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Asbestos Convention, 1986 (No. 162) - Japan (Ratification: 2005)

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

Articles 19 and 21 of the Convention. Prevention of pollution of the general environment by asbestos dust released from the workplace. The Committee previously noted the observations of the Japan Trade Union Confederation JTUC–RENGO concerning adverse health effects on workers who worked at workplaces adjacent to asbestos-contaminated sites, specifically postmen going in and out of such sites. It requested the Government to indicate measures taken, by employers and the competent authority, to ensure the application of Article 19 in that regard.

The Committee notes the Government’s statement that the Air Pollution Control Act applies to demolition, renovation and repair, and refers to the amendments to that Act that require the duty holder to provide notification with respect to activities and undertakings for buildings where asbestos was used. Noting the broad application of the Convention in relation to all activities involving the exposure of workers to asbestos in the course of their work, the Committee requests the Government to provide information on how such workers who have been exposed to asbestos are provided with such medical examinations as are necessary to supervise their health in relation to the occupational hazard, and to diagnose occupational diseases caused by exposure to asbestos. In this regard, the Committee requests the Government to provide information on whether the Asbestos Health Damage Relief Act would be applicable to workers who may have been exposed working adjacent to asbestos contaminated sites.

Observation (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, and the Government’s reply thereto.

Articles 1 and 21 of the Convention. Scope of application and necessary medical examinations. The Committee notes the information provided by the Government in relation to laws imposing obligations to take preventive action to ensure the safety of workers, including seafarers and miners, and including in relation to asbestos. It notes the Government’s indication that notifications issued by the Ministry of Land, Infrastructure, Transport and Tourism provide that mariners who have engaged in work involving exposure to asbestos on board ships who meet certain requirements shall be provided with a personal health record for mariners, at the time of their separation from their service or thereafter, and accordingly be subject to a medical examination at medical institutions. The Government states that the requirements for the issuance of the personal health record for mariners are determined using the requirements for personal health records prescribed in the Industrial Safety and Health Act as a reference. The Government indicates that the number of mariners to whom the Convention applies was, as of 2013, 74,892. It indicates that from 2010 to 2014, 14 violations were detected by seafarers’ labour inspectors related to education and training on safety and sanitation (section 11 of the Regulations for Labour, Safety and Sanitation of Mariners) and two related to protective gear (section 45 of the Regulations). It also notes the Government’s indication that the number of confirmed cases of insurance benefits for lung cancer and mesothelioma caused by asbestos, under the Mariners Insurance Act, during the reporting period was 51. With respect to miners, the Committee notes that the number of workers to whom the Convention applied was seven, and that there had been no reported cases of violations or cases of occupational diseases. The Committee reiterates its previous request for the Government to indicate the measures taken to apply Article 21 of the Convention to seafarers and miners, including specific information on medical check-ups for such workers as well as the number of personal health records issued for mariners previously exposed.

Articles 15(4), 16, 17(2), 20 and 22. Protective equipment, prevention measures, measurement of the concentration of airborne asbestos dust and information and education. The Committee notes the observations of the JTUC–RENGO that the Government should take the following action concerning asbestos in the recovery and reconstruction work following the earthquake of 2011: education in occupational safety and health and measures to prevent industrial accidents in order to prevent asbestos exposure; strengthening guidance and supervision to ensure the use of necessary protective equipment and clothing to protect against asbestos exposure; the regular measurement of the concentrations of airborne asbestos dust and the publication of the results of such measurements; and, in managing demolition and removal work for buildings and structures which may contain asbestos, the carrying out of thorough asbestos exposure prevention measures with respect to workers and persons using those structures. The Committee notes the Government’s statement, in reply to these observations, that the Ministry of Health, Labour and Welfare has been raising awareness, providing guidance and undertaking inspections concerning occupational safety and health laws. This includes the Ordinance on the Prevention of Health Impairment due to Asbestos, which requires that employers provide special occupational safety and health education to workers assigned to perform work involving asbestos and take measures to prevent exposure to asbestos. The Government also indicates that it has amended this Ordinance, to strengthen the protection provided to workers who work in buildings that contain asbestos. With respect to the workers engaged in restoration and reconstruction following the earthquake in 2011, the Government indicates that it distributed respiratory protective equipment to workers in the areas affected. It also measured the concentrations of asbestos fibres in workplaces, and reported those measurements to an experts’ meeting, and subsequently strengthened supervision activities. The Committee requests the Government to continue to provide information on the measures taken to protect workers engaged in restoration and reconstruction against health hazards due to occupational exposure to asbestos. It further requests the Government to provide a copy of the amended Ordinance on the Prevention of Health Impairment due to Asbestos.

Articles 17 and 19(2). Demolition work and measures to prevent pollution. The Committee previously noted the observations of the JTUC–RENGO that the Government did not properly supervise the application of legislation concerning demolition sites, and that debris and building materials containing asbestos were not properly separated from crushed rock for recycling. The Government, in reply, recognized the importance of the issue and indicated that the Ministry of Health, Labour and Welfare and the prefectural labour bureaus would conduct joint inspections of demolition sites and that three ministries were cooperating to ensure an improved application of the relevant laws and regulations.

The Committee notes the Government’s statement that, in the past, there had been cases where asbestos was emitted into the atmosphere from demolition sites and that preliminary investigations to determine if asbestos was used in building materials had been poorly performed. As a result, the Air Pollution Control Act was amended in 2013 to impose the obligation on a contractor undertaking demolition work to carry out preliminary investigations and determine if asbestos was used in the building. The contractor is required to provide a report in writing on the matter to the owner of the building, who is then obliged to submit a written notification to the governor of the prefecture. The governor of the prefecture may then order the owner to change the plan of activities. The Prefectural Labour Bureaus and the Labour Standard Inspection Offices, when they receive information on demolition work of buildings by means of notification, can undertake on-site inspections and provide guidance to contractors of demolition work to strictly comply with the obligations with respect to asbestos. In addition, the Ministry of Health, Labour and Welfare, the Ministry of Land, Infrastructure, Transport and Tourism, and the Ministry of the Environment continue to work in collaboration with respect to recycled crushed rock contaminated by asbestos. Taking due note of the measures adopted by the Government, the Committee requests the Government to continue to provide information on measures taken with respect to the demolition of structures containing asbestos, including information on the specific measures taken as a result of the collaboration between ministries to address the mixing of asbestos with crushed rock for recycling. It also requests the Government to continue to provide information on the measures taken to prevent pollution of the general environment by asbestos dust released from the workplace, and to provide a copy of the Air Pollution Control Act, as amended in 2013.

Application in practice. The Committee notes the information provided by the Government on the number of cases for which insurance benefits for diseases caused by asbestos was provided under the Industrial Accident Compensation Insurance Act and the Mariners Insurance Act, as well as the number of cases related to asbestos for national public employees, local public service employees and miners. The Government also indicates that the number of violations of the Ordinance on the Prevention of Health Impairment due to Asbestos detected during inspections in 2013 was 219 with respect to health criteria, one regarding the work environment measures, and 13 regarding medical examinations. The Committee requests the Government to continue to provide information on the manner in which the Convention is applied in practice, including statistical data on the activities of labour inspection services (number of visits, violations identified and, particularly, the sanctions imposed), the number and nature of diseases caused by asbestos, and the measures, taken or envisaged, to address the causes of such diseases.

Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes the Government’s report and the legislation attached including the Supplementary Provisions of Mining Safety Law as Amended in 2004 (Law No. 94 of 2004), and the information that the 2006 ban of manufacturing, importing, transferring, providing and using asbestos is provided for in section 55 of the Industrial Safety and Health Act and section 16 of its Order for Enforcement and that subsequently, the Regulations for Equipment of Ships were amended in 2006, prohibiting the use of materials containing asbestos on ships. Furthermore, it also notes that the Government indicates that even before these amendments, it ensured compliance with the International Convention for the Safety of Life at Sea (SOLAS Convention) which prohibits the new installation of materials which contain asbestos on all ships. The Committee notes the information provided regarding effect given to Articles 14, 15(2) and (3) of the Convention. The Committee further notes the comments from the Japanese Trade Union Confederation (JTUC-RENGO) attached to the report and the Government’s response thereto. The Committee requests the Government to continue to provide information on relevant laws and regulations giving effect to the Convention.

Article 1 of the Convention. Scope of application. The Committee notes that the Government indicates that, in terms of past exposure, it is currently estimated (up to 30 June 2010) that there are 696 retired seafarers and seven miners which have been engaged in work involving exposure to asbestos. The Government is requested to indicate measures taken to apply the Convention, in particular the provisions of Article 21, to the seafarers and miners at issue.

Article 17. Demolition work. The Committee notes the JTUC-RENGO’s comments that while national legislation in this area has been properly developed, the Government does not properly supervise their application in practice and that, at demolition sites, debris and building materials containing asbestos are not properly separated from crushed rock for recycling. The Committee notes that the Government in its response recognizes the importance of the issues raised by JTUC-RENGO and that it has taken the appropriate measures, including the intention of the Ministry of Health, Labour and Welfare (MHLW), together with the prefectural labour bureaus, to conduct joint inspections of demolition sites; and through a cooperation agreement between the MHLW, the Ministry of Land, Infrastructure and Transportation, and the Ministry of the Environment that these three ministries will jointly ensure an improved application of relevant laws and regulations. The Committee requests the Government to continue to report on measures taken to ensure a proper application of laws and regulations giving effect to this Article of the Convention.

Article 19. Prevention of pollution of the general environment by asbestos dust released from the workplace. Article 21. Medical check-ups of workers exposed to asbestos. The Committee notes the JTUC-RENGO’s comments concerning adverse health effects on workers who worked at workplaces adjacent to the asbestos-contaminated sites, specifically postmen going in and out of such sites and – with reference to Article 21 – the need to follow-up on their health through medical check-ups. The Committee notes the response from the Government that the situations referred to by JTUC-RENGO did not concern workers engaged in work directly related to handling asbestos, but that workers who are exposed to asbestos during their work which causes a health impairment are, in principle, entitled to receive work-related accident compensation and that, in addition, those who are not covered by the work-related accident compensation insurance system, i.e. self-employed workers and residents in the affected area, may be subject to the Act on Asbestos Health Damage Relief. The Committee notes that the situation to which the JTUC-RENGO refers seems to fall outside the scope of the application of Article 21 but would rather be covered by provisions in Article 19 requiring that the competent authority and the employers to take appropriate measures to prevent pollution of the general environment by asbestos dust released from the workplace. The Committee requests the Government to indicate measures taken, by employers and the competent authority, to ensure application of Article 19 of the Convention and to indicate whether the referenced Act on Asbestos Health Damage Relief would be applicable in these situations.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

Article 1 of the Convention. Scope of application. The Committee notes the very detailed first report submitted by the Government including information regarding the effect given to the Convention in relation to seafarers and miners. The Committee is aware that Japan has introduced a ban on the production and use of products containing asbestos in 2006. Against this background, the Committee requests the Government to clarify whether and to what extent the seafarers and miners are engaged in any form of activities which would render the Convention relevant as far as these categories of workers are concerned. The Committee would also appreciate it if the Government would transmit relevant legislation regarding the ban introduced in 2006 and how it is applied in practice.

Article 14. Labelling of containers and packages of products containing asbestos. To the extent that this requirement might still be relevant in the country, the Committee requests the Government to provide additional information on the effect given to the requirement for producers and suppliers to label containers and packages of products containing asbestos.

Article 15, paragraph 2. Periodical review of the exposure limits or other exposure criteria. The Committee requests the Government to provide additional information on the effect given to the requirement periodically to review the exposure limits and other exposure criteria in the light of technological progress and advances in technological and scientific knowledge.

Article 15, paragraph 3. The Committee notes that, in the context of the application of this provision, the Government refers to provisions requiring that periodical inspections be carried out in places where dust is generated. The Committee requests the Government to clarify whether the dust referred to in the provisions at issue is dust containing asbestos.

Part V of the report form. The Committee notes the information provided and references made by the Government in its report to periodical inspections carried out in 2005, 2006 and 2007. The Committee requests the Government to continue to provide statistical data over longer periods of time to enable an appreciation of the trends, and to supply copies of any inspection reports referred to.