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.