Observation (CEACR) - adoptée 2012, publiée 102ème session CIT (2013)

Convention (n° 81) sur l'inspection du travail, 1947 - Japon (Ratification: 1953)

Autre commentaire sur C081

Observation

Demande directe

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The Committee notes the comments made by the Japanese Trade Union Confederation (JTUC–RENGO) in communications dated 2 September 2010 and 26 August 2011 and by the National Confederation of Trade Unions (ZENROREN) in a communication dated 28 September 2010, as well as the Government’s reply to all the above.

Articles 3(1)(b), 5, 13, 14, 16 and 17 of the Convention. Preventive activities of labour inspectors, collaboration with workers’ and employers’ organizations and programming of inspections. The Committee notes that in its comments, the JTUC–RENGO deems the existing preventive activities of the labour inspectorate inadequate and indicates that it has requested the Government within the tripartite Labour Conditions Panel to adopt further regulatory measures that ensure compliance with labour standards and prevent industrial accidents. The JTUC–RENGO also objects to the replacement of the system of industrial accident prevention instructors by a group of experts on safety, health and industrial relations established at the level of prefectural labour offices at the end of the financial year 2010. In its 2011 comments, the JTUC–RENGO claims that the system has yet to be provided with adequate budgetary and material resources.

In its reply to the comments, the Government refers to awareness-raising activities such as the dissemination of pamphlets on national labour standards, including on the revised Industrial Safety and Health Law, and to activities conducted in collaboration with the Industrial Injury Prevention Organization including specialized support provided to small and medium enterprises. The Government further indicates that the incidence of industrial accidents and related workers’ reports are subject to an analysis by the Labour Standards Inspection Organization in order to target inspections and direct guidance for specific workplaces. Inspections are programmed on the basis of a circular, the “Local Administrative Operation Plan” that identifies priority sectors and issues that have to be considered.

With regard to the replacement of the system of industrial accident prevention instructors, the Government indicates that the Ministry has established the Industrial Safety and Health Experts Conference of Labour and Management, operating at the level of Prefectural Labour Offices, which consists of experts who are familiar with the state of worksites and occupational safety and health (OSH) matters, for more effective and efficient administration of OSH-related policies. The Ministry will hear the experts’ opinions on preventive measures against industrial accidents, measures of maintenance and promotion of workers’ health, etc., so that the Conference will be able to take action to achieve its objectives. At the same time, the Ministry will hear the opinions of labour and management organizations for more effective OSH activities. The Government also indicates that it is in the process of setting up a budget for the activities of the Conference.

In this context the Committee notes from the annual inspection reports for 2009 and 2010 that the number of reported casualties increased in 2010 compared to 2009 (by 2,041 workers), whereas in 2009, the number of reported casualties had significantly decreased (by 13,573 workers) compared to casualties reported in 2008. At the same time, the average number of on-site inspections carried out per labour standards inspector increased from 37 inspections in 2009 to 43 inspections in 2011.

The Committee requests the Government to elaborate on the reasons for the reform of the industrial accident prevention system and the composition, structure, mandate and activities of the Conference as well as its impact from the point of view of prevention of industrial accidents (Articles 3(1)(b) and 13). It also requests the Government to indicate how the social partners participate in the activities of the Conference (Article 5(b)).

The Committee asks the Government to provide details on the technical information and advice provided to small and medium enterprises in the field of accident prevention in collaboration with the Industrial Injury Prevention Organization (Articles 3(1)(b) and 5(a)).

The Committee requests the Government to provide information on the follow-up to the concerns expressed by the JTUC–RENGO within the tripartite Labour Conditions Panel as to the effectiveness of preventive activities.

The Committee would be grateful if the Government would provide more information on the manner in which data on industrial accidents are collected as well as any explanations for the fluctuations in these data between 2009 and 2010 (Article 14).

The Committee requests the Government to provide disaggregated data by sector on the various categories of casualties reported, the findings of investigations carried out following industrial accidents, and any measures taken or recommended by labour inspectors to minimize risks, prevent the recurrence of similar incidents and punish any parties guilty of labour law violations (Articles 13, 14 and 17).

It would also be grateful if the Government would describe how data on industrial accidents are introduced into the inspection planning process in accordance with the Local Administrative Operation Plan as indicated by the Government (Article 16).

Article 13. Preventive measures including orders with immediate executory force vis-à-vis the emergency operation of the Nuclear Power Plant Fukushima 1. The Committee notes that the JTUC–RENGO expresses concerns about the working conditions of the workers involved in the emergency operations at the Nuclear Power Plant Fukushima 1 and underlines the lack of mid- to long-term measures to monitor their exposure to radiation and the need for surveillance from the administration and for preventive measures to be taken by the nuclear operator. The Committee notes from the Government’s reply that an on-site survey had been conducted on the plant and that the nuclear operator Tokyo Electric Power Company (TEPCO) was instructed to take measurements of radiation doses, to take corrective measures with a view to complying with the radiation dose limits applicable to emergency workers and to fully enforce preventive measures against heat stroke. It moreover notes that a database for the long-term tracking of the exposure dose and its health effect on workers engaged in emergency works was being set up. The Government also indicates that it took measures under the lead of the “Office on Countermeasures for Health of Workers at TEPCO Fukushima 1 Nuclear Power Plant”, which has been set up within the Ministry of Health, Labour and Welfare. The Committee would be grateful if the Government would provide further information in relation to the mid- to long-term measures taken by the labour inspection in order to monitor the exposure to radiation of the workers involved in the emergency operations at the Nuclear Power Plant Fukushima 1 as well as any follow-up by the operator on advice and instructions given by the labour standards inspectors.

In view of the serious and urgent nature of the matter, the Committee would appreciate information on the measures taken under the lead of the Office on Countermeasures for Health of Workers at TEPCO Fukushima 1 Nuclear Power Plant for the supervision of the application of laws on safety and health of workers.

Articles 5(b), 6, 10, 11 and 16. Reorganization of labour standards inspection offices and reduction in the number of newly recruited labour inspectors. Status and conditions of service of labour inspectors.

Reorganization of inspection offices. The Committee notes the Government’s reply to its previous comments in relation to the reduction of the number of labour standards inspection offices throughout the country following a reorganization. According to the Government, consultations on specific plans for this reorganization had taken place with the social partners within the tripartite Labour Policy Council, and with the workers and employers of the regions affected by the reorganization. Elements taken into account in the framework of the reorganization included “changing demands for administrative bodies” and transport considerations when selecting the offices subject to reorganization. The Committee notes that JTUC–RENGO and ZENROREN expressed their opposition to the restructuring in their 2010 comments. The Committee requests the Government to provide details on the outcome of the consultations which took place with the social partners on the reorganization of inspection offices and to indicate the specific factors taken into consideration in this framework, including clarifications as to the “changing demands for administrative bodies” mentioned by the Government. It also requests the Government to indicate the impact of the reorganization on the application of Article 11 of the Convention, according to which the labour inspectorate should have accessible local offices, and on the effective functioning of the labour inspection system more generally.

Reduction in the number of newly recruited labour inspectors. The Committee notes that JTUC–RENGO and ZENROREN refer to the inadequate number of labour inspectors in relation to the high number of workplaces covered by the labour inspection system. The JTUC–RENGO and ZENROREN indicate that the Government decided in 2010 to reduce the annual recruitment of government officials and that, consequently, the number of labour standard inspectors’ recruits was reduced from 216 in 2009 to 177 in 2010. This information was confirmed by the Government in its report of 2011. The Government indicated that a cabinet decision had been issued in order to reduce the number of newly employed labour standards inspectors to around half of those recruited in 2009. In order to mitigate the adverse effects of this reduction and avoid any regression in terms of labour inspection administration and labour standards enforcement, the reappointment of mandatorily retired ex-public officers had been allowed on a full-time or part-time basis. The JTUC–RENGO criticizes this measure and underlines the need for long-term planning in order to maintain the effectiveness of labour law enforcement through new recruitments rather than the re-employment of retired inspectors.

Referring to paragraph 174 of its 2006 General Survey on labour inspection, the Committee wishes to highlight that although it is aware of the severe budgetary restrictions governments often face, the number of labour inspectors should be sufficient to secure the effective discharge of the important duties of the inspectorate, taking into account the number, nature, size and situation of the workplaces liable to inspection, the number and range of categories of workers employed in such undertakings, and the number and the complexity of legal provisions to be enforced. It notes in this regard the wide scope of application of the Labour Standards Law, as set out in its section 8, including in sectors such as mining and electricity generation, which are by nature prone to OSH risks and even major hazards. It also observes that section 2 of the Industrial Safety and Health Law has the same wide scope of application as the Labour Standards Law. The Committee requests the Government to provide information on the impact of the recent reduction in the number of newly recruited inspectors, both from the standpoint of budgetary resources and effectiveness of the labour inspection functions, and to give details as to the contractual arrangements and conditions of service applied to labour inspectors who are re-hired after their retirement.

The Committee also requests the Government to specify whether the reform has had any impact on the status and conditions of service of currently serving labour inspectors and to provide relevant legislative texts, if any.

Article 8. Gender distribution in the labour inspection staff. The Committee notes with interest the information provided by the Government according to which the percentage of women among newly appointed labour standards inspectors increased from approximately 20 per cent in the financial year 2009 to 27 per cent in the financial year 2010, and that the proportion of the number of women among newly employed labour standards inspectors has tended to increase in recent years. It also notes with interest the reported efforts undertaken to promote the employment of female inspectors; these include appointing female labour inspectors as panellists in information sessions on the work in labour standards inspection offices, sending them as resource persons to information seminars on the public service at the university, and publishing information on their work on the website of the National Personnel Authority. The Committee invites the Government to keep the ILO informed of the share of female labour inspector recruits and of the distribution of the inspection staff by gender in the various positions and grades. Moreover, it reiterates its request for the Government to examine the reasons for the low number of women in the labour inspection staff and to continue its efforts to stimulate the interest of potential female candidates for the labour inspection service.

Articles 20 and 21. Compilation of information on workplaces. The Committee notes with interest that the labour standards inspection offices use the Labour Standards Administrative Information System in order to process information gathered from several sources on workplaces and on labour law compliance. The Committee recalls its general observations of 2009 and 2010 on the importance of statistics of industrial and commercial workplaces liable to labour inspection in the framework of the elaboration and publication of an annual labour inspection report. The Committee would be grateful if the Government would provide information on the operation of this information system, the type of information it includes, and the possible use made of the information in this system in the framework of the elaboration and publication of the annual labour inspection report.

With reference to its general observation of 2007, the Committee would also be grateful if the Government would provide further information on collaboration between the labour inspection services and the justice system, including through the possible creation of a system of recording of judicial decisions that is accessible to the labour inspectorate to enable the central authority to make use of this information in pursuance of its objectives and to include it in the annual report as envisaged in Article 21(e).

[The Government is asked to reply in detail to the present comments in 2013.]