|
|
|
Regulations on Labour Standards for Women
(Ministry of Labour Ordinance No. 3 of Jan.
27, 1986)
Ministry of Labour Ordinance No. 34 of Nov.
1, 1988
Ministry of Labour Ordinance No. 26 of July 12, 1989
Ministry of Labour Ordinance No. 8 of March 11, 1994
Ministry of Labour Ordinance No. 31 of Sept. 25, 1997
Ministry of Labour Ordinance No. 7 of March 13, 1998 |
Work, Etc., Performed Underground Due to Temporary Necessity
Article 1. The work
prescribed by ordinance of the Ministry of Health, Labour and Welfare
provided for in Article 64-2 of the Labour Standards Law (hereinafter
referred to as the “Law”) shall be as follows:
 |
(1) |
the work of a medical doctor; |
| |
(2) |
the work of a nurse; |
| |
(3) |
the work of reporting as part of the operations of a newspaper or
publisher; |
| |
(4) |
the work of reporting for production of a broadcast program; and |
| |
(5) |
research work in the natural sciences which requires a high level
of scientific knowledge. |
| 2. |
The persons prescribed by ordinance of
the Ministry of Health, Labour and Welfare expectant or nursing mothers
referred to in Article 64-2 of the Law shall be women who are pregnant
and women who have given birth less than one year previously and have
notified the employer that they will not engage in the work performed
underground which is listed in numbered items 1 through 5 of the preceding
paragraph. |
Scope of Work, Etc., Subject to the Limitations on Work
for Expectant or Nursing Mothers
Article 2. The work
in which an employer shall not make a pregnant woman engage provided for
in Article 64-3, paragraph 1 of the Law shall be as follows:
|
(1) |
work involving the handling of heavy materials whose weight equals
or exceeds that shown for the applicable case in the right column
of the following table under the applicable age category shown in
the left column; |
| Age |
Weight
(kilograms) |
In the case of
intermittent work |
In the case of
continuous work |
| Under 16 full years |
12 |
8 |
| 16 full years and over, but under18 full years |
25 |
15 |
| 18 full years and over |
30 |
20 |
|
(2) |
work involving the handling of a boiler (a boiler as provided in
Article 1, numbered item 3 of the Enforcement Ordinance of the Industrial
Safety and Health Law [Cabinet Ordinance No. 318 of 1972]; the same
applies in the following numbered item); |
| |
(3) |
the work of welding a boiler; |
| |
(4) |
the work of operating a crane or derrick whose load is 5 tons or
more or a freight lifting device whose limit load is 5 tons or more; |
| |
(5) |
the work of cleaning, oiling, inspecting, repairing, changing a
belt on a operated motor or a device which transmits power from a
motor to a countershaft; |
| |
(6) |
the work which rope object for a crane, derrick, or freight lifting
device (except support work as part of work performed by at least
two people); |
| |
(7) |
the work of operating power-driven civil engineering machinery,
construction machinery, or ship's cargo-handling machinery; |
| |
(8) |
the work of feeding lumber into a circular sawing machine with a
diameter of 25 centimeters or more (except a crosscut circular sawing
machine or a sawing machine with an automatic feeding device) or a
band sawing machine (except a band sawing machine with an automatic
feeding device) with a diameter of 75 centimeters or more; |
| |
(9) |
the work of shunting, coupling, or uncoupling rail cars within a
marshaling yard; |
| |
(10) |
metal processing work using a press or forging machine driven by
steam or compressed air; |
| |
(11) |
processing work on steel plates with a thickness of 8 millimeters
or more using a power-driven press, shears, or similar device; |
| |
(12) |
the work of feeding materials into a crusher or pulverizer of rocks
or minerals; |
| |
(13) |
work in a place where there is a risk of landslide or cave-in, or
in a hole or pit with a depth of 5 meters or more; |
| |
(14) |
work in a place at a height of 5 meters or more where there is a
risk of the worker being injured by a fall; |
| |
(15) |
the work of assembling, dismantling, or altering scaffolding (except
support work on the ground or floor); |
| |
(16) |
the work of felling standing timber with a diameter of 35 centimeters
or more at chest height; |
| |
(17) |
the work of hauling lumber using a mechanical winch, overhead cable,
or other device; |
| |
(18) |
work in a place where gases of lead, mercury, chromium, arsenic,
yellow phosphorus, fluorine, chlorine, hydrogen cyanide, aniline,
or other equivalent harmful substances, steam, or dust are generated; |
| |
(19) |
work involving the handling of large quantities of very hot materials; |
| |
(20) |
work in an exceptionally hot place; |
| |
(21) |
work involving the handling of large quantities of materials at
low temperature; |
| |
(22) |
work in an exceptionally cold place; |
| |
(23) |
work under abnormal air pressure; and |
| |
(24) |
work using a machine or tool which imparts vibrations to the body
to an exceptional degree, such as a rock drill, riveting machine,
etc. |
| 2. |
The work in which an employer shall not make a woman who has given
birth less than one year previously engage that is provided for in
Article 64-3, paragraph 1 of the Law shall be the work listed in numbered
items 1 through 12 and 15 through 24 of the preceding paragraph; provided,
however, that with regard to the work listed in numbered items 2 through
12, 15 through 17, and 19 through 23 of said paragraph, this provision
shall apply only when a woman who has given birth less than one year
previously has notified the employer that she will not engage in said
work. |
Article 3.
The persons to whom the provisions of Article 64-3, paragraph 1
of the Law may be applied, mutatis mutandis, based on the provisions of
paragraph 2 of the same Article shall be women other than pregnant women
and women who have given birth less than one year previously, and the
work in which these persons shall not be made to engage shall be the work
listed in numbered items 1 and 18 of paragraph 1 of the preceding article.
Equal Employment, Children and Families Bureau investigators
Article 4. The bureau
director in charge of women's labour and the attached personnel designated
by said director provided for in Article 100-2, paragraph 3 of the Law
shall have the title “Equal Employment, Children and Families Bureau
investigator.”
| 2. |
The form of identification to be carried by Equal Employment, Children
and Families Bureau investigators shall be as provided separately. |
|
