Industrial Safety and Health Act

An employer that directly carries out a job and that manages the place where that job is carried out (hereinafter referred to as a "work site managing employer" in this paragraph and paragraphs (4) and (8) of Article 32), in a case where persons engaged in work who are its workers (including, where there are persons engaged in work other than workers who are involved with that work site managing employer in addition to the persons engaged in work who are its workers, those persons) and persons engaged in work who are involved with its contractors (including, if the job is carried out based on multiple levels of contracts, the contractors that are parties to all contracts for work subsequent to the contract for work of that contractor) carry out work at a single site that it manages, and any of those persons engaged in work carries out work involved in operations specified by Order of the Ministry of Health, Labour and Welfare in consideration of things such as the potential for danger or harm, must take measures concerning liaising and coordinating between related work and other necessary measures in order to prevent industrial injuries arising from that work being carried out.

The provisions of the preceding paragraph do not apply if only a single job is carried out at the relevant site and the measures prescribed in paragraph (1) of Article 30 or paragraph (1) of Article 30-2 are to be taken with regard to all of the persons engaged in work involved in that job.

In a case as referred to in paragraph (1) of Article 3130-4, a contractor associated withof the persons engaged in work who are using the relevant construction, equipment, or raw materialwork site managing employer that directly carries out a job at the relevant site must take the necessary measures, based on the measures that are taken pursuant to the provisions of that paragraph.

In a case as referred to in paragraph (1) of Article 31-231, a contractor involved associated with the persons engaged in a job as provided for in this Article work who are using the relevant construction, equipment, or raw material must take the necessary measures, based on the measures that are taken pursuant to the provisions of that Articleparagraph.

In a case as referred to in paragraph (1) or (4) of Article 30, paragraph (1) or (4) of Article 30-2, paragraph (1) or (4) of Article 30-3, paragraph (1) of Article 31, or31-2, a contractor involved in a job as provided for in that Article 31-2, persons engaged in work must observetake the necessary rules in accordance withmeasures, based on the measures taken pursuant to these provisions or the provisions of each of the preceding paragraphsthat Article.

A contractor In a case as referred to in paragraphsparagraph (1) through (5) and a person engaged in work as referred to in the preceding paragraph must follow the instructions given by the specified principal employer, etc. referred to in or (4) of Article 30, paragraph (1) of Article 30, the principal employer, etc. referred to in or (4) of Article 30-2, paragraph (1) of Article 30-2 or paragraph (1(4) of Article 30-3, the orderer referred to inparagraph (1) of Article 30-4, paragraph (1) of Article 31, or Article 31-2, or the contractor referred topersons engaged in paragraphs (1) through (5), for ensuringwork must observe the implementation of the measures undernecessary rules in accordance with the provisions of paragraph (1) or (4) of Article 30, paragraph (1)measures taken pursuant to these provisions or (4) of Article 30-2, paragraph (1) or (4)the provisions of Article 30-3, paragraph (1)each of Article 31, Article 31-2, orthe preceding paragraphs (1) through (5).

A contractor as referred to in paragraphs (1) through (6) and a person engaged in work as referred to in the preceding paragraph must follow the instructions given by the specified principal employer, etc. referred to in paragraph (1) of Article 30, the principal employer, etc. referred to in paragraph (1) of Article 30-2 or paragraph (1) of Article 30-3, the work site managing employer referred to in paragraph (1) of Article 30-4, the orderer referred to in paragraph (1) of Article 31 or Article 31-2, or the contractor referred to in paragraphs (1) through (6), for ensuring the implementation of the measures under the provisions of paragraph (1) or (4) of Article 30, paragraph (1) or (4) of Article 30-2, paragraph (1) or (4) of Article 30-3, paragraph (1) of Article 30-4, paragraph (1) of Article 31, Article 31-2, or paragraphs (1) through (6).

The measures to be taken pursuant to the provisions of paragraph (1) or (4) of Article 30, paragraph (1) or (4) of Article 30-2, paragraph (1) or (4) of Article 30-3, paragraph (1) of Article 30-4, paragraph (1) of Article 31, Article 31-2, paragraphs (1) through (56) of Article 32, paragraph (1) or (2) of Article 33, or Article 34, by the parties mentioned in these provisions, and the matters to be observed pursuant to the provisions of paragraph (67) of Article 32 or paragraph (3) of Article 33 by the parties mentioned in these provisions are prescribed by Order of the Ministry of Health, Labour and Welfare.

An employer must not have workers use the machinery or other such equipment referred to in the preceding paragraph unless it fulfills the standards or safety device equipment requirements referred to in that paragraph.

A person engaged in work who is an employer (limited to one that employs the number of workers specified by Order of the Ministry of Health, Labour and Welfare or less) or an individual business operator (or, if such a person is a corporation, its representative or officer) (hereinafter referred to as an "officer, etc. engaged in work") must not, if personally using the machinery or other such equipment referred to in paragraph (1) to carry out work for a job at the same site as workers, use that machinery or other such equipment unless it fulfills the standards or safety device equipment requirements referred to in that paragraph.

If a person that has manufactured or imported machinery or other such equipment as referred to in inparagraph (1) of Article 42 has transferred or leased out machinery or other such equipment so manufactured or imported that falls under one of the following items, the Minister of Health, Labour and Welfare or the Director of the Prefectural Labour Bureau may order that person to recall or improve the machinery or other such equipment, to provide the information specified by Order of the Ministry of Health, Labour and Welfare to persons using that machinery or other such equipment, or to otherwise take necessary measures to prevent an industrial injury due to the machinery's or other such equipment's being used:

machinery or other such equipment that has passed a type examination provided for in paragraph (3) of Article 44-2 but that does not conform to the standards or safety device equipment requirements specified by the Minister of Health, Labour and Welfare which are referred to in paragraph (1) of Article 42 (referred to as "standards or safety device equipment requirements" in item (iv) and in item (xiv) of Appended Table 4);

Pursuant to Order of the Ministry of Health, Labour and Welfare, a person that manufactures or imports machinery or other such equipment as referred to in paragraph (1) of Article 42 (excluding machinery or other such equipment prescribed in paragraph (1) of the following Article) which is set forth in Appended Table 3 and specified by Cabinet Order must subject itself to examinations for that machinery or other such equipment that an agency registered by the Minister of Health, Labour and Welfare (hereinafter referred to as a "registered agency for individual examinations") undertakes on an individual basis.

Pursuant to Order of the Ministry of Health, Labour and Welfare, a person that has manufactured or imported machinery or other such equipment as referred to in paragraph (1) of Article 42 which is set forth in Appended Table 4 and specified by Cabinet Order must undergo an examination regarding that machinery's or other equipment's type that a person registered by the Minister of Health, Labour and Welfare (hereinafter referred to as a "registered agency for type examinations") undertakes; provided, however, that this does not apply to any such machinery or other such equipment that has been imported and for which an examination as referred to in the following paragraph has been undertaken.

If undertaking any inspection under the provisions of the preceding paragraph for machinery or other such equipment specified by Cabinet Order as referred to in that paragraph, that is specified by Order of an officer, etc. engaged in work involved with an individual business operator carries out work for a job at the same site as workers, the Ministry of Health, Labour and Welfare (hereinafter referredindividual business operator, pursuant to as a "specified inspection"), an employer that constitutes a person with the qualifications specified by Order of the Ministry of Health, Labour and Welfare (or, if the employer is a corporation, its representative or officer that constitutes such a person) , must implement this itself, or the employer must have this implemented by a worker it employs who constitutes a person withconduct inspections periodically and keep the qualifications specified by that Orderrecords of the Ministry of Health, Labour and Welfare or by a person registered as prescribed in Article 54-3, paragraph (1) to carry out specified inspections ofresults on the relevant machinery or other such equipment at the request of other persons (hereinafter referred to as a "registered inspection agency")in the preceding paragraph.

Specified inspections must be Inspections under the preceding two paragraphs that are conducted on machinery or other such equipment referred to in accordance with the standardsparagraph (1) that is specified by Cabinet Order, and that are specified by Order of the MinisterMinistry of Health, Labour and Welfare. (hereinafter referred to as a "specified inspection"), must be conducted by the method specified in each of the following items for the category of person conducting the specified inspection set forth in that item:

an employer: the method in which a person engaged in work who is the employer (or, if the employer is a corporation, its representative or officer) and who has the qualifications specified by Order of the Ministry of Health, Labour and Welfare conducts the inspection personally, or has it implemented by a worker the employer employs who constitutes a person with the qualifications specified by that Order of the Ministry of Health, Labour and Welfare or by a person registered as prescribed in Article 54-3, paragraph (1) to carry out specified inspections of machinery or other such equipment at the request of other persons (hereinafter referred to as a "registered inspection agency");

an individual business operator: the method in which an officer, etc. engaged in work involved with the individual business operator who has the qualifications specified by Order of the Ministry of Health, Labour and Welfare conducts the inspection personally, or has it implemented by a registered inspection agency.

The Minister of Health, Labour and WelfareSpecified inspections must release the necessary guidelines for inspections to ensurebe conducted in accordance with the appropriate and effective implementation of inspections understandards specified by the provisionsMinister of paragraph (1) (excluding specified inspections)Health, Labour and Welfare.

Having released guidelines for inspections as referred to inThe Minister of Health, Labour and Welfare must release the preceding paragraph, and on finding that it is necessarynecessary guidelines for inspections to do so,ensure the Minister of Health, Labour and Welfare may provideappropriate and effective implementation of inspections under the necessary guidance on those guidelines forprovisions of paragraph (1) (excluding specified inspections to employers, registered inspection agencies, and associations thereof).

Having released guidelines for inspections 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 for inspections to persons conducting a business, registered inspection agencies, and associations thereof.

a person sentenced to a fine or heavier punishment for violating the provisions of paragraphparagraphs (1) or (2through (3) of Article 45 or an order under those provisions or for violating an order under the provisions of paragraph (2) of Article 54-7, if two years have not passed since the day on which the person finished serving the sentence or ceased to be subject to its enforcement;

In the case referred to in the preceding paragraph, a registered inspection agency must conduct specified inspections in accordance with the standards referred to in paragraph (34) of Article 45.

When engaging in the operations referred to in the preceding paragraph at the same site as workers, an officer, etc. engaged in work must receive the education prescribed in that paragraph.

Beyond what is provided for in the preceding two Articles (excluding paragraph (4) of Article 59), an employer must endeavor to educate personsworkers currently engaged in dangerous or hazardous work operations in safety or health as it relates to the operations in which they are engaged, in order to improve the level of safety and health at the workplace.

The Minister of Health, Labour and Welfare When engaging in dangerous or hazardous work operations at the same site as workers, an officer, etc. engaged in work must endeavor, beyond what is provided for in paragraph (4) of Article 59, to release the necessary guidelines receive education in safety or health in order to ensureimprove the appropriate and effective implementation of level of safety and health at the education referred to in the preceding paragraphplace where that work is carried out.

The Minister of Health, Labour and Welfare may provide is to release the necessary guidanceguidelines to employers and associations thereof in accordance withensure the appropriate and effective implementation of the guidelineseducation referred to in the preceding paragraphtwo paragraphs.

The Minister of Health, Labour and Welfare may provide the necessary guidance to persons conducting a business and associations thereof in accordance with the guidelines referred to in the preceding paragraph.

when a person has violated the provisions of Article 14, Article 20 through Article 25, paragraph (1) of Article 25-2, paragraph (1) or (4) of Article 30-3, paragraph (1) of Article 31, Article 31-2, paragraph (1) or (2) of Article 33, Article 34, Article 35, paragraph (1) of Article 38, paragraph (1) of Article 40, Article 42, Article 43, paragraph (6) of Article 44, paragraph (7) of Article 44-2, paragraph (3) or (4) of Article 56, paragraph (5) of Article 57-4, paragraph (5) of Article 57-5, paragraph (3) or (4) of Article 59, paragraph (1) of Article 61, paragraph (1) of Article 65, paragraph (1) of Article 65-3, Article 65-5, Article 68, paragraph (5) of Article 89 (including as applied mutatis mutandis pursuant to paragraph (2) of Article 89-2), paragraph (2) or (3) of Article 97, Article 105, or paragraph (4) of Article 108-2;

when a person has violated the provisions of paragraph (1) of Article 10, paragraph (1) of Article 11, paragraph (1) of Article 12, paragraph (1) of Article 13, paragraph (1), (3) or (4) of Article 15, paragraph (1) of Article 15-2, paragraph (1) of Article 16, paragraph (1) of Article 17, paragraph (1) of Article 18, paragraph (2) of Article 25-2 (including as applied mutatis mutandis pursuant to paragraph (5) of Article 30-3), Article 26, paragraph (1) or (4) of Article 30, paragraph (1) or (4) of Article 30-2, paragraph (1) of Article 30-4, paragraph (1) through paragraph (67) of Article 32, paragraph (3) of Article 33, paragraph (2) of Article 40, paragraph (5) of Article 44, paragraph (6) of Article 44-2, paragraphparagraphs (1) or (2through (3) of Article 45, paragraph (4) of Article 57-2, paragraph (1) of Article 57-4, paragraph (1) of Article 59 (including as applied mutatis mutandis pursuant to paragraph (2) of that Article), paragraph (2) of Article 61, paragraphs (1) through (3) of Article 66, Article 66-3, Article 66-6, paragraph (1) of Article 66-8-2, paragraph (1) of Article 66-8-4, paragraph (6) of Article 87, paragraphs (1) through (4) of Article 88, paragraph (1) of Article 101 or paragraph (1) or (4) of Article 103;