(Injury Prevention Regulations)
Article 28. The manufacturer shall, in order to prevent occurrence of disaster, draw up an injury prevention regulations and get an approval therefor from the Minister of International Trade and Industry. The same shall apply in case he changes the regulations.
2 The Minister of International Trade and Industry shall not give the approval under the preceding paragraph when the injury prevention regulations are not in conformity with the technical standards under Article 7 items (1) and (2) or when he deems that the regulations are not proper for the prevention of disasters.
3 The Minister of International Trade and Industry may give order to revise the injury prevention regulations when he deems it necessary for the prevention of disasters.
4 The manufacturer and his employees shall abide by the injury prevention regulations.
(Education for Maintenance of Safety)
Article 29. The manufacturer, the dealer, and the consumer shall, to their employees, give education necessary for the prevention of disasters arising from explosives.
(Responsible Supervisor of Explosives Manufacture and Responsible Supervisor of Explosives Handling)
Article 30. The manufacturer shall, according to the classification prescribed in the Ministry of International Trade and Industry Ordinance, appoint a responsible supervisor of explosives manufacturing (hereinafter referred to as "the supervisor of manufacturing" ) from among the persons who have the license for the supervisor of manufacturing under the following Article and let him supervise safety in connection with the manufacturing operation of explosives.
2 The owner or possessor of a magazine or the consumer of explosives in quantities above that stipulated by Ministry of International Trade and Industry Ordinance shall, according to the classification prescribed by Ministry of International Trade and Industry Ordinance, appoint the responsible supervisor of explosives handling (hereinafter referred to as "the supervisor of handling" ) from among the persons who have the license for responsible supervisor of handling under the following Article and let him supervise safety in regard to storage or use of explosives.
3 When the manufacturer, the owner or possessor of magazines, or the consumer under the preceding paragraph has appointed the responsible supervisor of manufacture or the responsible supervisor of handling under the provision of paragraph 1 or the preceding paragraph he shall report the fact to the Minister of International Trade and Industry or the governor of To, Do, Fu or prefecture. The same shall apply in the case of releasing him from the office.
(Licenses of Responsible Supervisor of Manufacturing and of Responsible Supervisor of Handling)
Article 31. The license for the responsible supervisor of explosives manufacturing shall be divided into class A license for responsible supervisor of explosives manufacturing, class B license for responsible supervisor of explosives manufacturing, and class C license for responsible supervisor of explosives manufacturing.
2 The license for the responsible supervisor of explosives handling shall be divided into class A license for responsible supervisor of explosives handling and class B license for responsible supervisor of explosives handling.
3 The class A license for responsible supervisor of explosives manufacturing and the class B license for responsible supervisor of explosives manufacturing shall be given to those who passed the examination given by the Minister of International Trade and Industry, and the class C license for responsible supervisor of explosives manufacturing, the class A license for responsible supervisor or explosives handling and class B license for responsible supervisor of explosives handling shall be given to those who passed the examination given by the governor of To, Do, Fu or prefecture.
4 In case the holders of the licenses for responsible supervisor of explosives manufacturing and the licenses for responsible supervisor of explosives handling have violated this Law or the Ministerial Ordinances based on this Law, the Minister of International Trade and Industry or the governor of To, Do, Fu or prefecture may order them to return their licenses.
5 The matters relating to the subjects, procedure, and other detail of the examination under paragraph 3 and matters relating to the procedure for the delivery and return of the license for the responsible supervisor of explosives manufacturing and license for the responsible supervisor of explosives handling shall be provided for by the Ministry of International Trade and Industry Ordinance.
(Duty of Responsible Supervisor of Manufacturing, Etc.)
Article 32. The responsible supervisor of manufacturing and the responsible supervisor or handling of explosives shall discharge their duties faithfully.
2 The person who handles explosives shall abide by the instructions of the responsible supervisor of manufacturing and the responsible supervisor of handling, when they give such insturctions in order to secure the execution of this Law, or Ministerial Ordinance based on this Law or the injury prevention regulations.
(Person Acting for Responsible Supervisor)
Article 33. The manufacturer shall, according to the classification prescribed by Ministry of International Trade and Industry Ordinance, appoint an acting responsible supervisor of manufacturing from among the holders of the license for the responsible supervisor of explosives manufacturing and let him act in place of the responsible supervisor of manufacture in case the latter is unable to do his duty on account of travel, illness or other reasons.
2 When the manufacturer has appointed the acting responsible supervisor of manufacturing under the preceding paragraph he shall report the fact to the Minister of International Trade and Industry. The same shall apply in case of releasing him from the office.
3 In case the acting responsible supervisor under paragraph 1 acts in place of the responsible supervisor of manufacturing, he shall be regarded as the responsible supervisor of manufacture in the execution of the provisions of this Law and the Ministerial Ordinances based on this Law.
(Order for Release from Office of the Responsible Supervisor of Manufacturing, Etc.)
Article 34. In case the supervisor of manufacture or the acting supervisor of manufacturing or the supervisor of handling has violated the provisions of this Law or Ministerial Ordinances based on this Law, or he is deemed unsuitable for the job in maintaining safety, the Minister of International Trade and Industry may order the appointer or his successor to release the supervisor of manufacture or the person acting in his place or the supervisor of handling from his office.
(Safety Inspection)
Article 35. The manufacturer or the owner or possessor of magazines shall receive the safety inspection which shall be conducted periodically every year by the Minister of International Trade and Industry on the manufacturing establishment of which there may be the danger of explosion or combustion of explosives and which is prescribed by Ministry of International Trade and Industry Ordinance or on magazines.
2 The safety inspection under the preceding paragraph shall be conducted to see whether manufacturing establishment or magazine is in conformity with the technical standards under Article 7 item (1) or Article 12 paragraph 2.
(Stability Test)
Article 36. The person who has imported explosives or the person who possesses manufactured explosives which passed the duration as stipulated by Ministry of International Trade and Industry Ordinance shall perform a stability test of the explosives and shall report the results thereof to the governor of To, Do, Fu or prefecture.
2 The Minister of International Trade and Industry or the governor of To, Do, Fu or prefecture, when he deems it necessary for the prevention of disaster, may give order to the owner of explosives to perform the stability test under the preceding paragraph.
(Disposition of Inferior Explosives)
Article 37. In case owner of explosives found some explosives which does not meet the technical standards as prescribed by Ministry of International Trade and Industry Ordinance as the result of the stability test under the preceding Article he shall discard such explosives.
(Prohibition of Mixed Packing, Etc. Explosives)
Article 38. The explosives shall not be packed together with other things nor they shall be possessed, carried or sent for shipment by anyone through the means of the sham packing.
(Actions and Reports in Time of Danger)
Article 39. In case a magazine is in dangerous state due to neighbouring fire or other circumstances or explosives send forth smoke or offensive smell or presented themselves an unusual state in their stability, the owner or possessor of the magazine or explosives shall take the emergency steps as stipulated by Ministry of International Trade and Industry Ordinance.
2 Anyone who has discovered the conditions under the preceding paragraph shall immediately report the fact to the governor of To, Do, Fu or prefecture, policeman, or police officials.
(Prohibition of Smoking, Etc.)
Article 40. At an explosives manufacturing plant or magazine, no smoking shall be done by everyone at places other than designated by the manufacturer or owner or possessor of magazine nor fire shall be handled in such places.
2 No one shall enter an explosives manufacturing plant or magazine with combustible object without having the consent of the manufacturer or the owner or possessor of the magazine.
(Books)
Article 41. The manufacturer, the dealer and the owner or possessor of magazines shall keep books and keep the record of the matters as prescribed by Ministry of International Trade and Industry Ordinance relative to the manufacture, sales and receipts and disbursements.
(Collection of Reports)
Article 42. The Minister of International Trade and Industry may when he deems in neccessary for the prevention of disaster or maintenance of public safety, cause the manufacturer, dealer, or owner or possessor of magazines to make report on their business.
(On-the-spot Inspection, Etc.)
Article 43. In case the Minister of International Trade and Industry or the governor of To, Do, Fu or prefecture deems it necessary for the prevention of disaster or maintenance of public safety, he may cause his official to enter the plant, shop, magazine, place of consumption, or keeping place of the manufacturer, dealer, consumer, or custodian of the explosives and examine their books, documents and other things, ask questions of the persons concerned or take explosives with him, in the minimum amount necessary, for the test.
2 The member of the National Rural Police and municipal police, or the marine safety official, when he deems it specially necessary for the prevention of injuries or damages on human life, person or property, may enter into a magazine, keeping place, manufacturing place or place of consumption of explosives and ask questions of the persons concerned.
3 The official under the preceding two paragraphs shall carry with him the identification cards showing his status, and in case they are requested by the persons concerned, shall show it.
4 The on-the-spot inspection under the provision of paragraph 1 or 2 shall not be conducted in any way as to interfere with the business or obstruct the movements of the persons concerned, also it shall not be interpreted as being authorized for criminal investigations.
(Revocation of Permission, Etc.)
Article 44. In case the manufacturer or the dealer falls under any one of the following items, the Minister of International Trade and Industry may revoke the permission under Article 3 or Article 5, or give orders to suspend the business by fixing the length of the period:
(1) In case one has violated the provisions of Article 11 paragraph 1, Article 13, Article 18, Article 23 paragraph 2, Article 30 paragraph 1 or paragraph 2, or Article 38;
(2) In case one has carried on, without permission, the matters for which the permission is requested in accordance with provision of Article 10 paragraph 1, Article 12 paragraph 1, or Article 24 paragraph 2;
(3) In case one has used the manufacturing equipment of explosives or magazine without receiving a completion inspection under the provisions of Article 15;
(4) In case one has exported explosives without making report under the provisions of Article 24 paragraph 1;
(5) In case one has failed to execute the stability test under the provisions of Article 36 paragraph 1;
(6) In case one has violated the provisions of Article 9 paragraph 3, Article 11 paragraph 3, Article 14 paragraph 2, Article 28 paragraph 3, Article 34, Article 36 paragraph 2 or disregarded the order under item (1) of the following Article or the prohibition or limitation under item (2) of the same Article;
(7) In case one has become to fall under the provisions of Article 6 items (2) to (4) inclusive;
(8) In case one has violated the conditions under Article 48 paragraph 1.
(Emergency Measures)
Article 45. When the Minister of International Trade and Industry (or the Minister of Transportation with respect to the transportation by railway, street-car, ropeway, trolly-bus, motorcar, light vehicle and vessel) deems it necessary for the prevention of disaster or maintenance of public safety, he may take the following measures:
(1) Giving orders to the manufacturer, dealer, or consumer to suspend temporarily the use of the whole or a part of the manufacturing equipment or magazine;
(2) Giving orders to manufacturer, dealer, consumer and others who handle explosives to suspended or restrict temporarily their manufacture, sale storage, transportation or consumption;
(3) Giving orders to the owner or the possessor explosives to change the place of storage of explosives or to condemn them.