Ordinance on Industrial Safety and Health
Ministry of Labour Ordinance No. 32 of September 30, 1972
Ministry of Health, Labour and Welfare Ordinance No. 47 of March 30, 2007
Part I General Rules
Chapter II Organization for Safety and Health Management
Section 2 Safety Officer
Article 4 (Appointment of a Safety Officer)
- (1) The appointment of the safety officers pursuant to the provision of paragraph (1) of Article 11 of the Act shall be made prescribed as follows:
- (i) To appoint within 14 days of the date when the grounds necessitating appointment of a safety officer have arisen;
- (ii) To appoint a person who is exclusively assigned to the workplace. However, in that or more safety officers are to be appointed and persons listed in item (ii) of the next Article are included in those safety officers, this provision shall not apply to one of the said persons;
- (iii) For the workplace falling under the following categories, to appoint the necessary number of safety officers to always supervise the technical matters pertaining to the safety among those works set forth in each item of paragraph (1) of Article 10 of the Act during the operation of a production facilities unit designated by the Director of the Prefectural Labour Bureau having the jurisdiction over the district where the said workplace is located (hereinafter referred to as “Director of the competent Prefectural Labour Bureau”):
- (a) The workplace where, among the chemical facilities (meaning the chemical facilities listed in item (i) of Article 9-3 of the Enforcement Order of Industrial Safety and Health Act (hereinafter referred to as the “Order”), the same shall apply hereinafter), the one such as a reactor, etc., in which the exothermal reaction arises or due to the similar abnormal conditions that explosions, fires, etc. is possible to arise (due to excluding piping; hereinafter referred to as “special chemical facilities”);
- (b) The special chemical facilities designated by the Director of the competent Prefectural Labour Bureau.
- (iv) For the workplace regularly employing workers of number or more listed in the right column of the following table corresponding to categories of industry listed in the medium column of the same table, to appoint at least one as a fulltime safety officer among those appointed to supervise the technical matters concerning the safety among those works set forth in each item of paragraph (1) of Article 10 of the Act. However, in the case of industries falling under category 4 in the same table, this shall be limited only to a workplace in which there have been exceeding 100 cases which h compelled workers to be absent from their work for one day or more due to industrial accidents in the past three years.
|Organic chemical product manufacturing
|Petroleum product manufacturing
||Inorganic chemical product manufacturing
|Chemical fertilizer manufacturing
|Port cargo transportation
||Paper and pulp manufacturing
|Iron and steel industry
||Industry prescribed in item (i) and (ii) of Article 2 of the Order (excluding industries prescribed in 1 to 3)
- (2) The provisions of paragraph (2) of Article 2 and Article 3 shall apply mutatis mutandis to safety officers.
Article 5 (Qualifications of Safety Officer)
- (1)A person who is in possession of the qualifications prescribed by the Ordinance of the Ministry of Health, Labour and Welfare set forth in paragraph (1) of Article 11 of the Act shall be as follows:
- (i) A person who falls under any of the following categories and who completed a training course provided by the Minister of Health, Labour and Welfare that provides the knowledge necessary to supervise technical matters pertaining to safety among the works listed in each item of paragraph (1) of Article 10 of the Act.
- (a) A person who has completed and graduated from the regular course of science line of a university or a technical college accredited under the School Education Act (Act No.26 of 1947) (including the long term course of the Human Resource Development and Promotion University accredited under the Human Resource Development and Promotion Act (Act No.64 of 1969) and has business experiences having engaged in the industrial safety service for two years or longer thereafter.
- (b) A person who has completed and graduated from the regular course of science line of a senior high school or a secondary education school accredited under the School Education Act and has business experiences having engaged in industrial safety service for four years or longer.
- (ii) Industrial safety consultants.
- (iii) In addition to those listed in the preceding two items, a person who is provided by the Minister of Health, Labour and Welfare.
Article 6 (Inspection by the Safety Officer and Enabling)
- (1) The safety officer shall inspect workshops, etc., and immediately take necessary measures to prevent dangers when there are indications of such dangers in facilities and/or working methods, etc.
- (2) The employer shall grant the safety officer the authority to take measures concerning safety.