Industrial Safety and Health Act

When persons engaged in work (limited to workers and to persons engaged in work, other than workers, who are engaged in work on a job at the same site as workers) associated with two or more employers or individual business operators (meaning persons conducting a business who do not employ workers; the same applies hereinafter) who are carrying out jobs involved in business undertakings categorized as the construction industry are doing work at one site involving machinery which is specified by Order of the Ministry of Health, Labour and Welfare (hereinafter referred to as "specified work" in this Article), an original orderer that directly carries out a job associated with the specified work or a person that has been contracted for all of that job, that contracts out a part of the job at that site must take the necessary measures to prevent industrial injuries among all of the workers engaged in the specified work at that site pursuant to Order of the Ministry of Health, Labour and Welfare.

In a case as referred to in the preceding paragraph, if there is no person that, pursuant to the provisions of that paragraph, is required to take the measures prescribed in that paragraph, the principal employer with a business undertaking categorized as the construction industry that has contracted out all of the jobs associated with specified operation at that site to contractors or the employer specified pursuant to the provisions of paragraph (2) or (3) of Article 30 that is carrying out an undertaking categorized as the construction industry must give the necessary consideration for preventing industrial accidents among all of the workers who are engaged in the specified operation at the site, such as nominating a person to carry out the measures designated in the preceding paragraph.

An orderer must not give its contractor (including the parties to all contracts for work subsequent to the one with that contractor, if a job is carried out based on multiple levels of contracts) an instruction in connection with the relevant job that would result in a violation of the provisions of this Act or an order issued under this Act if the persons engaged in work associated with that contractor did work in accordance with the instruction.

In a case as referred to in paragraph (1) or (4) of Article 30, a contractor that does not constitute an employer obliged to take the measures provided for in paragraph (1) of that Article, and that directly carries out the relevant job must take the necessary measures based on the measures that are taken pursuant to those provisions.

In a case as referred to in paragraph (1) or (4) of Article 30-2, a contractor that does not constitute an employer obliged to take measures provided for in paragraph (1) of that Article, and that directly carries out the job must take the necessary measures, based on the measures that are taken pursuant to those provisions.

In a case as referred to in paragraph (1) or (4) of Article 30-3, a contractor that does not constitute an employer obliged to take measures in each item of paragraph (1) of Article 25-2, and that directly carries out the job must take the necessary measures, based on the measures that are taken pursuant to the provisions of paragraph (1) or (4) of Article 30-3.

In a case as referred to in paragraph (1) of Article 30-4, a contractor of the work 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, a contractor associated with the persons engaged in 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 paragraph.

In a case as referred to in Article 31-2, a contractor involved in a job as provided for in that Article must take the necessary measures, based on the measures taken pursuant to the provisions of that Article.

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 30-4, paragraph (1) of Article 31, or Article 31-2, persons engaged in work must observe the necessary rules in accordance with the measures taken pursuant to these provisions or the provisions of each of the preceding paragraphs.

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).

A person that leases out the machinery or other such equipment that is specified by Cabinet Order to a person conducting a business, and that is specified by Order of the Ministry of Health, Labour and Welfare (hereinafter referred to as a "lessor of machinery or other such equipment") must take the necessary measures to prevent industrial injuries due to leased machinery or other such equipment at the workplace of the person conducting a business that rents that machinery or other such equipment.

A person that rents machinery or other such equipment from a lessor of machinery or other such equipment must take the necessary measures to prevent industrial injuries due to the operation of the machinery or other such equipment, if the operator of the machinery or other such equipment is not a worker employed thereby.

A worker that operates machinery or other such equipment as referred to in the preceding paragraph must observe the necessary rules in accordance with the measures that the person renting the machinery or other such equipment takes pursuant to the provisions of that paragraph.

A person that leases out a building that is as specified by Cabinet Order to persons conducting a business (hereinafter referred to as a "building lessor") must take the necessary measures to prevent industrial injuries due to the leased building in relation to the business of the persons renting it; provided, however, that this does not apply if all of the building is leased out to one employer or individual business operator, or if it is leased out only to two or more individual business operators.

A person seeking to forward a piece of cargo which weighs one ton or more must label the cargo with its weight in a way that is easy to see and not easily erasable; provided, however, that this does not apply if a person is forwarding unpackaged cargo the weight of which is clear at a glance.

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 (6) 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 (7) 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.