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 3 Health Officer
Article 7 (Appointment of Health Officer)
- (1) The appointment of health officers pursuant to the provision of paragraph (1) of Article 12 of the Act shall be made prescribed as follows:
- (i) To appoint within 14 days of the date when grounds necessitating appointment of a health officer arisen.
- (ii) To appoint a person who exclusively assigned to the workplace. However, in the case that two or more health officers are to be appointed and persons listed in item (iii) of Article 10 are included in those health officers, this provision shall not apply to one of the said persons.
- (iii) To appoint among those listed in the following items, corresponding to the categories of industry:
- (a) In the industries of agriculture, forestry, livestock raising, fisheries, mining, construction, manufacturing (including processing), electric power, gas supply, water supply, heating supply, transport, automobile servicing, machine servicing, medical repairing services, and cleaning: those having the class-1 health officer’s license, the health officer’s license on industrial hygiene or those listed in each item of Article 10.
- (b) In other industries, those having the class-1 health officer’s license, the class-2 health officer’s license, the health officer’s license on industrial hygiene or those listed in the items of Article 10.
- (iv) To appoint health officers the number or more shown on the right of the following table corresponding to the size of each workplace shown on the left of the same table.
|Size of Workplace (Number of Regular Employees)
||Number of Health Officers
|50 or more and 200 or less
|Exceeding 200 and 500 or less
|Exceeding 500 and 1,000 or less
|Exceeding 1,000 and 2,000 or less
|Exceeding 2,000 and 3,000 or less
- (v) For the workplaces falling under the following categories shall appoint at least one full-time health officer:
- (a) Those workplaces regularly employing exceeding 1,000 workers.
- (b) Those workplaces regularly employing exceeding 500 workers, of which 30 or more workers are engaged in mineshaft work or work designated in the paragraphs of Article 18 of the Enforcement Ordinance of the Labour Standards Act (Ministry of Health and Welfare Ordinance No.23 of 1947).
- (vi) In those workplaces regularly employing exceeding 500 workers, of which 30 or more workers are engaged in mineshaft work or work listed in paragraph (1), paragraph (3) to (5) or paragraph (9) of Article 18 of the Enforcement Ordinance of the Labour Standards Act, to appoint one health officer who has obtained a health officer’s license on industrial hygiene.
- (2) The provisions of paragraph (2) of Article 2 and Article 3 shall apply mutatis mutandis to health officers.
Article 8 (Special Case of the Appointment of Health Officers)
- (1) The employer may be excepted from the obligation as pursuant to the provision of paragraph (1) of the preceding Article in the case where there should be some unavoidable reason whereby the employer is unable to appoint a health officer under that provision and when the employer has obtained the permission of the Director of the competent Prefectural Labour Bureau.
Article 9 (Appointment of a Common Health officer)
- (1) The Director of the Prefectural Labour Bureau may, when finding necessity, recommend the appointment of a common health officer for those two or more workplaces where the appointment of a health officer for one workplace is not necessary and the two or more such workplaces are located in the same area, through the deliberation by the Local LabourCouncil.
Article 10 (Qualifications of Health Officers)
- (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 12 of the Act shall be as follows:
- (i) Physicians;
- (ii) Dentists;
- (iii) Industrial health consultant;
- (iv) In addition to those listed in the preceding three items, those provided by the Minister of Health, Labour and Welfare.
Article 11 (Inspection by the Health Officer and Enabling)
- (1) The health officer shall inspect workshops, etc., at least once a week and promptly take necessary measures to prevent the impairment of workers' health when there should be a risk of harmful effects due to the design of the facilities, working methods or in health conditions of such workshops.
- (2) The employer shall grant the health officer the authority to take measures necessary to prevent health impairment as previously described.
Article 12 (Administration of Industrial Health Engineering Matters)