Industrial Safety and Health Act

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An employer, pursuant to Order of the Ministry of Health, Labour and Welfare, must conduct the necessary work environment monitoring for indoor and other workspaces in which hazardous operations take place that are specified by Cabinet Order, and keep records of the results.

An employer is to undertake the work environment monitoring under the provisions of the preceding paragraph in accordance with the standards for work environment monitoring established by the Minister of Health, Labour and Welfare.

The Minister of Health, Labour and Welfare is to release the necessary guidelines for work environment monitoring to ensure the appropriate and effective implementation of work environment monitoring under the provisions of paragraph (1).

Having released guidelines for work environment monitoring as referred to in the preceding paragraph, and on finding it to be necessary to do so, the Minister of Health, Labour and Welfare may providethe necessary guidance on those guidelines for work environment monitoring to employers, work environment monitoring agencies, and associations thereof.

On finding it to be necessary to help maintain the health of workers by improving the work environment, the Director of the Prefectural Labour Bureau may, based on the opinion of a senior industrial health physician, instruct the employer to carry out work environment monitoring or take other necessary measures, pursuant to Order of the Ministry of Health, Labour and Welfare.

Based on an assessment of the results of work environment monitoring under the provisions of paragraph (1) or (5) of the preceding Article, on finding it to be necessary to do so in order to help maintain the health of workers, an employer must provide or streamline the necessary facilities or equipment, implement medical checkups, and take other appropriate measures, pursuant to Order of the Ministry of Health, Labour and Welfare.

In conducting an assessment as referred to in the preceding paragraph, an employer must follow the work environment assessment standards established by the Minister of Health, Labour and Welfare, pursuant to Order of the Ministry of Health, Labour and Welfare.

Having conducted an assessment of the results of work environment monitoring as under the provisions of the preceding paragraph, an employer must keep records of the results of that assessment pursuant to Order of the Ministry of Health, Labour and Welfare.

Beyond what is provided for in paragraph (1) of Article 65, when taking the measures referred to in Article 22 in a case specified by Order of the Ministry of Health, Labour and Welfare, an employer must conduct work environment monitoring pursuant to Order of the Ministry of Health, Labour and Welfare.

Beyond what is provided for in paragraph (1) of Article 65 and the preceding paragraph, when taking the measures referred to in paragraph (1) of the preceding Article in a case specified by Order of the Ministry of Health, Labour and Welfare, an employer must conduct work environment monitoring pursuant to Order of the Ministry of Health, Labour and Welfare.

In conducting the assessment under the provisions of paragraph (1) of Article 57-3, an employer is to conduct work environment monitoring as necessary.

Work environment monitoring under the provisions of the preceding three paragraphs must be conducted in accordance with the standards for work environment monitoring prescribed in paragraph (2) of Article 65.

An employer must endeavor to make considerations for the health of workers and properly manage their work.

An employer must not have a worker who engages in underwater operations or any operations that could cause the worker's health to be impaired and that are specified by Order of the Ministry of Health, Labour and Welfare, engage in those operations in violation of the standards concerning working hours specified by Order of the Ministry of Health, Labour and Welfare.

An employer, pursuant to Order of the Ministry of Health, Labour and Welfare, must have workers undergo medical checkups by a physician (excluding the medical checkups prescribed in the provisions of paragraph (1) of Article 66-10; hereinafter the same applies in this and the following Articles).

An employer, pursuant to Order of the Ministry of Health, Labour and Welfare, must implement medical checkups by a physician regarding customized test items for workers engaged in hazardous work operations specified by Cabinet Order. The same applies for workers that the employer has ever had engage in hazardous work operations specified by Cabinet Order and who it currently employs.

An employer, pursuant to Order of the Ministry of Health, Labour and Welfare, must implement medical checkups by a dentist for the workers engaged in the hazardous work operations specified by Cabinet Order.

On finding it to be necessary to do so in order to help maintain the health of workers, the Director of the Prefectural Labour Bureau may instruct employers on the basis of the opinions of a senior industrial health physician and pursuant to Order of the Ministry of Health, Labour and Welfare, to implement extra medical checkups or otherwise do as is necessary.

A worker must undergo a medical checkup that the employer implements pursuant to the provisions of the preceding paragraphs; provided, however, that this does not apply if a worker who does not desire to undergo the medical checkup by the physician or dentist designated by the employer undergoes a medical checkup by another physician or dentist that is equivalent to the medical checkup under these provisions, and submits a document to the employer certifying the results.

A worker engaged in work between 10 p.m. and 5 a.m. (or 11 p.m. to 6 a.m. for the area or period designated by the Minister of Health, Labour and Welfare as required; hereinafter referred to as "night work") whose frequency of night work and other particulars fall under the requirements provided for by Order of the Ministry of Health, Labour and Welfare in consideration of helping to maintain the health of workers engaged in night work, may submit to the employer a document certifying the results of a medical checkup that the worker has undergone at the worker's own initiative (this excludes a medical checkup as referred to in the proviso of paragraph (5) of the preceding Article), pursuant to Order of the Ministry of Health, Labour and Welfare.

An employer, pursuant to Order of the Ministry of Health, Labour and Welfare, must record the results of medical checkups under the provisions of paragraphs (1) through (4) and the proviso in paragraph (5) of Article 66, and the preceding Article.

An employer, pursuant to Order of the Ministry of Health, Labour and Welfare, must hear the opinions of a physician or dentist on the necessary measures to help maintain the health of workers based on the results of medical checkups under the provisions of paragraphs (1) through (4) of Article 66, proviso in paragraph (5) and Article 66-2 (limited to results regarding workers who have been diagnosed as showing abnormalities in the findings for the items in the medical checkups ).

On finding that it is necessary to do so in light of the opinion of a physician or dentist under the provisions of the preceding Article, an employer must take measures including changing the location of work, changing the work content, shortening the working hours, or reducing the frequency of night work, in accordance with the actual circumstances of the worker concerned, along with conducting appropriate measures including work environment monitoring, providing or streamlining facilities or equipment, reporting the opinions of the physician or dentist to the Health Committee or the Safety and Health Committee, or the Committee for the Improvement of Establishing Working Hours, etc. (meaning the Committee for the Improvement of Establishing Working Hours, etc. provided for in Article 7 of the Act on Special Measures Concerning the Improvement of Establishing Working Hours, etc. (Act No. 90 of 2002); the same applies hereinafter).

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 required to take pursuant to the provisions of the preceding paragraph.

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.

An employer, pursuant to Order of the Ministry of Health, Labour and Welfare, must notify a worker who has undergone a medical checkup that the employer has implemented pursuant to the provisions of paragraphs (1) through (4) of Article 66 of the results of the medical checkup.

An employer must endeavor to provide health guidance by a physician or health nurse for workers who are found to be in particular need of efforts to help maintain their health as a result of a medical checkup under the provisions of paragraph (1) of Article 66 or a medical checkup under the proviso of paragraph (5) of that Article in connection therewith, or as a result of a medical checkup under the provisions of Article 66-2.

A worker is to endeavor to maintain their health by making use of the results of the medical checkup of which they have been notified pursuant to the provisions of the preceding Article and by making use of health guidance under to the provisions of the preceding paragraph.

An employer, pursuant to Order of the Ministry of Health, Labour and Welfare, must have a worker whose working hours or other conditions fall under one of the requirements specified by Order of the Ministry of Health, Labour and Welfare in consideration of helping to maintain workers' health (excluding those prescribed in paragraph (1) of the following Article and in paragraph (1) of Article 66-8-4) undergo face-to-face guidance (meaning the undertaking of the necessary guidance in a face-to-face setting, in accordance with a person's physical and mental condition as assessed through a medical interview or other means; the same applies hereinafter) by a physician.

A worker must undergo the face-to-face guidance provided by the employer pursuant to the provisions of the preceding paragraphs; provided, however, that this does not apply if a worker who does not desire to undergo the face-to-face guidance by the physician designated by the employer undergoes face-to-face guidance by another physician that is equivalent to the face-to-face guidance under the provisions of that paragraph and submits a document to the employer certifying the results.

An employer, pursuant to Order of the Ministry of Health, Labour and Welfare, must record the results of the face-to-face guidance under the provisions of paragraph (1) and the proviso of the preceding paragraph.

An employer, based on the results of the face-to-face guidance provided for in paragraph (1) or the proviso of paragraph (1) or the proviso paragraph (2), must hear the opinions of a physician regarding necessary measures to help maintain the health of the worker pursuant to Order of the Ministry of Health, Labour and Welfare.

On finding that it is necessary to do so in light of the opinion of a physician under the provisions of the preceding paragraph, the employer must take measures including changing the location of work, changing the work content, shortening the working hours, reducing the frequency of night work in accordance with the actual circumstances of the worker concerned, along with conducting appropriate measures including reporting the opinion of the physician to the Health Committee, Safety and Health Committee or Committee for the Improvement of Establishing Working Hours, etc..