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.