Observation (CEACR) - adoptée 2015, publiée 105ème session CIT (2016)

Convention (n° 162) sur l'amiante, 1986 - Japon (Ratification: 2005)

Autre commentaire sur C162

Observation

2015
2010

Demande directe

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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.