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

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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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.