有限会社西原製作所

According to the documents submitted to the prefecture by Yuhgen Kaisha Nishihara Seisakusho, for private-sector steel structure works for which the Construction Business Act Article 26(3) and the Enforcement Order of the Construction Business Act Article 27 require the assignment of a full-time chief technical engineer (or equivalent), the company assigned a “branch office technical engineer” as the chief technical engineer, as provided in Article 7(2) of the Construction Business Act, and also assigned the person as the chief technical engineer at multiple construction sites with overlapping construction periods. The prefecture considers this to violate Article 7(2) and Article 26-5(2) of the Construction Business Act and to correspond to Article 28(1)(ii) of the same Act. The enforcement action is an “instruction” issued by Kochi Prefecture under Construction Business Act Article 28(1). The instruction includes, among other items: (1) conducting checks of business operations to ensure proper assignment of technical personnel so that chief technical engineers or supervising technical engineers required to be full-time under the Construction Business Act do not concurrently serve in a manner that violates the full-time requirement; and, if implementing “rationalization of the full-time obligation of managing technical engineers, etc. and special provisions for the duties of branch office technical engineers,” complying with the concurrent-assignment requirements; (2) promptly informing officers and employees of the details of the violation and the content of the disposition; and (3) preparing and continuously implementing training/education plans to ensure internal compliance with the Construction Business Act and related laws/regulations. The company is also instructed to promptly report in writing the measures taken under each item.