Industrial Safety and Health Act

The provisions of paragraphs (2) and (3) of Article 75-2, and of Article 75-3 through Article 75-12 apply mutatis mutandis to exam administration of the designated consultant examination boards and administration of consultant exams provided for in the preceding Article. In such a case, the phrase "the Director of the Prefectural Labour Bureau" in paragraph (3) of Article 75-2 and Article 75-12 is deemed to be replaced with "the Minister of Health, Labour and Welfare"; "paragraph (1)" in paragraph (3) of Article 75-2 read as "Article 83-2"; "the exam administration rules provided for in paragraph (1) of Article 75-6" in paragraph (2) of Article 75-4 as "the procedure rules concerning the administration of consultant exams"; " decisions as to whether persons have the necessary knowledge and capability to be licensed" in paragraph (1) of Article 75-5 as "formulating and marking examination questions for industrial safety consultant examinations and industrial health consultant examinations"; "licensing examiner" in that Article and Article 75-8 as the "consultant examiner"; "the exam administration rules provided for in paragraph (1) of the following Article" in paragraph (4) of Article 75-5 as "the procedure rules concerning the administration of consultant exams"; "exam administration (hereinafter in this Article and Article 75-11, paragraph (2), item (iv) referred to as the 'exam administration rules')" in paragraph (1) of Article 75-6 as the "procedure rules"; "the exam administration rules" in paragraphs (2) and (3) of that Article and item (iv) of paragraph (2) of Article 75-11 as "the procedure rules relating to the administration of consultant exams".

A person who has passed the industrial safety consultant examination or the industrial health consultant examination may become an industrial safety consultant or an industrial health consultant, by having their full name, the location of their office, and other information specified by Order of the Ministry of Health, Labour and Welfare entered in the industrial safety consultant registry or the industrial health consultant registry prepared in the Ministry of Health, Labour and Welfare.

A person falling under any of the following items may not be registered as referred to in the preceding paragraph:

a person specified by Order of the Ministry of Health, Labour and Welfare as one who is unable to properly perform the services of an industrial safety consultant or an industrial health consultant due to a mental or physical disorder;

a person that has been sentenced to a fine or heavier punishment for violating the provisions of this Act or an order under this Act, 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;

a person that has been sentenced to imprisonment or a heavier punishment for violating the provisions of a law or regulation other than this Act or an order under this Act, 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;

a person whose registration has been rescinded pursuant to the provisions of paragraph (2) of the following Article, if two years have not passed since the date of the rescission.

If an industrial safety consultant or an industrial health consultant (hereinafter referred to as a "consultant") has come to fall under any of items (i) through (iii) of paragraph (2) of the preceding Article, the Minister of Health, Labour and Welfare must revoke the registration thereof.

If a consultant violates the provisions of Article 86, the Minister of Health, Labour and Welfare may rescind its registration.

The Minister of Health, Labour and Welfare may have a person that the Minister of Health, Labour and Welfare designates (hereinafter referred to as a "designated registration institution") undertake the administrative functions involved in implementing the registration of consultants (other than administrative functions involved in rescinding registrations as under the provisions of the preceding Article; hereinafter referred to as "registration functions").

To apply the provisions of Article 84, paragraph (1) when a designated registration institution carries out registration functions, the phrase "in the Ministry of Health, Labour and Welfare" in that paragraph is deemed to be replaced with "in the designated registration institution".

The provisions of paragraph (2) and (3) of Article 75-2, Article 75-3, Article 75-4 and Articles 75-6 through 75-12 apply mutatis mutandis to the designated registration institution and the registration functions under the provisions of paragraph (1) of the preceding Article. In such a case, the phrase "the Director of the Prefectural Labour Bureau in paragraph (3) of Article 75-2 and Article 75-12 is deemed to be replaced with "the Minister of Health, Labour and Welfare"; "paragraph (1)" in paragraph (3) of Article 75-2 is deemed to be replaced with "paragraph (1) of Article 85-2"; "the exam administration rules provided for in paragraph (1) of Article 75-6" in paragraph (2) of Article 75-4 is deemed to be replaced with "the procedure rules concerning the implementation of registration functions"; "rules (hereinafter in this Article and 75-11, paragraph (2), item (iv) referred to as the ' exam administration rules')" in paragraph (1) of Article 75-6 is deemed to be replaced with "procedure rules"; "the exam administration rules" in paragraph (2) and (3) of that Article and item (iv) of paragraph (2) of Article 75-11 is deemed to be replaced with "the procedure rules relating to the implementation of registration functions"; "an employee (including a licensing examiner)" in Article 75-8 is deemed to be replaced with "an employee"; "all or part of exam administration" in Article 75-10 is deemed to be replaced with "registration functions"; "all or part of exam administration" in paragraph (2) of Article 75-11 and Article 75-12 is deemed to be replaced with "registration functions".

A consultant must not engage in conduct that could ruin a consultant's credibility or bring disgrace to consultants as a whole.

A consultant must not divulge or misappropriate any secret acquired in connection with the business. The same applies after the person has ceased to be a consultant.

A general incorporated association using the term "Japan Association of Safety and Health Consultants" in its title may be established, but only if it has provisions in its articles of incorporation which define consultants as its members, and it aims to undertake affairs involved in guidance of and liaison among consultants on a nationwide basis in order to contribute to the maintenance of the integrity of consultants and the progress and improvement of their services.

The provisions of the articles of incorporation that the preceding paragraph prescribes may not be changed.

A general incorporated association as referred to in paragraph (1) (hereinafter referred to as "the Association of Consultants") must file a notification with the Minister of Health, Labour and Welfare of its establishment, attaching copies of the certificate of registered information and articles of incorporation within two weeks from the date of its establishment.

The services of the Association of Consultants are under the supervision of the Minister of Health, Labour and Welfare.

Whenever the Minister of Health, Labour and Welfare finds that it is necessary to do so in order to ensure the appropriate implementation of the services of the Association of Consultants, the minister may investigate those services and the financial status of the Association of Consultants, or issue the necessary orders to the Association of Consultants for the supervision of those services.

It is not permissible for a person other than the Association of Consultants use in its title the term "Japan Association of Safety and Health Consultants".