Asbestos Convention, 1986 (No. 162) - Japan (Ratification: 2005)

Direct Request (CEACR) - adopted 2024, published 113rd ILC session (2025)

To provide a comprehensive view of the issues relating to the application of ratified Conventions on occupational safety and health (OSH), the Committee considers it appropriate to examine Conventions Nos 115 (radiation protection), 119 (guarding of machinery), 120 (hygiene (commerce and offices)), 139 (occupational cancer), 162 (asbestos) and 187 (promotional framework for OSH) together.

The Committee notes the observations made by the Japanese Trade Union Confederation (JTUC–RENGO) concerning Conventions Nos 115, 119, 120, 139, 162 and 187, and the observations of the Japan Business Federation (NIPPON KEIDANREN) on Conventions Nos 139 and 162, both submitted with the Government’s report.

General p rovisions

Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187)

The Committee notes the information provided by the Government in reply to its previous requests concerning Article 3(1), on the coherence of the different national occupational safety and health policies, Article 4(1), on the periodic review of the national occupational safety and health system, and, with respect to public employees and workers in the mining sector, and Article 4(3)(b), on information and advisory services on occupational safety and health.

Article 4(2)(c) of the Convention. Mechanisms for ensuring compliance with national laws and regulations, including systems of inspection. The Committee notes the observations of the JTUC–RENGO expressing concern regarding the number of labour inspectors in the country, and indicating that the ratio of number of workers per labour standard inspection officer has deteriorated. The Committee also notes the information provided by the Government under the Labour Inspection Convention, 1947 (No. 81) related to an increase in the number of inspectors between March 2021 and March 2024, and the increase in the number of inspections over the same period. The Committee requests the Government to continue to provide statistical data on inspections in all sectors, including information related to the violations detected related to occupational safety and health. The Committee also requests the Government to refer to its comments made under Convention No. 81.

Article 4(2)(d). Cooperation between management, workers and their representatives. The Committee notes the Government’s indications, in response to the Committee’s previous request on arrangements to promote cooperation on OSH in workplaces with fewer than 50 workers, that all employers are required to provide opportunities for workers’ opinions to be heard, in accordance with the Industrial Safety and Health Act. The Government indicates that inspections are undertaken, and guidance is provided to ensure enforcement. Further, such cooperation is encouraged by recognizing and publicizing cases of the exchange of opinions between employers and workers at workplaces with fewer than 50 workers. The Committee also notes that the observations of JTUC–RENGO call for the expansion of the obligation to establish safety and health committees to all workplaces (not just those with more than 50 workers). The Committee requests the Government to provide its comments in this respect, and to continue to provide information on arrangements to promote cooperation on occupational safety and health issues between management, workers and their representatives in enterprises with fewer than 50 workers.

Article 4(3)(f). Collection and analysis of OSH data. Application of the Convention in practice. Following its previous comments, the Committee notes the statistical information referenced by the Government from the Ministry of Health, Labour and Welfare (MHLW), indicating a decrease in the number of fatal occupational accidents (from 867 in 2021 to 774 in 2022 and 755 in 2023) as well as figures on injuries involving four or more days absence from work (149,918 in all industries in 2021 compared to 132,355 in 2022 and 135,371 in 2023). The sectors with the most injuries were manufacturing and land transportation, and the sector with the most fatal occupational accidents was construction, followed by manufacturing. The Government indicates that it carries out the necessary supervisory measures based on the data on the occurrence of injuries. The Government further states that data on occupational injuries and diseases from the insurance system is used in making policy decisions on industrial safety and health. The Committee requests the Government to continue to provide information collected related to the application of the Convention in practice, including statistical data on the number, nature and cause of occupational accidents and cases of occupational disease reported.

Article 5. National OSH programme. Followings its previous comments, the Committee welcomes the information provided by the Government related to adoption of the 14th Industrial Accident Prevention Plan (2023-2027), formulated base on the evaluation of the results of the 13th Plan, through the tripartite Occupational Safety and Health Subcommittee of the Labour Policy Council. The 14th Plan sets out eight priorities for the prevention of industrial accidents, with specific output and outcome indicators. The priorities include raising awareness to promote voluntary engagement in safety and health measures; promotion of measures to prevent accidents among aging workers; steps to ensure the health of workers (including mental health); and measures to prevent health effects due to chemical substance exposure. The Plan is reviewed annually to check for any delays. In addition, the Government provides information on the adoption of the 14th Mining Industrial Accident Prevention Plan in 2023 and the 12th Basic Plan for Prevention of Seafarers' Accidents (2023-2027). The Committee also notes the observations of JTUC-RENGO stating that in promoting these plans, both progress management and performance management should be carried out as appropriate, to verify the plans’ effectiveness and review their implementation when necessary. The Committee requests the Government to continue to provide information on the formulation and implementation of the Industrial Accident Prevention Plans and the sectoral Plans, including the impact of their implementation.

Protection against specific risks

Radiation Protection Convention, 1960 (No. 115)

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. Emergency workers. The Committee previously noted that the Ionizing Radiation Ordinance (No. 41) was amended in 2015 to provide that the Minister of Health, Labour and Welfare (MHLW) 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 the information provided by the Government, in response to its previous request, that in accordance with the Ionizing Radiation Ordinance and the Special Education Rule for Exceptional Emergency Works (Notification of the MHLW No. 361 of 2015), workers engaged in exceptional emergency work must be provided with 12.5 hours of training on emergency work, including the methods of work and the impact of ionizing radiation on the body. The Government indicates that the Ionizing Radiation Ordinance does not permit workers other than nuclear disaster prevention staff to engage in exceptional emergency work, and that for these workers, the working conditions of exceptional emergency work must be specified in the employment contract. The Government indicates that, in accordance with Recommendations of the International Commission on Radiological Protection and the International Basic Safety Standards of the International Atomic Energy Agency (2014), the application of a dose limit exceeding 100 mSv is only for work aimed at avoiding catastrophic conditions.

The Committee also notes the information provided by the Government, in response to its previous request on the long-term measures to monitor those workers exposed to higher doses of ionizing radiation following the 2011 earthquake. The Government indicates that, after the completion of exceptional emergency work, employers are required to provide cancer screenings, according to the amount of exposure during the period of engagement in emergency work, based on the Guidelines on Maintaining and Improving Health of Emergency Workers at Nuclear Facilities, in addition to other medical examinations based on general labour standards and regulations. The Government indicates that workers engaged in radiation-related work are provided with medical examinations once every six months, and regularly once every month during the period of engagement in emergency work. The Committee requests the Government to continue to provide information on the manner in which it ensures that the protection provided in the Convention applies to emergency workers. It also requests the Government to provide further information on the long-term measures taken to monitor those workers exposed to higher doses of ionizing radiation following the accident at the Fukushima Daiichi Nuclear Power Plant in 2011.

Articles 3(1) and 6 of the Convention. Effective protection of workers in the light of the knowledge available. The Committee notes with interest the information in the Government’s report, provided in response to the Committee’s General Observation in 2015, that the Ionizing Radiation Ordinance was amended in 2020 to reduce the annual equivalent dose limit for the lens of the eye of workers engaged in radiation-related work from 150 mSv to 50 mSv and to add a dose limit of 100 mSv over five years. The Government indicates that this was pursuant to the recommendation of the Radiation Council in 2018.

The Committee notes the observations of JTUC-RENGO that a Review Committee on the Review of Radiation Dose Limits for the Lens of the Eye was established, which took into account, to some extent, the opinions of the workers participating. JTUC-RENGO states that this Review Committee called for the development of radioprotective equipment, and that the Government should provide support for business operators to take measures to reduce exposure by installing and upgrading their radioprotective equipment. JTUC-RENGO further states that the Government should promote the development of radioprotective equipment, such as radioprotective glasses. The Committee requests the Government to provide its comments with respect to these observations.

Article 7. Exposure of workers under the age of 18 to ionization radiation. Following its previous comments regarding violations detected related to workers under 18 years of age engaged in decontamination work, the Government reiterates 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 states that violations of section 62 are subject to penalties of imprisonment of up to six months and a fine of up to 300,000 yen. The Government further indicates that labour standards offices have disseminated leaflets to raise awareness among employers that engaging persons under 18 years of age in decontamination work is prohibited, and on the measures that must be taken with respect to age verification upon employment. The Committee further notes the detailed information provided under Convention No. 81 regarding the results of inspections carried out in decontamination work including the number of violations, and notes that there have been no violations detected related to section 62 of the Labour Standards Act in recent years. The Committee takes note of this information, which responds to its previous request.

Guarding of Machinery Convention, 1963 (No. 119)

Article 16 of the Convention. Consultations on laws and regulations with a view to giving effect to the Convention. Application of the Convention in practice. The Committee notes the Government’s indication that for small and medium-sized enterprises that manufacture and use machinery, training has been conducted and educational materials have been prepared on undertaking risk assessments. The Government also indicates that this has been discussed in the Labour Policy Council. The 14th Industrial Prevention Plan provides for the undertaking of risk assessments of highly dangerous machinery, and that manufactures of machinery shall ensure the provision of information to users. The Government further indicates that these measures will continue to be promoted to enable the undertaking of risk assessments with a view to preventing injuries.

The Committee notes the observations of JTUC-RENGO that while the overall number of fatalities has decreased, the number of injuries (including those caused by machinery) have been increasing, and that promotion efforts based on the 14th Industrial Accident Prevention Plan are crucial. JTUC- RENGO states that while previous information (from 2017) indicated that the rate of risk assessments for the prevention of machinery accidents in workplaces of less than 50 workers was low (with approximately 30 per cent undertaking an assessment), no new data has been published, so it is not possible to determine if there have been improvements. JTUC-RENGO also states that the Guidelines on Comprehensive Safety Standards for Machinery should be upgraded to a statutory regulation and the provisions of the Industrial Safety and Health Act on the provision of information on hazards of machinery (section 24, paragraph 13) should be revised. The Committee requests the Government to provide its comments with respect to the observations of JTUC-RENGO. It also requests the Government to continue to provide information on the application of the Convention in practice, and on the impact of preventive measures, including statistical information on the number of accidents and fatalities related to machinery.

Occupational Cancer Convention, 1974 (No. 139)

Article 1(1) of the Convention. Periodic determination of carcinogenic substances and agents. The Committee notes the Government’s indication that a certain number of substances evaluated to be high priority are newly classified or reviewed each year under the Globally Harmonized System of Classification and Labelling of Chemicals (GHS). The Government indicates that the focus in revising the chemical substance management regulations is on strengthening measures for substances that have not been previously subject to regulation.

The Committee notes that JTUC-RENGO requests that new classifications and reviews continue be carried out for as many substances as possible, reflecting the latest knowledge. JTUC–RENGO also reiterates that efforts should be made to investigate the carcinogenicity of multiple exposures to chemical substances in the workplace, including mixtures and the products of reactions. In addition, the Committee notes that NIPPON KEIDANREN states that the scope of defined carcinogenic substances is expected to gradually expand according to the results of the GHS classification, and the organization requests the Government to fully inform and publicise the relevant laws and regulations to ensure that employers can take appropriate exposure control measures and protect the health of workers. The Committee requests the Government to continue to provide information on the periodic review of carcinogenic substances and agents to be prohibited or made subject to authorization or control, and to provide information on the review of multiple exposures and mixtures. It also requests the Government to continue to provide information on the measures it is taking to publicize the outcome of the review, including the adoption of new regulations.

Article 3. Appropriate system of records. The Committee notes the observations of NIPPON KEIDANREN stating that while the applicable regulations require employers to keep registers of the working environment and individual medical evaluations for several decades, it would like the Government to consider establishing a system of centralised data management by a public body to avoid the risk of data being dispersed when a worker changes jobs or a company goes bankrupt. The Committee requests the Government to provide its comments in this respect.

Application of the Convention in practice. The Committee notes the Government’s reply, in response to the Committee’s previous request related to the significant increase in violations detected between 2013 and 2014, that this was due to the addition of certain carcinogenic substances to the application of the Ordinance on Prevention of Hazards due to Specified Chemical Substances, following investigations into cases of bile duct cancer. The Committee also notes the information provided on the application of the Ordinance on Prevention of Hazards due to Specified Chemical Substances indicating a progressive increase in the number of inspections since 2015 to 2022 (from 133,116 inspections in 2015 to 142,611 in 2022). This period also saw a decline in the number of violations detected related to hygiene standards (2,981 in 2015 compared to 2,670 in 2022) and working environment measures (1,904 in 2015 compared to 944 in 2022), but an increase in violations related to medical examinations (1,881 in 2015 compared to 1,917 in 2022). The Committee further notes the observations of JTUC-RENGO that risk assessment implementation was low, even at workplaces handling substances subject to authorization. JTUC-RENGO calls for the implementation of appropriate and reliable risk assessments, as a prerequisite for taking the necessary measures to prevent exposure of workers. The Committee requests the Government to continue to provide information on the application of the Convention in practice, including the number of inspections undertaken and nature of violations detected as well as the number, nature and cause of cases of occupational disease. The Committee also requests the Government to provide information on any measures taken or envisaged related to strengthening the implementation of risk assessments related to exposure tocarcinogenic substances and agents.

Asbestos Convention, 1986 (No. 162)

The Committee notes the information provided by the Government in relation to its previous request related to Article 21 (necessary medical examinations).

Articles 15(4), 16, 17(2), 20 and 22. Protective equipment, prevention measures, measurement of the concentration of airborne asbestos dust and information and education. The Committee notes the information provided by the Government concerning the measures taken following the Kumamoto earthquake in 2016 and the Noto Peninsula earthquake in 2024 to ensure the protection of workers engaged in dealing with debris and dismantling or renovating buildings for reconstruction persons. These measures included the provision of guidance regarding the Ordinance on Prevention of Health Impairments due to Asbestos, including with respect to the notifications of plans, implementation of preliminary surveys, containment measures and the use of personal protection equipment. Further, the Government indicates that the measurement of the concentration of asbestos particulates was undertaken at the locations where debris disposal work was conducted. The Committee takes note of this information, which replies to its previous request.

Protection in specific branches of activity

Hygiene (Commerce and Offices) Convention, 1964 (No. 120)

Article 13 of the Convention. Sufficient and suitable sanitary conveniences. The Committee notes the observations of JTUC-RENGO that the recent review of the Industrial Safety and Health Ordinance changed the requirements for the provision of sanitary facilities. Previously, separate facilities for men and women were prescribed, but now, for workplaces where no more than 10 people are employed at any one time, it is sufficient to provide one private toilet (with four walls). In this respect, JTUC-RENGO refers to Paragraph 39 of the Hygiene (Commerce and Offices) Recommendation, 1964 (No. 120), which states that separate sanitary conveniences should be provided for men and women, except, with the approval of the competent authority, in establishments where not more than five persons or only members of the employer's family are employed. JTUC-RENGO calls on the Government to ensure that sanitary conveniences are provided on a gender-specific basis. The Committee requests the Government to provide its comments with respect to the observations of JTUC-RENGO.

Observation (CEACR) - adopted 2024, published 113rd ILC session (2025)

To provide a comprehensive view of the issues relating to the application of ratified Conventions on occupational safety and health (OSH), the Committee considers it appropriate to examine Conventions Nos 115 (radiation protection) and 162 (asbestos) together.

The Committee notes the observations submitted with the Government’s report from the Japanese Trade Union Confederation (JTUC–RENGO) concerning Conventions Nos 115 and 162, and the observations of the Japan Business Federation (NIPPON KEIDANREN) on Convention No. 162.

Protection against specific risks

Radiation Protection Convention, 1960 (No. 115)

Articles 2, 11, 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, appropriate monitoring and medical surveillance. Workers engaged in decommissioning and decontamination work. Following its previous comments, the Committee notes the detailed information provided under the Labour Inspection Convention, 1947 (No. 81) regarding the results of inspections related to decommissioning and radioactive material decontamination work. Regarding decommissioning work, the Government provides information on the number of violations on the reporting of medical examination results related to ionizing radiation (four violations in 2020, six in 2021 and three in 2022). It also provides information on the Guidelines on Occupational Safety and Health Management at the TEPCO Fukushima Daiichi Nuclear Power Plant on the implementation of health management measures. Concerning decontamination work, the Government indicates that the legislative requirement to undertake a preliminary survey before commencing such works is an important measure to prevent exposure to ionizing radiation (pursuant to section 7 of the Ordinance on the Prevention of Ionizing Radiation Hazards at Works to Decontaminate Soil and Waste Contaminated by Radioactive Materials Resulting from the Great East Japan Earthquake and Related Work). There were three violations detected of this requirement in 2020, two in 2021 and four in 2022. The Government also indicates that the medical examinations of workers engaged in such work must be submitted to the Labour Standards Inspection Office, and there were four violations of this obligation in 2020, two in 2021 and six in 2022. The Government further indicates that employers engaged in decontamination and related work are encouraged to participate in the exposure dose registration system. The Committee notes that the Report of the Working Group on the issue of human rights and transnational corporations and other business enterprises, in its report to the Human Rights Council, expressed deep concern regarding workers who had developed cancer-related illnesses after their clean-up and decontamination work but had been denied financial compensation or medical assistance by the subcontractors of the power company, as employment records did not accurately reflect radiation exposure (1 May 2024, A/HRC/56/55/Add.1, paragraph 60).

The Committee emphasizes the importance of carrying out appropriate monitoring of workers and places of work, in accordance with Article 11 of the Convention. The Committee urges the Government to strengthen 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 continue to provide information on the long-term health management measures it is taking in relation to this category of workers. 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).

Asbestos Convention, 1986 (No. 162)

Articles 17 and 19 of the Convention. Demolition work and measures to prevent pollution of the general environment by asbestos dust released from the workplace. The Committee notes the Government’s statement, in reply to its previous request on measures to prevent pollution by the release of asbestos dust, that there have been confirmed cases of asbestos scattering from demolition sites and instances where the preliminary investigations to determine the presence of asbestos in building materials were insufficient. The Government indicates that, as a result, the Air Pollution Control Act was amended in June 2020 to expand the scope of regulation to include all building materials containing asbestos. The Government further indicates the method of investigating the presence of asbestos has been prescribed by law for contractors commissioned to conduct demolition or other work, and such contractors are obliged to report the results of the investigation to the prefectural governor.

The Committee notes the observations of JTUC–RENGO that, although strengthening these regulations is a positive step, there have been cases where measures were not taken to prevent the dispersal of asbestos from demolition and other work, even after the legislative changes. The union calls for the implementation of thorough measures to prevent exposure to asbestos due to dispersal during dismantling of buildings where asbestos-containing products may have been used. The Committee also notes the observations of NIPPON KEIDANREN that, in light of the expected increase in the future of demolition and renovation of buildings and other structures, it requests the Government to publicize the laws and regulations, to inform employers and to provide the necessary guidance to ensure that appropriate exposure control measures are implemented in workplaces.The Committee requests the Government to pursue its efforts to ensure the necessary protection to workers engaged in demolition work as well as to prevent pollution of the general environment by asbestos dust released from the workplace, including measures to ensure the publicization of the legislative requirements and the dissemination of relevant guidance.

Application of Convention No. 162 in practice. The Committee notes the detailed information provided by the Government on the application of the Convention in practice, including the number of violations detected, the number of insurance benefits provided for diseases caused by asbestos, the number of survivor benefits paid, and the number of cases of accidents related to asbestos of both national and local public employees. The Committee notes that the number of violations detected by labour standards inspectors of the Ordinance on the Prevention of Health Impairment due to Asbestos was significantly higher in 2022 compared to the figures provided in the previous report: 591 violations with respect to health criteria (compared to 219 violations in 2013), two regarding work environment measurement (compared to one in 2013) and 54 violations related to medical examinations (compared to 13 in 2013). The Committee requests the Government to provide information on the reasons for the significant increase in violations detected, and to indicate the measures taken in response to the violations detected, including the penalties applied. It also requests the Government to continue to provide information on the manner in which the Convention is applied in practice.

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

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

Articles 19 and 21 of the Convention. Prevention of pollution of the general environment by asbestos dust released from the workplace. The Committee previously noted the observations of the Japan Trade Union Confederation JTUC–RENGO concerning adverse health effects on workers who worked at workplaces adjacent to asbestos-contaminated sites, specifically postmen going in and out of such sites. It requested the Government to indicate measures taken, by employers and the competent authority, to ensure the application of Article 19 in that regard.

The Committee notes the Government’s statement that the Air Pollution Control Act applies to demolition, renovation and repair, and refers to the amendments to that Act that require the duty holder to provide notification with respect to activities and undertakings for buildings where asbestos was used. Noting the broad application of the Convention in relation to all activities involving the exposure of workers to asbestos in the course of their work, the Committee requests the Government to provide information on how such workers who have been exposed to asbestos are provided with such medical examinations as are necessary to supervise their health in relation to the occupational hazard, and to diagnose occupational diseases caused by exposure to asbestos. In this regard, the Committee requests the Government to provide information on whether the Asbestos Health Damage Relief Act would be applicable to workers who may have been exposed working adjacent to asbestos contaminated sites.

Observation (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.

Articles 1 and 21 of the Convention. Scope of application and necessary medical examinations. The Committee notes the information provided by the Government in relation to laws imposing obligations to take preventive action to ensure the safety of workers, including seafarers and miners, and including in relation to asbestos. It notes the Government’s indication that notifications issued by the Ministry of Land, Infrastructure, Transport and Tourism provide that mariners who have engaged in work involving exposure to asbestos on board ships who meet certain requirements shall be provided with a personal health record for mariners, at the time of their separation from their service or thereafter, and accordingly be subject to a medical examination at medical institutions. The Government states that the requirements for the issuance of the personal health record for mariners are determined using the requirements for personal health records prescribed in the Industrial Safety and Health Act as a reference. The Government indicates that the number of mariners to whom the Convention applies was, as of 2013, 74,892. It indicates that from 2010 to 2014, 14 violations were detected by seafarers’ labour inspectors related to education and training on safety and sanitation (section 11 of the Regulations for Labour, Safety and Sanitation of Mariners) and two related to protective gear (section 45 of the Regulations). It also notes the Government’s indication that the number of confirmed cases of insurance benefits for lung cancer and mesothelioma caused by asbestos, under the Mariners Insurance Act, during the reporting period was 51. With respect to miners, the Committee notes that the number of workers to whom the Convention applied was seven, and that there had been no reported cases of violations or cases of occupational diseases. The Committee reiterates its previous request for the Government to indicate the measures taken to apply Article 21 of the Convention to seafarers and miners, including specific information on medical check-ups for such workers as well as the number of personal health records issued for mariners previously exposed.

Articles 15(4), 16, 17(2), 20 and 22. Protective equipment, prevention measures, measurement of the concentration of airborne asbestos dust and information and education. The Committee notes the observations of the JTUC–RENGO that the Government should take the following action concerning asbestos in the recovery and reconstruction work following the earthquake of 2011: education in occupational safety and health and measures to prevent industrial accidents in order to prevent asbestos exposure; strengthening guidance and supervision to ensure the use of necessary protective equipment and clothing to protect against asbestos exposure; the regular measurement of the concentrations of airborne asbestos dust and the publication of the results of such measurements; and, in managing demolition and removal work for buildings and structures which may contain asbestos, the carrying out of thorough asbestos exposure prevention measures with respect to workers and persons using those structures. The Committee notes the Government’s statement, in reply to these observations, that the Ministry of Health, Labour and Welfare has been raising awareness, providing guidance and undertaking inspections concerning occupational safety and health laws. This includes the Ordinance on the Prevention of Health Impairment due to Asbestos, which requires that employers provide special occupational safety and health education to workers assigned to perform work involving asbestos and take measures to prevent exposure to asbestos. The Government also indicates that it has amended this Ordinance, to strengthen the protection provided to workers who work in buildings that contain asbestos. With respect to the workers engaged in restoration and reconstruction following the earthquake in 2011, the Government indicates that it distributed respiratory protective equipment to workers in the areas affected. It also measured the concentrations of asbestos fibres in workplaces, and reported those measurements to an experts’ meeting, and subsequently strengthened supervision activities. The Committee requests the Government to continue to provide information on the measures taken to protect workers engaged in restoration and reconstruction against health hazards due to occupational exposure to asbestos. It further requests the Government to provide a copy of the amended Ordinance on the Prevention of Health Impairment due to Asbestos.

Articles 17 and 19(2). Demolition work and measures to prevent pollution. The Committee previously noted the observations of the JTUC–RENGO that the Government did not properly supervise the application of legislation concerning demolition sites, and that debris and building materials containing asbestos were not properly separated from crushed rock for recycling. The Government, in reply, recognized the importance of the issue and indicated that the Ministry of Health, Labour and Welfare and the prefectural labour bureaus would conduct joint inspections of demolition sites and that three ministries were cooperating to ensure an improved application of the relevant laws and regulations.

The Committee notes the Government’s statement that, in the past, there had been cases where asbestos was emitted into the atmosphere from demolition sites and that preliminary investigations to determine if asbestos was used in building materials had been poorly performed. As a result, the Air Pollution Control Act was amended in 2013 to impose the obligation on a contractor undertaking demolition work to carry out preliminary investigations and determine if asbestos was used in the building. The contractor is required to provide a report in writing on the matter to the owner of the building, who is then obliged to submit a written notification to the governor of the prefecture. The governor of the prefecture may then order the owner to change the plan of activities. The Prefectural Labour Bureaus and the Labour Standard Inspection Offices, when they receive information on demolition work of buildings by means of notification, can undertake on-site inspections and provide guidance to contractors of demolition work to strictly comply with the obligations with respect to asbestos. In addition, the Ministry of Health, Labour and Welfare, the Ministry of Land, Infrastructure, Transport and Tourism, and the Ministry of the Environment continue to work in collaboration with respect to recycled crushed rock contaminated by asbestos. Taking due note of the measures adopted by the Government, the Committee requests the Government to continue to provide information on measures taken with respect to the demolition of structures containing asbestos, including information on the specific measures taken as a result of the collaboration between ministries to address the mixing of asbestos with crushed rock for recycling. It also requests the Government to continue to provide information on the measures taken to prevent pollution of the general environment by asbestos dust released from the workplace, and to provide a copy of the Air Pollution Control Act, as amended in 2013.

Application in practice. The Committee notes the information provided by the Government on the number of cases for which insurance benefits for diseases caused by asbestos was provided under the Industrial Accident Compensation Insurance Act and the Mariners Insurance Act, as well as the number of cases related to asbestos for national public employees, local public service employees and miners. The Government also indicates that the number of violations of the Ordinance on the Prevention of Health Impairment due to Asbestos detected during inspections in 2013 was 219 with respect to health criteria, one regarding the work environment measures, and 13 regarding medical examinations. The Committee requests the Government to continue to provide information on the manner in which the Convention is applied in practice, including statistical data on the activities of labour inspection services (number of visits, violations identified and, particularly, the sanctions imposed), the number and nature of diseases caused by asbestos, and the measures, taken or envisaged, to address the causes of such diseases.

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

The Committee notes the Government’s report and the legislation attached including the Supplementary Provisions of Mining Safety Law as Amended in 2004 (Law No. 94 of 2004), and the information that the 2006 ban of manufacturing, importing, transferring, providing and using asbestos is provided for in section 55 of the Industrial Safety and Health Act and section 16 of its Order for Enforcement and that subsequently, the Regulations for Equipment of Ships were amended in 2006, prohibiting the use of materials containing asbestos on ships. Furthermore, it also notes that the Government indicates that even before these amendments, it ensured compliance with the International Convention for the Safety of Life at Sea (SOLAS Convention) which prohibits the new installation of materials which contain asbestos on all ships. The Committee notes the information provided regarding effect given to Articles 14, 15(2) and (3) of the Convention. The Committee further 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 1 of the Convention. Scope of application. The Committee notes that the Government indicates that, in terms of past exposure, it is currently estimated (up to 30 June 2010) that there are 696 retired seafarers and seven miners which have been engaged in work involving exposure to asbestos. The Government is requested to indicate measures taken to apply the Convention, in particular the provisions of Article 21, to the seafarers and miners at issue.

Article 17. Demolition work. The Committee notes the JTUC-RENGO’s comments that while national legislation in this area has been properly developed, the Government does not properly supervise their application in practice and that, at demolition sites, debris and building materials containing asbestos are not properly separated from crushed rock for recycling. The Committee notes that the Government in its response recognizes the importance of the issues raised by JTUC-RENGO and that it has taken the appropriate measures, including the intention of the Ministry of Health, Labour and Welfare (MHLW), together with the prefectural labour bureaus, to conduct joint inspections of demolition sites; and through a cooperation agreement between the MHLW, the Ministry of Land, Infrastructure and Transportation, and the Ministry of the Environment that these three ministries will jointly ensure an improved application of relevant laws and regulations. The Committee requests the Government to continue to report on measures taken to ensure a proper application of laws and regulations giving effect to this Article of the Convention.

Article 19. Prevention of pollution of the general environment by asbestos dust released from the workplace. Article 21. Medical check-ups of workers exposed to asbestos. The Committee notes the JTUC-RENGO’s comments concerning adverse health effects on workers who worked at workplaces adjacent to the asbestos-contaminated sites, specifically postmen going in and out of such sites and – with reference to Article 21 – the need to follow-up on their health through medical check-ups. The Committee notes the response from the Government that the situations referred to by JTUC-RENGO did not concern workers engaged in work directly related to handling asbestos, but that workers who are exposed to asbestos during their work which causes a health impairment are, in principle, entitled to receive work-related accident compensation and that, in addition, those who are not covered by the work-related accident compensation insurance system, i.e. self-employed workers and residents in the affected area, may be subject to the Act on Asbestos Health Damage Relief. The Committee notes that the situation to which the JTUC-RENGO refers seems to fall outside the scope of the application of Article 21 but would rather be covered by provisions in Article 19 requiring that the competent authority and the employers to take appropriate measures to prevent pollution of the general environment by asbestos dust released from the workplace. The Committee requests the Government to indicate measures taken, by employers and the competent authority, to ensure application of Article 19 of the Convention and to indicate whether the referenced Act on Asbestos Health Damage Relief would be applicable in these situations.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

Article 1 of the Convention. Scope of application. The Committee notes the very detailed first report submitted by the Government including information regarding the effect given to the Convention in relation to seafarers and miners. The Committee is aware that Japan has introduced a ban on the production and use of products containing asbestos in 2006. Against this background, the Committee requests the Government to clarify whether and to what extent the seafarers and miners are engaged in any form of activities which would render the Convention relevant as far as these categories of workers are concerned. The Committee would also appreciate it if the Government would transmit relevant legislation regarding the ban introduced in 2006 and how it is applied in practice.

Article 14. Labelling of containers and packages of products containing asbestos. To the extent that this requirement might still be relevant in the country, the Committee requests the Government to provide additional information on the effect given to the requirement for producers and suppliers to label containers and packages of products containing asbestos.

Article 15, paragraph 2. Periodical review of the exposure limits or other exposure criteria. The Committee requests the Government to provide additional information on the effect given to the requirement periodically to review the exposure limits and other exposure criteria in the light of technological progress and advances in technological and scientific knowledge.

Article 15, paragraph 3. The Committee notes that, in the context of the application of this provision, the Government refers to provisions requiring that periodical inspections be carried out in places where dust is generated. The Committee requests the Government to clarify whether the dust referred to in the provisions at issue is dust containing asbestos.

Part V of the report form. The Committee notes the information provided and references made by the Government in its report to periodical inspections carried out in 2005, 2006 and 2007. The Committee requests the Government to continue to provide statistical data over longer periods of time to enable an appreciation of the trends, and to supply copies of any inspection reports referred to.