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

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.

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

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.

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

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

The Committee also notes the information provided by the Government concerning Article 14 of the Convention on measures in favour of workers who can no longer perform work involving exposure to ionizing radiations.

Article 2. Application of the Convention to all activities involving exposure of workers to ionizing radiations in the course of their work. Workers engaged in recovery and decontamination work. The Committee notes the observations of the JTUC–RENGO, submitted under the Labour Inspection Convention, 1947 (No. 81), that for the decommissioning of the Fukushima Nuclear Power Station (undertaken following the earthquake in 2011), the accumulated radiation doses of each worker are increasing, and that securing a sufficient number of workers with the necessary skills and experience is a pressing issue. The JTUC–RENGO states that it is crucial to secure occupational safety and health by taking measures to reduce workloads and radiation exposure and employers must implement complete protective measures for workers including health care and education. The Government should enhance supervision and monitoring in that respect, and take full measures for workers engaged in special decontamination zones and their surroundings.

The Committee notes the Government’s statement in its report that, for the prevention of radiation hazards for workers engaged in decontamination work, it established the Ordinance on the prevention of ionizing radiation hazards for decontamination and related works. This Ordinance requires 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 Government indicates that inspections are undertaken at worksites, and the necessary guidance provided. The Committee refers to paragraph 24 of its general observation of 2015, which states that workers undertaking remedial actions for decontamination purposes should be subject to the relevant requirements for occupational exposure in planned exposure situations, as outlined in section 3 of the Radiation Protection and Safety of Radiation Sources: International Basic Safety Standards (BSS) issued by the International Atomic Energy Agency. The Committee requests the Government to pursue its efforts to ensure that the protection provided in the Convention is applied to workers engaged in decontamination works, and to continue to provide information on the measures it is taking in this regard.

Article 7. Exposure of workers under the age of 18. The Committee notes the observations of the JTUC–RENGO that legal violations related to persons under 18 working in decontamination work were reported in the press. The union urges the Government to strengthen guidance and supervision to ensure that persons under 18 years of age are not employed in decontamination work. The Committee requests the Government 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.

Articles 12 and 13. Medical surveillance and records of individual doses. The Committee notes the observations of the JTUC– RENGO that, with respect to the ongoing decommissioning work at the Fukushima Nuclear Power Station, it is essential to apply mid- to long-term health-care measures that cover workers after retirement. The Committee also notes the Government’s reference to section 30 of the abovementioned Ordinance, which provides that the medical examination requirements for workers engaged in such work include a review of radiation exposure history, examinations for the eyes and the skin, and blood tests. The Committee draws the Government’s attention to paragraphs 26 and 39 of its 2015 general observation concerning workers’ health surveillance, and paragraphs 29 and 41 concerning records of individual doses. The Committee requests the Government to provide information on the measures taken to ensure that workers directly engaged in radiation work undergo medical examinations prior to such work and subsequently undergo further medical examinations at appropriate intervals. It also invites the Government to provide information on any measures taken to avoid a situation in which a worker may believe they must suppress dosimetric information or other actions, in order to maintain their work status.

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

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

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

Article 2 of the Convention. Application of the Convention to all activities involving exposure of workers to ionizing radiations in the course of their work. Emergency workers. The Committee notes the statement of the JTUC–RENGO that, due to the accident at the Fukushima power plant following the earthquake in 2011, an Ordinance on special measures was issued that raised the emergency radiation exposure dose limit to 250 mSv. Workers engaged in emergency work under that Ordinance, and accordingly mid- to long-term dose management must be implemented by the Government for workers whose exposure exceeded the normal exposure limit (100 mSv over a five-year period). The Committee notes the Government’s statement that the Ordinance on special measures was in force between March and December 2011, and that when the nuclear reactors were stabilized, the emergency radiation exposure dose limit was returned to 100 mSv. The Government also indicates that based on lessons learned from the 2011 earthquake, it has promulgated an amendment to the Ordinance on the prevention of ionizing radiation hazards and the Ministerial Guidelines for maintenance and improvement of the health of emergency workers at nuclear facilities, which will come into force on 1 April 2016. Based on the concept that a certain margin should be adopted regarding the application of dose limits for regular radiation workers, employers may assign workers whose cumulative dose exceeds 100 mSv over five years to normal radiation works where additional exposure is controlled within 5 mSv a year if the workers are essential to maintain the safety of nuclear facilities. The Committee also notes that the amended Ordinance on the prevention of ionizing radiation hazards provides that the Minister of Health, Labour and Welfare may set a special dose limit (exceptional emergency dose limit) not exceeding 250 mSv in situations in which it is difficult to observe the dose limit of 100 mSv during the emergency works. The Ordinance provides that employers shall select exceptional emergency workers from among the nuclear disaster prevention workers specified in the Act on special measures concerning nuclear emergency preparedness.

The Committee 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 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 requests the Government to take further measures to ensure that the protection provided in the Convention applies to emergency workers. In this regard, it requests the Government to indicate the measures taken or envisaged to ensure that workers who may be exposed to the exceptional emergency dose limits do so voluntarily and only after being informed of the associated health risks. The Committee also requests the Government to provide detailed information on the measures taken, including long-term measures, to monitor those workers exposed to higher doses of ionizing radiation following the 2011 earthquake.

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

[The Government is asked to reply in detail to the present comments in 2017.]

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

The Committee notes the Government’s report including information that the Ordinance on Labour Standards for Women and Minors is now the “Ordinance on Labour Standards for Minors”.

Article 14 of the Convention. Alternative employment or other measures offered for maintaining income where continued assignment to work involving exposure is medically inadvisable. The Committee notes the reference made by the Government to section 59 of the Ordinance on Prevention of Ionizing Radiation Hazards which provides that the employer should take necessary measures to maintain the health of workers found, on the basis of medical examination, to have, or suspected to have, an actual or potential health impairment due to exposure to radiation. These measures may include a change of workplace or type of work, a shortening of the period of exposure, modification of work process, etc. until such health impairment or potential impairment are resolved. The Committee also notes the information that when workers covered by unemployment insurance have been removed from their jobs, they remain eligible to receive unemployment benefits if certain conditions are met. The Committee requests the Government to provide further information on the measures taken in relation to workers not covered by unemployment insurance, and on the conditions that have to be fulfilled to remain eligible to receive unemployment benefits, as well as information on the application of these provisions in practice.

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

1. The Committee notes the Government’s comprehensive report, including the revised provisions of the Ordinance on Industrial Safety and Health and the Ordinance on the Prevention of Ionizing Radiation Hazards (as amended in March 2001), the revised Regulations on the Special Education for Nuclear Fuel Substance Handling Operations (Notification No. 1 of 30 January 2000), as well as Ordinance No. 21 on the Prevention of Mariner Exposure to Ionizing Radiation Hazards of 23 June 1973 (as amended until April 2001).

2. Article 3, paragraph 1 and Article 6, paragraph 2. Effective protection of workers against ionizing radiation. The Committee notes with satisfaction the indication of the Government that the Ordinance on the Prevention of Ionizing Radiation Hazards was amended in March 2001, thus revising the exposure limit of workers engaged in radiation work. The effective dose limits are now 100 mSv for a block of five years and 50 mSv for any single year. In respect of pregnant women, the effective dose by internal exposure is limited to 1 mSv for the duration of the pregnancy, with a dose equivalent at the abdominal surface of 2 mSv. The Committee notes with interest that the Ordinance on the Prevention of Mariner Exposure to Ionizing Radiation Hazards was similarly revised in April 2001.

3. Emergency exposure situations. The Committee notes with satisfaction the indication of the Government that the Ordinance on the Prevention of Ionizing Radiation Hazards was amended in March 2001 to stipulate the exposure limits in emergency operations, taking into consideration the 1990 ICRP recommendations and that 100 mSv is the effective dose, 300 mSv, the lenticular dose equivalent and 1 mSv, the dermal dose equivalent. The Committee also notes with interest the indication of the Government that similar amendments have been made to the Ordinance on the Prevention of Mariner Exposure to Ionizing Radiation Hazards in April 2001.

4. Article 14. Alternative employment or other measures offered for maintaining income where continued assignment to work involving exposure is medically inadvisable. The Committee notes that, in reply to its previous comments, the Government has indicated that the effective dose to which workers may be exposed in a year is less than the prescribed level, and that situations where workers in radiation work need to be provided with alternative employment are unlikely to arise, unless there is an accident. While noting that measures have been taken to limit the exposure of workers, the Committee wishes to point out that there may be situations where a worker is unable to continue in radiation work on legitimate health grounds. The Committee also wishes to draw the attention of the Government to paragraph 32 of the 1992 general observation under the Convention where it is indicated that every effort must be made to provide the workers concerned with suitable alternative employment, or to maintain their income through social security measures or otherwise where continued assignment to work involving exposure to ionizing radiations is found to be medically inadvisable. In the light of the above indications, the Committee requests the Government to consider taking appropriate measures to ensure that no worker shall be employed or shall continue to be employed in work by reason of which the worker could be the subject of exposure to ionizing radiation contrary to medical advice and that for such workers, every effort is made to provide them with suitable alternative employment or to offer them other means to maintain their income and requests the Government to keep it informed in this respect.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes the information provided with the Government’s report. It notes that a revision of the Ordinance on industrial safety and health, and the Ordinance on the prevention of ionizing radiation hazards has been undertaken in January 2000 in consequence to an accident that occurred at the uranium processing plant in Tokai-mura, Ibaraki prefecture, on 30 September 1999. Moreover, it notes that the Ministry of Labour issued regulations on the special education for nuclear fuel substances handling operations which are based on the provisions found in the Ordinance on the prevention of ionizing radiation (Ministry of Labour Notification No. 1, 20 January, 2000). The Committee would be grateful if the Government would provide copies of the amendments referred to above as well as of the Ministry of Labour Notification No. 1, 20 January, 2000 and the Ordinance on mariners prevention of ionizing radiation hazards for further examination.

Furthermore, the Committee would draw the Government’s attention to the following points.

1. Article 3, paragraph 1, and Article 6, paragraph 2, of the Convention. The Committee notes that the Radiation Council after discussion has rejected the possibility of incorporating the dose limits for exposure to ionizing radiation, set out by the International Commission on Radiological Protection (ICRP) in its 1990 Recommendations, into national law. The Committee accordingly understands that the dose limits have not been the subject of the amendments incorporated to the above ordinances in January 2000. In this context, it notes the abstract of reasons contained in the Government’s report, which has been submitted to the administrative agencies concerned in 1998 by the Radiation Council. The explanations, why the incorporation of the ICRP Recommendations into national legislation is not necessary only refer to workers’ exposure in emergency situations and to the exposure of pregnant or possibly pregnant women. With regard to workers engaged in radiation work, the Committee notes that article4 of the Ordinance on the prevention of ionizing radiation hazards fixes the annual dose limit at 50 mSv. The Committee therefore points out that in accordance with Article 3, paragraph 1, and Article 6, paragraph 2, of the Convention, all appropriate steps shall be taken to ensure effective protection of workers against ionizing radiations, and maximum permissible doses and amounts shall be kept under constant review in the light of the available knowledge. In this regard, the Committee recalls its 1992 general observation under the Convention in which it referred to the relevant dose limits established by the ICRP in its 1990 Recommendations which reflect the knowledge available at the time in order to ensure effective protection of workers. The ICRP fixed the effective dose limit at 20 mSv per year averaged over five years, with the further provision that the effective dose should not exceed 50 mSv in any single year, for workers directly engaged to radiation work. The Government is therefore requested to reconsider the possibility of the incorporation of the dose limits set out in the above 1990 ICRP Recommendations into national legislation to give effect to Article 3, paragraph 1, and Article 6, paragraph 2, of the Convention.

2. Emergency exposure situations. With regard to the protection of workers undertaking an intervention due to accidents designated in article 42, paragraph 1, of the Ordinance on the prevention of ionizing radiation hazards, as amended, in an area where a person could be exposed to radiation exceeding 15 mSv, the Committee notes that pursuant to article 7, paragraph 1, of the above Ordinance, workers may be exposed to radiation exceeding the annual dose limit of 50 mSv, provided for in article 4 of the same Ordinance, but not exceeding 100 mSv. As for mariners, the Government indicates that article 36, paragraph 1, read together with article 10 of the Ordinance on mariners prevention of ionizing radiation hazards, applies the above-described dose limits to mariners when they undertake an intervention in emergency situations following an accident. The Committee therefore would draw again the Government’s attention to paragraphs 17 and 35(c) of its 1992 general observation under the Convention, as well as to paragraph V.27. of the 1996 publication of the International Basic Safety Standards, providing that a dose limit incurred in the course of an intervention after an accident, should not exceed, in any case, except for life saving actions, twice the relevant annual dose limit specified for workers employed in radiation work. While article 4 of the Ordinance on the prevention of ionizing radiation hazards prescribes an annual dose limit of exposure of 50 mSv for workers engaged in radiation work, this criteria would be met by the provision of article 7, paragraph 1,of the Ordinance on the prevention of ionizing radiation hazards. The Committee, however, refers to its comments under Article 3, paragraph 1, and Article 6, paragraph 2, of the Convention, and recalls that the above dose limit for radiation workers does not reflect the knowledge available at the time which, for its part, is reflected in the 1990 Recommendations of the ICRP to which the Committee had referred in its 1992 general observation under the Convention. The Committee consequently requests the Government to indicate the steps taken or envisaged in relation to the new exposure limits for abnormal circumstances established by the ICRP in 1990.

3. The provision of alternative employment. With reference to paragraphs 28 to 34 and 35(d) of the 1992 general observation under the Convention, and the principles reflected in paragraphs 1.18. and V.27. of the 1996 publication of the International Basic Safety Standards, the Committee requests again the Government to provide information on the measures taken or contemplated to provide opportunities not involving exposure to ionizing radiations for workers having accumulated an effective dose beyond which detriment to their health considered unacceptable is to arise and who may be faced with the dilemma that protecting their health means losing their employment.

Direct Request (CEACR) - adopted 1995, published 83rd ILC session (1996)

The Committee notes the information provided by the Government in its report that the 1990 Recommendations of the International Commission on Radiation Protection (Publication No. 60) have been discussed by the Radiation Council since 1991. Referring also to its 1992 General Observation on the Convention, the Committee looks forward to the incorporation of the dose limits set out in the above Recommendations into national legislation, and requests the Government to supply information on the provisions adopted or envisaged as well as further details on the following points:

1. Emergency exposure situations. In its previous direct request, the Committee drew the attention of the Government to paragraphs 16 to 27 and 35(c) of its General Observation under the Convention. In this regard, the Committee would once again request the Government to indicate the steps taken in relation to the matters raised in the above paragraphs and in the light of paragraphs 233 and 236 of the 1994 International Basic Safety Standards, in particular with respect to the strict definition of circumstances in which exceptional exposure might take place, and the optimization of protection during accidents and emergency work through the design and protective features of the workplace and equipment and emergency planning for intervention relying on such techniques as robotized equipment.

2. The provision of alternative employment. With reference to paragraphs 28 to 34 and 35(d) of the 1992 General Observation under the Convention, and the principles reflected in paragraphs 96 and 238 of the International Basic Safety Standards, the Committee requests the Government to provide information on measures taken or contemplated to ensure effective protection of workers who may have accumulated exposure beyond which an unacceptable risk of detriment is to occur and who may be faced with the dilemma that protecting their health means losing their employment.

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

I. The Committee notes the information supplied in the Government's report concerning the amendments made in 1988 to the Ordinance on Prevention of Ionising Radiation Hazards and the Ordinance on Mariners Prevention of Ionising Radiation Hazards to take into account the recommendations made by the International Commission on Radiological Protection (ICRP) in Publication No. 26 of 1977. In this regard, the Committee would call the Government's attention to its General Observation under this Convention which sets forth, inter alia, the revised exposure limits established by the International Commission on Radiological Protection on the basis of new physiological findings in its 1990 Recommendations (Publication No. 60). The Committee would recall that, under Article 3, paragraph 1 and Article 6, paragraph 2 of the Convention, all appropriate steps shall be taken to ensure effective protection of workers against ionising radiations and to review maximum permissible doses of ionising radiations in the light of current knowledge. The Government is requested to indicate the steps taken or being considered in relation to the matters raised in the conclusions to the General Observation.

II. The Committee notes with interest the information supplied in the Government's report in reply to its General Observation of 1987 concerning measures to be taken in abnormal situations. It notes the Government's indication that, in planned special exposures, the permissible dose limits are set at 100 mSv (10 rems) per year. In this regard, the Committee would call the Government's attention to paragraphs 16 to 27 of its General Observation under this Convention. It requests the Government to indicate, in its next report, the steps taken in relation to the matters raised in the conclusions to the General Observation, particularly as concerns paragraph 35(c).