Hygiene (Commerce and Offices) Convention, 1964 (No. 120) - Japan (Ratification: 1993)

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

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

Article 5 of the Convention. Consultation with representative organizations of employers and workers. The Committee notes the statement by the JTUC–RENGO with respect to the establishment of health and safety committees at the level of the undertaking, and the reply provided by the Government. It refers, in this regard, to its comments made under the Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187).

Application in practice. The Committee notes the brief and general information provided in the Government’s report concerning the activities undertaken by the labour inspection. The Committee requests the Government to provide information on the manner in which the Convention is applied in practice, including available statistical data on the number, nature and cause of occupational accidents and cases of occupational disease reported, the number and nature of the contraventions reported, etc.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes that the Government has no legislative change to report. It also notes the responses provided by the Government regarding effect given to Articles 5 and 6(1) of the Convention. The Committee also notes the comments from the Japanese Trade Union Confederation (JTUC–RENGO) attached to the report and the Government’s response thereto. The Committee requests the Government to continue to provide information on relevant laws and regulations giving effect to the Convention.

Article 5 of the Convention. Consultation with representative organizations of employers and workers. The Committee notes the Government’s response to its previous comments. The Committee notes the JTUC–RENGO’s comment that some 80 per cent of workplaces in the commercial and retailing industries consists of small-scale units which are required to establish health committees, the labour–management consultation body called for at workplaces with 50 or more workers. JTUC–RENGO calls upon the Government to expand the requirement of the establishment of health committees to workplaces with 30 or more workers in order to ensure safety and health measures in small-sized enterprises. The Committee notes that the Government in its response refers to article 23-2 of the Industrial Safety and Health Ordinance which provides that, in workplaces with less that 50 or more workers, employers are still legally required to consult with workers on OSH matters. The Government adds that efforts are made to ensure that this provision is properly applied. The Committee requests the Government to provide further information on how consultations in accordance with Article 5, are organized in practice in small and medium-sized enterprises.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

1. The Committee takes note of the Government’s report and the information provided in response to its previous comments including the excerpt from the summary of results of the Personnel Commission of the Metropolis of Tokyo. 

2. Article 5 of the Convention. Consultation with representative organizations of employers and workers. The Committee notes the indication of the Government that in the year 2001, the Labour Policy Council and its subordinate unit, the Safety and Health Subcommittee were established in the place of the Central Labour Standards Council. It also notes the indication of the Government that the members of the council and subcommittee are worker and employer representatives who deliberate the details of enactment as well as the revision and repeal of laws and ordinances. Noting that Article 5 of the Convention requires laws or regulations giving effect to the provisions of the Convention to be framed after consultation with the representative organizations of employers and workers concerned, the Committee requests the Government to provide information in respect of the composition of the Labour Policy Council and the Safety and Health Subcommittee, in particular indicating whether representative organizations of employers and workers are represented on these bodies. It also requests the Government to provide information on the respective functions of the Labour Policy Council and the Safety and Health Subcommittee.

3. Article 6, paragraph 1. Inspection by the Personnel Commission. The Committee notes the indication of the Government that the Personnel Commission conducts labour standards inspection in line with the methods of inspection adopted by the Labour Standards Inspection Offices. It also notes that the excerpt from the summary of results of the Personnel Commission of the Metropolis of Tokyo indicates that the Personnel Commission carries out periodic inspections at workplaces that are selected based on the fiscal year plan. The Committee requests the Government to clarify whether the Personnel Commission carries out inspection in respect of all aspects of occupational safety and health covered by the Convention.

4. Part IV of the report form. Inspection by the Labour Standards Inspection Offices. The Committee notes the indication of the Government that as of 31 March 2005, there were 337 Labour Standards Inspection Offices and 3,702 Labour Standards Inspectors. It also notes the indication of the Government that the inspections conducted by the Labour Standards Inspectors cover all the aspects referred to in Part II of the Convention. The Committee requests the Government to continue to provide information in respect of the application of the Convention including extracts from inspection reports and statistics on the number and nature of infringements and the measures taken in this respect.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes the Government’s report. Further to its previous comments, it draws the Government’s attention to the following points.

Article 5 of the Convention. The Committee notes the Government’s indication that no measures were adopted or envisaged with regard to Article 5 of the Convention. The Committee, referring to its previous comments, notes the provisions of article 98, paragraph 4, of the Labour Standards Law, providing for the establishment of a labour standards investigative council, composed of an equal number of persons representing the employers, workers and the public interest; and article 98, paragraphs 1 and 2, of the Labour Standards Law, prescribing the Council’s duty to investigate in matters concerning the enforcement and revision of labour standards and some other laws. The Committee recalls in this respect that Article 5 of the Convention requires the carrying out of consultations with the representative organizations of employers and workers concerned regarding the elaboration of laws and regulations designed to give effect to the provisions of this Convention. The Committee would therefore like the Government to indicate whether the above labour standards investigative council’s functions are limited to the establishment of an agenda of standards to be revised or enforced. It would also like the Government to indicate whether the consultations prescribed under Article 5 of the Convention are indeed carried out.

Article 6, paragraph 1. With reference to the Committee’s previous comments, the Government indicates that the legal basis authorizing the Personnel Commission to carry out inspection of the working conditions of the local public employees are: article 8(1), paragraph 11; and article 58(5) of the Local Public Service Law. The Committee takes note of this information. It requests the Government to specify which inspection functions are assigned to the Personnel Commission; how the inspections are carried out in practice; and to provide the text of inspection reports carried out by it.

Part IV of the report form. The Committee notes the Government’s indication on the action taken by the inspectors of the labour standards inspection offices, in case they detect a violation of articles 13, 22 and 23 of the Industrial Health and Safety Act. Taking note of this information, the Committee requests the Government to indicate whether the above provisions of the Industrial Health and Safety Act are the only subjects of inspection carried out by the labour standards inspection offices. The Committee wishes to point out in this respect that inspections must refer to all aspects of occupational safety and health covered by this Convention. The Committee therefore requests the Government to supply with its next report information on the manner in which inspections regarding occupational safety and health are carried out.

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee notes the information supplied in the Government's first report. It would welcome additional information on the following points:

Article 5 of the Convention. The Committee notes that article 98, paragraph 4 of the Labour Standards Law provides for the establishment of a Labour Standards Investigative Council which is composed of an equal number of persons representing the employers, workers and the public interest. According to article 98, paragraphs 1 and 2 of the Labour Standards Law, the Council's duty is to investigate matters concerning the enforcement and revision of labour standards and some other laws. It therefore appears to the Committee that consultations are only held to formulate an agenda concerning the standards to be revised or enforced. In this respect, the Committee wishes to recall that Article 5 of the Convention provides for consultations with the representative organizations of employers and workers as regards the elaboration of laws and regulations designed to give effect to the provisions of the Convention. The Committee would therefore request the Government to indicate in its next report the measures envisaged or taken in order to ensure that consultations are carried out as provided for in Article 5 of the Convention.

Article 6, paragraph 1. The Committee notes the Government's indication according to which inspection of the working conditions of the local public employees are carried out by the Personnel Commission or by a commissioner appointed to this effect by the Personnel Commission. The Committee notes that article 8 of the Local Public Service Law provides for the duties of the Personnel Commission, without, however, mentioning inspection. It accordingly would ask the Government to explain the legal basis entrusting the above-mentioned Commission to carry out inspection regarding the working conditions of the local public employees.