By means of Notice No. 1063 of the Labor Standards Bureau dated December 12, 2001 and entitled "Recognition Standards for Cerebro-Vascular Diseases, Ischemic Heart Diseases, Etc. (Excluding Those Attributable to Injuries)" (hereinafter referred to as "new recognition standards"), the Ministry of Health, Labor and Welfare (MHLW) amended the standards for recognizing brain and heart diseases as occupational diseases and determined to newly consider long-term overwork accompanied by accumulated fatigue as clearly excessive burdens due to work in recognizing industrial accidents.

Under these new recognition standards, the MHLW indicated the relationship between working hours that are considered the primary factor leading to accumulated fatigue in determining the existence of long-term excessive overwork and the appearance of symptoms of brain and heart diseases.

On the basis of the medical opinions underlying the concept behind the new recognition standards, this comprehensive program specified "Measures to be Taken by Employers to Prevent Health Impairment Due to Overwork" (as indicated in the attachment), in relation to preventing brain and heart diseases due to overwork. The comprehensive program aims at preventing health impairment due to overwork by means of the thorough implementation of these measures.

Prefectural Labor Bureaus and Labor Standards Inspection Offices shall take every opportunity (such as group guidance) in widely disseminating the contents of the attachment by utilizing leaflets, etc.

Such organizations as related employer associations, industrial health promotion centers and regional industrial health centers will also be utilized in widely disseminating such measures among employers.

Moreover, the Self-Diagnosis Check List for the Degree of Accumulated Fatigue Among Workers that will be prepared and announced via the Website in fiscal 2002 will also be widely disseminated.

(1) Fully providing guidance concerning time limitations for overtime work under Article 36 agreements

1. In submitting an agreement based on Article 36 of the Labor Standards Law (hereinafter referred to as "Article 36 agreements"), if an employer submits an Article 36 agreement that exceeds the "Standards Concerning Limitations on the Extension of Working Hours as Determined in the Agreement Specified in Paragraph 1, Article 36 of the Labor Standards Law" (Notification No. 154 of the Ministry of Labor; 1998) (hereinafter referred to as the "Limitation Standards"), a Labor Standards Inspection Office shall provide guidance to the effect that the Limitation Standards must be observed.
   
   If an Article 36 agreement provides that it is possible to extend working hours beyond the time limitations in the case of a "special situation" as specified in the proviso of Article 3 of the Limitation Standards, a Labor Standards Inspection Office shall provide guidance to minimize such time from the standpoint of preventing health impairment due to overwork.
   
   
2. Even if an Article 36 agreement permits overtime work exceeding 45 hours per month (meaning work exceeding 40 hours per week; hereinafter the same), guidance shall be provided to restrict actual overtime work to 45 hours or less per month.

(2) Notifications and guidance on the management of worker health

In the event of receiving Article 36 agreements enabling overtime work exceeding 45 hours per month as specified in Item (1) above or receiving notifications relating to the arbitorary work system, a Labor Standards Inspection Office shall provide guidance on the contents of the attachment by utilizing leaflets, etc.

(1) Such measures as supervisory guidance and group guidance shall be provided for workplaces where overtime work exceeding 45 hours per month is suspected.

(2) Supervisory guidance shall be provided as follows.

1. In the event cases of overtime work exceeding 45 hours per month are uncovered, instructions shall be provided to take the measures specified in "a," (2), 4 of the attachment. In addition, guidance shall be provided concerning the reduction, etc., of overtime work from the standpoint of preventing health impairment due to overwork.
   
   
2. In the event cases of overtime work exceeding 100 hours per month are uncovered or in cases in which the monthly average overtime work in a period of two to six months exceeds 80 hours, instructions shall be issued for the immediate implementation of the measures specified in "b," (2), 4 in addition to guidance to be provided based on "a."
   
   
3. In case an Article 36 agreement does not conform to the Limitation Standards and surveys among worker representatives reveal that studies between management and labor have not be fully made concerning the fact that such agreement does not conform to the Limitation Standards, the necessary instructions shall be provided to both parties to such agreement.
   

(3) In the event the employer does not follow the instructions relating to the measures specified in "b," (2), 4 of the attachment that are required according to "b," (2) above, the Labor Standards Inspection Office shall require such employer to submit a report describing the working environment, working hours, the number of late night work assignments and the number of late night working hours, the results of past medical examinations, etc., with respect to workers subject to the relevant measures, and shall ask for the opinions of the medical advisor on industrial health. On the basis of such opinions, the Labor Standards Inspection Office shall provide strict instructions including those for the implementation of extraordinary health examinations based on Paragraph 4, Article 66 of the Industrial Safety and Health Law.

(1) Providing guidance to workplaces subject to occupational diseases due to overwork to ensure the prevention of any recurrences

Guidance shall be provided to workplaces where occupational diseases due to overwork are reported to implement the measures specified in "b," (2), 4 of the attachment.

(2) Strict handling including judicial actions

If surveys reveal that a workplace subject to occupational diseases due to overwork has violated laws and ordinances related to labor standards, such cases shall be handled in a strict manner including judicial actoins.