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The Safety Ordinance for Gondola

(Ordinance of the Ministry of Labour No.35 September 30, 1972)

Chapter II Manufacturing and Installation

Article 2 (Permission of manufacturing)
  • (1) A person who intends to manufacture a gondola shall obtain, in advance, the permission in respect to the gondola intended to manufacture from the Director of the Prefectural Labour Bureau who exercises jurisdiction over the area where the workplace is located (herein after referred to as "the Director of the competent Prefectural Labour Bureau"). However, this shall not apply to the gondola, the type of which is identical with the gondola that has been obtained the said permission already (hereinafter referred to as "permitted type gondola" in the next Article).
  • (2) A person who intends to obtain the permission set forth in the preceding paragraph, shall submit an application for the gondola manufacturing permission (Form No.1) with the assembly drawing of the gondola and the document stating the following matters to the Director of the competent Prefectural Labour Bureau:
    • (i) Standards of strength calculation;
    • (ii) Outline of the equipment for inspection performed on the process of manufacturing;
    • (iii) Name and outline of career of the chief designer and the responsible person on manufacturing work.
Article 3 (Report of Alteration on Equipment, etc., for Inspection)
  • (1) The person who has obtained the permission set forth in paragraph (1) of the preceding Article shall, in the case of manufacturing the gondola pertaining to the said permission or the permitted type gondola, and when the equipments set forth in item (ii) of paragraph (2) of the same Article or either the chief designer or the responsible person on manufacturing work set forth in item (iii) of the same paragraph were altered, report without delay to the Director of the competent Prefectural Labour Bureau.
Article 4 (Manufacturing Inspection)
  • (1) A person who has manufactured a gondola shall, pursuant to the provision of paragraph (1) of Article 38 of the Industrial Safety and Health Act (hereinafter referred to as gthe Acth), undergo the inspection for the said gondola by the Director of the competent Prefectural Labour Bureau.
  • (2) On the inspection pursuant to the provision of the preceding paragraph (hereinafter referred to as "manufacturing inspection"), in addition to examining the construction and the function of every part of the gondola, the load test shall be performed.
  • (3) The load test set forth in the preceding paragraph shall be performed as provided for by any of the following each item:
    • (i) For a gondola other than the one exclusively used for lowering function, to perform the raising and lowering motion with the rated speed and the allowable lowering speed respectively while loading a load corresponding to the loading capacity on the working floor;
    • (ii) For a gondola which is exclusively used for lowering function, to perform the lowering motion with the allowable lowering speed while loading a load corresponding to the loading capacity on the working floor.
  • (4) A person who intends to undergo the manufacturing inspection shall submit an application for gondola manufacturing inspection (Form No.2) with the specification of the gondola (Form No.3), the assembly drawing of the gondola and the strength calculation statement of arms and other structural parts to the Director of the competent Prefectural Labour Bureau. In this case, when the dimension and the loading capacity of the gondola which is intended to undergo the said inspection are identical with the one which passed the manufacturing inspection already, the said assembly drawing and the strength calculation statement may be omitted to attach.
  • (5) The Director of the competent Prefectural Labour Bureau shall stamp the gondola which passed the manufacturing inspection with a die in accordance with the Form No. 4, and issue the specification of the said gondola impressed a seal of the Form No. 5, indicating the manufacturing inspection completed, to the person who submitted the application pursuant to the provision of the preceding paragraph.
Article 5(Measures for the Case of Undergoing Manufacturing Inspection)
  • (1) A person who undergoes the manufacturing inspection shall, as regards the gondola being subjected to the said inspection, shall carry out the following matters:
    • (i) To move the gondola to the place to inspect easily;
    • (ii) To prepare a test load and the slinging equipment for the load test.
    (2) The Director of the competent Prefectural Labour Bureau may, when having found the necessity for the manufacturing inspection, as regards the gondola pertaining to the said inspection, order the following matters to the person who undergoes the said inspection:
    • (i) To disassemble safety devices or brakes;
    • (ii) To pick out rivets, or to make a hole in a part of members;
    • (iii) To cut off a part of wire ropes;
    • (iv) In addition to the matters listed in the preceding each item, matters found to be necessary for the said inspection.
  • (3) The person who undergoes the manufacturing inspection shall be present at the said inspection.
Article 6 (Use Inspection)
  • (1) The following person shall, pursuant to the provision of paragraph (1) of Article 38 of the Act, undergo the inspection for the said gondola by the Director of the Prefectural Labour Bureau:
    • (i) A person who has imported a gondola;
    • (ii) A person who intends to install the gondola which has not been installed for one year or longer (two years or longer for the gondola which has been admitted by the Director of the Prefectural Labour Bureau that the said gondola has been kept in good condition) after being subjected to the manufacturing inspection, or the inspection set forth in this paragraph or the next paragraph (hereinafter referred to as gUse Inspectionh);
    • (iii) A person who intends to install or to resume the use of the gondola which has been disused.
    (2) A person who has manufactured a gondola in foreign countries may, pursuant to the provision of paragraph (2) of Article 38 of the Act, undergo the inspection for the said gondola by the Director of the Prefectural Labour Bureau. In the case that the said inspection has been performed, the provision set forth in the preceding paragraph shall not apply to the person who has imported the said gondola.
  • (3) The provisions of paragraph (2) and (3) of Article 4 shall apply mutatis mutandis to the use inspection.
  • (4) A person who intends to undergo the use inspection shall submit an application for the gondola use inspection (Form No.6) with the specification of the gondola, the assembly drawing and the strength calculation statement of arms and other structural parts to the Director of the Prefectural Labour Bureau.
  • (5) A person who has imported a gondola or manufactured it in foreign countries may, when undergoing the use inspection, attach the documents certified by the person (limited to a resident in foreign countries) designated by the Minister of Health, Labour and Welfare that the construction of the gondola pertaining to the said application complies with the standards provided for by the Minister of Health, Labour and Welfare set forth in the provision of paragraph (2) of Article 37 of the Act (limited to the structural parts of the gondola), on the application set forth in the preceding paragraph.
  • (6) The Director of the Prefectural Labour Bureau shall stamp the gondola which passed the use inspection with a die in accordance with the Form No.4 and issue the specification of the said gondola impressed a seal of the Form No. 7 indicating the use inspection completed, to the person who submitted the application pursuant to the provision of the paragraph (4).
Article 7 (Measures for the Case of Undergoing the Use Inspection)
  • (1) The provision of Article 5 shall apply mutatis mutandis to the case of undergoing the use inspection. In this case, the term "the Director of the competent Prefectural Labour Bureau" in paragraph (2) of the same Article, shall be deemed to be replaced with "the Director of the Prefectural Labour Bureau".
Article 8 (Inspection Certificate for Gondola)
  • (1) The Director of the competent Prefectural Labour Bureau or the Director of the Prefectural Labour Bureau shall, as regards the gondola which passed the manufacturing inspection or the use inspection respectively, issue a gondola inspection certificate (Form No.8) to the person who submitted an application pursuant to the provision of paragraph (4) of Article 4 or paragraph (4) of Article 6 respectively.
  • (2) A person who has installed a gondola shall, when having lost or damaged the gondola inspection certificate, submit an application for reissue of the gondola inspection certificate (Form No.9) with the following document to the Director of the Prefectural Labour Bureau who issued the said inspection certificate, through the Chief of the Labour Standards Inspection Office who exercises jurisdiction over the area where the workplace is located (hereinafter referred to as gthe Chief of the competent Labour Standards Inspection Officeh), and be granted the reissue:
    • (i) The document explaining the lost of the gondola inspection certificate in the event of losing;
    • (ii) The gondola inspection certificate in the event of damaging.
    (3) On alteration of a person who has installed a gondola, the replaced person shall, within ten days from the date of the said alteration, submit an application for renewal of gondola inspection certificate (Form No.9) with the gondola inspection certificate to the Director of the Prefectural Labour Bureau who issued the said inspection certificate through the Chief of the competent Labour Standards Inspection Office, and be granted the renewal.
Article 9 (Validity Term of Inspection Certificate)
  • (1) The validity term of the gondola inspection certificate shall be for one year.
  • (2) Notwithstanding the provision of the preceding paragraph, as regards the gondola which has not been installed after having undergone the manufacturing inspection or use inspection and the Chief of Prefectural Labour Bureau has approved that the said gondola has been kept in good condition for that period, the validity term of the inspection certificate of the said gondola may be extended for the term within two years from the date of the manufacturing inspection or use inspection and within one year from the date when the said gondola has been installed.
Article 10 (Notification for installation)
  • (1) The employer who intends to install a gondola shall, when notifying pursuant to the provision of paragraph (1) of Article 88 of the Act, submit the gondola installation notification (Form No. 10) with gondola specification (the one impressing a seal indicating that the manufacturing inspection or the use inspection completed), the gondola inspection certificate and the document mentioning the following matters to the Chief of the competent Labour Standards Inspection Office:
    • (i) Assemble drawing of the gondola;
    • (ii) Surroundings at the place of installation;
    • (iii) Method of fixing the gondola.
    (2) In the case of the notification pursuant to the provision of preceding paragraph, the provision of paragraph (1) of Article 85 of the Industrial Safety and Health Ordinance (the Ordinance of the Ministry of Labour No. 32 of 1972, hereinafter referred to as gthe Safety and Health Ordinanceh) shall apply as provided as follows:
    • (i) In the case notifying the gondola together with the building or other machinery pursuant to the provision of paragraph (1) of Article 88 of the Act, of particulars of the notification and the document pursuant to the provision of paragraph (1) of Article 85 of the Safety and Health Ordinance, those duplicating with the notification or other document pursuant to the provision of the preceding paragraph may be omitted;
    • (ii) In case notifying only the gondola pursuant to the provision of paragraph (1) of Article 88 of the Act, the provision of paragraph (1) of Article 85 of the Safety and Health Ordinance shall not apply.
  • (3) The employer (excluding the one set forth in the main text of paragraph (1) of Article 88 of the Act) shall, when intending to install a gondola, submit the gondola installation notification (Form No. 10) with the gondola specification, the inspection certificate and the document set forth in paragraph (1), pursuant to the provision of paragraph (1) of the Article 88 of the Act, as applied mutatis mutandis pursuant to paragraph (2) of the same Article, to the Chief of the competent Labour Standards Inspection Office.
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