Industrial Safety and Health Act

It is not permissible to request the administrative review of a disposition regarding the results of an inspection as referred to in Article 38, or regarding the results of an examination, performance inspection, individual examination, or type examination.

A request for administrative review may be made to the Minister of Health, Labour and Welfare with respect to a disposition or inaction involving exam administration undertaken by the designated examination board, a disposition or inaction involving the administration of consultant exams undertaken by a designated consultant examination board, or a disposition or inaction involving the registration functions undertaken by a designated registration institution. In such a case, the Minister of Health, Labour and Welfare is deemed to be the higher administrative agency of the designated examination board, designated consultant examination board, or designated registration institution with respect to the application of the provisions of paragraphs (2) and (3) of Article 25, paragraphs (1) and (2) of Article 46, Article 47, paragraph (3) of Article 49 of the Administrative Complaint Review Act (Act No. 68 of 2014).

The following persons, pursuant to Cabinet Order, must pay fees to the State (or to a designated examination board, for a person seeking to take a licensing examination conducted by the designated examination board; to the designated consultant examination board, for a person seeking to take an industrial safety consultant examination or an industrial health consultant examination conducted by a designated consultant examination board; or to a designated registration institution, for a person seeking to be registered by a designated registration institution):

a person seeking a license;

a person seeking to renew a registration under Article 14, paragraph (1) of Article 61 or paragraph (3) of Article 75;

a person seeking to take a skill training course (excluding one given by a registered training institution);

a person seeking the permission under paragraph (1) of Article 37;

a person seeking to undergo an inspection (excluding inspections conducted by the registered agency for design reviews and post-manufacturing inspections) as referred to in Article 38;

a person seeking registration or the renewal of a registration as referred to in paragraph (3) of Article 37, paragraph (2) of Article 41, paragraph (1) of Article 44 or paragraph (1) of Article 44-2;

a person seeking reissuance or renewal of an inspection certificate (excluding reissuance or renewal conducted by a registered agency for design reviews and post-manufacturing inspections);

a person seeking to undergo a performance inspection (excluding one carried out by a registered agency for performance inspections);

a person seeking to undergo an individual examination (excluding one conducted by a registered agency for individual examinations);

a person seeking to undergo a type examination (excluding one conducted by a registered agency for type examinations);

a person seeking the permission referred to in paragraph (1) of Article 56;

a person seeking the reissuance or renewal of a license document under paragraph (1) of Article 72;

a person seeking the renewal of the valid term of a license document;

a person seeking to take a licensing examination;

a person seeking to take the industrial safety consultant examination or the industrial health consultant examination;

a person seeking the registration referred to in paragraph (1) of Article 84.

The fees paid to the designated examination board, designated consultant examination board, or designated registration institution pursuant to the provisions of the preceding paragraph are, respectively, the revenue of the designated examination board, designated consultant examination board, or designated registration institution.

In the following cases, the Minister of Health, Labour and Welfare, pursuant to Order of the Ministry of Health, Labour and Welfare, must make a public announcement indicating that such is the case:

when the minister has effected a registration under the provisions of paragraph (3) of Article 37, paragraph (2) of Article 41, paragraph (1) of Article 44, or paragraph (1) of Article 44-2;

if a type examination certificate has been invalidated pursuant to the provisions of Article 44-4;

when a notification as under Article 47-2 or Article 49 has been filed (including as applied mutatis mutandis pursuant to Article 53-3 through Article 54-2);

if the minister has revoked a registration pursuant to the provisions of paragraph (1) of Article 53 (including as applied mutatis mutandis pursuant to Article 53-3 through Article 54-2), or ordered the suspension of all or part of the operations for design reviews or post-manufacturing inspections, performance inspections, individual examinations, or type examinations;

if the minister has revoked a registration pursuant to the provisions of paragraph (2) of Article 53 (including as applied mutatis mutandis pursuant to Articles 53-3 through 54-2);

if the Director of the Prefectural Labour Bureau, the Chief of the Labour Standard Inspection Offices, or the Minister of Health, Labour and Welfare has decided to directly carry out all or part of the operations for design reviews or post-manufacturing inspections, performance inspections, individual examinations, type examinations, or skill training courses pursuant to the provisions of Article 53-2 (including as applied mutatis mutandis pursuant to Article 53-3 through Article 54-2 and paragraph (3) of Article 77); or the Director of the Prefectural Labour Bureau, the Chief of the Labour Standard Inspection Offices, or the Minister of Health, Labour and Welfare has decided to no longer carry out all or part of the operations for design reviews or post-manufacturing inspections, performance inspections, individual examinations, type examinations, or skill training courses that the director, chief, or minister has been directly carrying out;

when the minister has made a designation under the provisions of paragraph (1) of Article 75-2, Article 83-2 or paragraph (1) of Article 85-2;

when the minister has given permission as referred to in Article 75-10 (including as is applied mutatis mutandis pursuant to Article 83-3 and Article 85-3);

if the minister has effected a cancellation under paragraph (1) of Article 75-11 (including as applied mutatis mutandis pursuant to Article 83-3 and Article 85-3);

if the minister has revoked a designation or ordered a total or partial suspension of exam administration, administration of consultant exams, or registration functions pursuant to paragraph (2) of Article 75-11 (including as applied mutatis mutandis pursuant to Article 83-3 and Article 85-3);

if the Director of the Prefectural Labour Bureau or the Minister of Health, Labour and Welfare has decided to directly carry out all or part of exam administration, administration of consultant exams, or registration functions pursuant to the provisions of paragraph (1) of Article 75-12 (including as applied mutatis mutandis pursuant to Article 83-3 and Article 85-3; hereinafter the same applies in this item); or the Director of the Prefectural Labour Bureau or the Minister of Health, Labour and Welfare has decided to suspend the direct involvement in carrying out all or part of the exam administration, administration of consultant exams, or registration functions pursuant to those provisions.

In the following cases, the Director of the Prefectural Labour Bureau, pursuant to Order of the Ministry of Health, Labour and Welfare, must give public notice that such is the case:

the director has effected a registration under the provisions of Article 14, paragraph (1) of Article 61 or paragraph (3) of Article 75;

a notification under Article 47-2 or Article 49 as applied mutatis mutandis pursuant to paragraph (3) of Article 77 has been filed;

the director has revoked a registration or ordered the suspension of all or part of skill training course or practical training operations pursuant to the provisions of paragraph (1) of Article 53 as applied mutatis mutandis pursuant to paragraph (3) of Article 77.

When an order is enacted, amended, or repealed pursuant to the provisions of this Act, necessary transitional measures (including transitional measures concerning penal provisions) may be prescribed by that order within the scope judged to be reasonably necessary in connection with the enactment, amendment, or repeal.

With regard to the maintenance of safety in mines (including healthy ventilation and rescue and protection at the time of a disaster; hereinafter the same applies in paragraph (1) of the following Article) under the provisions of paragraphs (2) and (4) of Article 2 of the Mine Safety Act (Act No. 70 of 1949), "the Minister of Health, Labour and Welfare" and "the Labor Policy Council" in Chapter II are deemed to be replaced with "the Minister of Economy, Trade and Industry" and "the Central Mine Safety Council", respectively.

With regard to mines under the provisions of paragraphs (2) and (4) of Article 2 of the Mine Safety Act, the term "general safety and health manager" in Chapter III of that Act is deemed to be replaced with "general health manager" and the term "safety and health advocate" is deemed to be replaced with "health advocate".

This Act (excluding the provisions of Chapter II) does not apply in respect of the maintenance of safety in mine under the provisions of paragraphs (2) and (4) of Article 2 of the Mine Safety Act.

This Act does not apply to mariners covered by the Mariners Act (Act No. 100 of 1947).

Beyond what is provided for in this Act, Order of the Ministry of Health, Labour and Welfare prescribes the necessary particulars in connection with the implementation of the provisions of this Act.