Lab laws in Japan

Learn the laws and regulations that require us to perform inspections.

Do you use organic solvents in your laboratory?
Is the organic solvent managed “correctly”? 
 
Are the facilities conducting research with organic solvents "correctly" checked?
 
Is your health being protected?

Do you handle pathogens in the laboratory?
Are the safety cabinets that handle pathogens "correctly" checked to prevent exposure to pathogens?
Is your health being protected?

What is "inspection" in the first place? 
Inspection refers to investigating and diagnosing the faulty parts or malfunction.
 
Regular inspections of facilities and some equipment are required by law to ensure the safety of the experimenters, as with automobile inspections, and are termed as "periodic self-inspection" in the law.

The Industrial Safety and Health Act is a representative law that requires periodic self-inspection. 

The Industrial Safety and Health Act is a law aimed at ensuring the safety and health of workers at work and promoting the creation of a comfortable work environment.
 
It provides comprehensive laws and regulations for the safety and protection of health on the workplace, including health and safety management system, measures to protect workers from danger and health problems, measures to maintain and promote health (safety and health education, etc.), and regulations for the proper use of machines and dangerous or harmful materials.

The Industrial Safety and Health Act applies to universities and other research and educational institutions, and is responsible for managing the environment, health, and safety of workers.

In this section, we will review relevant laws and regulations, including the Industrial Safety and Health Act, for the fume hood and scrubber, as well as other related research equipment.
 
Students are not workers, but they are not exempted from the Safety and Health Act that protect workers' safety and health, and for everyone involved in research.
 

Points to be taken on this page
 

  • Duty of periodic self-inspection (Article 45 of the Industrial Safety and Health Act)

  • Fines (Article 120 of the Industrial Safety and Health Act)

  • Existence of laws and regulations corresponding to each device

 
The three points above will be explained in the following.


1 Purpose of the periodic self-inspection (Article 45 of the Industrial Safety and Health Act)
 
The machines defined by the Ministry of Health, Labor and Welfare should be given regular self-inspections and the results should be recorded as described below.
 

(periodic self-inspection)
Article 45
The employer shall, as provided for by the Ordinance of the Ministry of Health, Labour and Welfare, conduct self inspection 
periodically and keep the records of the result in respect to boilers and other machines, etc., specified by Cabinet Order.(source: http://www.japaneselawtranslation.go.jp/law/detail/?id=1926)
2 The employer shall - when he conductvoluntary inspection as provided for by the Ordinance of the Ministry of Health, Labour and Welfare (hereinafter referred to as "specified voluntary inspection") among self inspectionunder the provisions of the preceding paragraph in respect to machines, etc., as specified by Cabinet Order set forth in the same paragraph - have an employee who has the qualificationprovided for by the Ordinance of the Ministry of Health, Labour and Welfare or one who registered under the provisions of paragraph (1) of Article 54-3 and carries out professional specified self inspection in respect to the said machines, etc., in response to others' requests (hereinafter referred to as
"registered inspection agency") carry it out.
3 (Omitted)
4 (Omitted)

 
The above-mentioned "cabinet order" means " Industrial Safety and Health Act Enforcement Order ", and a list of machines specified in Article 45 of the Safety and Security Act is provided in Article 15 of the Safety and Security Order, including local exhaust system, exhaust gas equipment and centrifuges.

2 Fine(Article 120 of the industrial Safty and Health Act)
What kind of penalties are there if periodic self-inspection is not carried out?
 
The fines are stated in the Industrial Safety and Health Act as in the following.
 

Article 120
person who comes under following itemshall be punished with a penal servitude not exceeding six months, or with a fine not exceeding 500,000 yen:

(Omitted) A person who has violated the provision of Article 45, paragraph 1 or paragraph 2 (omitted)
 

 
Of course, in the event of accidents, or failure of devices or equipment, because self-inspection was not done, other laws and penalties may also apply.
 

3.Availability of laws and regulations corresponding to each device
The following is a list of the availability of laws and regulations corresponding to each devices (as of January 2018). Click on the device name to see more details.

Target device Laws and regulation
Fume Hood Yes annual self-inspection
Scrubber Yes annual self-inspection
Biological safety cabinet Yes annual self-inspection
Autoclave Yes annual self-inspection or more
Centrifuge,Centrifugal concentrator Yes annual self-inspection or more
High-pressure gas and gas detectors Yes annual self-inspection or more
Oxygen(or other gases)concentration meter No periodic inspection is recommended by the manufacturer