[Chapter 4] Section 1 ③

[Ministerial ordinance] Ordinance on Industrial Safety and Health

Article 36 (Work Necessitating Special Education)

Dangerous or harmful work prescribed by the Ordinance of the Ministry of Health, Labour and Welfare set forth in paragraph (3) of Article 59 of the Act shall be as follows:

(1)-(38) (Omitted)

(39) Work pertaining to assembling, dismantling or altering scaffolding (excluding auxiliary work on the ground or a firm floor);

(40) Work pertaining to work at a place having a height of 2 m or more, where it is difficult to provide a working floor, using lifting/lowering equipment (equipment allowing the worker to go up or down through his/her own operation, provided with equipment for fastening the rope to a support above the work place and hanging down, supporting the body of the worker with the said rope (referred to as “body holding equipment” in Articles 539-2 and 539-3) and where the worker carries out work while holding his/her body using the said lifting/lowering equipment (excluding work on slopes of less than 40 degrees; Hereinafter referred to as “work at a high place done with a rope”);

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Article 37 (Omission of Subject of Special Education Curricula)

The employer may, for workers who are deemed to have sufficient knowledge and skill in regard to all or part of the curricula of the special education set forth in paragraph (3) of Article 59 of the Act (hereinafter referred to as “special education”), omit whole or a part of subjects of the special education curricula concerned.

Note) Interpretation: This applies to those who have acquired higher qualifications or who have already taken the pertinent education.

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Article 38 (Preserving the Record of Special Education)

The employer shall, when having given special education to workers, record the curricula and names of those who attended the said special education course and preserve the records for three years.

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Article 39 (Details of Special Education)

In addition to what is prescribed by the preceding two Articles and Article 592-7, necessary matters in implementing special education pertaining to the work listed in item (i) to (xiii), (xxvii), (xxx) to (xxxvi), (xxxix) and (xli) of Article 36 shall be provided by the Minister of Health, Labour and Welfare.

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Article 194-22 (Use of Fall Arrest Equipment, etc. with the Required Performance)

The employer shall, when carrying out the work using a vehicle for work at height (excluding the one equipped with a working floor that raise and lower only perpendicular direction to the ground plane), have the workers on the working floor of said vehicle for work at height use fall arrest equipment, etc. with the required performance.

② The worker set forth in the preceding paragraph shall use fall arrest equipment, etc. with the required performance.

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Article 518 (Provisions of the Working Floor, etc.)

The employer shall, in the case where carrying out an operation at a place having a height of 2 m or more (excluding the end of a working floor, an opening, etc.) and when it is liable to endanger workers due to a fall, provide a working floor by installation of scaffolding or by other methods.

② The employer shall, when it is difficult to provide a working floor pursuant to the provision of the preceding paragraph, take the measures of setting a protective net, having workers use fall arrest equipment with the required performance, etc. to prevent workers from dangers due to fall.

Note) Interpretation: The comma means employers can choose between setting a protective net or having workers use fall arrest equipment with the required performance.

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Article 519 (Enclosures, etc., for Openings, etc.)

The employer shall provide enclosures, handrails, covers, etc., (hereinafter referred to as “enclosures, etc.” in this Article), to places having a height of 2 m or more and where it is liable to endanger workers due to a fall, such as at an end of a working floor and an opening.

② The employer shall, when it is extremely difficult to provide enclosures, etc., pursuant to the provision of the preceding paragraph, or when removing enclosures, etc., temporarily for necessity for work, take the measures of setting a protective net, having workers use fall arrest equipment with the required performance to prevent the workers from dangers due to fall.

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Article 520 (Use of Fall Arrest Equipment, etc.)

A worker shall, when having been instructed to use fall arrest equipment, etc. with the required performance, in the case set forth in paragraph (2) of Article 518 and paragraph (2) of the preceding Article, use it.

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Article 521 (Facilities, etc., for Fixing Fall Arrest Equipment, etc.)

The employer shall, when carrying out the work at a place having a height of 2 m or more, and having workers use fall arrest equipment, etc. with the required performance, have the said workers provide facilities, etc., to fix fall arrest equipment, etc. with the required performance, safely.

② The employer shall, when having workers use fall arrest equipment, etc. with the required performance, inspect fall arrest equipment, etc. with the required performance, and facilities, etc., for their fixing, for any abnormalities as needed.

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Article 522 (Prohibition of Work in Bad Weather)

The employer shall, in the case where the work is carried out at a place having a height of 2 m or more, and when dangers regarding the implementation of the said work are forecast due to bad weather conditions such as strong wind, heavy rain, heavy snow, not have worker to engage in the said work.

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Article 523

The employer shall, when carrying out the work at a place having a height of 2 m or more, maintain necessary illumination for carrying out the said work safely.

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Article 524 (Prevention of Dangers on a Roof Made of Slate, etc.)

The employer shall, in the case of carrying out a work on a roof made of such material as slate and excelsior, and when it is liable to endanger workers due to collapsed roof, provide foot boards having a width of 30 cm or wider, set a protective net or take other measures to eliminate the danger to workers due to a collapsed roof.

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Article 526 (Installation, etc., of Facilities for Ascending and Descending)

The employer shall, when carrying out a work at a place having a height or a depth exceeding 1.5 m, provide facilities that enable the worker engaging in the said work to go up and down safely.
However, this shall not apply when providing facilities to ascend or descend safely is extremely difficult due to the nature of the work.

② The worker engaging in the work set forth in the preceding paragraph shall use the facilities for safe ascending and descending when such facilities have been provided pursuant to the provision of the text of same paragraph.

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※About industrial safety and health laws and regulations

The Industrial Safety and Health Act was enacted separately from “Chapter V: Safety and Health” of the Labor Standards Act.
Therefore, rules regarding minors and women still remain in the Labor Standards Act.

In other words, safety and health must be managed in an integrated manner with the Labor Standards Act, not based on the Industrial Safety and Health Act alone.

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Caution! Safety and health laws and regulations are also called “mandatory provisions”

Safety and health laws and regulations are applied regardless of any agreements between the parties concerned. These provisions are called “mandatory provisions” and are mainly intended to protect the weak.

These provisions also do not allow the excuse “I didn’t know.” If someone doesn’t know, the judgment is that “a person who doesn’t know is in the wrong.” In particular, if a worker fails to follow a provision “the worker shall …” then, regardless of the reason, the worker may be subject to direct punishment.

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Expressions specific to laws and regulations

For example, consider the provision “The employer shall, when it is difficult to provide a working floor pursuant to the provision of the preceding paragraph, take the measures of setting a protective net, having workers use fall arrest equipment with the required performance, etc. to prevent workers from dangers due to fall.”
This is from paragraph ② of Article 518, but proper countermeasures may not be taken if you do not correctly understand the comma in the section “setting a protective net, having workers use fall arrest equipment with the required performance.”

Note that, in this case, the comma means “either alternative may be chosen” and the ordinance does not require both a protective net and fall arrest equipment.

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