Article 66-10Examination for Assessing the Degree of Psychological Burden
第六十六条の十(心理的な負担の程度を把握するための検査等)
An employer, pursuant to Order of the Ministry of Health, Labour and Welfare, must have workers undergo examinations by a person, such as a physician or health nurse, specified by Order of the Ministry of Health, Labour and Welfare (hereinafter referred to as a "physician or similar person" in this Article) to assess their degree of psychological burden.
An employer, pursuant to Order of the Ministry of Health, Labour and Welfare, must have the physician or similar person that has conducted the examination as referred to in the preceding paragraph notify the worker who underwent that examination pursuant to that paragraph of the results thereof. In such a case, the physician or similar person must not provide the employer with the results of the examination without having first obtained the consent of the worker.
If a worker who has been notified as under the provisions of the preceding paragraph and whose degree of psychological burden meets the requirements specified by Order of the Ministry of Health, Labour and Welfare in consideration of helping maintaining the health of workers requests to receive face-to-face guidance by a physician, the employer, pursuant to Order of the Ministry of Health, Labour and Welfare must have the worker making the request undergo face-to-face guidance by a physician. In such a case, the employer must not subject the worker to disadvantageous treatment for having made that request.
An employer, pursuant to Order of the Ministry of Health, Labour and Welfare, must keep the record of the results of the face-to-face guidance under the provisions of the preceding paragraph.
An employer, pursuant to Order of the Ministry of Health, Labour and Welfare, must hear the opinion of a physician on the necessary measures to help maintain the health of a worker based on the result of face-to-face guidance under the provisions of paragraph (3).
On finding that it is necessary to do so in light of the opinion of a physician under the provisions of the preceding paragraph, an employer must take measures including changing the location of work, changing the work content, shortening the working hours, or reducing the frequency of night work, in accordance with the actual circumstances of the worker, along with conducting appropriate measures including reporting the opinion of the physician to the Health Committee, Safety and Health Committee or Committee for the Improvement of Establishing Working Hours, etc.
事業者は、前項の規定による医師の意見を勘案し、その必要があると認めるときは、当該労働者の実情を考慮して、就業場所の変更、作業の転換、労働時間の短縮、深夜業の回数の減少等の措置を講ずるほか、当該医師の意見の衛生委員会若しくは安全衛生委員会又は労働時間等設定改善委員会への報告その他の適切な措置を講じなければならない。
The Minister of Health, Labour and Welfare is to release the necessary guidelines to ensure the appropriate and effective implementation of the measures that employers are required to take pursuant to the provisions of the preceding paragraph.
Having released guidelines 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 to employers and associations thereof.
The State is to endeavor to provide training courses for physicians concerning the effect of different degrees of psychological burden on the maintenance of a worker's health, in addition to taking measures including health counseling and other services for helping to maintain and improve the health of workers who use the results of examination of which they have been notified pursuant to the provisions of paragraph (2).
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