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13. Penalty Provisions

Persons who violate the provisions of the Industrial Safety and Health Law shall be subject to the following penalties:

(1)Penal servitude of not exceeding three years or fines of not exceeding 3,000,000 yen.

In the event chemical substances that are likely to cause serious health impairment are manufactured, imported, used or provided.

(2)Penal servitude of not exceeding one year or fines not exceeding 1,000,000 yen.

(a) .In the event a permission for the manufacture of specificed machines, etc. is not issued or a product is  not approved by individual or model examinations.
(b) In the event chemical substances are manufactured without manufacturing permission
(c) In the event officers or managers of designated test agencies or industrial safety or health consultants disclose secret information that they have obtained in the course of performing their duties.
(d) In the event authorized inspection agencies conduct their operations while they are subject to a suspension of their operations.

(3)Penal servitude of not exceeding six months or fines not exceeding 500,000 yen

(a) In the event employers failed to carry out specified measures in relation to the prevention of dangers and health impairment.
(b) In the event specified machines, etc. are not submitted for inspection at manufacturing; or machines, etc. are used without proper qualification by individual or model examinations.
(c) In the event chemical substances subject to manufacturing permission are not manufactured under permitted conditions.
(d) In the event special education is not carried out.
(e) In the event working environment measurements are not carried out.
(f) In the event patients with infectious diseases are assigned to work.
(g) In the event workers are subject to disadvantageous treatment by employers because they notify the chief of a Labour Standards Inspection Office, etc., about any violations of law.
(h) In the event of failing to carry out an order to recall machines that have been sold despite their non-compliance with structural standards

(4)Fines not exceeding 500,000 yen

(a) In the event safety or health supervisors are not appointed.
(b) In the event machines, etc., not qualified by individual or model examinations are labeled with false indications.
(c) In the event safety and health education for workers at their employment is not provided.
(d) In the event periodical medical examinations or special medical examinations are not provided.
(e) In the event labour standards inspectors or expert officers on industrial safety and health are denied entry into workplaces, refused answers to their questions, or false statements are made.
(f) In the event the requests for reports by the chiefs of Laour Standards Inspection Offices, etc., are not answered; or any person failed to appear when required.
(g) In the event records of matters that are subject to maintenance and safekeeping obligations are not maintained or preserved.

(5)Penalty provisions to be applied to both persons and juridical entities

In the event that the provisions (1), (2), (4) and (5) above are violated, the persons responsible as well as juridical persons (persons in case of private enterprises) are subject to penalties.

(The Safety and Health Management System in the Construction Industry will be discussed in the next session)