I. Circumstances and Problems Surrounding Labour Standards Administration
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1.Socio-economic Situation
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(1) |
Overview
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When examining the recent trends in the Japanese
economy, it is clear that Japan is continuing
to achieve steady economic improvements thanks
to the recovery in Asian economies and other
favorable factors, in addition to the effects
of various domestic policy measures. However,
consumer spending in general still appears
to be struggling to achieve a sustained recovery
in the wake of low personal income and high
unemployment rates due to the continuing
moves of industries towards reducing employment.
In particular, trends in private demand,
which is a key factor in supporting autonomous
economic recovery, still remain less than
strong.
The employment situation is also encountering
a head wind with the perfect unemployment
rate remaining at a high level despite
increases
in overtime working hours and other
favorable
trends.
Under these circumstances, and based
on the
recognition that promoting activities
in
the private sector is the most important
policy agenda to achieve autonomous
economic
recovery, the government is making
efforts
to support and encourage diverse business
operations by small and medium-sized
enterprises
and venture businesses, to promote
deregulation
and system reforms in the fields of
growth
industries and business infrastructure,
and
to implement various policy measures
to create
and stabilize employment. These efforts
are
aimed at trying to mitigate public
concern
about the employment situation.
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(2) |
Circumstances Surrounding Labour Standards
Administration
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Reflecting these socio-economic conditions,
a number of suspected violations of laws
and regulations relating to labour standards
are notified to labour standards inspection
offices nationwide. At the same time, requests
for advice on worsening working conditions,
such as dismissal, wages and working hours,
have been sent to these offices
Moreover, rapid changes in the industrial
structure are accelerating corporate
reorganization
and the reconstruction of businesses
at an
unprecedented speed. Because of their
significant
effects on the labour market, these
trends
have become the recent focus of public
concern.
For example, a number of workers have
been
transferred to affiliated companies
or other
positions, or subject to forced retirement
due to changes in the economic structure.
In 1999, workers averaged total of
1,842
actual working hours per year, versus
1,709
scheduled working hours. This represented
a decrease of 37 and 33 hours respectively,
from the figures for 1998, and marked
a historic
low for these data.
Although casualties due to industrial
accidents
have been declining over the long term,
about
570,000 workers suffer from accidents
in
1999, and the fatal accidents is expected
to increase over the figure recorded
in the
previous year.
In addition, a number of serious accidents
including one that led to a criticality
event
at a nuclear fuel reprocessing plant
in Tokai
village, have caused significant public
concern.
A similar trend can be seen in conditions
surrounding worker health. While the
incidence
of occupational diseases has been falling
over the long term, the figure for
1999 rose
slightly compared to that for the previous
year, with significant number of cases
of
pneumoconiosis, low-back pain and organic
solvent poisoning.
At the same time, in line with the
rapid
aging of society and a changing industrial
structure, more than 40 percent of
all workers
have shown some positive findings in
health
examination, leading to cerebral or
cardiovascular
disorders. Moreover, an increasing
number
of workers appear to be experiencing
serious
stress or anxiety concerning their
working
lives as a result of the recent sluggish
economic situation.
Moreover, reflecting the severe employment
conditions in recent years, claims
for workmen's
accident compensation insurance include
an
increasing number of cases involving
"karoshi"
(death due to overwork) or mental disorders.
These trends are becoming an important
focus
of public concerns, and it is feared
that
similar claims will increase in the
near
future.
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2. Challenges Facing Labour Standards Administration
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(1) |
Securing and improving working conditions
under the current severe economic conditions:
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It is clear that working conditions are deteriorating
and dismissal due to reasons attributable
to employers are increasing under the current
severe environment surrounding business operations
and rapid socio-economic changes. These trends
have also been negatively affecting our efforts
to secure and maintain statutory working
conditions at the proper level. It is feared
that such negative conditions would continue
further.
However, statutory working conditions must
be observed under whatever the economic environment
may be. In the current economic climate,
public concern about working conditions is
becoming stronger than ever.
Accordingly, considering that the role of
labour inspections and guidance in observing
the level of working conditions is becoming
especially important, it is necessary to
actively promote measures to maintain and
improve working conditions in general.
To deal with disputes related to working
conditions, the necessary information
must
be provided to promote voluntary settlements
and to support the activities and operation
of dispute resolution assistance systems,
and to respond to the nation's expectations
of labour standards administration.
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(2) |
Problems relating to working hours
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In order to achieve and firmly implanting
the target of 1,800 total actual working
hours per year, which is included among priority
policy measures adopted by the Cabinet in
July of 1999 ands spelled out in "Socio-Economic
Goals and Policy Direction of the New Economy,"
we have to endeavor to further reduce working
hours.
To this end, it is necessary to achieve strict
compliance with the principle of 40 working
hours per week and other standards relating
to working hours, such as the "Standards
for Limiting Overtime Working Hours"
under the Labour Standards Law.
At the same time, in order to achieve the
purpose of a discretionary labour system
such as planning work for planning work that
has been established on the basis of the
Labour Standards Law, it is necessary to
make efforts to achieve a better understanding
of the system, as well as promote its greater
dissemination and provide for further guidance.
In particular, the system will be correctly
and effectively utilized to help companies
appropriately manage the working hours of
workers engaged in planning and similar work.
It is also indispensable to provide better
working environments to these types of workers
in which they can demonstrate their capabilities
through autonomous and creative working styles.
In addition, it is necessary to ensure
a
better understanding of assistance
systems
to reduce working hours in workplaces
subject
to special exemption measures, and
to promote
voluntary efforts by both workers and
employers
for the reduction of working hours
in ways
that meet the specific conditions of
various
industrial types and operational sizes.
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(3) |
Problems relating to securing worker safety
and health
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Considering the current high incidence of
industrial accidents, including the rising
trend in fatal accidents, the government
intends to develop diverse measures to significantly
reduce the level of industrial accidents
on the basis of the 9th Industrial Accident
Prevention Program. These efforts will be
applied in particular to the construction
industry, in which a number of fatal accidents
are occurring.
We will also endeavor to realize the proposals
of the Conference on Safety Countermeasures
for the Prevention of Accidents, which was
established by the government after an accident
leading to a criticality event at a nuclear
fuel reprocessing plant in Tokai village.
These proposals call for creating a "safety-focused
culture" in which both individual citizens
and organizations will promote social trends
and encourage the public's willingness to
give safety the highest priority.
It is also necessary to promote measures
to secure worker health, including improving
worker health control, and promoting industrial
health activities. This includes encouraging
the better management of chemical substances
through the active utilization of the Material
Safety Data Sheet (MSDS) for chemical substances,
etc., disseminating occupational health and
safety management system(ohsms), and helping
workplaces improve the level of safety and
health activities by themselves.
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(4) |
Problems relating to the Workmen's Accident
Compensation Insurance System
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In recent years, the number of workers with
various health problems has been increasing
as shown by a rising rate of positive findings
in periodic medical examinations. In particular,
cases of cerebral and cardiovascular disorders
due to excessive work are increasing, and
karoshi (death which is caused by overwork)cases
are also causing serious public concern.
To respond to these changing conditions,
the Workmen's Accident Compensation Insurance
System must undertake measures to support
various systems and measures to maintain
worker health, especially to prevent cerebral
and cardiovascular disorders.
Labour welfare programs are also facing a
number of major problems. The biggest issue
the Workmen's Accident Compensation Insurance
System must deal with is the problem of declining
premium revenues due to decreases in the
incidence of industrial accidents, the rapid
development of tertiary industries and the
lingering economic recession, while the number
of rosai (workers' compensation)pension recipients,
which are the major target of the program,
is increasing. These trends call for effective
management of system operations by ensuring
transparency and stability in its operations.
For compensation claims relating to complicated
and difficult cases such as karoshi and mental
disorders, it is necessary to reach decisions
for compensation payments on a reasonable
basis and process such claims in a short
time.
It is also indispensable to adopt systematic
approaches to care for those who are
seriously
injured or impaired, as heavy burdens
are
now shouldered by the families of victims
in a society where the trend is moving
towards
nuclear families and victims and caretakers
are rapidly aging.
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II. Priority Measures in Labour Standards
Administration in Fiscal 2000
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1. Securing and Improving Working Conditions
in the Face of Severe Economic Conditions
(Omitted)
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2. Promotion Measures for Working Hours (Omitted)
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3. Measures for Worker Safety and Health
Improvement
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(1) |
Development of measures to further improve
the safety and health level at workplaces
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(a) |
Promoting the dissemination of the occupational
health and safety management system(ohsms):
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Promotional Activities for the Dissemination
of the Occupational Health and Safety Management
System(ohsms) will be encouraged and efforts
will be made to widely disseminate the occupational
health and safety management system(ohsms)
in the manufacturing, construction and other
industries in cooperation with industrial
accident prevention organizations.
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(b) |
Promoting voluntary safety and health management
activities:
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As a trial case, consulting systems for small
and medium-sized enterprises will be improved
to help them actively develop safety and
health management activities.
At the same time, safety and health
activities
among small-sized enterprise organizations
and their member workplaces will be
encouraged
by implementing an Assistance Program
for
Organizations of Small Scale Workplaces,
Etc., to Develop Safety and Health
Activities.
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(c) |
Enhancing safety and health consciousness:
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The commendation system will be continued
for foremen who demonstrate excellent performance
in terms of safety to strengthen their commitment
to safety management as they play a core
role in industrial accident prevention. The
safety and health consciousness of worker
groups associated with foremen with high
safety records will also be enhanced by effectively
implementing a Network Program of Foremen
with Excellent Safety Performance.
In addition, for workers who have been engaged
in site operations for a specified period
of time after completing skill training courses,
opportunities for reeducation in work safety
and the recognition of work dangers will
be provided, particularly with respect to
training on vehicle-type construction machines
(for excavation work). And safety and health
committee activities will be encouraged.
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(d) |
Improving functions to provide safety and
health information:
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In order to help employers improve their
safety and health education programs, safety
and health information, including information
on accident cases and chemical substances,
will be provided at Japan advanced Information
Center of Safety and Health(JAISH). In addition,
effective safety and health education will
be implemented through advanced audio-visual
media.
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(2) |
Developing measures to significantly decrease
industrial accidents
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(a) |
Promoting measures to prevent industrial
accidents in the construction industry:
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Effective measures will be continued on the
basis of the notification concerning the
Promotion of Comprehensive Industrial Accident
Prevention Measures in the Construction Industry.
In particular, the safety level among small
and medium-sized general contractors will
be improved through the smooth implementation
of the Program to Improve the Guidance Capabilities
of Small and Medium-Sized General Contractors.
The safety management capabilities of specialty
contractors will be improved and safety and
heath education for safety and health controllers
will be promoted through the Program to Promote
Safety Management Activities, Etc., by Specialty
Contractors, which entered a new cycle from
fiscal 2000.
With respect to construction work for wooden
houses and other low-rise residences, a construction
method that first installs scaffolding in
the construction process will be promoted
and firmly established to prevent accidents
involving falls from high places, by ensuring
the widespread adoption of the Guidelines
for a construction method that first installs
scaffolding in the construction process and
the smooth deployment of the Model Program
to Promote Safety Measures in the Construction
Work of Wooden Houses and Other Low-Rise
Residences.
At the same time, safety management systems
will be reexamined when contractors and facility
owners carry out such management in maintenance,
inspection and remodeling work.
In addition, considering that one of the
characteristics of the construction industry
is the necessity for safety management through
the cooperative activities of branch office
of contractors and construction sites, efforts
to encourage the penetration of occupational
health and safety management system(ohsms)s
in the construction industry will be promoted.
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(b) |
Promoting measures to prevent traffic-related
industrial accidents:
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A better understanding and broader dissemination
of the Guidelines for Measures to Prevent
Traffic-Related Industrial Accidents will
be ensured and the Promotion Program for
Measures to Prevent Traffic-Related Industrial
Accidents will be encouraged.
At the same time, education for the supervisors
in charge of the prevention of traffic-related
industrial accidents and for vehicle drivers
will be promoted.
In addition, better communications
with administrative
agencies, including police stations
and district
land transportation bureaus and other
related
organizations will be promoted, by
holding
liaison conferences of organizations
for
the prevention of traffic-related industrial
accidents.
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(c) |
Promoting measures to prevent industrial
accidents in tertiary industries:
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Measures to prevent industrial accidents
in tertiary industries will be promoted in
a comprehensive manner.
At the same time, guidelines to prevent industrial
accidents on the basis of industry-specific
activities will be facilitated for better
understanding and broader dissemination.
In addition, a new "Program to Improve
the Infrastructure for Safety and Health
Activities in Growth Industries (Tentative
Name)" will be implemented.
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(d) |
Promoting measures to prevent industrial
accidents in machinery:
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In order to prevent industrial accidents
during the operation of wood processing machines
and press machines, measures will be taken
to improve the inherent safety of these machines
and to ensure safety in machine operation.
As slinging work account for a high ratio
of crane-related accidents, Guidelines for
Safe Slinging Work (Tentative Name) will
be facilitated for better understanding of
such issues.
At the same time, guidelines will be established
to disseminate comprehensive standards covering
all machinery for the prevention of machinery-related
accidents.
In addition, the Guidelines for Information
Disclosure by Manufacturers to Users
(Tentative
Name) will be established and broadly
disseminated.
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(e) |
Promoting measures for the prevention of
explosions and fire-related accidents:
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Measures will be thoroughly promoted to prevent
explosions and fire-related accidents
in
the chemical industry and the Guidelines
Relating to Safety Assessments in Chemical
Plants will be promoted to improve
public
understanding and awareness. Measures
will
also be taken to prevent explosions
and fire-related
accidents in waste processing operations.
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(f) |
Promoting measures to prevent industrial
accidents involving aged workers:
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In line with the graying of society in general,
the number of aged workers is expected
to
increase further. To deal with this
situation,
research and surveys will be carried
out
from an ergonomic point of view concerning
the establishment of better working
environments
in which aged workers can work comfortably.
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(3) |
Deployment of measures to ensure worker health
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(a) |
Improving health management of workers engaged
in midnight work:
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The smooth implementation of the voluntary
medical examination system for workers engaged
in midnight work will be promoted by encouraging
the utilization of the Program to Encourage
Midnight Workers to Undergo Voluntary Medical
Examinations (Tentative Name).
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(b) |
Improving measures to secure worker health
at small sized workplaces:
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Measures will be taken to activate programs
and improve services at local industrial
health centers, to promote the joint
appointment
of industrial physicians and to improve
the
rate of worker participation in medical
examinations.
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(c) |
Improving measures to support industrial
health staff:
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The implementation of practical training
for industrial health staff will be
comprehensively
examined and programs at prefectural
industrial
health promotion centers will be supported.
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(d) |
Promoting measures to maintain and improve
health at small and medium-sized workplaces:
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A new Program to Improve Worker Health at
Small- and Medium-Sized Workplaces
will be
implemented to support measures for
Total
Health Promotion programs covering
both mental
and physical health.
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(e) |
Actively responding to health problems such
as mental stress at workplaces:
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The Guidelines for the Promotion of Mental
Health (Tentative Name) will be provided
to improve support systems for measures
dealing
with mental stress at workplaces.
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(f) |
Providing support to workers at Rosai hospitals
in terms of mental health problems
and strengthening
the relationship with medical organizations
designated for Rosai patients:
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Facilities will be established in Rosai hospitals
that provide consultations through
the Internet
and telephone. The mental health information
and know-how that Rosai hospitals have
acquired
will be provided to Rosai-designated
medical
organizations, industrial physicians,
prefectural
industrial health centers and local
industrial
health centers. At the same time, goals
for
a physician registration system connecting
hospitals and clinics with Rosai hospitals
as core organizations will be examined
to
identify effective implementation.
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(g) |
Promoting measures to prevent occupational
diseases:
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For measures to prevent hazards due to dust,
the steps outlined in the Fifth Comprehensive
Measures to Prevent Health Impairment due
to Dust will be further promoted and the
Model Program to Prevent Health Impairment
due to Dust will be supported for its smooth
development. In addition, in order to promote
measures against dust in tunnel construction
work, Guidelines for Measures against Dust
in Tunnel Construction Work (tentative name)will
be prepared and widely disseminated. The
Dust Mask Structural Standards will be amended
and facilitated to ensure better understanding
by the general public.
For measures to prevent lead poisoning, the
Ordinance on Prevention of Lead Poisoning
will be amended and guidelines for the periodic
voluntary inspection of push-pull-type ventilators
will be established to accelerate the introduction
of this type of ventilator. The contents
of the ordinance and guidelines will be widely
disseminated to ensure better understanding
by the general public.
Considering recent changes in VDT work
conditions,
the Guidelines for Industrial Health
for
VDT Work will be reexamined.
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(h) |
Strengthening safety and health management
measures at nuclear facilities, etc.:
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Efforts will be made to ensure the thorough
implementation of measures to prevent industrial
accidents at nuclear facilities, including
measures relating to exposure at the time
of handling nuclear fuel materials, etc.,
at these facilities, by smooth implementation
of the Ordinance on Prevention of Ionizing
Radiation Hazards (amended).
In addition, further amendments to
the Ordinance
on Prevention of Ionizing Radiation
Hazards
will be examined to adopt the 1990
recommendations
of the International Committee for
Radiation
Protection (ICRP). The contents of
these
amendments will be publicized to ensure
better
understanding and guidance will be
provided
from April 1, 2001 to facilitate their
smooth
implementation.
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(i) |
Promoting measures to prevent health hazards
due to chemical substances:
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The chemical substance management system
will be promoted by actively utilizing the
MSDS system to prevent health hazards due
to chemical substances.
The outline of measures to prevent
health
hazards due to dioxin and similar substances
will be publicized for better understanding,
and surveys on worker health conditions
at
waste incinerators will be continued.
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(4) |
Promoting the creation of comfortable working
environments
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Management methods will be established to
continue systematic efforts for creating
comfortable working environments on
the basis
of worker comments and suggestions.
Smoking
countermeasures at workplaces will
also be
promoted by reexamining the educational
curriculum
for personnel in charge of smoking
measures
at workplaces.
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(5) |
Promoting safety and health measures in response
to internationalization
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Efforts will be made to cooperate with the
establishment of guidelines for the ILO occupational
health and safety management system(ohsms)
and to respond to international moves, including
mutual ratification of standards authentication
system for machines, etc.
The activities of Japan International
Center
for Occupational Safety and Health
to provide
overseas information on safety and
health
will be further promoted.
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(6) |
Response to deregulation measures
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Appropriate measures will be adopted for
matters specified in the Three-Year
Deregulation
Program (adopted by the Cabinet on
March
31, 1998).
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(7) |
Promoting scientific and technological research
in the safety and health field:
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National Institute of Industrial Safety and
the National Institute of Industrial
Health
will initiate preparations to be reorganized
as independent corporations. These
institutes
will also promote comprehensive studies
on
how to reduce industrial accidents
and occupational
diseases, as well as ways to deal with
safety
and health issues in view of the current
technological innovations.
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(7) |
Response to the Conference on Safety Countermeasures
for the Prevention of Accidents:
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The government has established the Conference
on Safety Countermeasures for the Prevention
of Accidents to deal with the high
incidence
of industrial accidents. On the basis
of
reports issued by this Conference,
appropriate
measures will be taken to improve activities
relating to safety and health consciousness,
organization management and education
and
training.
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4. Promotion of Measures for Workmen's Accident
Compensation Insurance (Omitted)
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III. Basic Responses in Labour Standards
Administration (Omitted) |