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Industrial Safety and Health Law
Law No. 57 of June 8, 1972
Law No. 25 of May 31, 2006
Chapter VI. Measures in Placing Workers
Article 59. (Safety and Health Education)
- (1) 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, Labor 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, Labor 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, Labor and Welfare.
- 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, Labor and Welfare, for those who are newly charged as foremen or others to directly guide or supervise workers in operations (except operations chief):
- (i) Matters pertaining to the decision of the method of work and the assignment of workers
- (ii) Matters pertaining to the method of guiding or supervising workers
- (iii) 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, Labor and Welfare.
- (1) In additon to those stipulated in the preceding two articles, the employer shall endeavor to give education for safety and health to those who are currently engaged in dangerous or harmful work operations, concerning work operations engaged in by them, in order to improve the level of safety and health in their workplace.
- (2) The Minister of Health, Labor and Welfare shall make public the guidelines necessary for the appropriate and effective implementation of the education set forth in the preceding paragraph.
- (3) The Minister of Health, Labor and Welfare may give necessary guidance to the employer or the organization of the employers under the guidelines in the preceding paragraph.
Article 61. (Restrictions on Engagement)
- (1) The employer shall not place any person in the operation of cranes and other operations defined by Cabinet Order unless the person has obtained the license concerning the said operations from the Director of the Prefectural Labor Bureau, has finished the skill training course related to the said operations conducted by those who have been registered by the Director of the Prefectural Labor Bureau, or has other qualifications provided for by the Ordinance of the Ministry of Health, Labor and Welfare.
- (2) Any person other than those qualified to engage in the said operations under the provisions of the preceding paragraph shall not conduct the said operations.
- (3) A person who is qualified pursuant to the provision of paragraph (1) to engage in the said operations shall, at the time of the engagement in the said operations, carry with oneself the license concerning the said operations or other document to prove the qualification.
- (4) Alternate provisions may be made with limited extent for necessity by the Ordinance of the Ministry of Health, Labor and Welfare relating to the provisions set forth in the preceding three paragraphs, where it is necessary for the workers who are to receive vocational training authorized under the provision of paragraph (1), Article 24 of Human Resources Development Act (Act No. 64 of 1969) (including the case where the said provision is applied mutatis mutandis pursuant to paragraph (2), Article 27-2 of the same Act).
Article 62. (Considerations to Middle-Aged and Aged Workers, etc.)
- In respect to middle-aged, aged and other workers to whom specified considerations should be given in placing them with a view to preventing industrial accidents, the employer shall endeavor to arrange an appropriate assignment for them according to their physical and mental conditions.
Article 63. (State Assistance)
- For ensuring the effective implementation of safety and/or health education by employers, the State shall endeavor to enrich necessary policies and measures including those for the training of instructors and improvement of their quality, preparation and dissemination of training/education methods, supply of educational materials, among others.