Observation (CEACR) - adopted 2013, published 103rd ILC session (2014)

Labour Inspection Convention, 1947 (No. 81) - Japan (Ratification: 1953)

The Committee notes the observations made by the Japanese Trade Union Confederation (JTUC–RENGO) dated 23 August 2013 and attached to the Government’s report, which was received on 30 September 2013.

Articles 3(1)(b) and 13 of the Convention. Preventive measures for workers engaged in decontamination work with radioactive materials (“emergency workers”) at the Fukushima Daiichi Nuclear Power Plant. In response to its previous request on mid- and long-term measures by the labour inspectorate in relation to workers engaged in emergency operations, the Committee notes the Government’s indications that the Ministry of Health, Labour and Welfare (MHLW) provides guidance to employers on the appropriate monitoring by employers of exposure to radiation. The Guidelines on Maintaining and Improving Health of Emergency Workers at the TEPCO Fukushima Daiichi Nuclear Power Plant, available on the website of the MHLW recommend, for example, medical examinations based on the level of radiation exposure of workers. The Government reiterates that a database has been set up at the MHLW, which includes information on exposure doses and the results of medical examinations of emergency workers, and should provide a basis for long-term health-care measures, including after workers have ceased to be engaged in decontamination work. The Committee also notes that the Government refers to “corrective recommendations” and the imposition of sanctions by the labour standards inspection offices (LSIO) where employers fail to comply with their monthly reporting obligation on the radiation exposure of emergency workers. The Committee further notes that the copy of the Ordinance on the Prevention of Ionizing Radiation Hazards pertaining to Work for the Decontamination of Soil Contaminated by Radioactivity as a result of the Great East Japan Earthquake attached to the Government’s report, provides for the obligation of employers to take certain protective measures (the obligation not to exceed the exposure of workers to certain doses of radiation, regular medical examinations, the provision of specific training and protective clothing to workers, etc.).

The Committee notes that the JTUC–RENGO follows up on its previous comments and expresses growing concern at the increased risks of medium- to long-term health problems of workers caused by exposure to radiation. In this regard, the trade union recalls that the radiation exposure doses for 452 workers were recorded incorrectly in the past, with the actual exposure exceeding that recorded (in relation to six workers, the exposure to radiation was even higher than the maximum permitted dose of 100 milisieverts (mSv)).

While the JTUC–RENGO refers to a relevant report by the Government in relation to the above events, which found that “guidance on measures to provide for adequate exposure doses was repeatedly provided”, the trade union calls for the implementation of more thorough measures, including for the period after workers cease to be engaged in decontamination work. It emphasizes that it is essential to ensure the effective supervision and monitoring of measures for the protection of workers by the nuclear operator, which should include: training on radiation risks prior to the engagement of workers in decontamination work; arrangements for a safe work environment and the management of radiation exposure doses and the prevention of mental health problems of workers. The Committee asks the Government to make any comments it deems appropriate in relation to the observations made by the JTUC–RENGO.

The Committee would be grateful if the Government would provide detailed information on the supervision of the application of occupational safety and health laws, including the “Ordinance on the Prevention of Ionizing Radiation Hazards pertaining to Work for the Decontamination of Soil Contaminated by Radioactivity as a result of the Great East Japan Earthquake”, and provide relevant statistics (number and frequency of on-site inspections, number of cases of non-observance of the relevant laws and legal provisions to which they relate, sanctions imposed, etc.).

The Committee also asks the Government to provide more detailed 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 Fukushima Daiichi Nuclear Power Plant as well as any action taken by the operator as a result of advice and instructions given by the labour inspectors.

Articles 5(b), 6, 10, 11 and 16. Reorganization of the LSIO and reduction in the number of newly recruited labour inspectors. Status and conditions of service of labour inspectors. 1. Reorganization of inspection offices. The Committee notes the Government’s reply to its previous comments on the reduction in the number of LSIOs throughout the country following a reorganization, to which the JTUC–RENGO and National Confederation of Trade Unions (ZENROREN) expressed their opposition. The Committee understands from the Government’s explanations that criteria for the selection of offices subject to reorganization include “changing demands on administrative bodies”, that is an increase or decrease in the number of workers covered by inspection and transport needs, and that the opinions of the management and staff of the LSIO in the regions are carefully being taken into account in the framework of these reforms. The Committee also notes that the Government does not provide any information on the outcome of the consultations held with the social partners on the reorganization, which the Government referred to in its previous report. The Committee therefore once again requests the Government to provide details on the outcome of the consultations held with the social partners on the reorganization of inspection offices. It also requests the Government to indicate the changes in the organization of the labour inspection system following the reform, including information on the number and accessibility of labour offices throughout the territorial structures and their equipment (Article 11 of the Convention), as well as more generally on the effective functioning of the labour inspection system.

2. Reduction in the number of newly recruited labour inspectors. Following the previous comments by the JTUC–RENGO and ZENROREN on the inadequate number of labour inspectors in relation to the high number of workplaces covered by the labour inspection system, the Committee notes the recent observations made by the JTUC–RENGO according to which, in the context of the increased number of industrial accidents between 2009 (105,718 cases) and 2012 (117,958 cases), it is essential for the effectiveness of enforcement of labour standards to maintain an adequate number of labour inspectors, in so far as possible, even in a situation of tight financial conditions.

The Committee notes the Government’s explanations concerning the cabinet decisions noted in its previous observation, which concerned government staffing in the light of budgetary constraints. The Committee notes that the Government indicates that to reduce labour costs, decisions have been taken to raise the retirement age of public employees and to reduce the number of new recruits. Recalling the Government’s indications that the decisions included a reduction in the number of newly employed labour inspectors to around half of those recruited in 2009, the Committee notes that the number of new recruits was 216 in 2009, 177 in 2010, 76 in 2011 and 101 in 2012. In relation to the reappointment of retired public officials to mitigate the adverse effects of this reduction, the Committee notes the Government’s indications that such reappointments will further increase until the changes in the pensionable age take full effect. The Committee also notes that measures to reduce labour costs include the termination of the so-called “ceiling system”.

The Committee notes that the Government reiterates that efforts are being made to maintain a sufficient number of labour inspectors to ensure the effectiveness of labour inspection. In this regard, it notes the Government’s indications that the number of labour inspectors was 3,979 in 2011 and 3,961 in 2012; that the number of labour inspections was 100,535 in 2009, 128,959 in 2010 and 132,829 in 2011; and that the number of cases submitted to the public prosecutor’s office was 1,110 in 2009, 1,157 in 2010 and 1,064 in 2011. The Committee requests the Government to continue to provide information on the impact of the recent reduction in the number of newly recruited inspectors, both from the viewpoint of budgetary resources and the effectiveness of the labour inspection functions.

The Committee once again requests the Government to specify whether the reform has had or will have any impact on the status and conditions of service (such as wage levels) of labour inspectors and where applicable, to provide relevant legislative texts or extracts thereof, if possible, in one of the working languages of the Office. In this regard, it asks the Government to provide further explanations of the “ceiling system” and the reasons for its abolition, as referred to in the Government’s report.

The Committee is raising other points in a request addressed directly to the Government.