13. Penalty Provisions
Persons who violate the provisions
Industrial Safety and Health Law shall
subject to the following penalties:
|(1)Penal servitude of not exceeding three
years or fines of not exceeding 3,000,000
|In the event chemical substances that are
likely to cause serious health impairment
are manufactured, imported, used or
|(2)Penal servitude of not exceeding one year
or fines not exceeding 1,000,000 yen.
||.In the event a permission for the manufacture
of specificed machines, etc. is not
or a product is not approved
or model examinations.
||In the event chemical substances are manufactured
without manufacturing permission
||In the event officers or managers of designated
test agencies or industrial safety
consultants disclose secret information
they have obtained in the course of
||In the event authorized inspection agencies
conduct their operations while they
to a suspension of their operations.
|(3)Penal servitude of not exceeding six months
or fines not exceeding 500,000 yen
||In the event employers failed to carry out
specified measures in relation to the
of dangers and health impairment.
||In the event specified machines, etc. are
not submitted for inspection at manufacturing;
or machines, etc. are used without
qualification by individual or model
||In the event chemical substances subject
to manufacturing permission are not
under permitted conditions.
||In the event special education is not carried
||In the event working environment measurements
are not carried out.
||In the event patients with infectious diseases
are assigned to work.
||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.
||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
||In the event safety or health supervisors
are not appointed.
||In the event machines, etc., not qualified
by individual or model examinations
with false indications.
||In the event safety and health education
for workers at their employment is
||In the event periodical medical examinations
or special medical examinations are
||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.
||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.
||In the event records of matters that are
subject to maintenance and safekeeping
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
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)