Industrial Safety and Health Act

A licensing authority undertakes the licensing referred to in paragraph (1) of Article 12, Article 14 or paragraph (1) of Article 61 (hereinafter referred to as granting a "license") by issuing a license document to a person that has passed the licensing examination provided for in paragraph (1) of Article 75 or to a person with the qualifications prescribed by Order of the Ministry of Health, Labour and Welfare.

A licensing authority does not grant a license to a person falling under any of the following items:

a person whose license has been revoked pursuant to the provisions of paragraph (2) of Article 74 (excluding item (iii)) if one year has not passed since the date of the revocation;

a person specified by Order of the Ministry of Health, Labour and Welfare for that kind of license, beyond one set forth in the preceding item.

It is possible that a licensing authority will not grant a license as referred to in paragraph (1) of Article 61 to any person specified by Order of the Ministry of Health, Labour and Welfare as one that is unable to appropriately carry out the work to which the license pertains due to a mental disorder or physical disability.

Before deciding not to grant the license prescribed in paragraph (1) of Article 61 pursuant to the provisions of the preceding paragraph, the Director of the Prefectural Labour Bureau must notify the applicant of this in advance, and if so requested, must have an official that the Director of the Prefectural Labour Bureau designates hear the opinion of the applicant.

A licensing authority may set a valid period for a license.

When a person has applied to renew the valid period of a license, the Director of the Prefectural Labour Bureau must not renew the valid period of the license unless the licensee meets the qualifications specified by Order of the Ministry of Health, Labour and Welfare.

If a person that has been licensed has come to fall under item (ii) of paragraph (2) of Article 72, the Director of the Prefectural Labour Bureau must revoke that person's license.

If a person that has been licensed has come to fall under one of the following items, the Director of the Prefectural Labour Bureau may revoke that person's license, or may suspend it for a fixed period (not exceeding six months in case falling under item (i), (ii), (iv) or (v)):

the person has caused a serious accident involving operations related to the license, intentionally or through gross negligence;

the person has violated the provisions of this Act or an order under this Act in respect of operations related to the license;

the license is as referred to in paragraph (1) of Article 61, and the person becomes a person as specified by Order of the Ministry of Health, Labour and Welfare provided for in paragraph (3) of Article 72;

the person has violated the conditions referred to in paragraph (1) of Article 110;

when specified by Order of the Ministry of Health, Labour and Welfare for the relevant type of license, other than in a case as set forth in the preceding items.

Even a person that falls under item (iii) of the preceding paragraph whose license has been revoked pursuant to the provisions of that paragraph may be granted a license again if the thing that was the reason for the revocation has ceased to apply to the person or if it has come to be found that granting that person a license again is appropriate in consideration of other subsequent circumstances.

Beyond what is provided for in the preceding three Articles, Order of the Ministry of Health, Labour and Welfare prescribes the procedures for the issuance of license documents and other necessary particulars in connection with licensing.

The Director of the Prefectural Labour Bureau conducts licensing examinations for each classification prescribed by Order of the Ministry of Health, Labour and Welfare.

The licensing examinations referred to in the preceding paragraph (hereinafter referred to as "licensing examinations") consist of a paper test and a skill test, or either one of these.

The Director of the Prefectural Labour Bureau may, pursuant to Order of the Ministry of Health, Labour and Welfare, exempt a person that has completed the practical training conducted by a person registered by the Director of the Prefectural Labour Bureau, if it has not been one year since the date on which that person completed it; or a person in possession of the qualifications specified by Order of the Ministry of Health, Labour and Welfare; from all or part of the paper test or the skill test referred to in the preceding paragraph.

The practical training referred to in the preceding paragraph (hereinafter referred to as "practical training") is conducted for each category set forth in Appended Table 17.

Order of the Ministry of Health, Labour and Welfare prescribes the qualifications to sit for licensing examinations, the subjects on the examination, exam application procedures, enrollment procedures for practical training, and other necessary particulars regarding the implementation of licensing examinations.

The Minister of Health, Labour and Welfare, pursuant to Order of the Ministry of Health, Labour and Welfare, may have a person designated by the Minister of Health, Labour and Welfare (hereinafter referred to as the "designated examination board") undertake all or part of the administrative functions involved in implementing the licensing examination that the Director of the Prefectural Labour Bureau undertakes pursuant to the provisions of paragraph (1) of the preceding Article (hereinafter referred to as "exam administration").

The designation under the provisions of the preceding paragraph (hereinafter referred to as a "designation" up to Article 75-12) is made at the application of a person seeking undertake exam administration.

If it has been decided, pursuant to the provisions of paragraph (1) that a designated examination board will undertake all or part of exam administration, the Director of the Prefectural Labour Bureau is not to undertake the exam administration in question.

The Minister of Health, Labour and Welfare must not make a designation unless there is no other designated person and the Minister of Health, Labour and Welfare finds that an application referred to in paragraph (2) of the preceding Article conforms to each of the following items:

the plan relating to the implementation of exam administration with respect to staff, equipment, the method of implementing exam administration, and other particulars is suited to the proper and reliable implementation of exam administration;

the applicant's financial and technical basis is sufficient for the proper and reliable implementation of the plan for implementing exam administration referred to in the preceding item.

The Minister of Health, Labour and Welfare must not make a designation if an application as referred to in paragraph (2) of the preceding Article falls under any of the following items:

the applicant is a person other than a general incorporated association or general incorporated foundation;

the applicant is likely to be unable to fairly and properly implement exam administration due to buisnesses other than exam administration undertaken by the applicant;

the applicant has been subject to criminal sentencing for having violated the provisions of this Act or an order under this Act, and two years have not passed since the day on which that person finished serving the sentence or ceased to be subject to its enforcement;

the applicant's designation has been rescinded pursuant to the provisions of paragraph (1) of Article 75-11, and two years have not passed since the date of the rescission;

one of the officers of the applicant falls under item (iii);

one of the officers of the applicant has been dismissed pursuant to an order under the provisions of paragraph (2) of the following Article, and two years have not passed since the date of that dismissal.

The appointment and dismissal of the officers of the designated examination board who are engaged in exam administration does not become valid without the approval of the Minister of Health, Labour and Welfare.

If an officer of a designated examination board violates this Act (including the orders issued or dispositions taken thereunder) or the exam administration rules provided for in paragraph (1) of Article 75-6, or engages in extremely improper conduct in connection with exam administration, the Minister of Health, Labour and Welfare may order the designated examination board to dismiss that officer.

In undertaking exam administration, a designated examination board must have a licensing examiner undertake administrative functions involved in decisions as to whether persons have the necessary knowledge and capability to be licensed.

When appointing a licensing examiner, an examination board must appoint the licensing examiner from among those who satisfy the requirements specified by Order of the Ministry of Health, Labour and Welfare.

Having appointed a licensing examiner, a designated examination board, pursuant to Order of the Ministry of Health, Labour and Welfare, must file a notification of the appointment with the Minister of Health, Labour and Welfare. The same applies if there is a change among the licensing examiners.

If a licensing examiner violates this Act (including an order or disposition hereunder) or the exam administration rules provided for in paragraph (1) of the following Article, or engages in extremely improper conduct in connection with exam administration, the Minister of Health, Labour and Welfare may order the relevant designated examination board to dismiss the licensing examiner.

A designated examination board must establish rules concerning the implementation of exam administration (hereinafter in this Article and Article 75-11, paragraph (2), item (iv) referred to as "exam administration rules"), and receive the approval of the Minister of Health, Labour and Welfare, before it begins exam administration. The same applies if it seeks to alter them.

Order of the Ministry of Health, Labour and Welfare prescribes the particulars that must be included in the exam administration rules.

On finding that exam administration rules approved under paragraph (1) have become inappropriate for the proper and reliable implementation of exam administration, the Minister of Health, Labour and Welfare may order the designated examination board to alter them.

A designated examination board must prepare a business plan and working budget for each business year and receive the approval of the Minister of Health, Labour and Welfare before the commencement of that business year (or without delay after being designated, in the business year containing the day on which it was designated). The same applies if it seeks to alter them.

Within three months after the end of each business year, a designated examination board must prepare and submit to the Minister of Health, Labour and Welfare a business report and the income and expenditure statement for that business year.

It is prohibited for the officers and employees (including licensing examiners) of the designated examination board and all persons who have held such a position to divulge any secretwhich they have learned in the course of the implementation of exam administration.

The officers and employees (including licensing examiners) of the designated examination board who are engaged in exam administration are deemed to be personnel engaged in public service pursuant to laws and regulations, as regards the application of the Penal Code (Act No. 45 of 1907) and other penal provisions.