Observation (CEACR) - adopted 2017, published 107th ILC session (2018)

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) submitted with the Government’s report, the latter of which were also sent in a joint communication with the International Organisation of Employers (IOE).

Articles 3(1)(b) and 13 of the Convention. Preventive measures for workers engaged in decommissioning work and decontamination work with radioactive materials. The Committee takes due note of the information provided by the Government, in its report in response to the Committee’s previous request, that the rate of violations detected in inspections in the Fukushima prefecture related to decontamination and decommissioning works has declined since 2013. In 2014 and 2015, the number of business operators subject to inspections increased in both decommissioning work (from 226 business operators to 309) and decontamination work (from 1,152 business operators to 1,299), while the percentage of those operators where violations were detected decreased, from approximately 60 per cent to 54 per cent in decommissioning work and from approximately 67 per cent to 65 per cent in decontamination work. The Government states that in workplaces where violations are acknowledged, measures are taken that are necessary for ensuring the working conditions provided for in labour standards and for the safety and health of workers. The Government indicates that business operators who acknowledged committing these violations were given guidance for rectification and many of them had already made rectifications. The Government further indicates that since the earthquake in 2011, four business operators engaged in decommissioning work and ten business operators engaged in decontamination work had been referred to the Public Prosecutor’s Office by the Fukushima Labour Bureau including a case of covering dosimeters with lead covers to disable dose verification and a case of failure to provide notification of industrial accidents, without delay, to the Chief of the Labour Standards Inspection Office. Regarding the disabling of dosimeters, the Committee notes the information provided by the Government in its report on the Radiation Protection Convention, 1960 (No. 115), concerning the measures taken to prevent subsequent violations, including requiring the undertaking of a survey on the actual status of radiation dose management at the Fukushima Daiichi Nuclear Power Station, and measures to verify if there are inconsistencies by requiring workers to wear glass badges and audible alarm personal dosimeters. These measures are verified by the Labour Standards Inspection Office and workers engaged in decommissioning work are surveyed on a regular basis to enable anonymous complaints on inappropriate radiation dose measurements.

The Committee notes the statement by the JTUC–RENGO that the incidence of violations related to decommissioning work of the Fukushima Daiichi Nuclear Power Station has been increasing, and that there are many business operators who are operating in violation of regulations. It further indicates that it is necessary to further strengthen guidance and supervision with respect to violations of labour regulations. With reference to its comment on Convention No. 115, and noting that inspectors continue to detect violations in the majority of inspections undertaken with respect to both decommissioning and decontamination work, the Committee urges the Government to indicate the causes of the violations and to strengthen its efforts to secure the enforcement of applicable labour standards in those areas. It requests the Government to continue to provide information on the number of inspections undertaken with respect to decommissioning and decontamination works, the number and nature of violations detected, the number of anonymous complaints and how often these result in detection of violations, and the number of cases referred to the Public Prosecutor’s Office. It further requests the Government to provide detailed information on the outcome of the 14 cases relating to decontamination work referred to the Public Prosecutor’s Office, including the specific penalties applied.

Articles 10 and 16. Sufficient number of labour inspectors. The Committee previously noted that while the number of labour inspectors had decreased between 2011 and 2013, the policy of reducing the number of new recruits (instituted in 2011) had been reversed in 2014.

The Committee notes the statement of NIPPON KEIDANREN that Labour Standards Inspection Offices exert their best efforts to strengthen supervision and that they must monitor in a more efficient and cost-effective manner. The Committee also notes the indication of the JTUC–RENGO that the Labour Standards Inspection Offices must be reinforced by securing adequate numbers of labour standards inspectors to ensure the efficacy of labour standards-related regulations over the long term.

The Committee notes the Government’s indication that efforts have been made to ensure that there is the necessary number of inspectors to strengthen the Labour Standards Inspection Offices, and that these efforts will continue. In this respect, it notes with interest the Government’s indication that as of March 2017, there were 4,002 inspectors (up 54 from 2014, and higher than the number of inspectors previously noted over the 2011–14 period). It notes that 212 inspectors were appointed in 2016, including 61 female inspectors, a greater number than recruited each year since 2010. The Government further indicates that, in order to carry out effective inspections of workplaces, inspection plans have been formulated by each Labour Standards Inspection Office and efforts are being made to maximize the volume of inspections by simplifying and rationalizing clerical work within the agencies. The Government indicates that efforts will continue to be made to secure the number of labour standards inspectors and efficiently carry out inspection. The Committee notes in this respect a slight decrease in the number of inspections undertaken, from more than 178,000 inspections undertaken in 2013 (and between 173,000 and 176,000 in 2011 and 2012) to 170,000 inspections undertaken in 2015, including fewer periodic inspections. Taking due note of the measures undertaken by the Government, the Committee requests the Government to continue to provide information on the measures taken to ensure that the number of labour inspectors is sufficient to secure the effective discharge of the duties of the inspectorate. It requests the Government to continue to provide information on the number of labour inspectors, disaggregated by both prefecture and gender.

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