Chapter 10. Inspection, etc.
Article 88. (Notification of plans, etc.)
• (1) The employer, in the case that the type of industry and the scale of the said workplace come under the provisions of the Cabinet Order, and when intends to construct, install, move, or alter the main structure of, the buildings or machines, etc. (excluding temporary buildings and machines specified by the Ordinance of the Ministry of Health, Labor and Welfare) pertaining to the said workplace, shall notify the plan to the Chief of the Labor Standards Office as provided for by the Ordinance of the Ministry of Health, Labor and Welfare, no later than 30 days prior to the date of commencement of the said work. However this shall not apply to such employers acknowledged by the Chief of the Labor Standards Office as provided for by the Ordinance of the Ministry of Health, Labor and Welfare as to be taking the measures provided for in paragraph (1) of Article 28-2, and other measures specified by the Ordinance of the Ministry of Health, Labor and Welfare.
• (2) The provisions of the preceding paragraph shall apply mutatis mutandis to the employer (excluding the employer under the main clause of the said paragraph) who intends to install, move, or alter the main structure of, such machines, etc., as provided for by the Ordinance of the Ministry of Health, Labor and Welfare, among those which require the dangerous or harmful work, are used in dangerous places or are used for preventing danger or health impairment.
• (3) The employer shall, when intending to commence large-scale work likely to cause serious industrial accidents as provided for by the Ordinance of the Ministry of Health, Labor and Welfare among the work in a construction undertaking, notify the plan to the Minister of Health, Labor and Welfare as prescribed by the Ordinance of the Ministry of Health, Labor and Welfare no later than 30 days prior to the date of commencement of the said work.
• (4) The employer shall, when intending to commence such work in a construction undertaking or in other industries prescribed by Cabinet Order(excluding the work of preceding paragraph prescribed by the Ordinance of the Ministry of Health, Labor and Welfare for construction undertaking) as provided for the Ordinance of the Ministry of Health, Labor and Welfare , notify the plan to the Chief of the Labor Standards Office as prescribed by the Ordinance of the Ministry of Health, Labor and Welfare no later than 14 days prior to the commencement of the said work.
• (5) When drawing up a plan of construction work provided for by the Ordinance of the Ministry of Health, Labor and Welfare among the construction work requiring notification pursuant to the provisions of paragraph (1) (including the case where the said provision is applied mutatis mutandis pursuant to paragraph (2)), a plan of work provided for by the Ordinance of the Ministry of Health, Labor and Welfare provided for in paragraph (3) or a plan of work provided for by the Ordinance of the Ministry of Health, Labor and Welfare among the work requiring the submission of notification pursuant to the provisions of the preceding paragraph, the employer shall have those who have the qualifications provided for by the Ordinance of the Ministry of Health, Labor and Welfare participate in the planning in order to prevent industrial accidents caused by buildings, machines, etc. relating to the said construction work or the said work.
• (6) When the proposed work is to be executed by subcontracts of several levels, the provisions of the preceding three paragraphs (excluding cases where the submission of notification pursuant to the provision of paragraph (1)(including the case where the said provision is applied mutatis mutandis pursuant to paragraph (2)) among the provisions of the preceding paragraph ) shall not be applied to contractors other than the orderer who is to carry out the said work himself/herself and the contractors other than the principal contractor unless the work is carried out by the orderer of the said work.
• (7) In the case of a notification pursuant to the provision of paragraph (1) (including the case where the said provision is applied mutatis mutandis pursuant to paragraph (2)) or paragraph (4) has been submitted to the Chief of the Labor Standards Office or pursuant to the provisions of paragraph (3) has been submitted to the Minister of Health, Labor and Welfare and they find matters relating to each said notification violate the provisions of this Act or ordinances thereunder, they may order the employer who submitted said notification to suspend the commencement of the work pertaining to said notification, or to alter the said plan.
• (8) When the Minister of Health, Labor and Welfare or the Chief of the Labor Standards Office has issued the order pursuant to the provision of the preceding paragraph (such order shall be limited to those issued to the employers who have submitted the notifications pursuant to paragraph (3) or (4)), the Minister of Health, Labor and Welfare or the Chief of the Labor Standards Office may issue the necessary recommendation or request concerning the measures for the prevention of industrial accidents to the orderers of the work (except those who carry out the work themselves) designated by said order whenever necessary.