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37. Industrial accident prevention organizations
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The prevention of industrial accidents has been very successful due to the observance of the Industrial Safety and Health Law, related ordinances, etc. that stipulate the minimum standards, etc. for measures to be taken by employers, supervision and guidance by labor standards inspectors, etc. However, in order to continually improve achievements, activation of voluntary activities by management and labor at their respective workplaces is essential, and it is also necessary to ensure that measures are shared by the respective industries.
For this reason, the national government encourages the establishment of organizations, with employers as members, as legally authorized juridical bodies for the purpose of preventing industrial accidents.
The law that stipulates the roles, services, etc. of industrial accident prevention organizations is the Industrial Accident Prevention Organization Law (partially amended when the Industrial Safety and Health Law was enacted). This law was enacted in 1964 before the Industrial Safety and Health Law (1972), and based on the law, the Japan Industrial Safety and Health Association and the industrial safety and health organizations of respective industries were established and subsequently managed. (The Industrial Accident Prevention Organization Law, and the Enforcement Ordinance of Industrial Accident Prevention Organization Law)
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1. Types of organizations (Law Article 8)
The following industrial accident prevention organizations were established, in
consideration of the occurrence rates of industrial accidents, etc.: |
| a. |
Japan Industrial Safety and Health Association |
| b. |
Industrial safety and health associations by industry
| · |
The Japan Construction Safety and Health Association |
| · |
The Japan Land Transportation Industry Safety and Health Association |
| · |
The Japan Port Transportation Industriy Safety and Health Association |
| · |
The Japan Forestry and Timber Manufacturing Labour Accident Prevention
Association
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| · |
The Japan Mining Safety and Health Association
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Note: For associations by industry, there is a restriction stipulating that
unless the total number of workers of the member companies exceeds one third of
the workers regularly working in the designated industry, the association cannot
be established. (Law Article 43; Ordinance Article 11) |
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2. Services
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| a. |
Japan Industrial Safety and Health Association (Law, Article 11) |
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| (a) |
Communication and coordination between members |
| (b) |
Promotion of activities performed by employers, employers' organizations, etc.
for prevention of industrial accidents
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| (c) |
Establishment and management of facilities for educational and technical
assistance
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| (d) |
Guidance and support concerning technical matters
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| (e) |
Tests and inspections of machines and apparatuses
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| (f) |
Training courses concerning the skills of workers
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| (g) |
Collection and presentation of information and data
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| (h) |
Execution of services commissioned by the national government
| · |
Services for developing the instructors engaged in safety and health education,
and for improving their competence |
| · |
Inspection of toxicity of chemical substances, etc. that threaten to impair
health |
| · |
Collection and presentation of information and data concerning the creation of a
comfortable working environment, and activities for raising awareness among the
parties concerned
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| · |
Technical assistance and advice to organizations taking measures to create a
comfortable working environment in their respective prefectures
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| · |
Guidance and support concerning technical matters for industries in which
industrial safety and health organizations have not been established
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| b. |
Industrial safety and health associations by industry (Law, Articles 36 to 50) |
|
| (a) |
Establishment of Industrial Safety and Health Prevention Regulations (subject
to approval by the Minister of Health, Labour and Welfare) (Law, Articles
37 to 41)
For revision or abolition of the Industrial Safety and Health Prevention
Regulations, it is necessary to listen to the opinions of workers and to those
who are learned and experienced.
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| (b) |
Guidance and support for members concerning technical matters |
| (c) |
For the designated industry concerned:
| · |
Tests and inspections of machines and apparatuses
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| · |
Training courses concerning the skills of workers
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| · |
Investigations and public relations
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| · |
Services incidental to the above matters
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| (d) |
Services listed in (c) for those other than the members of the designated
industry if the Minister of Health, Labour and Welfare requests such services |
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3. Qualifications of members (Law, Article 13)
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| a. |
Japan Industrial Safety and Health Association
| · |
An association registered as a juridical person |
| · |
A nationwide organization of employers performing activities for the prevention
of industrial accidents
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| · |
An organization performing activities for the prevention of industrial
accidents, which has the Articles of the organization and does not belong to
either of the above two organizations
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| b. |
Industrial safety and health associations by industry (Law, Article 42)
| · |
An employer belonging to the designated industry concerned and an organization
of those employers |
| · |
A nationwide organization of employers (belonging to the designated industry
concerned) performing activities for the prevention of industrial accidents
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| 4. Qualifications of persons who provide guidance and support concerning
technical matters (Law, Article 12; Ordinance, Articles 1 and 2) |
| Every industrial safety and health association is required to have a safety
officer and a health officer as persons who provide guidance and assistance
concerning technical matters for the prevention of industrial accidents, and
their qualifications are approximately as follows: |
| a. |
Qualifications of a safety officer
| · |
A person who has completed a course related to industrial safety at a university
or higher technical school, has graduated from the university or school, and has
had business experience related to industrial safety for seven years or longer
following graduation |
| · |
A person who has completed a course related to the manufacturing industry at a
senior high school, has graduated from the school, and has had business
experience related to industrial safety for ten years or longer following
graduation |
| · |
An industrial safety consultant |
| · |
A person who has completed a course other than a course related to industrial
safety at a university or higher technical school, has graduated from the
university or school, and has had business experience related to industrial
safety as a senior expert official for industrial safety, etc. with the
national government for seven years or longer following graduation |
| · |
A person who has completed a course other than a course related to the
manufacturing industry at a senior high school, has graduated from the
school, and has had business experience related to industrial safety as
a senior expert official for industrial safety, etc. with the national
government for ten years or longer following graduation
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| However, for a safety officer belonging to the Japan Mining Safety and Health
Association, the following qualifications apply: |
| · |
A person who has passed the senior safety technical officer test |
| · |
A person who has been recognized as being equal or superior to a person who has
passed the senior safety technical officer test
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| b. |
Qualifications of a health officer
| · |
A person who has completed a course related to industrial health at a university
or higher technical school, has graduated from the university or school, and has
had business experience related to industrial health for seven years or longer
following graduation |
| · |
A person who has completed a course related to science at a senior high school,
has graduated from the school, and has had business experience related to
industrial health for ten years or longer following graduation |
| · |
An industrial health consultant |
| · |
A person who has completed a course other than a course related to industrial
health at a university or higher technical school, has graduated from the
university or school, and has had business experience related to industrial
health as a senior expert official for industrial health, etc. with the national
government for seven years or longer following graduation |
| · |
A person who has completed a course other than a course related to science at a
senior high school, has graduated from the school, and has had business
experience related to industrial health as a senior expert official for
industrial health, etc. with the national government for ten years or longer
following graduation
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| However, for a health officer belonging to the Japan Mining Safety and Health Association, the following qualifications apply: |
| · |
A person who has acquired the license of a doctor, dentist, or pharmacist and
has had business experience related to industrial health for four years or
longer following acquisition of the license |
| · |
A person who has completed a course related to industrial health at a university
or higher technical school, has graduated from the university or school, and has
had business experience related to industrial health for seven years or longer
following graduation
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| 5. Management expenses (Law, Articles 15, 42 and 54) |
| The management expenses of each industrial safety and health association are
covered by membership fees and profits from business activities, but the
national government may also grant partial financial help within the budget of
the workmen's accident account of the Labour Insurance Special Account. |
| 6. Others |
| · |
An industrial safety and health association should be registered as a juridical
person. (Law, Article 10) |
| · |
The Minister of Health, Labour and Welfare may request necessary reports from
each industrial safety and health association, make on-site inspections, make
corrective recommendations for inadequate management, and partially stop the
business of the association or cancel the authorization if the association does
not make a recommended correction. (Law, Articles 52 and 53) |
| · |
The Japan Industrial Safety and Health Association may nominate a councilor
from those who are learned and experienced. (Law, Article 27) |
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(The next article in this series covers the laws relating to pneumoconiosis.)
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