Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187) - Japan (Ratification: 2007)

Other comments on C187

Direct Request

2015
2011

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Article 3(1) of the Convention. Promoting a safe and healthy working environment by formulating a national policy in accordance with the principles in Article 4 of the Occupational Safety and Health Convention, 1981 (No. 155). The Committee notes the information that the measures taken to formulate a safe and healthy working environment are reflected in four different national occupational safety and health (OSH) policies for workers in general, for public officials, for seafarers and for miners, implemented through four separate sets of legislation and four different institutions. The report is silent, however, on how the OSH policies and measures taken for the different categories of workers are coordinated to ensure the required coherence between these national policies on OSH. The Government is requested to provide additional information on how the required coherence is established between the four different national OSH policies formulated and implemented in the country.

Article 4(1). Establishment, maintenance, progressive development and periodical review of the national system on OSH. The Committee notes the detailed information regarding the national OSH systems in the country as reflected in laws and regulations, but that no detailed information is provided on the procedures and mechanisms to progressively develop and periodically review the national OSH system. The Government is requested to provide additional information on measures taken to progressively develop and periodically review the national system.

Article 4(2)(d). Cooperation between management, workers and their representatives. The Committee notes the information provided regarding safety and health committees prescribed for workers in general in the Industrial Safety and Health Act and for seafarers in the Act for Promotion of Activities for Prevention of Seafarers Accidents. The Government is requested to provide further information as regards measures taken to give effect to this provision of the Convention as regards public officials and miners including as regards the “necessary measures” taken to listen to the opinions of public officials with respect to OSH in section 14 of the Rules of the National Personnel Authority.

Article 4(3)(b). Information and advisory services. The Committee notes the detailed information provided regarding the information and advisor services that should be made available to workers in general through the requirements to employ Experts in the labour Bureaus, the Labour Standard Offices and for seafarers through, inter alia, financial assistance offered to specialized organizations such as the Seafarers Accident Prevention Association. The Committee notes the absence of information as regards the effect given to this provision as regards public employees and to miners. The Government is requested to provide further information on information and advisory services on OSH available for national public employees and miners.

Article 4(3)(f). Collection and analysis of OSH data. The Committee notes the information regarding the Labour Standards Administrative Information System which collects and analyzes OSH data based on the reports on death and absence of workers due to industrial accident submitted by employers. It also notes the reference made to Section 73 of the Ordinance for Enforcement of the Seafarers Act which provides for the duty of ship owners to report accidents and absences due to accidents and diseases of seafarers to the Government as well as to the Mine Safety Act which prescribes the duty of holder of a mining right to report major accidents to the Government. The Government is requested to provide further information on the mechanism for the collection and analysis of data on occupational accidents and diseases for public employees and the reasons for limiting the reporting requirements in the mining industry only to major accidents. The Government is also requested to provide further information on the Labour Standards Administrative Information System.

Article 4(3)(g). Insurance and social security schemes for occupational injuries and diseases. According to the Government report, data pertaining to accidents and deaths obtained from insurance systems, etc. in place for use with occupational injuries and diseases has been utilized in analysis, etc. of the status on OSH at national level. The Government is requested to provide further information on the collaboration with relevant institutions in order to collect data on occupational accidents and diseases in the country.

Article 4(3)(h). OSH in micro-enterprises, small- and medium-sized enterprises and in the informal economy. According to information available from public sources including the website of Prefectural Labour Bureaux, there are several programmes and projects regarding occupational safety and health in small- and medium-sized enterprises (SMEs). In addition, the Industrial Accident Prevention Plan specifically prescribes the support to SMEs including technical assistance in risk and hazard assessment, awareness raising, capacity building, information dissemination and promotion of increased collaboration and cooperation. The Government is to provide information on support mechanism for a progressive improvement of occupational safety and health in micro enterprises, small- and medium-sized enterprises including on the impact of the referenced programmes and projects.

Article 5(2)(d). Objectives, targets and indicators of progress. Reference is made to numerous different indicators and targets used in the context of the 11th Industrial Accident and Prevention Plan and of the 9th Basic Plan for prevention of Seafarers Accidents. The Government is requested to provide further information on the indicators of progress used in the context of the four referenced national OSH plans, concerning workers in general, public employees, seafarers and miners and the progress noted in these respects.

Part V of the report form. Application in practice. The Government is requested to provide a general appreciation of the manner in which the Convention is applied in the country and to forward extracts of reports, studies and inquiries, statistical data, etc.