to close the tailgate securely;
(b)to not ride on the tailgate and other places where there is a risk of worker falling due to shaking of the transporting vehicle on a rough terrain; and
(c)to not ride with the highest part of the body of the worker exceeding the height of roof of the operator's seat (the highest part of the cargo when the highest part of the load on the loading platform is higher than the height of the roof of the operator's seat).
(2)The worker set forth in item (ii) of the preceding paragraph must carry out the matters listed in the same item.
(Wearing of Safety Helmet)
Article 151-52(1)When carrying out the work of loading cargos on a transporting vehicle on a rough terrain having the maximum loading capacity of 5 tons or more (including the work of roping and sheeting) or unloading cargos from a transporting vehicle on a rough terrain having the maximum loading capacity of 5 tons or more (including the work of unroping and unsheeting), the employer must have the worker engaging in the work wear a safety helmet in order to prevent workers from dangers due to falling.
(2)The worker engaging in the work set forth in the preceding paragraph must wear the safety helmet set forth in the same paragraph.
(Periodical Self-inspection)
Article 151-53(1)As regards a transporting vehicle on a rough terrain, the employer must carry out a self-inspection for the following matters periodically once every period not exceeding two years; provided, however, that this does not apply to the non-use period of a transporting vehicle on a rough terrain which is not used for a period exceeding two years:
(i)abnormalities in compression pressure, valve clearance and other abnormalities of the prime mover;
(ii)abnormalities in the clutch, transmission, final driver and other abnormalities of power transmission devices;
(iii)abnormalities in the drive wheel, idling wheel, vertical trunk roller, belt, tire, wheel bearing and other abnormalities of traveling devices;
(iv)abnormalities in the rod, arm and other abnormalities of controlling devices;
(v)abnormalities in braking capability, brake drum, brake shoe and other abnormalities of braking devices;
(vi)abnormalities in loading platform, tailgate and other abnormalities of cargo handling devices;
(vii)abnormalities in the hydraulic pump, hydraulic motor, cylinder, safety valve and other abnormalities of the hydraulic system;
(viii)abnormalities in voltage, amperage and other abnormalities of the electrical system; and
(ix)abnormalities in the body, warning device, direction indicator, lightning device and meter.
(2)As regards the transporting vehicle on a rough terrain set forth in the proviso of the preceding paragraph, the employer must carry out a self-inspection for the matters listed in each item of the same paragraph before resuming the operation.
Article 151-54(1)As regards a transporting vehicle on a rough terrain, the employer must carry out a self-inspection for the following matters periodically once every period not exceeding one month; provided, however, that this does not apply to the non-use period of a transporting vehicle on a rough terrain which is not used for a period exceeding one month:
(i)abnormalities in the braking device, clutch and controlling device; and
(ii)abnormalities in the cargo handling device and hydraulic system;
(2)As regards the transporting vehicle on a rough terrain set forth in the proviso of the preceding paragraph, the employer must carry out a self-inspection for the matters listed in each item of the same paragraph before resuming the operation.
(Record of Periodical Self-inspections)
Article 151-55When having carried out the self-inspection set forth in the preceding two Articles, the employer must record the following matters and preserve the record for three years:
(i)the date of the inspection;
(ii)the method of the inspection;
(iii)the parts inspected;
(iv)the results of the inspection;
(v)the name of the person who has carried out the inspection; and
(vi)when measures such as repairs have been taken based on the result of the inspection, the details of the repairs.
(Specified Self-inspection)
Article 151-56(1)The specified self-inspection pertaining to the transporting vehicle on a rough terrain is to be the self-inspection prescribed in Article 151-53.
(2)The provisions of Article 151-24, paragraph (2) apply mutatis mutandis to the worker who has the qualifications prescribed by the Order of the Ministry of Health, Labour and Welfare set forth in Article 45, paragraph (2) of the Act pertaining to a transporting vehicle on a rough terrain. In this case, the term "forklift" in Article 151-24, paragraph (2), item (i) is deemed to be replaced with "transporting vehicle on a rough terrain."
(3)As regards the transporting vehicle on a rough terrain used for traveling (limited to that on which Article 48, paragraph (1) of the Road Transportation Vehicle Act applies), when having made an inspection pursuant to the provisions of the same paragraph, the employer is not required to carry out the self-inspection set forth in Article 151-53 for the parts where the inspection has been carried out.
(4)As regards the application of the provisions of the preceding Article when having a registered inspection agency implement the specified self-inspection pertaining to a transporting vehicle on a rough terrain, the term "the name of the person who has carried out the inspection" in item (v) of the same Article is deemed to be replaced with "the name of the registered inspection agency."
(5)When having carried out the specified self-inspection pertaining to a transporting vehicle on a rough terrain, the employer must affix an inspection sticker stating the month and year when the specified self-inspection was carried out at a readily visible part of the vehicle.
(Inspection)
Article 151-57When carrying out the work using a transporting vehicle on a rough terrain, the employer must inspect the following matters before commencing the work for the day:
(i)functions of the braking device and controlling device;
(ii)functions of the cargo handling device and hydraulic system;
(iii)abnormalities in belt and wheel; and
(iv)functions of front and rear lamps, direction indicator and warning device.
(Repairs)
Article 151-58When having found any abnormalities in carrying out the self-inspection set forth in Article 151-53 or Article 151-54, or the inspection set forth in the preceding Article, the employer must immediately make repairs or take other necessary measures.
Subsection 6 In-yard Transporting Machine
(Braking Devices)
Article 151-59As regards an in-yard transporting machine (excluding those used for traveling; hereinafter the same applies in this Article), the employer must not use it unless it conforms to the following requirements; provided, however, that the provisions of item (iv) does not apply to the in-yard transporting machine used at a place where necessary illumination for safely carrying out the work is maintined:
(i)having an effective braking device for braking the travel motion and maintaining the stopped state;
(ii)having an alarming horn;
(iii)having a direction indicator on both the left and right side, for those with the distance between the center of the steering wheel and the outermost side of the body of 65 cm or more or those with an operator's seat in the cabin; and
(iv)having front and rear lamps.
(Coupling Device)
Article 151-60When coupling an in-yard transporting machine with a carriage, the employer must use a secure coupling device.
(Restriction of Use)
Article 151-61As regards an in-yard transporting machine, the employer must not use it for loading cargos exceeding the maximum loading capacity and for other purposes exceeding its capabilities.
(Loading and Unloading)
Article 151-62When loading a cargo with the weight of 100 kg or more on an in-yard transporting machine (including the work of roping and sheeting) or unloading the cargo from an in-yard transporting machine (including the work of unroping and unsheeting), the employer must designate a person who directs the work, and have the person carry out the following matters:
(i)to decide the work procedure and the work method for each work procedure, and directly supervise the work;
(ii)to inspect the instrument and tool, and remove those defective;
(iii)not to allow workers other than those concerned to enter the place where the work is carried out; and
(iv)when carrying out the work of unroping or unsheeting, to instruct the commencement of the work after having confirmed that there is no danger of cargos falling from the loading platform.
(Inspection)
Article 151-63When carrying out the work using an in-yard transporting vehicle, the employer must inspect the following matters before commencing the work for the day:
(i)functions of the braking device and controlling device;
(ii)functions of the cargo handling device and hydraulic system;
(iii)abnormalities in the wheels; and
(iv)functions of front and rear lamps, direction indicator and alarming horn.
(Repairs)
Article 151-64When having found any abnormalities in carrying out the inspection set forth in the preceding Article, the employer must immediately make repairs or take other necessary measures.
Subsection 7 Truck
(Braking Devices)
Article 151-65As regards a truck (excluding those used for traveling; hereinafter the same applies in this Article), the employe must not use it unless it conforms to the following requirements; provided, however, that the provisions of item (viii) does not apply to the truck that has the maximum speed of 20 km/h or less:
(i)having an effective braking device for braking the travel motion and maintaining the stopped state;
(ii)having an operator's seat that provides an operator with view for operating the vehicle safely and with a safety front glass that does not have a strain that obstructs the operator's vision;
(iii)having pneumatic rubber tires without cracks, exposure of cord layers and other marked damages;
(iv)having front and rear lamps;
(v)having a direction indicator on both the left and right side at places where indicating portions are discernible from a distance of 30 m away from the rear or front of the truck along the center line of the truck's body, for those with distance between the center of the steering wheel and the outermost side of the body of 65 cm or more or those with an operator's seat in the cabin;
(vi)having an alarming horn.
(vii)being equipped with a rear mirror enabling the driver to operate the truck safely and a mirror enabling the driver to confirm obstacles directly in front of the truck; and
(viii)being equipped with a speedometer.
(Restriction of Use)
Article 151-66As regards a truck, the employer must not use it for loading cargos exceeding the maximum loading capacity and for other purposes exceeding its capabilities.
(Raising and Lowering Equipment)
Article 151-67(1)When loading cargos on a truck having the maximum loading capacity of 5 tons or more (including the work of roping and sheeting) and unloading cargos from a truck having the maximum loading capacity of 5 tons or more (including the work of unroping and unsheeting), the employer must provide equipment for the worker engaging in the work to ascend and descend safely between the floor surface and the upper surface of the cargos on the loading platform in order to prevent workers from dangers due to falling.
(2)The worker engaging in the work set forth in the preceding paragraph, when ascending and descending between the floor surface and the upper surface of the cargos on the loading platform, must use the equipment for raising and lowering set forth in the preceding paragraph.
(Prohibition of the Use of Inadequate Fiber Rope)
Article 151-68The employer must not use a fiber rope falling under any of the following items for roping cargos on a truck:
(i)those with cut strands; and
(ii)those with marked damage or corrosion.
(Inspection of Fiber Rope)
Article 151-69When using a fiber rope for roping cargos on a truck, the employer must inspect the rope before starting the use for the day, and immediately replace it when having found an abnormality.
(Loading and Unloading)
Article 151-70When loading a cargo with the weight of 100 kg or more on a truck (including the work of roping and sheeting) or unloading the cargo from a truck (including the work of unroping and unsheeting), the employer must designate a person who supervises the work, and have the person carry out the following matters:
(i)to decide the work procedure and the work method for each work procedure, and directly supervise the work;
(ii)to inspect the instrument and tool, and remove those defective;
(iii)not to allow workers other than those concerned to enter the place where the work is carried out;
(iv)when carrying out the work of unroping or unsheeting, to instruct the commencement of the work after having confirmed that there is no danger of cargos falling from the loading platform; and
(v)to monitor the use of equipment for lifting and lowering set forth in Article 151-67, paragraph (1) and a safety helmet.
(Prohibition of Pulling Out Middle Cargo from the Pile)
Article 151-71(1)When carrying out the work of unloading cargos from a truck, the employer must not allow the worker engaging in the work to pull out middle cargo from the pile.
(2)The worker engaging in the work set forth in the preceding paragraph must not pull out middle cargo from the pile.
(Restriction of Riding on a Loading Platform)
Article 151-72(1)When traveling a truck without a tailgate on the loading platform, the employer must not allow a worker to ride on the loading platform.
(2)A worker, in the case referred to in the preceding paragraph, must not ride on the loading platform set forth in the same paragraph.
Article 151-73(1)When traveling a truck with a tailgate on the loading platform, and having a worker ride on the loading platform, the employer must conform to the following requirements:
(i)to take measures of providing a stopper, an anti-slipper etc., for the cargos which have a risk of endangering workers due to their shifting in order to prevent workers from dangers due to the shifting of the cargos;
(ii)to have the worker riding on the loading platform carry out the following matters:
(a)to close the tailgate securely.
(b)to not ride on the tailgate and other places where there is a risk of causing a worker to fall due to shaking of the tailgate or the truck; and
(c)to not ride with the highest part of the body of the worker exceeding the height of roof of the operator's seat (the highest part of the cargo when the highest part of the load on the loading platform is higher than the height of the roof of the operator's seat).
(2)The worker set forth in item (ii) of the preceding paragraph must carry out the matters listed in the same item.
(Wearing of Safety Helmets)
Article 151-74(1)When carrying out the work loading cargos on a truck having the maximum loading capacity of 5 tons or more (including the work of roping and sheeting) or unloading cargos from a truck having the maximum loading capacity of 5 tons or more (including the work of unroping and unsheeting), the employer must have the worker engaging in the work wear a safety helmet in order to prevent workers from dangers due to falling.
(2)The worker engaging in the work set forth in the preceding paragraph must wear the safety helmet set forth in the same paragraph.
(Inspection)
Article 151-75When carrying out the work using a truck, the employer must inspect the following matters before commencing the work for the day:
(i)functions of the braking device and controlling device;
(ii)functions of the cargo handling device and hydraulic system;
(iii)abnormalities in the wheels; and
(iv)functions of front and rear lamps, the direction indicator and alarming horn.
(Repairs)
Article 151-76When having found an abnormality in carrying out out the inspection set forth in the preceding Article, the employer must immediately make repairs or take other necessary measures.
Section 2 Conveyor
(Prevention of Uncontrolled Flow)
Article 151-77As regards a conveyor (excluding a flow-conveyor, a screw-conveyor liquid-conveyor and pneumatic slide; the same applies hereinafter), the employer must not use that without devices designed to prevent uncontrolled flow or back flow of loads or buckets due to power failure, voltage drop, etc., (referred to "uncontrolled flow breaker" in Article 151-82) equipped; provided, however, that this does not apply when the conveyor is used exclusively in a horizontal condition and when it is not likely to endanger the workers.
(Emergency Stop Device)
Article 151-78As regards a conveyor, when there is a risk of endangering workers such as getting a part of a body of the worker caught, the employer must provide a device that enables to immediately stop the operation of a conveyor in an emergency (referred to "emergency stop device" in Article 151-82).
(Prevention of Falling of Cargos)
Article 151-79When there is a risk of endangering workers due to falling of cargos from a conveyor, the employer must take measures such as providing a cover or an enclosure for the conveyor, etc., in order to prevent cargos from falling.
(Trolley Conveyor)
Article 151-80As regards a trolley conveyor, the employer must not use it unless the trolley, chain and hanger are connected to each other securely so as not to become easily disconnected.
(Restriction of Riding)
Article 151-81(1)The employer must not allow a worker to ride on a conveyor during operation; provided, however, this does not apply to the conveyor constructed for transporting workers and measures are taken to prevent workers from dangers due to falling or coming into contact, etc.
(2)A worker must not ride on a conveyor during operation excluding the case referred to in the proviso of the preceding paragraph.
(Inspection)
Article 151-82When carrying out the work using a conveyor, the employer must inspect the following matters before commencing the work for the day:
(i)functions of the prime mover and pulley;
(ii)functions of the uncontrolled flow breaker;
(iii)functions of the emergency stop device; and
(iv)abnormalities in the cover, enclosure, etc. of the prime mover, rotating shaft, gear, pulley, etc.
(Repairs)
Article 151-83When having found an abnormality in carrying out the inspection set forth in the preceding Article, the employer must immediately make repairs or take other necessary measures.
Chapter II Construction Machines
Section 1 Vehicle Type Construction Machines
Subsection 1 Structure
(Provision of Front Lamp)
Article 152The employer must provide a vehicle type construction machine with a front lamp; provided, however, that this does not apply to a vehicle type construction machine used at a place where necessary illumination for safely carrying out the work is maintained.
(Head Guard)
Article 153When using a vehicle type construction machine (limited to a bulldozer, a tractor shovel, a muck loader, a power shovel, a drag shovel and a breaker) in a place where there is a risk of endangering workers due to falling of rocks, etc., the employer must provide the vehicle type construction machine with a solid head guard.
Subsection 2 Prevention of Dangers Pertaining to the Use of Vehicle Type Construction Machines
(Investigation and Record)
Article 154When carrying out the work using a vehicle type construction machine, the employer must investigate in advance the landform and condition of the nature of the soil, etc., of the place pertaining to the work in order to prevent workers from dangers due to falling of the machine, collapse of natural ground, etc., and record the result of the investigation.
(Work Plan)
Article 155(1)When carrying out the work using a vehicle type construction machine, the employer must establish in advance a work plan that conforms to what became known by the investigation pursuant to the provisions of preceding Article, and carry out the work according to the work plan.
(2)The work plan set forth in the preceding paragraph must indicate the following matters:
(i)the type and capability of the vehicle type construction machine to be used;
(ii)the traveling route of the vehicle type construction machine; and
(iii)the method of work by the vehicle type construction machine.
(3)When having established the work plan set forth in paragraph (1), the employer must make the matters set forth in items (ii) and (iii) of the preceding paragraph known to the workers concerned.
(Speed Limit)
Article 156(1)When carrying out the work using a vehicle type construction machine (excluding those with the maximum speed of 10 km/h or less), the employer must, in advance, set the appropriate speed limit for the vehicle type construction machine in accordance with the landform and conditions of nature of the soil, etc., of the place pertaining to the work and carry out the work by the set speed limit.
(2)The operator of the vehicle type construction machine set forth in the preceding paragraph must not operate the vehicle type construction machine at a speed exceeding the speed limit set forth in the same paragraph.
(Prevention of Falling)
Article 157(1)When carrying out the work using a vehicle type construction machine, the employer must take necessary measures for the traveling route of the machine etc., such as preventing collapse of the shoulder and uneven settling of the ground, and maintaining the necessary width in order to prevent workers from dangers due to overturning or falling of the machine.
(2)When the work using a vehicle type construction machine is carried out at road shoulder, inclined place, etc., and there is a risk of endangering workers due to overturning or falling of the machine, the employer must place a guide, and have the person guide the machine.
(3)The operator of a vehicle type construction machine set forth in the preceding paragraph must follow the instructions given by the guide set forth in the same paragraph.
(Prevention of Contact)
Article 158(1)When carrying out the work using a vehicle type construction machine, the employer must not allow a worker to enter a place that has a risk of endangering workers due to coming into contact with the vehicle type construction machine during operation; provided, however, that this does not apply when the employer arranges a guide and has the person guide the machine.
(2)The operator of the vehicle type construction machine set forth in the preceding paragraph must follow the instruction given by guide set forth in the proviso of the same paragraph.
(Signals)
Article 159(1)When placing a guide for operation of a vehicle type construction machine, the employer must set fixed signals and have the guide give the signals.
(2)The operator of the vehicle type construction machine set forth in the preceding paragraph must follow the signals set forth in the same paragraph.
(Measures to Be Taken in the Case of Leaving the Operating Station)
Article 160(1)When the operator of a vehicle type construction machine leaves the operating station, the employer must have the operator take the following measures:
(i)to place the working device such as a bucket, ripper, etc., on the ground; and
(ii)to stop the prime mover and take measures such as setting the brake in order to prevent the vehicle type construction machine from breaking into a run.
(2)The operator set forth in the preceding paragraph must take measures listed in each item of the same paragraph when leaving the operating station of a vehicle type construction machine.
(Transfer of Vehicle Type Construction Machine)
Article 161In the case of loading a vehicle type construction machine to a truck, etc., or unloading it from a truck, etc., by self-propelling or towing for transferring the machine, when using a loading plate, fills, etc., the employer must comply with the following requirements in order to prevent dangers due to overturning, falling, etc. of the machine:
(i)to load or unload the machine at a level and firm place;
(ii)when using a loading plate, to use the plate with sufficient length, width and strength, and fix it securely with appropriate incline; and
(iii)when using fills or a temporary stand, etc., to secure sufficient width, strength, and appropriate incline.
(Restriction of Riding)
Article 162When carrying out the work using a vehicle type construction machine, the employer must not allow a worker to ride on places other than the seat.
(Restriction of Use)
Article 163When carrying out the work using a vehicle type construction machine, the employer must observe the stability, the maximum working load, etc., decided on the basis of its structure in order to prevent workers from dangers due to overturning or destruction of working device of an sheathing a boom, etc.
(Restriction on the Use for Purpose Other than the Main Purpose)
Article 164(1)The employer must not use a vehicle type construction machine for purpose other than its main purpose such as to hoist loads by using a power shovel or to raise or lower workers in a clamshell.
(2)The provisions of the preceding paragraph do not apply to a case that falls under any of the following items:
(i)the case falling under all of following sub-items, when the load lifting work is carried out:
(a)when it is unavoidable due to the nature of the work or necessary for the safe implementation of the work;
(b)when metal parts of a hook and a shackle or any other hoisting parts falling under all of following conditions are fitted to the work device such as an arm or a bucket:
1.having sufficient strength in accordance with the load to be applied;
2.having no risk of the danger of the load lifted falling from the parts due to the use of a latch;
3.the load has no risk of coming off from the work device;
(ii)when work other than lifting a load is carried out, and there is no risk of endangering the workers.
(3)When carrying out the load lifting work falling under item (i), (a) and (b) of the preceding paragraph, the employer must take the following measures to prevent workers from dangers due to coming into contact with the lifted load, falling of the lifted load, and overturning or falling of the vehicle type construction machine:
(i)to set fixed signals for load lifting work, as well as designate a person who gives the signals and have the person give the signals;
(ii)to carry out the work on a level place;
(iii)to not allow workers to enter the place where there is a risk of endangering workers due to contact with load or falling of the load;
(iv)to not apply the load that exceeds the maximum load established in accordance with the structure and material of the vehicle type construction machine;
(v)to use a wire rope falling under all of following cases in the case where the wire rope is used as the slinging equipment:
(a)those with a safety coefficient (meaning a safety coefficient prescribed in Article 213, paragraph (2) of the Crane Ordinance) of 6 or more;
(b)those with less than 10% of the element wires (excluding filler wires) are cut in one strand;
(c)those with the reduction ratio of a diameter 7 % or less of the normal diameter;
(d)those without kinks;
(e)those without marked deformation or corrosion;
(vi)to use a suspension chain falling under all of following conditions when the suspension chain is used as a suspension device:
(a)those with a safety coefficient (meaning a safety coefficient prescribed in Article 213-2, paragraph (2) of the Crane Ordinance) equal to or above the value listed in 1 or 2 below in accordance with the classification of chains listed in 1 or 2 below:
1.chain falling under all of following conditions:4
i.those with an extension of 0.5 % or less when loaded with one half of the breaking load;
ii.those with tensile strength of 400 N/mm2 or more and with the extension listed in the right column of the following table or more in accordance with the tensile strength listed in the left column.
Tensile Strength (Unit: N/mm2)
Extension (Unit: Percent)
400 or more and less than 630
20
630 or more and less than 1000
17
More than 1000
15
2.those not falling under 1:5
(b)those with the extension of 5 % or less of the length of the chain when it was manufactured;
(c)those with a reduction in section diameter of the links of 10 % or less of the section diameter of the links at the time of manufacture of the chain;
(d)those wit