Working Environment Measurement Act (Tentative translation)
Chapter I. General Provisions
(Purpose)
Article 1 The purpose of this Act is to secure, in conjunction with the Industrial Safety and Health Act (Act No. 57 of 1972), the optimal working environment by providing for the qualifications of a working environment measurement expert, and matters necessary for working environment measurement agencies, etc., concerning the measurement of working environments, and thereby to maintain the health of workers in workplaces.
(Definitions)
Article 2 For the purpose of this Act, the terms listed in the following items shall have the meanings set forth in the corresponding items:
(i) "Employer" shall mean the employer prescribed in item 3 of Article 2 of the Industrial Safety and Health Act.
(ii) "Working environment measurement" shall mean the working environment measurement prescribed in item 4 of Article 2 of the Industrial Safety and Health Act.
(iii) "Designated workplace" shall mean the workplace prescribed in paragraph 1 of Article 65 of the Industrial Safety and Health Act and designated by a relevant Cabinet Order.
(iv) "Working environment measurement expert" shall mean the class-1 and class-2 working environment measurement experts.
(v) "Class-1 working environment measurement expert" shall mean the person registered with the Minister of Health, Labour and Welfare, who performs working environment measurement services at designated workplaces and also provides the same services, in the capacity of a class-1 working environment measurement expert, at workplaces other than designated workplaces. (This provision applies to the next item);
(vi) "Class-2 working environment measurement expert" shall mean the person registered with the Minister of Health, Labour and Welfare, who performs at designated workplaces working environment measurement services (except analysis (including analytical researches) by means of the instruments and apparatuses designated by the Ordinance of the Ministry of Health, Labour and Welfare) and also provides the same services, in the capacity of a class-2 working environment measurement expert, at workplaces.
(vii) "Working environment measurement agency" shall mean the person or organization registered with the Minister of Health, Labour and Welfare or the Director of the Prefectural Labour Bureau, which undertakes as its business working environment measurement services in workplaces at the request of others.
(Implementation of Working Environment Measurement)
Article 3 (1) When the employer carries out working environment measurement at any of his workplaces in conformity to the provisions of paragraph 1 of Article 65 of the Industrial Safety and Health Act, he/she shall make the working environment measurement expert, employed by him/her, perform the said measurement, as provided for by the Ordinance of the Ministry of Health, Labour and Welfare.
(2) In the event of inability to perform the working environment measurement prescribed in the preceding paragraph, the employer shall, as provided for by the Ordinance of the Ministry of Health, Labour and Welfare, commission a working environment measurement agency to carry out the said measurement. However, this provision does not apply to the case where any agency belonging to the State or local public body, etc., and designated by the Minister of Health, Labour and Welfare is entrusted with such measurement.
Article 4 (1) The working environment measurement expert shall, in implementing the working environment measurements pursuant to Article 65, paragraph 1 of the Industrial Safety and Health Act, act in strict conformity to the Working Environment Measurement Standards prescribed in paragraph 2 of the same Article.
(2) The working environment measurement agency shall, in implementing the working environment measurement pursuant to Article 65, paragraph 1 of the Industrial Safety and Health Act at the request of other, act in strict conformity to the Working Environment Measurement Standards prescribed in paragraph 2 of the same Article.
Chapter II Working Environment Measurement Expert, etc.
Section 1 Working Environment Measurement Expert
(Qualifications of Working Environment Measurement Experts)
Article 5 Those who have passed the qualifying examination for working environment measurement experts (hereinafter referred to as the "examination") and have completed a training course conducted by a body registered with the Minister of Health, Labour and Welfare or the Director of the Prefectural Labour Bureau (hereinafter referred to as the "training course"), and those who are judged to have equivalent or superior capabilities to those who have completed the examination and training course, and meet the requirements provided for by the Ordinance of the Ministry of Health, Labour and Welfare, shall be qualified to be working environment measurement experts.
(Disqualifying Provision)
Article 6 Those who fall under any of the following categories shall not be eligible to be a working environment measurement expert:
(i) An adult ward or a person under curatorship.
(ii) A person whose registration was rescinded by virtue of the provisions of paragraph 2 of Article 12, and for whom two years have not passed since the date of rescission.
(iii) A person who, in violation of the provisions of this Act or the Industrial Safety and Health Act (including orders thereunder), has been sentenced to a fine or severer punishment and for whom two years have not passed since the date of the completion or discontinuation of the said execution.
(Registration)
Article 7 A person, who is qualified to become a working environment measurement expert and who intends to become one, shall obtain registration in the working environment measurement expert list concerning the following items, as provided for by the Ordinance of the Ministry of Health, Labour and Welfare:
(i) Registration date and number
(ii) Name and date of birth
(iii) Class of working environment measurement expert
(iv) Any other matters provided by the Ordinance of the Ministry of Health, Labour and Welfare.
(Working Environment Measurement Expert List)
Article 8 (1) The working environment measurement expert list shall be kept at the Ministry of Health, Labour and Welfare.
(2) The employer or other persons concerned may ask for the perusal of the list.
(Procedure of Registration)
Article 9 (1) Those who intends to obtain registration set forth in Article 7, shall submit an application form indicating the items listed in items 2 to 4 of the same article to the Minister of Health, Labour and Welfare.
(2) The application form set forth in the preceding paragraph shall, as provided for by the Ordinance of the Ministry of Health, Labour and Welfare, be submitted together with the documents testifying to items 2 to 4 of Article 7, the applicant's photograph, and the passing certificate and the completion certificate of training course set forth in Article 16 which the applicant has passed and completed (or documents serving as such certificates in the case of the applicant approved to satisfy the requirements of the Ordinance of the Ministry of Health, Labour and Welfare as provided for in Article 5).
(3) When an application form is submitted pursuant to paragraph 1, the Minister of Health, Labour and Welfare shall register the applicant in the list pursuant to Article 7 without delay, where the Minister finds that the applicant is fully eligible to be a working environment measurement expert. On the other hand, when the Minister Health, Labour and Welfare finds that the applicant is not eligible, he/she shall reject the registration.
(4) Where the Minister of Health, Labour and Welfare rejects the registration pursuant to the provision of the preceding paragraph, he/she shall inform the applicant the rejection with indicating the reasons without delay.
(Registration Certificate)
Article 10 When the Minister of Health, Labour and Welfare registers pursuant to Article 7, he/she issues to the applicant with the working environment measurement expert registration certificate recorded about the items prescribed in Article 7.
(Prohibition of Transfer, etc., of Registration Certificate)
Article 11 The working environment measurement expert shall not transfer or lend his registration certificate to any person.
(Rescission of Registration, etc.)
Article 12 (1) When a working environment measurement expert falls under items 1 or 3 of Article 6 or decision on passing an examination is rescinded pursuant to the provisions of Article 17, the Minister of Health, Labour and Welfare shall rescind his/her registration.
(2) The Minister of Health, Labour and Welfare may, where any working environment measurement expert has come under any of the following items, rescind the registration, or order him/her to suspend the working environment measurement services at designated workplaces or to stop using the name of "environment measurement expert" for a certain fixed period of time:
(i) When the expert conducts a wrongful act in connection with the registration.
(ii) When the expert violates the provisions of paragraph 1 of Article 4, preceding Article, or paragraph 4 of Article 44.
(iii) When the expert indicates false data in connection with the working environment measurement services.
(iv) When the expert violates any conditions set forth in paragraph 1 of Article 48.
(v) In addition to what is listed in the preceding each item, when the expert conducts any other wrongful act in connection with the working environment measurement services (including the case where the expert participates in such measurement services as implemented by the working environment measurement agency).
(Deletion of Registration)
Article 13 The Minister of Health, Labour and Welfare shall, where the registration cease to be effective or the holder discontinues the working environment measurement services, delete the registration.
(Examination)
Article 14 (1) The examination shall be conducted by the Minister of Health, Labour and Welfare.
(2) The examination shall comprise the class-1 working environment measurement expert examination and the class-2 working environment measurement expert examination, and shall be carried out, as provided for by the Ordinance of the Ministry of Health, Labour and Welfare, by a written and oral examination or a written examination.
(3) The Minister of Health, Labour and Welfare may, as provided for by the Ordinance of the Ministry of Health, Labour and Welfare, exempt those who are in possession of the qualification as provided for by the Ordinance of the Ministry of Health, Labour and Welfare from the whole or part of the written examination or the oral examination under the preceding paragraph.
(Qualifications for Examination)
Article 15 A person, who falls under any of the following items, is entitled to take the examination:
(i) Those who graduated upon completing the regular course of science from a university or a higher technical school accredited under the School Education Act (Act No. 26 of 1947) (hereinafter referred to as "graduates from a university, etc. after completing a regular course of science"), and have at least one year of work experience in industrial health service thereafter.
(ii) Those who graduated in completing the regular course of science from a high school or a secondary education school accredited under the School Education Act and have at least three years of work experience in industrial health service thereafter.
(iii) Those, as provided for by the Ordinance of the Ministry of Health, Labour and Welfare, who are deemed to have the same (or higher) ability as those mentioned in the preceding two items.
(Training course)
Article 15-2 The training course shall be conducted on the subjects of training courses listed in the lower column of Appended Table 1 for each of the segments listed in the upper column of said table.
(Passing Certificate for Examination and Completion Certificate for Training Course)
Article 16 (1) The Minister of Health, Labour and Welfare shall issue the passing certificate to those who have succeeded in the examination.
(2) The registered training institution prescribed in paragraph 3 of Article 32 shall issue completion certificate of training course to those who have completed the training course.
(Rescission of Passing the Examination)
Article 17 The Minister of Health, Labour and Welfare may rescind the decision on passing an examination or prohibit taking an examination against a person who has taken or has intended to take the examination with any wrong way.
(Restriction on Use of Title)
Article 18 (1) Those other than a working environment measurement expert shall not use the title of a "Working Environment Measurement Expert" in their job description.
(2) The class-2 working environment measurement expert shall not use the title "Class-1 Working Environment Measurement Expert."
(Delegation to the Ordinance of the Ministry of Health, Labour and Welfare)
Article 19 In addition to what is provided for in this Section, subjects of the examination, application for registration and other required matters related to the examination, training course and registration (including the working environment measurement expert registration certificate) shall be prescribed by the Ordinance of the Ministry of Health, Labour and Welfare.
Section 2 Designated Testing Institution
(Designation)
Article 20 (1) The Minister of Health, Labour and Welfare shall entrust the execution of business related to the examination (hereinafter referred to as the "examination affairs") to the person who is designated after screening the applications for designation.
(2) The person who is given the designation prescribed in the preceding paragraph (hereinafter referred to as the "designation" in this section) (hereinafter the person referred to as the "designated testing institution") may exercise the authority of the Minister of Health, Labour and Welfare prescribed in Article 17 in connection with implementing the examination affairs.
(3) The Minister of Health, Labour and Welfare shall not implement the examination affairs when he/she has entrusted the designated testing institution with its implementation.
(Criteria for Designation, etc.)
Article 21 (1) When the Minister of Health, Labour and Welfare intends to make the designation, he/she shall make it after examining whether the application for designation satisfies the conditions prescribed in the following items:
(i) The implementation plan of the examination affairs about the staffs, facilities, the method of implementation of the examination affairs and other matters is sufficient to properly and reliably implement the examination affairs.
(ii) The financial and technical basis is secure enough to properly and reliably implement the implementation plan of the examination affairs.
(2) The Minister of Health, Labour and Welfare shall not make any designation if the application falls under any of the following items:
(i) He/she has already designated another person.
(ii) The applicant is one other than a general incorporated association or a general incorporated foundation.
(iii) The applicant is likely to be unable to fairly conduct the examination affairs due to its business other than the examination affairs.
(iv) The applicant is a person whose designation was rescinded pursuant to the provisions of Paragraph 1 of Article 30 and for whom two years have not passed since the date of rescission.
(v) The applicant has any officer falling under any of the following:
(a) A person who, in violation of the provisions of this Act or the Industrial Safety and Health Act (including orders thereunder), has been sentenced to a fine or severer punishment and for whom two years have not passed since the date of the completion or discontinuation of the said execution.
(b) A person who was dismissed by orders pursuant to the provision of paragraph 2 of Article 23 and for whom two years have not passed since the day of the dismissal.
(Public Notice of Designation)
Article 22 (1) When the Minister of Health, Labour and Welfare make the designation; he/she shall publicly notify in the Official Gazette the name and the address of the designated testing institution, the address of the office where it implements the examination affairs, and the date when it commences the examination affairs.
(2) When the designated testing institution intends to change its name or address, or the address of the office where it implements the examination affairs, it shall notify the Minister of Health, Labour and Welfare of the change in advance.
(3) When there is notification set forth in the preceding paragraph, the Minister of Health, Labour and Welfare shall publicly notify the content of the notification in the Official Gazette.
(Election and Dismissal of Officers)
Article 23 (1) Election and dismissal of the officers of the designated testing institution shall have no effect unless approved by the Minister of Health, Labour and Welfare.
(2) When any officer of the designated testing institution violates this Act or the Industrial Safety and Health Act (including ordinances and the disposition thereunder) or the rules of the examination affairs prescribed in paragraph 1 of Article 25, or commits an extremely inappropriate act concerning the examination affairs, the Minister of Health, Labour and Welfare may order the designated testing institution to dismiss the said officer.
(Examiner of Working Environment Measurement Expert)
Article 24 (1) In the implementation of the examination affairs, the designated testing institution shall assign the examiner of working environment measurement experts (hereinafter referred to as the "examiner") to the task of passing judgment as to whether the applicant has knowledge and capabilities required of the working environment measurement expert.
(2) The examiner shall be appointed from among the persons satisfying the conditions prescribed in the Ordinance of the Ministry of Health, Labour and Welfare relating to the knowledge about and experience in the working environment measurement.
(3) When the designated testing institution appoints an examiner, it shall notify the Minister of Health, Labour and Welfare accordingly within 15 days from the day of the appointment. The same shall apply to any change thereof.
(4) In case the examiner violates this Act or the Industrial Safety and Health Act (including ordinances and the disposition thereunder) or the rules for examination affairs prescribed in paragraph 1 of the next Article, or commits an extremely inappropriate act concerning the examination affairs, the Minister of Health, Labour and Welfare may order the designated testing institution for dismissal of the said examiner.
(5) A person who was dismissed from the post of examiner by orders pursuant to the provision of the preceding paragraph and for whom two years have not passed since the day of the dismissal may not become an examiner.
(Rules for Examination Affairs)
Article 25 (1) The designated testing institution shall establish rules concerning the implementation of the examination affairs (hereinafter in this Section referred to as the "rules for examination affairs"), and receive the approval of the Minister of Health, Labour and Welfare, before it starts in the examination affairs. The same shall apply to any change thereof.
(2) The Minister of Health, Labour and Welfare may order to change the rules for examination affairs, when he/she finds that the rules for examination affairs approved under the preceding paragraph have become inappropriate to properly and reliably implement the examination affairs.
(3) The matters to be prescribed in the rules for examination affairs shall be prescribed by the Ordinance of the Ministry of Health, Labour and Welfare.
(Approval of a Business Plan, etc.)
Article 26 (1) The designated testing institution shall prepare a business plan and income and expenditure budget for each business year and receive the approval of the Minister of Health, Labour and Welfare before the commencement of that business year (or without delay after designation in the business year to which the date of designation belongs). The same shall apply to any change thereof.
(2) The designated testing institution shall, within three months after the end of each business year, prepare the business report and the statement of accounts for that business year, and submit them to the Minister of Health, Labour and Welfare.
(Confidentiality Obligation, etc.)
Article 27 (1) An officer and a staff (including an examiner) of the designated testing institution and persons who held such a post shall not divulge any secret concerning the examination affairs.
(2) An officer or a staff (including an examiner) of the designated testing institution who is engaged in the examination affairs shall be regarded as a staff engaged in public service, pursuant to the laws and regulations, with regard to the application of the Penal Code (Act No. 45 of 1907) and other penal provisions.
(Supervision Orders)
Article 28 The Minister of Health, Labour and Welfare may, when he/she finds it necessary for enforcement of this Act, issue a necessary order for the supervision of the examination affairs to the designated testing institution.
(Suspension or Abolition of the Examination Affairs)
Article 29 (1) The designated testing institution shall neither abolish the business related to the examination affairs nor suspend the whole or part of it without permission from the Minister of Health, Labour and Welfare.
(2) When the Minister of Health, Labour and Welfare gives the permission set forth in the preceding paragraph, he/she shall publicly notify it in the Official Gazette.
(Rescission of Designation, etc.)
Article 30 (1) The Minister of Health, Labour and Welfare may, where the designation testing institution has come under any of the following items, rescind the designation or order to suspend the whole or part of its business related to the examination affairs for a certain fixed period of time:
(i) When the institution conducted a wrongful act in connection with the gaining of designation.
(ii) When the institution violated the provisions of this Section.
(iii) When the institution came under item 5 of paragraph 2 of Article 21.
(iv) When the institution violated the order pursuant to the provisions of paragraph 2 of Article 23, paragraph 4 of Article 24, paragraph 2 of Article 25, or Article 28.
(v) When the institution conducted the examination affairs without conforming to the rules for examination affairs approved pursuant to the provisions of paragraph 1 of Article 25.
(vi) When the institution violated the conditions set forth in paragraph 1 of Article 48.
(2) When the Minister of Health, Labour and Welfare rescinds the designation pursuant to the provisions of the preceding paragraph or orders to suspend the whole or part of the business related to the examination affairs, he/she shall publicly notify it in the Official Gazette.
(Implementation of the Examination Affairs by the Minister of Health, Labour and Welfare)
Article 31 (1) The Minister of Health, Labour and Welfare, when he/she finds it necessary, shall implement the examination affairs by himself/herself in the case where the designated testing institution suspends the whole or part of business related to the examination affairs pursuant to the provisions of paragraph 1 of Article 29, where the Minister of Health, Labour and Welfare orders the designated testing institution to suspend the whole or part of business related to the examination affairs pursuant to the provisions of paragraph 1 of the preceding Article, or where it becomes difficult by grounds of a natural disaster or other causes for the designated testing institution to implement the examination affairs.
(2) When the Minister of Health, Labour and Welfare intends to implement the examination affairs by himself/herself pursuant to the provision of the preceding paragraph or to discontinue the examination affairs which he/she implement by himself/herself pursuant to the provision of the same paragraph, he/she shall publicly notify it in advance in the Official Gazette.
(3) The succession of examination affairs and other necessary matters for the case, where the Minister of Health, Labour and Welfare implements the examination affairs by himself/herself pursuant to the provisions of paragraph 1, where the Minister of Health, Labour and Welfare permits abolition of the business related to the examination affairs pursuant to the provision of paragraph 1 of Article 29, or where the Minister of Health, Labour and Welfare rescinds the designation pursuant to the provisions of paragraph 1 of the preceding Article, shall be prescribed by the Ordinance of the Ministry of Health, Labour and Welfare.
Section 3 Registered Training Institutions
Article 32 (1) Registration pursuant to the provisions of Article 5 or paragraph 1 of Article 44 shall, as provided for by the Ordinance of the Ministry of Health, Labour and Welfare, be made on the application of the person who intends to conduct the training course or training prescribed in the same paragraph.
(2) The Minister of Health, Labour and Welfare or the Director of the Prefectural Labour Bureau shall register when the applicant for registration pursuant to the provision of the preceding paragraph satisfies all of the requirements listed below;
(i) The applicant conducts the training courses listed in the upper column of Appended Table 2 or the training prescribed in paragraph 1 of Article 44 by using the machinery, equipment and other facilities listed in the lower column of said table.
(ii) Those having knowledge and experience that satisfy any of the conditions listed in the conditions column of Appended Table 3 in accordance with the subject of the training course or the subject of training listed in the subject column of said table conduct the training courses or training prescribed in paragraph 1 of Article 44, with at least one such person at each establishment.
(iii) A person who controls the affairs of the training courses or training prescribed in paragraph 1 of Article 44 is appointed.
(3) The provisions of paragraphs 2 and 4 of Article 46 of the Industrial Safety and Health Act shall apply mutatis mutandis to the registration set forth in paragraph 1 above, and the provisions of Articles 47-2 through 49, paragraphs 1, 2 and 4 of Article 50, Article 52, Article 52-2, Article 53 (excluding item 4; the same shall apply hereafter in this paragraph), and Article 53-2 shall apply mutatis mutandis to a person registered pursuant to the provisions of paragraph 1 above who conducts the training courses or training prescribed in paragraph 1 of Article 44 (hereinafter referred to as the "Registered Training Institution"). In this case, the term "this Act or ordinances thereunder" in item 1, paragraph 2 of Article 46 of the same Act shall be deemed to be replaced with "this Act or the Working Environment Measurement Act, or orders thereunder", the term "the registry book of the registered inspection at the time of manufacture, etc. agency" in item 4 of said Article shall be deemed to be replaced with "the registry of the Registered Training Institutions", the term "the group mentioned in paragraph (1)" in item 4 of the same paragraph shall be deemed to be replaced with "the type of the training course prescribed in Article 5 of the Working Environment Measurement Act or training prescribed in paragraph 1 of Article 44 of the same Act", the term "the Minister of Health, Labour and Welfare" in the provisions of Article 47-2, paragraph 1 of Article 48, Article 49, paragraph 4 of Article 50, and Articles 52 and 53 of the same Act shall be deemed to be replaced with "the Minister of Health, Labour and Welfare or the Director of the Prefectural Labour Bureau", the term "of manufacturing inspection, etc." in Articles 48 and 49, and paragraph 2 of Article 50 of the same Act shall be deemed to be replaced with "of the training course prescribed in Article 5 of the Working Environment Measurement Act or the training prescribed in paragraph 1 of Article 44 of the same Act", the term "Article 123" in paragraph 1 of Article 50 of the same Act shall be deemed to be replaced with "Article 57 of the Working Environment Measurement Act", the term "each item of paragraph 3 of Article 46" in Article 52 of the same Act shall be deemed to be replaced with "each item of paragraph 2 of Article 32 of the Working Environment Measurement Act", the term "Article 47" in Article 52-2 of the same Act shall be deemed to be replaced with "paragraph 6 or 7 of Article 32 of the Working Environment Measurement Act", the term "of manufacturing inspection, etc." in the same Article and Articles 53 and 53-2 of the same Act shall be deemed to be replaced with "the training course prescribed in Article 5 of the Working Environment Measurement Act or the training prescribed in paragraph 1 of Article 44 of the same Act", the term ", for a fixed period not exceeding six months" in Article 53 of the same Act shall be deemed to be deleted, the term "Articles 47 to 49, paragraph 1 or 4 of Article 50, or paragraph 2 of Article 103" in item 2 of the same Article shall be deemed to be replaced with "Articles 47-2 through 49, paragraph 1 or 4 of Article 50 of this Act or paragraph 6 or 7 of Article 32, or Article 43 of the Working Environment Measurement Act", and the term "each item of paragraph 2, or each item in paragraph 3, of Article 50" in item 3 of the same Article as "each item in paragraph 2 of Article 50".
(4) Unless the registration is renewed within each of the period of five to ten years specified by Cabinet Order, it shall expire by lapse of time.
(5) The provisions of paragraph 2, and paragraphs 2 and 4 of Article 46 of the Industrial Safety and Health Act shall apply mutatis mutandis to renewals prescribed in the preceding paragraph. In this case, "the registry book of the registered manufacturing inspection, etc. agencies" in item 4 of said Article shall be deemed to be replaced with "the registry book of the Registered Training Institution".
(6) Unless there is a justifiable grounds, a Registered Training Institution shall prepare a plan for each business year regarding the implementation of training courses or training prescribed in paragraph 1 of Article 44 pursuant to the provisions of the Ordinance of the Ministry of Health, Labour and Welfare, and conduct the training courses or training prescribed in the same paragraph in accordance with said plan.
(7) A Registered Training Institution shall conduct the training courses or training prescribed in paragraph 1 of Article 44 fairly and in accordance with the provisions of Article 19 or paragraph 6 of Article 44.
Section 4 Designated Registration Institutions
Article 32-2 (1) The Minister of Health, Labour and Welfare shall entrust the execution of business related to the registration (hereinafter referred to as "registration affairs" in this article, Article 45 and Article 55) set forth in Article 7 (except the business related to the rescission of the registration and issuance of the order pursuant to the provisions of Article 12) to the person who is designated after screening the applications for designation.
(2) The Minister of Health, Labour and Welfare shall not implement the registration affairs when he/she entrusts the registration affairs to the person who have been designated pursuant to the provision of the preceding paragraph (hereinafter referred to as "designated registration institution".).
(3) With regard to the application of the provisions of paragraph 1 of Article 8 and paragraph 1 of Article 9 when the designated registration institution executes the registration affairs, "the Ministry of Health, Labour and Welfare" in paragraph 1 of Article 8 and "Minister of Health, Labour and Welfare" in paragraph 1 of Article 9 shall both be read as "the designated registration institution prescribed in paragraph 2 of Article 32-2."
(4) The provisions of Section 2 (except Articles 20 and 24) shall apply mutatis mutandis to the designated registration institution. In this case, the term "examination affairs and" in item 1, paragraph 1 of Article 21 shall be deemed to be replaced with "the business related to the execution of the registration prescribed in Article 7 (except the business related to the rescission of the registration and issuance of the order pursuant to the provisions of Article 12) (hereinafter referred to as "registration affairs")and", the term "examination affairs about" as "registration affairs about"; the term "properly and reliably implement the examination affairs" as "properly and reliably implement the registration affairs"; the term "examination affairs" in item 2, paragraph 1 and item 3, paragraph 2 of the said article, paragraphs 1 and 2 of Article 22, paragraph 2 of Article 23, paragraphs 1 and 2 of Article 25, Article 27, Article 28, paragraph 1 of Article 29, Article 30 and Article 31 as "registration affairs"; the term "rules of the examination affairs" in paragraph 2 of Article 23, Article 25 and item 5, paragraph 1 of Article 30 as "rules of the registration affairs"; the term "staff (including an examiner)" in Article 27 as "staff"; the term "this Section" in item 2, paragraph 1 of Article 30 as "this Section (except Articles 20 and 24)"; and the term "paragraph 2 of Article 23 and paragraph 4 of Article 24" in item 4 of the said paragraph as "paragraph 2 of Article 23."
Chapter III Working Environment Measurement Agency
(Working Environment Measurement Agency)
Article 33 (1) Any person wishing to become a working environment measurement agency shall, obtain the registration in the working environment measurement agencies list concerning the following items, as provided for by the Ordinance of the Ministry of Health, Labour and Welfare;
(i) Registration date and number.
(ii) Name and address, and the name of the representative if the applicant is a juridical person.
(iii) Any other matters provided by the Ordinance of the Ministry of Health, Labour and Welfare.
(2) The Minister of Health, Labour and Welfare or the Director of the Prefectural Labour Bureau shall not register unless the application for registration of Working Environment Measurement Agency satisfies the standard provided by the Ordinance of Ministry of Health, Labour and Welfare.
(Application, Mutatis Mutandis)
Article 34 (1) The provision of paragraph 2 of Article 46 of the Industrial Safety and Health Act shall apply mutatis mutandis to the registration set forth in paragraph 1 of the preceding Article, and the provisions of paragraphs 1 and 2 of Article 47, and paragraph 4 of Article 50 and Article 54-5 shall apply mutatis mutandis to the working environment measurement agency. In this case, the term "this Act or ordinances thereunder" in item 1, paragraph 2 of Article 46 of the same Act shall be deemed to be replaced with "this Act or the Working Environment Measurement Act, or orders thereunder", the term "Article 53" in item 2 in said paragraph shall be deemed to be replaced with "Article 35-3 of the Working Environment Measurement Act", the term "preceding two items" in item 3 of said paragraph shall be deemed to be replaced with "item 1", the term "manufacturing inspection, etc." in paragraph 1 of Article 47 of the same Act shall be deemed to be replaced with "working environment measurement pursuant to the provisions of paragraph 2 of Article 3 of the Working Environment Measurement Act", the term "manufacturing inspection, etc." in paragraph 2 of said Article shall be deemed to be replaced with "working environment measurement in accordance with a request from other persons", the "inspector" shall be deemed to be replaced with "the working environment measurement expert as provided for by the Ordinance of the Ministry of Health, Labour and Welfare", the term "profit-and-loss statement or a settlement of accounts statement and a business report for each business year pursuant to the provision of paragraph 1 and submit them" in paragraph 4 of Article 50 of the same Act shall be deemed to be replaced with "prepare a business report for the current business year and submit it", and the term "the items of paragraph 2 of Article 54-3" in paragraph 1 of Article 54-5 of the same Act shall be deemed to be replaced with "each of the items in paragraph 2 of Article 46 that apply mutatis mutandis in paragraph 1 of Article 34 of the Working Environment Measurement Act".
(2) The provisions of Articles 8 to 10, paragraph 2 of Article 12 and Articles 13 and 19 shall apply mutatis mutandis to the working environment measurement agency. In this case, the term "the working environment measurement experts list" in Article 8 shall be deemed to be replaced with "the working environment measurement agencies list", the term "the Ministry of Health, Labour and Welfare" in paragraph 1 of the same Article shall be deemed to be replaced with "the Ministry of Health, Labour and Welfare or the Prefectural Labour Bureau", the term "Article 7" in paragraphs 1 and 3 of Article 9 and Article 10 shall be deemed to be replaced with "paragraph 1 of Article 33", the term "to item 4" in paragraph 1 of Article 9 shall be deemed to be replaced with "and item 3", the term "the Minister of Health, Labour and Welfare" in paragraphs 1, 3 and 4 of Article 9, Article 10, paragraph 2 of Article 12 and Article 13 shall be deemed to be replaced with "the Minister of Health, Labour and Welfare or the Director of the Prefectural Labour Bureau", the term "together with the documents testifying to items 2 to 4 of Article 7, the applicant's photograph, and the passing certificates and completion certificate of training course prescribed in Article 16 which the applicant has passed and completed (or documents serving as such certificates in the case of the applicant approved to satisfy the requirements of the Ordinance of the Ministry of Health, Labour and Welfare as provided for by Article 5)" in paragraph 2 of Article 9 shall be deemed to be replaced with "together with documents testifying to items 2 and 3 in paragraph 1 of Article 33", the term "the working environment measurement expert registration certificate" in Article 10 shall be deemed to be replaced with "the working environment measurement agency registration certificate", the term "suspend the working environment measurement services at the designated workplaces or to stop using the title for a certain fixed period of time" in parts other than those enumerated in paragraph 2 of Article 12 shall be deemed to be replaced with "suspend the whole or part of the working environment measurement services", the term "paragraph 1 of Article 4, the preceding article or paragraph 4 of Article 44" in item 2 of the same paragraph shall be deemed to be replaced with "paragraph 2 of Article 4", the term "the working environment measurement services (including the case where the expert participates in such measurement services as implemented by the working environment measurement agency)" in item 5 of the same paragraph shall be deemed to be replaced with "the working environment measurement services", and the term "subjects of the examination, application for registration and other required matters related to the examination, training course and registration (including the working environment measurement expert registration certificate)"in Article 19 shall be deemed to be replaced with "application for registration or other required matters related to the registration (including the working environment measurement agency registration certificate)".
(Operational Rules)
Article 34-2 (1) The working environment measurement agency shall establish rules concerning the business related to working environment measurement (hereinafter referred to as "operational rules" in this article) and notify the operational rules to the Minister of Health, Labour and Welfare or the Director of the Prefectural Labour Bureau without delay as provided for by the Ordinance of the Ministry of Health, Labour and Welfare. The same shall apply to any change thereof.
(2) The Minister of Health, Labour and Welfare or the Director of the Prefectural Labour Bureau may order to change the operational rules, when they find that the operational rules notified pursuant to the preceding paragraph is inappropriate to fairly implement working environment measurements.
(3) The matters to be prescribed in the operational rules shall be prescribed by the Ordinance of the Ministry of Health, Labour and Welfare.
(Confidentiality Obligation, etc.)
Article 35 An officer and a staff (including a working environment measurement expert who is concurrently a working environment measurement agency) of a working environment measurement agency and persons who held such a post shall not divulge or misappropriate any secret concerning the working environment measurement service.
(Notification for Suspension or Abolition, etc., of Service)
Article 35-2 When a working environment measurement agency abolish the business of working environment measurement or suspend the whole or part of it, the agency shall notify the Minister of Health, Labour and Welfare or the Director of the Prefectural Labour Bureau without delay, as provided for by the Ordinance of the Ministry of Health, Labour and Welfare. The same shall apply when resuming the whole or part of the suspended business of working environment measurement.
(Rescission of Registration, etc.)
Article 35-3 (1) When a working environment measurement agency falls under item 1 or 3 in paragraph 2 of Article 46 of the Industrial Safety and Health Act that applies mutatis mutandis in paragraph 1 of Article 34, the Minister of Health, Labour and Welfare or the Director of the Prefectural Labour Bureau shall rescind said agency's registration.
(2) When a working environment measurement agency falls under any of the following items, the Minister of Health, Labour and Welfare or the Director of the Prefectural Labour Bureau may either rescind said agency's registration or order it to suspend the whole or part of its business of working environment measurement for a certain fixed period of time:
(i) When a working environment measurement agency is found not to satisfy the standards set forth in paragraph 2 of Article 33;
(ii) When a working environment measurement agency violates the provisions of the preceding Article or paragraph 1 or 2 of Article 47 or paragraph 4 of Article 50 of the Industrial Safety and Health Act as applied mutatis mutandis pursuant to paragraph 1 of Article 34;
(iii) When a working environment measurement agency conducts working environment measurement not in accordance with the operational rules notified pursuant to the provisions of paragraph 1 of Article 34-2; or
(iv) When a working environment measurement agency violates the order pursuant to the provision of paragraph 2 of Article 34-2.
(Japan Association for Working Environment Measurement)
Article 36 (1) A general incorporated association whose official title includes the description of "Japan Association for Working Environment Measurement" may only be established when it has articles of incorporation prescribing that its members shall be working environment measurement experts and working environment measurement agencies for the purpose of conducting business on a nationwide basis concerning guidance and liaison for its members, in order to contribute to maintain the dignity of working environment measurement experts, as well as the progress and improvement of service provided by working environment measurement experts and working environment measurement agencies throughout the country.
(2) The provision regarding the articles of incorporation prescribed in the preceding paragraph may not be changed.
(3) When a general incorporated association set forth in paragraph 1 (hereinafter referred to as the "Association") has been established, it shall notify the Minister of Health, Labour and Welfare of the fact, together with a copy of the certificate of registered matters and the articles of incorporation within two weeks from the date on which the general incorporated association was established.
(4) The business of the Association shall be subject to supervision by the Minister of Health, Labour and Welfare.
(5) The Minister of Health, Labour and Welfare may, whenever he/she finds it necessary to secure the proper conduct of business by the Association, either inspect the status of such business and assets of the Association or order the Association to conduct necessary supervision in connection with such business.
(Restriction on the Use of Name)
Article 37 (1) A person who is not a working environment measurement agency shall not use the name "Working Environment Measurement Agency" or any other similar names.
(2) No person other than the Association shall use the "Japan Association for Working Environment Measurement" in their name.
Chapter IV Miscellaneous Provisions
(Chief of Labour Standards Office and Labour Standards Inspector)
Article 38 The Chief of the Labour Standards Office and the Labour Standards Inspector shall take charge of the business concerning the enforcement of this Act as provided for by the Ordinance of the Ministry of Health, Labour and Welfare.
(Authority of Labour Standards Inspectors)
Article 39 (1) The labour standards inspector may, when he/she finds it necessary for enforcing this Act, enter into the workplace, question the persons concerned, and inspect records, documents and other articles.
(2) In the case referred to in the preceding paragraph, the Labour Standards Inspector shall carry an identification card certifying his status and show it to the persons concerned.
(3) The authority of spot inspection prescribed in the provisions of paragraph 1 shall not be construed as being granted for the purpose of criminal investigation.
Article 40 In regard to the crime of violation of provisions of this Act, the Labour Standards Inspector is authorized to execute the duty of a judicial police officer prescribed in the Code of Criminal Procedure (Act No. 131 of 1948).
(Authority of the Minister of Health, Labour and Welfare)
Article 41 (1) The Minister of Health, Labour and Welfare or the Director of the Prefectural Labour Bureau may, when he/she finds it necessary to ensure the proper operation of the business of the working environment measurement agency, designated testing institution, registered training institution or designated registration institution, have their officials enter into the office, question the people concerned and inspect records, documents and other articles related to the business, or remove without compensation the specimens or other articles related to the business of the working environment measurement agency within the limit necessary for the inspection.
(2) The provisions of paragraphs 2 and 3 of Article 39 shall apply mutatis mutandis to spot inspection prescribed in the provisions of the preceding paragraph.
(Report, etc.)
Article 42 (1) The Minister of Health, Labour and Welfare, the Director of the Prefectural Labour Bureau, the Chief of the Labour Standards Office or the Labour Standards Inspector may, when they finds it necessary for enforcing this Act, order employers to report necessary matters or appear in person as provided for by the Ordinance of Ministry of Health, Labour and Welfare.
(2) The Minister of Health, Labour and Welfare, the Director of the Prefectural Labour Bureau, or the Chief of the Labour Standards Office may, when they find it necessary for enforcing this Act, order the working environment measurement agency, designated testing institution, registered training institution or designated registration institution, or working environment measurement expert to report necessary matters as provided for by the Ordinance of Ministry of Health, Labour and Welfare.
(Preservation of Documents, etc.)
Article 43 The working environment measurement agency, designated testing institution, registered training institution or designated registration institution shall, as provided for by the Ordinance of Ministry of Health, Labour and Welfare, prepare and preserve books and documents related to the matters concerning to working environment measurement, the examination, training course or training set forth in paragraph 1 of the next Article or registration set forth in Article 7 as provided for by the Ordinance of Ministry of Health, Labour and Welfare.
(Instructions for Training)
Article 44 (1) The Director of the Prefectural Labour Bureau may, when he/she finds it necessary to secure the proper conduct of implementation of working environment measurement, instruct a working environment measurement expert to receive training provided by a person registered with the Minister of Health, Labour and Welfare or the Director of the Prefectural Labour Bureau (hereinafter referred to as "training" below) for a certain fixed period of time.
(2) If a working environment measurement expert is employed by an employer or a working environment measurement agency, the instructions set forth in the preceding paragraph shall be issued to said employer or agency.
(3) The employer or the working environment measurement agency to which the instructions set forth in the preceding paragraph were issued shall make the said working environment measurement expert receive the training within the period pertaining to said instructions.
(4) The working environment measurement expert instructed to receive the training pursuant to the provisions of paragraph 1 or 2 shall receive the training within the period pertaining to said instructions.
(5) The training shall be conducted on the subjects of training listed in Appended Table 4.
(6) In addition to what is provided for in the foregoing paragraphs, procedures for receiving the training or other required matters related to the training shall be prescribed by the Ordinance of the Ministry of Health, Labour and Welfare.
(Application for Examination for Disposition, etc. executed by Designated Testing Institution, etc.)
Article 45 With respect to disposition concerning the examination affairs executed by the designated testing institution or the registration affairs executed by the designated registration institution, or to inaction of such disposition, an examination under the Administrative Appeal Acts (Act No. 160 of 1962) may be applied to the Minister of Health, Labour and Welfare.
Article 46 (Deleted)
(Assistance by the Government)
Article 47 The Government shall endeavor to provide materials and data, develop measurement methods, disseminate results, and offer other required assistance, in order to improve the quality of working environment measurement experts and ensure proper business of working environment measurement agencies and registered training institutions,.
(Conditions for Registration, etc.)
Article 48 (1) Conditions may be attached to the registration (except registration pursuant to the provisions of Article 5 or paragraph 1 of Article 44; the same shall apply to the next paragraph), designation or permission pursuant to the provisions of this Act, and may be altered.
(2) The conditions set forth in the preceding paragraph shall be limited to the minimum necessary for sure implementation of the matters pertaining to said registration, designation or permission and shall not impose any undue obligation on the person obtaining said registration, designation or permission.
(Fees)
Article 49 (1) The following persons shall, as prescribed for by Cabinet Order, pay the fees prescribed by Cabinet Order by taking actual cost into consideration to the State (to the designated testing institution in the case of one who intends to take the examination conducted by said agency or request reissuance of the passing certificate, to the designated registration institution in the case of one who intends to obtain registration conducted by said agency or request reissuance or renewal of the working environment measurement expert registration certificate).
(i) A person who intends to take the examination.
(ii) A person who intends to receive the renewal of registration set forth in Article 5 or paragraph 1 of Article 44.
(iii) A person who intends to receive a training course or training (limited to one conducted by the Director of the Prefectural Labour Bureau).
(iv) A person who intends to obtain registration set forth in Article 7.
(v) A person who intends to obtain reissuance or renewal of the working environment measurement expert registration certificate or the working environment measurement agency registration certificate.
(vi) A person who intends to obtain reissuance of passing certificate or completion certificate of training course (limited to reissuance of completion certificate of training courses conducted by the Director of the Prefectural Labour Bureau).
(2) The fees paid to the designated testing institution or the designated registration institution pursuant to the provisions of the preceding paragraph shall be the income of each institution.
(Public Notice)
Article 49-2 The Minister of Health, Labour and Welfare or the Director of the Prefectural Labour Bureau shall publicly notify any of the following events as provided for by the Ordinance of the Ministry of Health, Labour and Welfare:
(i) When he/she registered pursuant to the provisions of Article 5 or paragraph 1 of Article 44.
(ii) When he/she received notification pursuant to the provisions of Article 47-2 or Article 49 of the Industrial Safety and Health Act, as applied mutatis mutandis pursuant to paragraph 3 of Article 32.
(iii) When he/she rescinded the registration or suspend the whole or part of the business related to the training course or training pursuant to the provisions of Article 53 of the Industrial Safety and Health Act , as applied mutatis mutandis pursuant to paragraph 3 of Article 32.
(iv) When the Director of the Prefectural Labour Bureau conducts the business of training courses or training by himself/herself pursuant to the provisions of Article 53-2 of the Industrial Safety and Health Act as applied mutatis mutandis pursuant to paragraph 3 of Article 32, or stops conducting the business of training courses or training that he had been conducting by himself/herself.
(Transitional Measures)
Article 50 When an order is established, revised or abolished pursuant to the provisions of this Act, necessary transitional measures (including the transitional measures concerning penal provisions) may be provided by the said order within the scope deemed reasonably necessary in connection with such establishment, revision or abolition.
(Delegation to the Ordinance of the Ministry of Health, Labour and Welfare)
Article 51 In addition to what is provided for in this Act, necessary matters related to the enforcement of this Act shall be prescribed by the Ordinance of the Ministry of Health, Labour and Welfare.
Chapter V Penal Provisions
Article 52 A person who has violated the provisions of paragraph 1 of Article 27 (including the cases where applied mutatis mutandis pursuant to paragraph 4 of Article 32-2) or Article 35 shall be punished by imprisonment with work for a term not exceeding one year or a fine not exceeding 1,000,000 yen.
Article 53 When there is a violation of the order to suspend the business pursuant to the provision of paragraph 1 of Article 30 (including the cases where applied mutatis mutandis pursuant to paragraph 4 of Article 32-2), Article 53 (except item 4) of the Industrial Safety and Health Act as applied mutatis mutandis pursuant to paragraph 3 of Article 32, paragraph 2 of Article 12 as applied mutatis mutandis pursuant to paragraph 2 of Article 34, or paragraph 2 of Article 35-3, the officer or the staff of the designated testing institution, the registered training institution or the designated registration institution, or the officer or the staff of the working environment measurement agency (including the working environment measurement expert who is a working environment measurement agency), who perpetrated the violation, shall be punished by imprisonment with work for a term not exceeding one year or a fine not exceeding 1000,000 yen.
Article 54 A person who falls under any of the following items shall be punished by a fine not exceeding 500,000 yen:
(i) A person who has violated the provisions of Articles 3, 18 or 37 or paragraph 3 of Article 44.
(ii) A person who has violated the order pursuant to the provisions of paragraph 2 of Article 12.
(iii) A person who has rejected, obstructed or evaded the entry and inspection pursuant to the provision of paragraph 1 of Article 39, or refused to answer or given false answers to questions pursuant to the provision of said paragraph.
(iv) A person who has failed to report, as provided for in paragraph 1 of Article 42, or has made false report or refused to appear.
Article 55 When there is a violation under any of the following items, the officer or the staff of the designated testing institution, the registered training institution or the designated registration institution, or the officer or the staff of the working environment measurement agency (including the working environment measurement expert who is a working environment measurement agency), who perpetrated the violation, shall be punished by a fine not exceeding 500,000 yen:
(i) When he/she abolishes the whole of business related to examination affairs without obtaining the permission set forth in paragraph 1 of Article 29.
(ii) When he/she doesn't make a notification under the provision of Article 49 of the Industrial Safety and Health Act as applied mutatis mutandis pursuant to paragraph 3 of Article 32, or made a false notification.
(iii) When he/she abolishes the whole of business related to registration affairs without obtaining the permission set forth in paragraph 1 of Article 29 as applied mutatis mutandis pursuant to paragraph 4 of Article 32-2.
(iv) When he/she fails to notify pursuant to the provision of Article 35-2, or make a false notification, in the case he/she abolishes the whole of business of the working environment measurement.
(v) When he/she rejects, obstructs or evades the entry, inspection or removal pursuant to the provisions of paragraph 1 of Article 41 or refuses to answer or gives a false answer to the question pursuant to the provisions of said paragraph.
(vi) When he/she fails to report, as provided for in paragraph 2 of Article 42, or makes false report.
(vii) When he/she fails to prepare or keep books or documents, as provided for in Article 43, or makes a false record on books or documents set forth in the same Article.
Article 56 When a representative of a juridical person or an agent, an employee or any other worker of a juridical person or individual has done a violation set forth in Article 54 with regard to the business of said juridical person or individual, not only the offender shall be punished but also said juridical person or individual shall be punished by the fine prescribed in the same Article.
Article 56-2 Where there is a violation under any of the following items, the director, auditor or liquidator of the Association, who perpetrated the violation, shall be punished by a non-penal fine not exceeding 500,000 yen:
(i) When he/she fails to notify pursuant to the provision of paragraph 3 of Article 36, or makes a false notification.
(ii) When he/she rejects, obstructs or evades inspection pursuant to the provisions of paragraph 5 of Article 36 or violates an order pursuant to the provisions of said paragraph.
Article 57 Any person who, in violation of the provisions of paragraph 1 of Article 50 of the Industrial Safety and Health Act as applied mutatis mutandis pursuant to paragraph 3 of Article 32, has failed to keep the financial statements, etc., failed to record necessary items or made a false record in the financial statements, etc., or has refused without justifiable grounds the requests pursuant to the provisions of paragraph 2 of Article 50 of the same Act as applied mutatis mutandis pursuant to paragraph 3 of Article 32 shall be punished by a non-penal fine not exceeding 200,000 yen.
Appended Table 1 (Re: Art.15-2)
|Training course|Subject of training course|
|Class-1 Working Environment Measurement Expert Training Course|(i) Practice of industrial health management|
|(ii) Practice of designing and sampling to be made for the working environment|
|(iii) Practice of analyses (including analytical research; the same shall apply hereinafter) to be made on the working environment at the designated workplace|
|Class-2 Working Environment Measurement Expert Training Course|(i) Practice of industrial health management|
|(ii) Practice of designing and sampling to be made for the working environment|
Appended Table 2 (Re: Art. 32)
|Training course or Training|Machinery, equipment, and other facilities|
|Class-1 Working Environment Measurement Expert Training Course & Training|(i) Sampler, particle-size separator, relative concentration measuring instrument, and gas detector tube|
|(ii) Any of the machinery, equipment, and other facilities listed as follows:|
|(a) X-ray diffractometer, phase-contrast microscope, and crystalline silica content measuring instrument with gravimetric analysis|
|(b) Radiological monitor and radiation spectrometer|
|(c) Spectrophotometer, gas chromatograph, and atomic absorption photometer|
|Class-2 Working Environment Measurement Expert Training Course|Sampler, particle-size separator, relative concentration measuring instrument, and gas detector tube|
Appended Table 3 (Re: Art. 33)
(i) Class I Working Environment Measurement Expert Training Course & Training|Subject|Conditions|
|Practice of industrial health management|(i) A person who graduated from a university, etc. after completing a regular course of science, and has at least three years of experience thereafter in the practice of industrial health management.|
|(ii) A person possessing knowledge and experience equivalent to or superseding those of the person listed in the preceding item.|
|Practice of designing and sampling to be made for the working environment|(i) A person who graduated from a university, etc. after completing a regular course of science, and has at least five years of experience thereafter in the practice of working environment measurement.|
|(ii) A person possessing knowledge and experience equivalent to or superseding those of the person listed in the preceding item.|
|Practice of analyses to be made on the working environment at the designated workplace|(i) A person who graduated from a university, etc. after completing a regular course of science, and has at least five years of experience thereafter in the practice of working environment measurement at the designated workplace.|
|(ii) A person possessing knowledge and experience equivalent to or superseding those of the person listed in the preceding item.|
(ii) Class II Working Environment Measurement Expert Training Course|Subject|Conditions|
|Practice of industrial health management|(i) A person who graduated from a university, etc. after completing a regular course of science, and has at least three years of experience thereafter in the practice of industrial health management.|
|(ii) A person possessing knowledge and experience equivalent to or superseding those of the person listed in the preceding item.|
|Practice of designing and sampling to be made for the working environment|(i) A person who graduated from a university, etc. after completing a regular course of science, and has at least five years of experience thereafter in the practice of working environment measurement.|
|(ii) A person possessing knowledge and experience equivalent to or superseding those of the person listed in the preceding item.|
Appended Table 4 (Re: Art. 44)
(i) Practice of industrial health management
(ii) Practice of designing and sampling to be made for the working environment
(iii) Practice of analyses to be made on the working environment at the designated workplace