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

Radiation Protection Convention, 1960 (No. 115) - Japan (Ratification: 1973)

General observation of 2015. The Committee wishes to draw the Government’s attention to its general observation of 2015 under the Convention, and in particular to the request for information contained in paragraph 30 thereof.

The Committee notes the observations made by the Japanese Trade Union Confederation (JTUC–RENGO), submitted with the Government’s report.

Articles 2, 12 and 13 of the Convention. Application of the Convention to all activities involving exposure of workers to ionizing radiations in the course of their work and medical surveillance. 1. Emergency workers. The Committee previously noted that, due to the accident at the Fukushima Daiichi Nuclear Power Plant following the earthquake in 2011, an Ordinance on special measures was in force between March and December 2011 which raised the emergency radiation exposure dose limit to 250 mSv. Following the stabilization of the nuclear reactors, the emergency radiation exposure dose limit was returned to 100 mSv. However, the Ordinance on the prevention of ionizing radiation hazards (No. 41) was amended in 2015 to provide that the Minister of Health, Labour and Welfare may set a special dose limit not exceeding 250 mSv in situations in which it is difficult to observe the dose limit of 100 mSv during exceptional emergency works.

The Committee notes that the Government states, in response to its previous request, that workers engaged in exceptional emergency work are limited to those who have given their consent in advance, received necessary education, and are designated as nuclear disaster prevention staff by business operators. The Government further states that section 7-3 of Ordinance No. 41 disallows those other than nuclear disaster prevention staff (as outlined in section 8 of the Act on Special Measures Concerning Nuclear Emergency Preparedness (Act No. 156 of 1999)) from engaging in exceptional emergency work, and when nuclear operators appoint nuclear disaster prevention staff, labour contracts can only be concluded after a clear indication of the working conditions, including engagement in exceptional emergency work. The Government states that should workers have to engage in emergency work in the future, their wishes must be considered to the extent possible in the assignment of work. The Government indicates that, in accordance with Ordinance No. 41 and the Special Education Rule for Exceptional Emergency Works (Ministry of Health, Labour and Welfare Notification No. 361 of 2015), workers engaged in emergency work must be provided with a minimum of 12.5 hours of education covering the health effects of ionizing radiation and the required methods of work. The Committee notes the Government’s indication that a database has been established of workers engaged in emergency work, as well as a database for the long-term health management of these workers, which is used to implement cancer screenings.

The Committee once again refers to paragraph 37 of its general observation of 2015, which states that, in emergency situations, reference levels should be selected to be within, or if possible below, the 20–100 mSv band. Measures should be taken to ensure that no emergency worker is subject to an exposure in an emergency in excess of 50 mSv. As indicated in paragraph 22 of the general observation, response organizations (as defined in note n.19 of the general observation, “a response organization is an organization designated or otherwise recognized by a State as being responsible for managing or implementing any aspect of an emergency response”) and employers should ensure that emergency workers who, in exceptional situations, undertake actions in which the doses received might exceed 50 mSv do so voluntarily; have been clearly and comprehensively informed in advance of the associated health risks, as well as of available measures for protection and safety; and that they are, to the extent possible, trained in the actions that they may be required to take. The Committee urges the Government to take further measures to ensure that the protection provided in the Convention applies to emergency workers. Particularly, noting the Government’s indication concerning the training and information provided to emergency workers, as well as the Government’s indication that the workers’ wishes must be considered to the extent possible in the assignment of emergency work, the Committee requests the Government to take measures to ensure that workers who may be exposed to the exceptional emergency dose limits do so voluntarily. Recalling that Article 6 of the Convention provides that maximum permissible doses of ionizing radiations shall be kept under constant review in the light of current knowledge, the Committee requests the Government to provide information on measures taken to review the maximum permissible dose established for this category of workers. In addition, and taking due note of the information provided by the Government, the Committee further requests the Government to continue to provide detailed information on the long-term measures taken to monitor those workers exposed to higher doses of ionizing radiation following the 2011 earthquake.

2. Workers engaged in decommissioning and decontamination work. The Committee previously noted the observations of the JTUC–RENGO that further protective measures were necessary with respect to workers engaged in the decommissioning of the Fukushima Daiichi Nuclear Power Plant. It noted that the Ordinance on the prevention of ionizing radiation hazards for decontamination and related works (No. 152) required employers engaged in decontamination works to carry out: dose monitoring; exposure reduction measures, including a preliminary survey of worksites; measures for the confinement of contamination including surface screening of workers and equipment; training of workers; and health-care management.

The Committee notes the statement of the JTUC–RENGO calling for the extension of long-term health management efforts to workers who have been exposed to a threshold radiation dose even though they are not directly engaged in emergency work, and to extend radiation exposure management to all workers engaged in the decommissioning of the Fukushima Daiichi Nuclear Power Plant, even after employment separation. The Committee notes that the Ministry of Health, Labour and Welfare formulated in 2015 the Guidelines on Occupational Safety and Health Management at the Fukushima Daiichi Nuclear Power Plant, which require the contractor to implement health management measures for workers. In this respect, the contractor has established a system to ensure that workers of primary contractors and their subcontractors receive medical examinations and that subsequent measures are taken based on the results. In addition, the Ministry has established telephone consultations with doctors for business operators on health management methods, available every day, and contact points within the premises of the Fukushima Daiichi Nuclear Power Plant for face-to-face consultations, available once a week. The Committee notes the Government’s statement that, in order to manage the radiation exposure dose of workers engaged in decontamination work, along the same framework as nuclear workers, the Radiation Effects Association has established the Radiation Exposure Dose Registration System for Workers Engaged in Decontamination Work, and it has requested business operators engaged in decontamination work to participate in this system. The Government indicates that it has taken a number of measures to ensure compliance with radiation protection measures among business operators engaged in decontamination work. With respect to the monitoring of working conditions of those engaged in decommissioning and decontamination work, the Committee refers to its comments under the Labour Inspection Convention, 1947 (No. 81). The Committee urges the Government to pursue its efforts to ensure that the protection provided in the Convention is applied to workers engaged in decontamination and decommissioning work, and requests it to continue to provide information on the measures it is taking in this regard. In that respect, it requests the Government to provide information on the long-term health management measures it is taking with respect to this category of workers, and to indicate if participation in the Radiation Exposure Dose Registration System for Workers Engaged in Decontamination Work is obligatory for business operators engaged in decontamination work.

Article 7. Exposure of workers under the age of 18. The Committee previously noted the observations of the JTUC–RENGO that violations of the law related to persons under the age of 18 years working in decontamination had been reported.

The Committee notes the information provided by the Government, in response to its previous request, that in July 2013 and February 2015, employers were arrested for violations of section 62 of the Labour Standards Act (which prohibits persons under 18 years of age from engaging in hazardous work) for making workers under 18 years of age engage in decontamination work. The Government further indicates that labour standards offices have disseminated leaflets to raise awareness among business operators that engaging persons under 18 years of age in such work is prohibited, and on the measures that must be taken with respect to age verification. The Committee requests the Government to continue to provide information on the measures it is taking to ensure the enforcement of the national legislative provisions related to occupational exposure of workers under the age of 18, including the specific penalties applied in cases of violations of section 62 of the Labour Standards Act related to decontamination work, and on the related protection measures taken for those workers under 18 who have been unlawfully engaged in this work.