[Chapter 4] Section 1 ②

[Law]Industrial Safety and Health Act (Act No. 57 of June 8, 1972)

Article 1 (Purpose)

The purpose of this Act is to secure, in conjunction with the Labor Standards Act (Act No. 49 of 1947), the safety and health of workers in workplaces, as well as to facilitate the establishment of comfortable working environment, by promoting comprehensive and systematic countermeasures concerning the prevention of industrial accidents, such as taking measures for the establishment of standards for hazard prevention, clarifying the safety and health management responsibility the promotion of voluntary activities with a view to preventing industrial accidents.

Article 3 (Responsibilities of Employer, etc.)
Note) Corporations and sole proprietors are called employers.

The employer shall not only comply with the minimum standards for preventing industrial accidents provided for in this Act, but also endeavor to ensure the safety and health of workers in workplaces through creating a comfortable working environment and improving working conditions.
He/She shall, furthermore, endeavor to cooperate in the measures for the prevention of industrial accidents to be taken by the State.

② A person who designs, manufactures or imports machines, instruments and other equipment, or one who manufactures or imports raw materials, or one who constructs or designs buildings, shall endeavor, in designing, manufacturing, importing or constructing them, to contribute to the prevention of the occurrence of industrial accidents caused by their use.

③ An orderer of construction work, etc. who commissions work to others, shall consider not to impose on them conditions which may impede performing safe and healthy work in terms of construction methods, period, etc.

Article 4

Workers shall, not only observe matters necessary for preventing industrial accidents, but also endeavor to cooperate in the measures pertaining to prevention of industrial accidents conducted by employers or other said parties.

*Interpretation: “Matters necessary” refers to laws and regulations. This provision is sometimes called the “obligation to protect one’s own safety and health.”

Article 10 (General Safety and Health Manager)

The employer shall, as provided for by the Ordinance of the Ministry of Health, Labour and Welfare, appoint a general safety and health manager for each workplace of the scale defined by Cabinet Order and have the said person direct the work of safety officers, health officers, or persons in charge of management of technical matters pursuant to the provisions of paragraph (2) of Article 25-2, and at the same time exercise overall management of the following matters:

Matters pertaining to measures for the prevention of the dangers or health impairment of workers
Matters pertaining to the provision of education on the safety and health of workers
Medical examination and others for maintaining and promoting workers’ health
Matters pertaining to the investigation of the causes of industrial accidents and the measures for preventing the recurrence of such accidents
In addition to the matters listed in the preceding each item, services necessary for preventing industrial accidents provided for by the Ordinance of the Ministry of Health, Labour and Welfare.

② The position of the general safety and health manager shall be filled with the person who exercises overall management over the execution of the undertaking at the said workplace.

Article 12-2 (Safety and Health Promoter, etc.)

For workplaces other than those provided for by paragraph (1) of Article 11 and paragraph (1) of the preceding article, the employer shall appoint a Safety and Health Promoter (or a health promoter for workplaces other than those provided for by the Cabinet Order cited in paragraph (1) of Article 11) at the scale provided for by the Ordinance of the Ministry of Health, Labour and Welfare as provided for by the Ordinance of the Ministry of Health, Labour and Welfare, and shall the safety and health promoter perform the functions set forth in the items of paragraph (1) of Article 10. (In case having appointed the person who manages the technical matters pursuant to the provisions of paragraph (2) of Article 25-2, excluding measures corresponding to those prescribed in each item of paragraph (1) of the same Article, and in case of type of workplaces other than those provided for by paragraph (1) of Article 11 of the Cabinet Order, restricted to the health service).

Article 15 (Overall Safety and Health Controller)

Among the employers with a contractor who carries out a part of the work in an undertaking executed at one place (where as there exists two or more contracts under which a part of the work in the undertaking is begun, there exist two or more such employers, employer who ordered the earliest contract; hereinafter referred to as the “Principal Employer”), one (hereinafter referred to as “Specified Principal Employer”) who carries on an undertaking (hereinafter referred to as “Specified Undertaking”) related to construction or other industries prescribed by Cabinet Order, shall, where workers employed by him/her and by his/her contractors (where the work in the said undertaking of the principal employer is carried out under subcontracts of several levels, subcontractors who are party to subsequent subcontractors shall be included; hereinafter referred to as “related contractors”) perform work at the said place, appoint an overall safety and health controller in order to prevent industrial accidents which may occur as a result of the work carried out by these workers at the same place, and have him/her direct the work of Principal Safety and Health Supervisors, and at the same time exercise overall control over the matters provided for in each item of paragraph (1) of Article 30; provided that this shall not apply where the number of such workers does not reach the figure provided for by Cabinet Order.

Article 16 (Safety and Health Controller) * Construction and shipbuilding

In the case of paragraph ① or ③ of Article 15, a contractor who performs the said work himself/herself, other than the employer required to appoint the overall safety and health controller under these provisions shall appoint a safety and health controller and have the said person perform the liaison with the overall safety and health controller and other matters provided for by the Ordinance of the Ministry of Health, Labour and Welfare.

② A contractor who has appointed a safety and health controller under the provisions of the preceding paragraph shall notify the employer (set forth in the same paragraph) of the fact without delay.

Article 20 (Measures to Be Taken by Employers, etc.)

The employer shall take necessary measures for preventing the following dangers:

Dangers due to machines, instruments and other equipment (hereinafter referred to as “machines, etc.”)
Dangers due to substances of an explosive nature, substances of a combustible nature and substances of an inflammable nature
Dangers due to electricity, heat and other energy

Article 21

The employer shall take necessary measures for preventing any dangers arising from the following working methods: excavation, quarrying, cargo handling, lumbering, etc.

② The employer shall take necessary measures for preventing dangers related to places from which workers could fall or where there are concerns about slides of sand or earth.

Article 22

The employer shall take necessary measures for preventing health impairment as follows:

Health impairment due to raw materials, gases, vapors, dusts, insufficient oxygen in air, pathogens, etc.
Health impairment due to radiation, high temperatures, low temperatures, ultrasonic waves, noises, vibration, abnormal atmospheric pressure, etc.
Health impairment due to operations such as gauge monitoring, precision work, etc.
Health impairment due to exhaust fumes, waste fluid or solid wastes.

Article 23

The employer shall, respecting the buildings and other workshops where he employs workers, take necessary measures for the maintenance of passages, floor and stair areas, and also for ventilation, lighting, illumination, heating, and moisture prevention. In addition, the employer shall take necessary measures for rest, evacuation and sanitation, and also measures required for maintaining the health, morale and life of workers.

Article 24

The employer shall take necessary measures for preventing industrial accidents arising from the work actions or behavior of workers.

Article 25

The employer shall, where there exists an imminent danger of occurrence of an industrial accident, immediately stop the operation and take necessary measures to have the workers evacuate from the workshop.

Article 25-2

The employer who carries out the work prescribed by Cabinet Order from among the works in the undertakings related to construction or other industries prescribed by Cabinet Order shall take the following measures in order to prevent the occurrence of industrial accidents where measures relating to the relief and protection of workers are taken against the occurrence of explosion, fire, etc.:

Installation and management of machines, etc., required in relation to the relief and protection of workers
Training for necessary matters in relation to the relief and protection of workers
In addition to the matters listed in preceding two items, execution of necessary matters in relation to the relief and protection of workers in preparation for explosion, fire, etc.

Article 26

Workers shall, in response to the measures taken by the employer under the provisions from Articles 20 to 25 and of paragraph (1) of the preceding Article, observe the necessary matters.

Article 59 (Safety and Health Education)

The employer shall, when a new worker is employed, give the said worker education for safety and/or health concerning work operations in which the worker is to be engaged, as provided for by the Ordinance of the Ministry of Health, Labour and Welfare.

② The provisions of the preceding paragraph shall apply mutatis mutandis when the contents of the operations have been changed.

③ The employer shall, when a worker is to be placed in the dangerous or harmful operations provided for by the Ordinance of the Ministry of Health, Labour and Welfare, give the worker the special education for safety and/or health concerning the said operations, as provided for by the Ordinance of the Ministry of Health, Labour and Welfare.

Interpretation: Changes in the contents of the operations in paragraph ② include changes in work such as transfers. In the construction industry, this also includes changes in work site (new site).

Article 60

In the case that one’s industry comes under one of those defined by Cabinet Order, the employer shall conduct safety and/or health education on the following matters, as provided for by the Ordinance of the Ministry of Health, Labour and Welfare, for those who are newly charged as foremen or others to directly guide or supervise workers in operations (except operations chief):

Matters pertaining to the decision of the method of work and the assignment of workers
Matters pertaining to the method of guiding or supervising workers
In addition to the matters listed in preceding two items, matters necessary for preventing industrial accidents, as provided for by the Ordinance of the Ministry of Health, Labour and Welfare.

[Cabinet order] Order for Enforcement of Industrial Safety and Health Act

Article 13 (Machines, etc. Subject to Be in Conformity with Standards or Equipped with Safety Devices Designated by the Minister of Health, Labour and Welfare)

② (Omitted)

③ The machines, etc. defined by the Cabinet Order set forth in Article 42 of the Act (excluding the case in which the machines, etc., are clearly not for domestic use) shall be the machines, etc. listed below:
(1)-(27) (Omitted)
(28) Fall arrest equipment　Note) Name changed from safety belt, etc.

≪Previous Article

Next Article≫