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 4 Industrial Physician, etc.
Article 13 (Appointment of an Industrial Physician)
- (1) The appointment of an industrial physician pursuant to the provision of paragraph (1) of Article 13 of the Act shall be prescribed as follows:
- (i) To appoint within 14 days from the date when a reason necessitating appointment of a physician have arisen.
- (ii) For the workplace where 1,000 workers or more are regularly employed or 500 workers or more are regularly engaged in the work listed as follows, to appoint a person exclusively assigned to the said workplace.:
- (a) The work handling a large quantity of high-temperature substances or the work in extremely hot places.
- (b) The work handling a large quantity of low-temperature substances or the work in extremely cold places.
- (c) The work in which workers are exposed to radium rays, X-rays and other harmful radiation
- (d) The work at the place where extreme air-borne dust or power of soil and stone or animal hair, etc., are flying. (e) The work under an extraordinary atmospheric pressure.
- (f) The work exposing the bodies of workers to extremely vibrations due to the use of a rock drill, a riveting machine, etc.
- (g) The work handling of heavy material.
- (h) The work in places of boiler manufacturing, etc., where sending extremely noise.
- (i) The work in a pit.
- (j) The work including midnight work.
- (k) The work handling mercury, arsenic, yellow phosphorus, hydrofluoric acid, hydrochloric acid, nitric acid, sulfuric acid, prussic acid, caustic alkali, carbolic acid and other substances as harmful as these substances.
- (l) The work in places exuding gas, vapor, dusts of lead, mercury, chromium, arsenic, yellow phosphorus, hydrogen fluoride, chlorine, hydrochloric acid, nitric acid, sulfurous acid, sulfuric acid, carbon monoxide, carbon disulfide, prussic acid, benzene, aniline and other substances as harmful as these substances.
- (m) The work is liable to extreme contamination by pathogens.
- (n) Other work provided by the Minister of Health, Labour and Welfare.
- (iii) For the workplace where exceeding 3,000 workers are regularly employed, to appoint two or more industrial physicians.
- (2) The provisions of paragraph (2) of Article 2 shall apply mutatis mutandis to industrial physicians. However, this shall not apply to those school physicians who have been appointed or entrusted pursuant to the provision of Article 16 of the School Health Act (Act No.33 of 1958) to perform the duties of an industrial physician for the school concerned.
- (3) The provisions of Article 8 shall apply mutatis mutandis to industrial physicians. In this case, the term “paragraph (1) of the preceding Article” in the same Article shall be deemed to be replaced with “paragraph (1) of Article 13.”
Article 14 (Duties, etc. of an Industrial Physician or Industrial Dentist)
- (1) The matters prescribed by the Ordinance of the Ministry of Health, Labour and Welfare set forth in paragraph (1) of Article 13 of the Act shall be of the following matters, those requiring the specialized knowledge of medicine:
- (i) Matters relating to the implementation of medical examinations and face-to-face guidance, etc. (meaning face-to-face guidance prescribed by paragraph (1) of Article 66-8 of the Act (hereinafter referred to as “face-to-face guidance”) and necessary measures prescribed by Article 66-9 of the Act) and measures to be taken based on their results to maintain workers’ health.
- (ii) Matters relating to the maintenance and control of the working environment.
- (iii) Matters relating to control of the work.
- (iv) In addition to what is listed in the preceding three items, matters relating to the health care of the workers.
- (v) Matters relating to health education, health counseling and other measures for maintaining and promoting workers’ health.
- (vi) Matters relating to health education.
- (vii) Matters relating to investigation of the causes of the impairment of workers' health and measures for preventing its recurrence.
- (2) A person who is in possession of the qualification prescribed by the Ordinance of the Ministry of Health, Labour and Welfare set forth in paragraph (2) of Article 13 of the Act shall be as follows:
- (i) A person who completed a training course provided by the Minister of Health, Labour and Welfare that provides the necessary medial knowledge to carry out health care, etc., for workers, prescribed by paragraph (1) of Article 13 of the Act (hereinafter referred to as “health care, etc. for workers”).
- (ii) A person who has completed and graduated from regular medical courses established for the purposes of developing industrial physicians in universities of industrial health or other universities designated by the Minister of Health, Labour and Welfare, and who completed the practical training provided by the Minister of Health, Labour and Welfare.
- (iii) A person who has passed the industrial health consultant's examination in the category of health and hygiene.
- (iv) A person who is working as a professor, associate professor or lecturer (limited to full-time employees) covering the subjects related to industrial health at a university accredited under the School Education Act or the one who is formerly working as such.
- (v) In addition to those listed in the preceding each item, a person who is the Minister of Health, Labour and Welfare.
- (3) The industrial physician may make recommendations to the general safety and health manager and give guidance or advice to the health officer (s) about the matters specified in each item of paragraph (1).
- (4) The employer shall not dismiss or otherwise disadvantage the industrial physician by reason of recommendations made by said industrial physician pursuant to the provision of paragraph (3) of Article 13 of the Act or recommendations, guidance or advice given pursuant to the provision of the preceding paragraph.
- (5) The employer shall, as regards workplaces where 50 workers or more are regularly employed to perform the work set forth in paragraph (3) of Article 22 of the Order, obtain the opinion of the industrial dentist on the condition of workers’ teeth or their supporting tissues among the matters listed in each item of paragraph (1).
- (6) The industrial dentist who has conducted a medical examination set forth in paragraph (3) of Article 66 of the Act on workers who work in workplaces set forth in the preceding paragraph may recommend measures necessary for preventing the impairment of workers' health (limited to health impairment related to teeth and their supporting tissues) to the employer or the general safety and health manager of the workplace concerned.
Article 15 (Periodical Inspection by Industrial Physician and Enabling)
- (1) The industrial physician shall inspect workshops, etc., at least once a month and promptly take the necessary measures to prevent the impairment of workers' health when there should be a risk of harmful effects due to working methods or sanitary conditions of such workshops.
- (2) The employer shall grant the industrial physician the authority necessary to perform the duties prescribed by paragraph (1) of the preceding Article.
Article 15-2 (Health Care, etc. for Workers in Workplaces Other Than Those Required to Appoint an Industrial Physician)
- (1) A person prescribed by the Ordinance of the Ministry of Health, Labour and Welfare set forth in Article 13-2 of the Act shall be an industrial nurse who is on the list of persons with the necessary knowledge to conduct health care, etc., to workers in order that the State implements consultation, information providing, and other supportive activities on the work pertaining to health care, etc. to workers (referred to as “Regional Industrial Health Center Activities” in the next paragraph) which are conducted as the State's supports prescribed by Article 19-3 of the Act and which are entrusted for implementation to a medical association which is a judicial person established pursuant to the provision of Article 34 of the Civil Act (Act No.89, 1896) with physicians in a municipal area as its members.
- (2) The employer shall, as regards a workplace other than the one covered by the provision of paragraph (1) of Article 13 of the Act, when having a person prescribed by Article 13-2 of the Act conduct all or a part of the health care, etc. for workers, endeavor to appoint a physician prescribed by the same Article who carries out the health care, etc. for workers or to utilize regional industrial health center activities, etc.