Industrial Safety and Health Act

An employer must make known to workers an overview of this Act and of any order under this Act by means, such as displaying or posting this in conspicuous places throughout the workspace,specified by Order of the Ministry of Health, Labour and Welfare .

Having appointed an industrial physician, an employer must make known to the workers information concerning the duties of the industrial physician at the workplace, such as the substance of the duties, that is specified by Order of the Ministry of Health, Labour and Welfare by means, such as displaying or posting this in conspicuous places throughout the workspace specified by Order of the Ministry of Health, Labour and Welfare.

The provisions in the preceding paragraph apply mutatis mutandis to the employer that has a person prescribed in paragraph (1) of Article 13-2 do all or part of worker healthcare and related duties. In such a case, the phrase "make known to" in the preceding paragraph is deemed to be replaced with "endeavor to make known to".

An employer must make the information of which it has been notified pursuant to paragraph (1) or (2) of Article 57-2 (including, in the case where an alternative chemical name, etc. has been notified in place of notification of a component pursuant to the provisions of paragraph (3) or (6) of that Article, that alternative chemical name, etc.) known to the workers handling a chemical substance, preparation containing a chemical substance, or other substance regarding which it has been notified of that information, by means, such as always displaying or keeping the information in a conspicuous spot in each workspace where workers handle the substance, specified by Order of the Ministry of Health, Labour and Welfare.

A person that has installed a facilities for gas supply or any other facility specified by Cabinet Order must provide instructions on measures to be taken in order to prevent that workpiece from causing an industrial injury, if requested to provide instructions on this by an employer that is doing construction or carrying out any other job in the place where the workpiece is located or in the vicinity thereof.

An employer, pursuant to Order of the Ministry of Health, Labour and Welfare, must keep the documents (excluding the records under the following paragraph and paragraph (3)) prepared under the provisions of this Act or an order under this Act (excluding the provisions of paragraph (4) of Article 57-2 and of an order under that paragraph).

Pursuant to Order of the Ministry of Health, Labour and Welfare, a registered agency for design reviews and post-manufacturing inspections, registered agency for performance inspections, registered agency for individual examinations, registered agency for type examinations, registered inspection agency, designated examination board, registered training institution, designated consultant examination board, or designated registration institution must prepare and keep records that contain information regarding design reviews or post-manufacturing inspections, performance inspections, individual examinations, type examinations, specified inspections, licensing examinations, skill training courses, practical training, industrial safety consultant examinations, industrial health consultant examinations, and consultant registrations as prescribed by Order of the Ministry of Health, Labour and Welfare.

Pursuant to Order of the Ministry of Health, Labour and Welfare, a consultant must prepare and keep records that contain the information prescribed by Order of the Ministry of Health, Labour and Welfare regarding the services thereof.

Pursuant to Order of the Ministry of Health, Labour and Welfare, a person notifying an alternative chemical name, etc. must keep the documents prepared under the provisions of paragraph (4) of Article 57-2 or an order under that paragraph.

In collecting, preserving, or using information regarding the physical and mental conditions of workers in connection with its implementation of measures under the provisions of this Act or an order under this Act, an employer must collect information on the physical and mental conditions of workers within the necessary scope to ensure the health of the workers, and must preserve and use that information within the scope of the purpose of its collection; provided, however, that this does not apply if the employer has the consent of the individual concerned or if there are any other reasonable grounds.

An employer must take the necessary measures to manage information on the physical and mental conditions of workers in an appropriate manner.

The Minister of Health, Labour and Welfare is to release the necessary guidelines to ensure the appropriate and effective implementation of the measures that employers are to take pursuant to the provisions of the preceding two paragraphs.

Having released guidelines as referred to in the preceding paragraph, and on finding that it is necessary to do so, the Minister of Health, Labour and Welfare may provide the necessary guidance on those guidelines to employers and associations thereof.

A person who was engaged in the implementation of a medical checkup under the provisions of paragraph (1) of Article 65-2 and paragraphs (1) through (4) of Article 66, the face-to-face guidance under the provisions of paragraph (1) of Article 66-8, paragraph (1) of Article 66-8-2 and paragraph (1) of Article 66-8-4, the examination under paragraph (1) of Article 66-10, or the face-to-face guidance under the provisions of paragraph (3) of that Article, must not divulge any secretof the worker of which they have become aware in connection with the implementation thereof.

Beyond what is provided for in Article 19-3, paragraph (3) of Article 28-2, paragraph (4) of Article 57-3, Article 58, Article 63, paragraph (9) of Article 66-10, Article 71, and Article 71-4, the State must endeavor to take financial measures, give technical advice, and provide other necessary assistance with respect to activities undertaken by employers including the streamlining of safety and health facilities and the implementation of special safety and health improvement plans and safety and health improvement plans, in order to contribute to the prevention of industrial injuries.

In granting the assistance referred to in the preceding paragraph, the State is to make special considerations for small and medium-sized enterprises.

The Minister of Health, Labour and Welfare is to endeavor to provide materials and otherwise undertake the necessary support in order to improve the credentials of safety managers, health managers, safety and health advocates, health advocates, industrial physicians, consultants, and other persons engaged in operations to prevent industrial injuries, and in order to get workers to think more about industrial injuries prevention..

In order to promote science and technology's contribution to the prevention of industrial injuries, the Government is to endeavor to advance research and development, to make the outcomes thereof widespread, and to take other necessary measures.

On finding it to be necessary to do so in order to assess the correlation between things such as chemical substances to which employees are exposed or the work, and the diseases of workers, the Minister of Health, Labour and Welfare may undertake an epidemiological survey or any other investigation (hereinafter in this Article referred to as an "epidemiological survey or other investigation").

The Minister of Health, Labour and Welfare may entrust a person that has expert knowledge concerning epidemiological surveys or other investigations with all or part of the affair involved in implementing an epidemiological survey or other investigation.

On finding it to be necessary to do in connection with the implementation of an epidemiological survey or other investigation, the Minister of Health, Labour and Welfare or a person entrusted under the provisions of the preceding paragraph may question the employer, the workers and other persons concerned, or request them to report on the necessary particulars or submit necessary documents.

The persons entrusted by the Minister of Health, Labour and Welfare pursuant to the provisions of paragraph (2) with engaging in affair for implementing epidemiological surveys and other investigations must not divulge any secretlearned in connection with the survey or investigation; provided, however, that this does not apply if they are compelled to disclose confidential information in order to prevent the impairment of workers' health.

In advancing measures to prevent industrial injuries, the State must be respectful of the position of local governments, coordinate closely with them, and seek their understanding and cooperation.

Conditions may be attached to a permission, license, designation, or registration (limited to registration under the provisions of paragraph (1) of Article 54-3 or paragraph (1) of Article 84; the same applies in the following paragraph) under the provisions of this Act, and they may be altered.

The conditions under the preceding paragraph are limited to those that are within the scope of what is minimally necessary for the reliable implementation of the thing to which the permission, license, designation, or registration pertains, and must not impose unjustifiable obligations on the person obtaining the permission, license, designation or registration.