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

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

The Committee notes the observations made by the Japanese Trade Union Confederation (JTUC–RENGO) and the Japan Business Federation (NIPPON KEIDANREN) communicated with the Government’s report.

Articles 3, 13 and 17 of the Convention. Activities of the labour inspectorate in the area of occupational safety and health (OSH). The Committee notes the information provided by the Government on the 12th Industrial Accident Prevention Plan, including information on activities undertaken by labour inspectors to prevent occupational accidents in the services sector, the land transportation sector, the manufacturing sector and the construction sector. This included awareness-raising campaigns on OSH issues, the dissemination of specific guidelines, and the provision of specific supervision, instruction and guidance focused on accident prevention. The Government indicates that regular on-site inspections are undertaken at companies where occupational accidents have occurred and, based on the outcome, inspectors provide guidance on the corrective measures to be taken, and also request the submission of a prevention measures plan to prevent similar accidents and improve the level of safety and health at those companies.

The Committee notes the statement of the JTUC–RENGO that implementing maximum efforts for the 12th Industrial Accident Prevention Plan will lead directly to the protection of workers’ lives and health, and that there is a need to secure the appropriate number of labour inspectors to carry out this important work. Noting the information provided by the Government concerning the number of accidents causing injury and fatal accidents in the four sectors identified above, the Committee requests the Government to pursue its efforts to ensure that those sectors are inspected effectively, including by ensuring that there is a sufficient number of inspectors to perform this work. It requests that the Government provide statistical data on inspection visits in those sectors and the outcomes of these inspections. In this respect, it requests the Government to provide information on preventive measures undertaken with a view to remedying defects observed which might constitute a threat to the health or safety of the workers, including measures with immediate executory force, as well as sanctions imposed for violations detected.

Articles 5(b) and 11. Reorganization of the labour standards inspection office. The Committee previously noted that, following a reorganization, the Government had reduced the number of labour standards inspection offices throughout the country. It noted the opposition expressed by the JTUC–RENGO and the National Confederation of Trade Unions (ZENROREN) to this reduction. Noting the Government’s indication that it had undertaken consultations with the social partners on the reorganization of inspection offices, the Committee requested information on the outcome of those consultations.

The Committee notes the Government’s statement that consultation of regional workers’ and employers’ organizations concerning this reorganization were undertaken where necessary, but notes again an absence of more specific information. The Committee also notes the Government’s statement that no significant reorganization has been undertaken since 2008. The Government indicates that the labour standards inspection office has 321 branches and four sub-branches, determination of which is based on the number of businesses, workers and conditions of transportation per region. The Committee requests the Government to provide information on the measures taken to ensure that these branches are suitably equipped in order to effectively perform the functions of labour inspection. It also requests the Government to provide more detailed information on any consultations undertaken with the social partners with respect to the organization of the labour standards inspection office throughout the country and their outcome.

Articles 20 and 21. Publication and content of the annual report on the work of the labour inspectorate. The Committee notes the Government’s statement that when the labour standards inspection office carries out an inspection, the relevant information (the date, workplace name and subject of the inspection) is recorded in the labour standards administrative information system. Information previously recorded is utilized during inspections and can provide guidance to inspectors. The information in the labour standards administrative information system is also used when drafting the annual labour standards inspection report. Noting that the Government has not submitted an annual labour standards inspection report since 2011, the Committee requests the Government to ensure that these reports are regularly communicated, in accordance with Article 20(3) of the Convention, and that such reports contain all information outlined in Article 21(a)–(g).