Before seeking to install or move machinery or other such equipment that necessitates dangerous or hazardous work operations is used in a dangerous place, or is used to prevent the endangerment of a person or impairment of a person's health, and that is specified by Order of the Ministry of Health, Labour and Welfare, or before seeking to alter the main structural part of such machinery or other such equipment, an employer must file a notification of the plan with the Chief of the Labour Standard Inspection Offices pursuant to Order of the Ministry of Health, Labour and Welfare, no later than 30 days prior to the date of commencement of that work; provided, however, that this does not apply to an employer that the Chief of the Labour Standard Inspection Offices certifies, pursuant to Order of the Ministry of Health, Labour and Welfare, as one that has taken the measures, such as the measure provided for in paragraph (1) of Article 28-2, specified by Order of the Ministry of Health, Labour and Welfare.
事業者は、機械等で、危険若しくは有害な作業を必要とするもの、危険な場所において使用するもの又は危険若しくは健康障害を防止するため使用するもののうち、厚生労働省令で定めるものを設置し、若しくは移転し、又はこれらの主要構造部分を変更しようとするときは、その計画を当該工事の開始の日の三十日前までに、厚生労働省令で定めるところにより、労働基準監督署長に届け出なければならない。ただし、第二十八条の二第一項に規定する措置その他の厚生労働省令で定める措置を講じているものとして、厚生労働省令で定めるところにより労働基準監督署長が認定した事業者については、この限りでない。
When seeking to commence a large-scale job involved in a business undertaking categorized as the construction industry that could cause a serious industrial injury and that is specified by Order of the Ministry of Health, Labour and Welfare, an employer must file a notification of the plan with the Minister of Health, Labour and Welfare, as prescribed by Order of the Ministry of Health, Labour and Welfare, no later than 30 days prior to the date of commencement of the job.
When seeking to commence a job of a business belonging to the construction industry or another industry specified by Cabinet Order (in the case of a business belonging to the construction industry, excluding the jobs specified by Order of the Ministry of Health, Labour and Welfare in the preceding paragraph) that is specified by Order of the Ministry of Health, Labour and Welfare, an employer must file a notification of the plan with the Chief of the Labour Standard Inspection Offices, as prescribed by Order of the Ministry of Health, Labour and Welfare, no later than 14 days prior to the date of commencement of the job.
When drawing up the construction work plan specified by Order of the Ministry of Health, Labour and Welfare among the construction work requiring notification under the provisions of paragraph (1), a job plan specified by Order of the Ministry of Health, Labour and Welfare provided for in paragraph (2) or a job plan specified by Order of the Ministry of Health, Labour and Welfare among the jobs requiring the filing of a notification under the provisions of the preceding paragraph, an employer must have persons who have the qualifications specified by Order of the Ministry of Health, Labour and Welfare participate in the planning in order to prevent industrial injuries from arising due to constructions, machineries or other such equipments relating to that construction work or that job.
In a case that a proposed job is to be carried out based on multiple levels of contracts, the provisions of the preceding three paragraphs (excluding the part concerning the notification under the provisions of paragraph (1) among the provisions of the preceding paragraphs) do not apply to employers other than the original orderer that directly carries out the job if there is such an original orderer, and they do not apply to employers other than the principal contractor if there is no original orderer directly carrying out the job.
If the Chief of the Labour Standard Inspection Offices, in respect of a notification under the provisions of paragraph (1) or (3) that has been filed therewith, or if the Minister of Health, Labour and Welfare, in respect of a notification under the provisions of paragraph (2) that has been filed therewith, finds that a particular to which the relevant notification pertains violates this Act or an order under this Act, the chief or minister with which the notification has been filed may issue an injunction against the employer that filed the notification to stop the employer from commencing the construction or job to which the notification pertains, or may order the employer filing the notification to alter the relevant plan.
Having issued an order under the provisions of the preceding paragraph (limited to an order issued to an employer that has filed a notification under the provisions of paragraph (2) or (3)), the Minister of Health, Labour and Welfare or the Chief of the Labour Standard Inspection Offices, on finding it to be necessary to do so, may issue the necessary recommendations or requests regarding particulars that concern the prevention of industrial injuries to the original orderer (other than an original orderer that directly carries out the job) of the job to which that order pertains..
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