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Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

The Committee notes the observations made by the Japanese Trade Union Confederation (JTUC–RENGO) submitted with the Government’s report.
Articles 3(1), 4(1) and 4(3)(b) of the Convention. The Committee notes the information provided by the Government in reply to its previous requests concerning Article 3(1), on the coherence of the different national occupational safety and health policies, Article 4(1), on the periodic review of the national occupational safety and health system, and, with respect to public employees and workers in the mining sector, and Article 4(3)(b), on information and advisory services on occupational safety and health. The Committee requests the Government to continue to provide information on any developments in this regard.
Article 4(2)(c). Mechanisms for ensuring compliance with national laws and regulations, including systems of inspection. The Committee notes the observations of the JTUC–RENGO alleging an insufficient number of labour inspectors in the country. The Committee requests the Government to provide statistical data relating to inspections in all sectors of the labour market, the results of these inspections including preventative and other measures adopted for the improvement of occupational safety and health. The Committee also requests the Government to refer to its comments made under the Labour Inspection Convention, 1947 (No. 81).
Article 4(2)(d). Cooperation between management, workers and their representatives. The Committee notes the statement of the JTUC–RENGO, in its observations submitted with the Government’s report under the Hygiene (Commerce and Offices) Convention, 1964 (No. 120), that while the Industrial Safety and Health Act requires the establishment of a safety and health committee as a consultative body in commercial and retail workplaces with 50 or more employees, this only constitutes 2 per cent of all such workplaces. The JTUC–RENGO requests that the size of workplaces for which the establishment of a safety and health committee is required be changed from 50 to 30 or more employees. The Committee notes the Government’s response that, while the establishment of a safety and health committee in small workplaces is not required, employers are required under the Industrial Safety and Health Act to establish opportunities to listen to the opinion of workers. Accordingly, although it is not through safety and health committees, it is possible for employers and workers to cooperate and discuss safety and health issues. The Committee requests the Government to provide further information on arrangements to promote cooperation on occupational safety and health issues between management, workers and their representatives in enterprises of fewer than 50 workers.
Article 4(3)(f). Collection and analysis of OSH data and collaboration with insurance and social security schemes. Application in practice. The Committee previously noted that information submitted from employers on industrial accidents and cases of disease was collected in the Labour Standards Administrative Information System. It also noted the legislative requirements concerning the reporting of accidents for workers in the mining sector and for seafarers. The Committee notes the information provided by the Government in its report concerning the reporting of accidents involving public employees to the National Personnel Authority. It also notes the Government’s statement that, through the analysis of occupational accidents, it identifies industries for which focused measures should be taken. The Committee requests the Government to continue to provide information on its system for the collection and analysis of occupational safety and health data. The Committee also requests the Government to provide further information on collaboration undertaken with insurance and social security schemes in this regard. It requests the Government to provide information collected related to the application of the Convention in practice, including statistical data on the number, nature and cause of occupational accidents and cases of occupational disease reported.
Article 5(1) and (2)(d). Formulation, implementation, monitoring, evaluation and periodic review of a national programme on occupational safety and health, in consultation with the social partners, and objectives, targets and indicators of progress. The Committee notes with interest the information provided by the Government concerning the adoption of several sectoral programmes on occupational safety and health, in consultation with representatives of workers and employers. Particularly, the Government indicates that the 12th Industrial Accident Prevention Plan was announced in February 2013, which was formulated on the basis of tripartite discussions, and focuses on reducing industrial accidents, taking into account the outcome of the 11th Industrial Accident Prevention Plan. Its target is to reduce the number of deaths or injuries due to industrial accidents by at least 15 per cent. The Government also indicates that the 10th Basic Plan for Prevention of Seafarers’ Accidents for 2013–17 was adopted on the basis of an analysis of the current trends of occupational accidents and cases of occupational disease in that sector. The Government further indicates that the 12th Mining Industrial Accident Prevention Plan was made public in 2013, taking into account the outcome of the 11th Plan. This Plan was discussed by the Central Mine Safety Council, which includes representatives of the holders of mining rights and representatives of miners. The Committee requests the Government to continue to provide information in relation to any developments in this regard.

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

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.
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