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Guideline

Occupational Safety and Health Management System (1999)
In Japanese

Ministry of Labour Notification No.53

In accordance with the provision of Article 24-2 of the Ordinance on Industrial Safety and Health (Ministry of Labour, Ministerial Ordinance No.32, 1972), the Ministry of Labour hereby adopts, as stipulated hereinafter, the following guidelines concerning occupational safety and health management systems. The provisions of these guidelines are detailed below.

April 30, 1999

Minister of Labour

Akira Amari

Guidelines for Occupational Safety and Health Management Systems

(Purpose)

Article 1

1.The purpose of these Guidelines is to raise the level of safety and health in workplaces. To achieve these objectives, these Guidelines have been designed to spur employers to adopt, with the cooperation of their workers, a series of processes, and to engage in continuous and voluntary safety and health activities, thereby reducing potential safety risks, promoting workers' health, and facilitating the establishment of a comfortable working environment.

(Scope)

Article 2

1.The provisions of these Guidelines should apply to employers who intend to establish occupational safety and health management systems (OSHMS), considering risks, hazards, etc. in the workplace.

Article 3

1.These Guidelines do not stipulate specific measures that employers are required to adopt in accordance with the Industrial Safety and Health Law (Law No.57, 1972), in order to reduce or eliminate hazards or health impairment associated with machines, equipment, chemical substances, etc.

(Definitions)

Article 4

1.The terms that appear in these Guidelines are used in accordance with the following definitions.

1)Occupational safety and health management systems (OSHMS)

OSHMS constitute a set of measures concerning safety and health management that are implemented and operated on a permanent basis, and that are conducted as a whole along with business execution such as production management. These measures are composed of: (1) public announcements of in-house safety and health policies; (2) establishment of safety and health targets; (3) formulation, implementation and operation of safety and health plans; (4) routine inspection and improvement of the implementation and operation of safety and health plans, etc.; and (5) periodic adoption of a series of processes involving everything from (1) to (4) above.

2)Safety and health policy

A safety and health policy is a publicly issued statement in which an employer expresses its basic thinking regarding how it intends to raise the level of safety and health at its workplace(s).

3)Safety and health targets

Safety and health targets are specific goals that an employer must achieve within a specified time frame based on its safety and health policy.

4) Safety and health plan

A safety and health plan is a plan which an employer, cognizant of the presence of risks, hazards, etc. in the workplace, adopts in order to ensure the achievement of specific safety and health targets within a specified time frame.

5) Emergency situation

An emergency situation is one in which there is imminent danger of the occurrence of an occupational accident.

6)System audit

A system audit is a review and assessment carried out by an employer in order to determine whether or not its OSHMS is being properly implemented and operated, taking into consideration the period of its safety and health plan.

(Publication of Safety and Health Policies)

Article 5

1.Employers should publish their safety and health policies, and ensure that all their workers are fully informed.

2.It is recommended that a safety and health policy provide for the following:

1)Carrying out safety and health activities with the cooperation of workers;

2)Observance of all laws and regulations concerning occupational safety and health, and of all rules pertaining to workplaces (hereinafter referred to as workplace safety and health rules), etc.;

3)Proper implementation and operation of OSHMS.

(Identification of Risks, Hazards and Countermeasures)

Article 6

1.Employers should adopt specific procedures for identifying risks and/or hazards in the workplace associated with machines, equipment, chemical substances, etc. and use these procedures to identify all risks and/or hazards in the workplace.

2.Employers should adopt specific procedures for identifying: (1) measures that they are required to carry out under the terms of all laws and regulations concerning occupational safety and health as well as all workplace safety and health rules; and (2) measures that must be taken in order to reduce or eliminate the risks and/or hazards as specified in Article 6, paragraph 1. (Items (1) and (2) are hereinafter referred to as "necessary measures.") Employers should use these procedures to identify all necessary measures.

(Adoption of Safety and Health Targets)

Article 7

Employers should adopt safety and health targets based on their safety and health policies.

(Formulation of a Safety and Health Plan)

Article 8

Employers should formulate a safety and health plan to achieve their safety and health targets, which contains routine measures concerning safety and health activities and may include, for example, the necessary measures specified above in Article 6, paragraph 2, hazard-prediction training, etc.

(Incorporation of Workers' Opinions in Safety and Health Measures)

Article 9

1.Employers should establish procedures for incorporating workers' opinions in their safety and health targets and safety and health plans. Such procedures may include, for example, the use of a safety and health committee, etc. Employers should use these procedures to incorporate workers' opinions in their safety and health measures.

(Implementation and Operation of Safety and Health Plans)

Article 10

1.Employers should establish procedures for implementing and operating their safety and health plans in an appropriate and permanent manner. Employers should use these procedures to implement and operate their safety and health plans in an appropriate and permanent manner.

2.Employers should establish procedures for informing workers, contractors, and other parties concerned about measures that are required for the appropriate and permanent implementation and operation of their safety and health plans. Employers should use these procedures to inform workers, contractors, and other parties concerned about the measures that are required for the appropriate and permanent implementation and operation of their safety and health plans.

3.The provisions of the previous article apply, mutatis mutandis, to the implementation and operation of safety and health plans.

4.When employers intend to transfer or receive machines, equipment, chemical substances, etc., they should make every reasonable effort to obtain written documentation concerning the proper handling of said items in order to identify all risks and/or hazards as described in Article 6, paragraph 1. Employers should establish procedures for informing their workers of all necessary handling instructions, and use these procedures to inform their workers of all necessary handling instructions.

(Establishing an Organization)

Article 11

1. In order to establish an organization for the proper implementation and operation of their OSHMS, employers should carry out the following measures.

1)Employers should clearly stipulate the roles, responsibilities, and authority of workers engaged in each class of the system's management. (The term "workers engaged in each class of the system's management" refers here, and hereinafter, to personnel in charge of the OSHMS, including: (1) overall controller for an entire workplace; and (2) directors, division heads, section chiefs, foremen, and other such managerial or supervisory personnel.) Employers should fully inform all workers, contractors, and other parties concerned about the aforementioned roles, responsibilities, and authority of the said parties.

2)Employers should designate workers to engage in each class of the system's management.

3)Employers should make a reasonable effort to ensure sufficient personnel and funds for their OSHMS.

4)Employers should educate their workers about their OSHMS.

5)Employers should use a safety and health committee for the implementation and operation of their OSHMS.

(Documentation)

Article 12

1. Employers should document the following items.

1)Safety and health policy

2)Safety and health targets

3)Safety and health plan

4)Roles, responsibilities, and authority of workers engaged in each class of the system's management

5)Procedures established in accordance with the provisions of Article 6, Article 9 (including cases where Article 10, paragraph 3 applies), Article 10, paragraphs 1, 2, 4 and next paragraph, Article 14, paragraphs 1 and 2, and Article 15, paragraph 1. 2.Employers should establish procedures for the control of the aforementioned documents, and use these procedures to control the said documents.

(Emergency Situations)

Article 13

1.Employers should assess in advance the possibility of the occurrence of emergency situations, and establish procedures for preventing workers from being injured when such an emergency situation should arise. Employers should use these procedures in order to respond appropriately

(Routine Inspections, Improvements, etc.)

Article 14

1. Employers should establish procedures for routine inspections and improvements of the manner in which the safety and health plan is implemented and operated, etc. Employers should use these procedures to perform routine inspections and improvements of the manner in which the safety and health plan is implemented and operated, etc.

2.Employers should establish procedures for: studying the causes of occupational accidents, etc. when they occur; determining the problem sources of such accidents; and making improvements to eliminate these problems. Employers should use these procedures to study the causes of occupational accidents when they occur, determine the problem sources of such accidents, and make improvements to eliminate these problems.

3.When employers undertake formulation of a new safety and health plan, they should incorporate into the plan the results of the measures called for in the previous two paragraphs.

(System Audits)

Article 15

1.Employers should formulate a plan for periodic system audits, and establish procedures for the implementation of these audits. Employers should use these procedures to implement such system audits.

2.Employers, where they deem it necessary as the result of such a system audit, should improve the manner in which their OSHMS is implemented and operated.

(Records)

Article 16

1.Employers should make records of activities related to the implementation and operation of their OSHMS, including the implementation and operation of their safety and health plans, the results of system audits, etc. Employers should preserve these records properly.

(Revisions to OSHMS)

Article 17

1.Employers should periodically revise their OSHMS (i.e., by revising their safety and health policy, the procedures established on the basis of these guidelines, etc.), taking into account the results of system audits, to maintain the appropriateness and effectiveness of their OSHMS.
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