Country Profile Japan 2003 ILO occupational safety and health standards

Transcription

1 Country Profile Japan 2003 ILO occupational safety and health standards General information Conventions ratified Underground Work (Women) Convention, 1935 (No. 45) Radiation Protection Convention, 1960 (No. 115) Guarding of Machinery Convention, 1963 (No. 119) Hygiene (Commerce and Offices) Convention, 1964 (No. 120) Occupational Cancer Convention, 1974 (No. 139) Labour Inspection Convention, 1947 (No. 81) Title(s) of principle national law(s) and/or regulation(s) in the area of OSH Industrial Safety and Health Law (Law No. 57 of June ) last amended by Law No. 91 of May 31, 2000 (ISH Law) Labour Standards Law (Law No. 49 of 1947) Enforcement Order of the Industrial Safety and Health Law, Cabinet Order No. 318, August 19, 1972 (Order No. 318) Ordinance on Industrial Safety and Health, Ministry of Labour Ordinance No. 32 of September 30, 1972, last amended by Ordinance No. 212 of November 16, 2001 (Ordinance No. 32) Ordinance on Health Standards in the Office, Ministry of Labour Ordinance No. 43 of September 30, 1972, last amended by Ministry of Labour Ordinance No. 32 of October 1, 1997 Mine Safety Law (Law No. 70 of 1949) Ordinance on Prevention of Lead Poisoning, Special Ordinance of September 30, 1972, Ministry of Labour Ordinance No. 37 Ordinance on Prevention of Tetraalkyl Lead Poisoning, Ministry of Labour Ordinance No. 38 of September 30, 1972 last amended by Ministry of Labour Ordinance No. 41 of October 31, 2000 Ordinance on Prevention of Hazards Due to Specified Chemical Substances, Ministry of Labour Ordinance No. 39 of September 30, 1972 Ordinance on Prevention of Ionizing Radiation Hazards Ministry of Labour Ordinance No. 41 of September 30, 1972, last amended by Ministry of Health, Labour and Welfare Ordinance No. 172 of July 16, 2001 Useful links Ministry of Health, Labour and Welfare: Japan International Centre for Occupational Safety and Health (includes English translations of OSH legislation): National Institute of Industrial Health: National Institute of Industrial Safety:

2 1. The existence of a national OSH policy formulated, implemented and reviewed on a tripartite basis. 2. Coverage of national OSH legislation Selfassessment /No Comment A national OSH policy: a) Exists and is implemented ISH Law, article 6 stipulates that the Minister of Health, Labour and Welfare shall, after hearing the opinion of the Central Labour Policy Council, establish a Program which shall provide for the main measures for preventing industrial accidents and other important matters related to the prevention of industrial accidents (hereinafter referred to as "Industrial Accident Prevention Program".) b) Has been formulated in consultation with the most representative Employers and Workers organizations c) Is subject to periodic The current plan ( ) is the tenth if these reviewed plans. National OSH legislation ISH Law, article 2 covers all branches of Labour Standards Law, articles 89 economic activity National OSH legislation covers all categories of workers Existence of specific provisions for other branches of activity or occupational hazards Existence of exclusions from the application of OSH provisions in whole or in part of branches of economic activity, or of specific categories of workers ISH Law, article provides that the Law (excepting the provisions of Chapter II) shall not apply to the maintenance of safety in a mine under the provisions of paragraphs 2 and 4 of Article 2 of the Mine Safety Law or to the Mariners covered by the Mariners Law (Law No. 100 of 1947). National OSH legislation includes provisions applicable to the following branches of economic activity: a) Construction Ordinance No. 32, Volume II, Chapter VII XII b) Commerce and offices Ordinance on Health Standards in the Office, No

3 Selfassessment /No Comment c) Agriculture The Japanese Trade Union Confederation ed that the application of OSH polices in the agricultural industry was backwards compared to other industries. For example, enterprises with less than four employees are exempted from joining the insurance scheme, which is otherwise obligatory, for the compensation of industrial accidents d) Mines ISH Law, article 114 Mine Safety Law (Law No. 70 of 1949) e) Major hazard installations National OSH legislation includes provisions concerning the following occupational hazards: a) Air pollution b) Noise c) Vibration d) Ionising radiations ISH Law, articles 6, 21 and 22 Order No. 318, Table 2 Ordinance on Prevention of Ionizing Radiation Hazards, No. 41 of 1972 e) Chemicals ISH Law, Chapter V, section 2, Hazardous substances Ordinance on Prevention of Hazards Due to Specified Chemical Substances (No. 39) f) Carcinogenic substances ISH Law, Chapter V, section 2, Hazardous and agents substances g) Asbestos ISH Law, Chapter V, section 2, Hazardous substances h) Benzene and products of ISH Law, Chapter V, section 2, Hazardous benzene substances i) Lead ISH Law, articles 6, 21 and 22 Order No. 318, Tables 4 and 5 Ordinance on Prevention of Lead Poisoning (No. 37) Ordinance on Prevention of Tetraalkyl Lead Poisoning (No. 38) j) Machinery ISH Law, Chapter V, section 1 Order No. 318, articles 10, 1215 and Tables 7 and 8 Ordinance No. 32, Volume II, Chapters I, II

4 3. Existence of national preventive and protective OSH measures Selfassessment /No Comment k) Manual lifting ISH Law, article 21, 35 Ordinance No. 32, Volume II, Chapter VII Existence of technical OSH rules and measures, in particular: a) The identification and ISH Law, article 573, 574, 58 determination of occupational Order No. 318, article 184, Table 1 hazards b) The prohibition, limitation or other means of control of exposure c) The assessment of risks and levels of exposure d) Prohibition or limitation of use of hazardous processes, machinery and equipment and hazardous chemical, physical and biological agents e) The specification of exposure limits and related criteria including periodic revision and updating of exposure limits f) The surveillance and monitoring of the working environment g) The replacement of hazardous chemicals and processes by less hazardous ones h) The notification of hazardous work and the related authorization and control requirements Order No. 318, article 16 lists the prohibited substances ISH Law, article 65 Order No. 318, article 21 Working Environment Measurement Law, Law No. 28 of May 1, 1975, last amended Law No. 160 of December 22, 1999 Working Environment Evaluation Standards, Ministry of Labour Notification No. 79 of September 1, 1988 ISH Law, Chapter V (machinery) and articles 22, 55. Yellow phosphorus matches, benzidine, preparations containing benzidine and other substances which inflict serious health impairment upon workers provided for by Cabinet Order shall not be manufactured, imported, transferred, provided or used Ordinance No. 32, Table II Direct request, 2000, C115, Arts. 3.1 and 6.2 ISH Law, article 65 Order No. 318, article 21 Working Environment Measurement Standards, Ministry of Labour Notification No. 46 of April 22, 1976 ISH Law, article 56

5 4. Existence of national OSH infrastructures i) The classification and labeling of hazardous chemicals and the provision of related data sheets j) The provision and use of personal protective equipment k) Safe methods for the handling, collection, recycling, and disposal of hazardous waste l) Working time arrangements (such as hours of work and rest periods, etc.) m) Adaptation of work installations, machinery, equipment and processes to the physical and mental capacities of the workers, taking ergonomic factors into account? n) Design, construction, layout and maintenance of workplaces and installations o) Design, construction, layout, use, maintenance, testing and inspection of machinery, tools and equipment p) The provision of adequate welfare facilities (such as drinking water and sanitary eating and changing facilities) Existence of: a) Competent authority(ies) responsible for OSH Selfassessment /No Comment ISH Law, article 57 (label), 572 (documentation) Order No. 318, article 18, 182 and Table 9 Ordinance No. 32, Volume III, Chapter II Waste Management and Public Cleansing Law Cabinet Order of Waste Management and Public Cleansing Ordinance No. 32, Volume III, Chapter III ISH Law, article 654 ISH Law, article 62 ISH Law, articles 3(3), 23, 34 Order No. 318, article 11 ISH Law, articles 3(2), 20(1), 33, 3754 Order No. 318, articles 10, 1215 and Tables 7 and 8 Ordinance No. 32, Volume II, Chapter I ISH Law, article 70 (physical exercise facilities) and 71 (measures for the creation of a comfortable work environment) Ordinance No. 32, Volume III b) A system of inspection ISH Law, Chapter X Labour Standards Law, articles Ordinance No. 32, Volume I, Chapter IX c) Occupational health services 5. Capacity and National OSH infrastructures are: ISH Law, article 13 states that, dependant on the size of the workplace, the employer is to appoint an Industrial Physician to provide health care for workers. Direct request, 1999, C120, Art. 6.1

6 functioning of national OSH infrastructures 6. Notification and recording of occupational accidents and diseases 7. Occupational health a) Provided with adequate resources b) Equipped with qualified and trained staff c) To establish measures for the dissemination and provision of information on OSH matters d) To establish measures for training and education on Selfassessment /No Comment OSH matters. The existence of measures for the recording and notification of occupational accidents and diseases including: a) The establishment and keeping of records of occupational accidents and diseases b) Notification of occupational accidents and diseases to the competent authorities c) Investigation into occupational accidents and diseases. d) Compilation and periodic publication of statistics on occupational accidents and diseases ISH Law, articles 75, 82 and 83 contain criteria for the qualification of health and safety consultants. The Institute for Safety and Health Qualifying Examination is the designated testing institution ISH Law, article 101 ISH Law, articles 7277 Order No. 318, article 19 Ordinance No. 32, Volume I, Chapter VII ISH Law, article 103 Ordinance on Prevention of Ionizing Radiation Hazards, No. 41 of 1972, article 43 ISH Law, article 10(4) Statistics can be found on the Japan International Centre for Occupational Safety and Health website Existence of national mechanisms and/or measures: a) For health surveillance ISH Law, articles 6669 Order No. 318, article 23 b) For regular medical examinations c) The provision of first aid and emergency treatment Ordinance No. 32, Volume I, Chapter VI ISH Law, article 10(3), 66 Order No. 318, article 22 Ordinance No. 32, Volume III, Chapter IX Labour Standards Law, article 75 provides that in the case of an occupational accident or illness, the employer is to provide medical treatment to the worker free of charge.

7 8. Existence of measures for consultation, cooperation and communication at all levels 9. Existence of enforcement mechanisms d) Emergency preparedness and rescue Measures to ensure consultation, cooperation and coordination on OSH between: a) The various competent authorities and services? b) The competent authorities and employers and workers organizations? c) The employers and workers and their representatives within the enterprise a) Existence of mechanisms for the imposition of appropriate penalties in cases of infringement of laws and regulations b) Empowerment of the competent authorities to suspend, restrict or prohibit work where there is a serious threat to the health and safety of workers, until appropriate corrective measures have been implemented? Selfassessment /No Comment Ordinance on Prevention of Ionizing Radiation Hazards, No. 41 of 1972, Chapter V (articles 42 45) ISH Law, article 109 Labour Standards Law, article 98 provides for the establishment of a Labour Standards Investigative Council, composed of an equal number of person representing employers, workers and the public interest. ISH Law, article 3 According to the Japanese Trade Union Confederation workplaces with less than 50 employees are exempted from establishing a safety and health committee (SHC). As a result, 98% of all the workplaces nationwide, or 65% of all the workers, are not covered by the SHC system. ISH Law, article 1719 Order No. 318, articles 89 provide that in certain industries safety, health or safety and health committees are to be established in enterprises with 50 or more workers. ISH Law, Chapter XII, Penal Provisions Labour Standards Law, articles ISH Law, article Employer Employer responsibilities include: responsibilities General duty ISH Law, article 3 states that the employer shall comply with the minimum standards for preventing industrial accidents, and endeavor to ensure the safety and health of workers in workplaces. Direct request, 2000, C115, Art. 13 Direct request, 1999, C120, Art. 5

8 11. Workers rights and responsibilities a) Establishment of OSH policies and procedures to implement the preventive and protective measures prescribed by national law and practice b) Monitoring and inspection of the workplace, processes, machinery, tools equipment and other material elements of work c) Establishment of emergency response plans and procedures d) Provision of information to workers and their representatives concerning occupational hazards e) Education and training of workers Selfassessment /No Comment ISH Law, article 78 stipulates that the Director General of the Prefectural Labour Bureau may instruct the employer to formulate a safety and health improvement program. Under the Law, the employer is to set up an occupational safety and health management system for the workplace. In order to implement this, and depending on the size of the enterprise, the employer is to select a Safety and Health Manager, a Safety Officer and a Health Officer to implement OSH measures in the workplace (articles 1012) ISH Law, article 65 f) Taking of appropriate remedial action after any accident g) Establishment of a mechanism for consultation and cooperation on OSH matters between employers where there is more than one employer in a workplace or work site Workers rights and responsibilities include: ISH Law, article 25 ISH Law, article 10(2), 19(2), 252(2), 5961, 992. For certain hazardous operations designated by Cabinet Order such as operations within high pressure rooms, the employer shall appoint a Operations Chief who has been appropriately trained (article 14) Ordinance No. 32, Volume I, Chapter IV ISH Law, article 10(4) ISH Law, article 5 (two or more employers), 15 and 2930 (two or more contractors)

9 12. Workers representatives rights and responsibilities a) Access to information relevant to OSH held by the competent authorities and the employer b) Being kept informed on workplace hazards and consulted on related OSH measures c) Participation in inspection and monitoring activities and the review of OSH measures d) Selection of a worker safety representative e) Removing themselves from danger in case of imminent and serious risk to their health f) Being protected from disciplinary measures due to actions taken in accordance with OSH requirements g) Incurring no personal cost for the implementation of OSH measures including training and the provisions of personal protective equipment h) Cooperation with the employer and compliance with OSH measures i) Taking reasonable care of their personal safety and that of others in the workplace j) Making proper use of personal protective equipment k) Immediate reporting to the supervisor of any situation presenting a threat to safety Selfassessment /No Comment No Rights and responsibilities of workers representatives include: a) Access to information on OSH matters held by the competent authorities and the employer ISH Law, article 97(1) provides that a worker may report to the competent authority and shall not be discriminated for doing so by the employer ISH Law, article 97(2) ISH Law, article 4, 26

10 13. Responsibilities of designers, producers, importers and suppliers b) Participation in inspections, monitoring and investigations related to OSH c) Consultation on OSH matters with the employer d) Cooperation with the Selfassessment /No Comment employer on OSH matters Responsibilities of designers, producers, importers and suppliers include: a) Taking into account of safety and health requirements and concerns in the design, production, importation, supply and disposal processes b) Adequate labeling and marking of products c) Making available to the user of adequate safety and health information on their products ISH Law, article 3(2), 3739, 432, 44, 442, 444, 4648 ISH Law, article 442 ISH Law, article 432