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Regional Labor Administrative Policy for Fiscal 2001 Determined


Source: Safety and Health Newsletter No. 615
April 20, 2001
Issued by: Japan Industrial Safety and Health Association

(translated by JICOSH)

Following the approval of its administrative budgets for fiscal 2001, the Ministry of Health, Labor and Welfare has established it's regional labor administrative policy for fiscal year 2001 on March 27. The contents are as follows.
I. Present Situation Surrounding Labour Administration
1 Structural changes in the economy and society [Editor's note: Omitted.]
2 Recent economic situation [Editor's note: Omitted.]
3 The situation concerning labor standards administration

Because of the severe economic situations, labor standards inspection offices have received a number of reports on violations of laws and regulations related to labor standards as well as an increase in requests for consultations concerning discharges, and the deterioration of working conditions such as wages and working hours.

Both the total working hours and the usual working hours were 1,859 and 1,720 hours, respectively in the year of fiscal 2000, showing a slight increase over the previous year.

The number of victims of industrial accidents has been trending downwards on a long-term basis, and accidents resulting in fatalities for fiscal 2000 are also expected to be lower than the figure for the previous year. However, there are still about 560,000 workers who fall victim to accidents every year, including some 2,000 who lose their lives in industrial accidents.

At the same time, while the incidence of occupational illnesses is also declining over the long run, illnesses such as lumbago and pneumoconiosis still persist.

Moreover, with the ongoing changes in the environment surrounding workers such as changes in the industrial structure and the continuing aging of society, the results of general medical examinations have revealed that the number of workers who are diagnosed as having some disease including those that lead to cerebral or cardiovascular diseases has now topped 40 percent, and the ratio of workers troubled by strong anxiety and stress concerning work and their occupational life is increasing under the current severe economic circumstances.

In addition, the dioxin issue has become a major problem in the labor environment as well, as high concentrations of dioxin group substances have been detected in the blood of workers engaged in operations to dismantle waste incineration facilities.

With respect to workmen's accident compensation, there have been an increasing number of compensation claim cases that are attracting public attention, including such complex and difficult cases as "karoshi"(death from overwork) and "karo-jisatsu"(suicides attributed to overwork).
4 The situation regarding occupational stability administration [Editor's note: Omitted.]
5 The situation concerning equal employment administration [Editor's note: Omitted.]
II. Issues of Regional Labor Administration
1 Issues of labor standards administration
(1) Issues concerning securing and improving labor conditions under today's severe economic circumstances [Editor's note: Omitted.]
(2) Issues concerning working hours [Editor's note: Omitted.]
(3) Issues concerning securing industrial safety and health
Based on the continuing frequent incidence of industrial accidents and the 9th industrial accident prevention plan, it is necessary to actively deal with the creation of a safety culture. This should include the continuous implementation of measures to promote a substantial decrease of industrial accidents, such as industrial accident prevention measures in the construction industry and traffic industrial accident prevention measures, as well as encouraging workplaces in voluntarily improving their safety and health standards, such as promoting the spread of an industrial safety and health management system.

It is also necessary to promote measures to secure worker health, including the promotion of workplace mental health measures and industrial health activities, as well as measures to prevent health hazards due to dioxin group substances.
(4) Issues concerning workmen's accident compensation
In response to such matters in recent years as the increasing trend of karoshi cases, in which workers develop cerebral or cardiovascular diseases due to work-related reasons and which can lead to serious conditions including sudden death, it is necessary to strive for the smooth enforcement of providing the benefit of second medical examinations to contribute to its prevention.

Concerning the prevention of commuting-related accidents, it is necessary to study ideal responses to the diverse job formats, etc., of workers, such as workers who are assigned to locations far from their families or those so-called "double-job workers." In addition, with respect to those complex and difficult workman's accident compensation claim cases, such as karoshi and karo-jisatsu, it is necessary to further strive for the implementation of prompt and appropriate workmen's accident compensation based on the basic philosophy of the Workmen's Accident Compensation Insurance Law, which aims at providing appropriate assistance to victims or their survivors.
2 Issues of occupational stability administration [Editor's note: Omitted.]
3 Issues of equal employment administration [Editor's note: Omitted.]
4 Issues of workers' insurance application and collection operations [Editor's note: Omitted.]
5 Issues concerning the rise in individual work-related disputes [Editor's note: Omitted.]
6 Close cooperation between each agency [Editor's note: Omitted.]
III. Measures to be Emphasized in Regional Labor Administration in Fiscal 2001
1 Measures to be emphasized in labor standards administration
(1) Securing and improving working conditions under the severe economic environment [Editor's note: Omitted.]
(2) Promoting working hour measures [Editor's note: Omitted.]
(3) Promoting measures to secure worker safety and health
A

 Carrying out measures to promote the further improvement of safety and health standards at workplaces
(a) Promoting the spread of the Occupational safety and health management system
With respect to the introduction of the Occupational safety and health management system, the enhancement of the Occupational safety and health management system diffusion promotion project is to be facilitated by such measures as providing guidance and assistance through various types of business organizations. In addition, efforts shall be made to widely promote the spread of Occupational safety and health management systems in cooperation with industrial accident prevention organizations, etc.

In particular, and based on the characteristics of the construction industry in which integrated management covering both the office and work sites is necessary, efforts shall be made to facilitate the spread of the Occupational safety and health management system in the construction industry. [Editor's note: Special efforts are planned to encourage the spread and promotion of the system particularly among small and mid-sized companies by preparing guidebooks that summarize specific measures by classifying the manufacturing industry according to various subcategories.]
(b) Promoting voluntary safety and health management activities in small and mid-sized companies
Efforts shall be continued to implement the project to support the voluntary safety and health activities of small and mid-sized companies, which provides safety and health consultation targeted at small and mid-sized companies that plan to actively conduct safety and health management activities.

In addition, efforts shall be expanded to provide support for voluntary and continuous safety and health management activities under the project to support the voluntary safety and health activities of small and mid-sized companies, as well as to facilitate the vitalization of safety and health activities at small workplaces by providing support concerning the installation and improvement of safety- and health-related equipment.
(c) Promoting safety and health consciousness, etc.
The smooth implementation of the network project for safety excellence by foremen shall be promoted by continuing the commendation system for excellent safety foremen. In addition, symposiums on safety culture shall continue to be held in order to raise the spirit and commitment of organizations and individuals to give top priority to safety.

Efforts shall also be made to promote the diffusion of danger re-awareness education concerning excavation machinery by providing workers with refresher courses a certain period of time after they have completed skill seminars.

Moreover, in order to contribute to the enhancement of safety and health education conducted by employers, the Japan Advanced Information Center of Safety and Health shall provide safety and health information such as accident cases and chemical substance information, as well as provide effective safety and health education utilizing advanced audio-visual media.
B

 Carrying out measures to substantially reduce industrial accidents
(a) Promoting accident prevention measures in the construction industry
Based on the promotion of comprehensive accident prevention measures in the construction industry, measures shall be appropriately implemented on a continuous basis.

For small and middle-sized general contractors, efforts shall be made to improve the safety management abilities by smoothly implementing the project to improve the guidance skills of small and middle-sized general contractors. For specialty contractors, efforts shall be made to smoothly implement the promotion project specialty contractor safety management activities in order to raise the safety level at construction sites.

With respect to low-rise housing construction such as wooden houses, etc., efforts shall be made to spread and firmly establish the method of pre-installing scaffolding to thoroughly prevent falling accidents by clearly making the guidelines concerning the method of pre-installing scaffolding widely known, and smoothly implementing the model project for safety measures promotion in the construction of low-rise housing such as wooden houses, etc.

In addition, measures to prevent accidents involving mudslides, etc., in small-scale excavation work involving such cases as water and sewage construction, etc., shall be made widely known and clearly understood.
(b) Promoting industrial traffic accident prevention measures
"The guidelines for traffic accident prevention measures" shall be made widely known and clearly understood, and efforts shall be made to enrich "the project to promote industrial traffic accident prevention measures". At the same time, the implementation of "education for managers in charge of industrial traffic accident prevention" shall be promoted particularly in tertiary industries, manufacturing industries, etc., in which the incidence of industrial traffic accidents is high. [Editor's note: Plans for the new fiscal year include preparing a traffic hazard map that indicates places where traffic accidents tend to occur, as well as selecting and supporting model workplaces that are carrying out specific industrial traffic accident prevention activities.]
(c) Preventing industrial accidents due to machinery
In order to prevent accidents caused by machinery, guidelines concerning comprehensive safety standards for machinery (tentative name) that summarize procedures for designing safe machinery, specify information that should be provided to users of machinery, etc., shall be made widely known, and efforts shall be made to disseminate the risk assessment techniques that will become the factors in implementing machinery safety under these guidelines. [Editor's note: This issue includes the draft of the guidelines concerning comprehensive safety standards for machinery for public comment. Specifically, plans include the preparation of text materials for risk assessment education, the training of leaders, etc.]
In addition, in order to prevent industrial accidents due to woodworking machines and press machines, greater safety for such machines and steps for safe operation shall be promoted on the basis of each of these comprehensive measures.
(d) Promoting measures to prevent explosions and fire accidents
As a means of ensuring conformity with the international standards, the structural standards to prevent electric machinery/equipment explosions shall be reviewed. In addition, the guidelines concerning safety assessments with respect to chemical plants shall be made widely known in order to prevent explosions and fire accidents in chemical plants.
(e) Promoting industrial accident prevention measures in forestry
In response to the increasing fatal accidents in hanging tree processing work in recent years, safety guidelines covering worker operations in hanging tree processing work (tentative name) will be newly formulated and made widely known and clearly understood by all concerned. At the same time, the project to promote safety measures in response to changes in forestry operations (tentative name; newly started from fiscal 2001) that provides for on-site guidance, training courses, etc., shall be implemented.
(f) Promoting industrial accident in tertiary industries, etc.
Guidelines for industrial accident prevention in each specific industry shall be made well known and clearly understood. At the same time, the project to improve the foundation for safety and health activities in growing industries shall be implemented on a continuing basis, with a specific focus on the scrap iron processing business.
C

 Carrying out measures to secure workers' health
(a) Promoting mental health measures and suicide-prevention measures
The guidelines for promoting workers' mental health shall be disseminated through the creation of training projects, model projects, etc.

In addition, consultation concerning mental health shall be continuously provided at the Industrial Health Promotion Center, regional industrial health promotion centers and rosai hospitals(employment injury hospitals operated by worker's accident compensation insurance) .

Moreover, efforts shall be made to disseminate the knowledge necessary for worker suicide prevention and research and studies in the area of suicide prevention shall be carried out. [Editor's note: Plans for this year are focussing on four major activities:
  • general education and training;
  • education and training targeted at managers and supervisors of workplaces, and personnel engaged in industrial health;
  • activities at model workplaces; and
  • the establishment of a mental health promotion liaison conference, and cooperation with regional health organizations.]

(b) Enriching and reinforcing measures to secure health in small-scale workplaces
Efforts shall be made to implement medical examinations and carry out post-examination measures based on the results. Moreover, steps shall be taken to increase the number of regional industrial health promotion centers from 72 to 84 that can provide consultation on holidays and at night in an effort to enrich the industrial health service provided by such centers. In addition to the above, training targeted at coordinators shall be provided on the basis of the examination results for the activation of regional industrial health center projects, and research on the actual status of health management at small-scale workplaces (especially very small workplaces) shall be implemented. Moreover, the joint-appointment project for industrial physicians shall be made more widely known, and the use of this project shall be promoted.
(c) Enriching supportive measures for industrial health staff
In order to improve the quality of the industrial health staff such as industrial physicians, practical training using multimedia shall be provided on a trial basis.
(d) Disseminating and publicizing information on voluntary medical examinations for workers engaged in late-night operations
Increased publicity will be carried out to make the support project for voluntary medical examinations more widely known, and efforts shall be made to enrich health management for workers engaged in late-night operations through further use of the project.
(e) Promoting both mental and physical health management and promotion measures
By continuously carrying out the health promotion project for small and medium-sized workplaces, both the mental and physical health management and promotion measures (Total Health Promotion: THP) in small and medium-sized workplaces shall be effectively promoted.
(f) Promoting occupational disease prevention measures
Based on the rapid spread of VDT equipment and the diversification of display and input equipment in workplaces in recent years, the industrial health guidelines for VDT operations shall be reviewed and shall be made well known and clearly understood among all concerned.

With respect to measures to prevent hazards due to dust, the fifth comprehensive measures to prevent hazards due to dust shall be further promoted, and the model project for the prevention of hazards due to dust shall be smoothly implemented. Moreover, in order to promote measures for dust control in tunnel construction work, the guidelines concerning measures for dust in tunnel construction work, etc., shall be made widely known.
(g) Reinforcing safety and health management measures in nuclear facilities, etc.
Comprehensive safety and health management measures including subcontracting workplaces in nuclear facilities shall be promoted. At the same time, supervision, guidance, etc., for nuclear facilities shall be appropriately implemented on a continuous basis.

In addition, accompanying the adoption of the 1990 recommendations of the International Commission on Radiological Protection (ICRP), the revised Ordinance on the Prevention of Ionizing Radiation Hazards, Etc., which includes substantial reductions in the occupational exposure limit, etc., shall be smoothly enforced.
(h) Promoting measures to prevent health impairments due to chemical substances such as dioxin group substances, etc.
In order to prevent health impairments in workers due to chemical substances, the guidelines for chemical substances management shall be made widely known firmly and continuously.

With respect to the dioxin group at waste incineration facilities, etc., the exposure prevention measures shall be made thoroughly known based on the revised Ordinance on Industrial Safety and Health, Etc. At the same time, research on health conditions, etc., of workers assigned to waste incineration facilities shall be carried out on a continuous basis.

In addition, with respect to ethylene oxide, which is the raw material of surface-active agents and used as a sterilization gas in medical facilities, exposure prevention measures, etc., shall be made thoroughly known based on the revised Ordinance on the Prevention of Hazards Due to Specified Chemical Substances, Etc.

Moreover, sick-building measures shall be promoted by conducting on-site research and establishing consultation desks, etc., in order to deal with sick-building issues in workplaces.
(i) Cooperating with regional health organizations
Cooperation with prefectural health supervision sections shall be carried out as required as a means of further promoting measures to secure worker health,
D Promoting the creation of comfortable workplace environments
The authorized program for plans to promote the creation of comfortable workplaces shall be promoted continuously. At the same time, improved workplace environments shall be further promoted by encouraging a continuous approach to creating comfortable environments and by widely disseminating information on effective measures and techniques for separating smoking and non-smoking areas.
E Promoting safety and health programs responding to international standards
The guidelines on industrial safety and health management systems formulated by the ILO shall receive positive consideration. At the same time, international trends such as mutual approvals, etc., shall be dealt with on a flexible basis with respect to standards and certification systems for pressure vessels, etc.

In addition, safety and health measures conforming to international standards shall be promoted by collecting international safety and health information, and appropriately reflecting such materials in safety and health administration through information provision projects at the Japan International Center for Occupational Safety and Health, and through the reinforcement of information exchanges with other countries.
(4) Promoting workmen's accident compensation measures
A Improving the workmen's accident compensation system
(a) Smoothly implementing the system for providing intensive medical examinations, etc.
In response to rising incidence of cases such as karoshi (fatalities caused by excessive work), etc., efforts shall be made to smoothly implement the system to provide second medical examinations, etc., along with appropriate health guidance in order to try to prevent such incidents.

In parallel with this, a system for the efficient processing of clerical data shall be developed in 2001 and 2002 fiscal years.
(b) Examining of possible systems of the workmen's compensation for commuting-related accidents.
Possible systems of the workmen's compensation for commuting-related accidents that can respond to the diverse job formats, etc., such as workers who are assigned to locations far from their families or those so-called "double-job workers," shall be studied.
B Implementing workmen's accident compensation properly
(a) Promptly and appropriately processing workmen's accident compensation insurance benefit claims
Basic operations such as research for determining workmen's accident compensation insurance benefits shall be thoroughly carried out. In addition, in order to settle long-term unresolved cases, prompt and appropriate clerical processing shall be promoted by fully understanding the reasons why such a long time is required, formulating accurate research plans, thoroughly carrying out appropriate process management such as by managers, etc., and effectively utilizing regional medical staffs for workmen's accident compensation.

With respect to consultation concerning workmen's accident compensation insurance, all responses shall be made in a kind and polite manner, the situation of those seeking consultation and the victim workmen shall be respected, and information utilizing various brochures and explanatory leaflets shall be provided depending on the contents of the consulting.

In addition, appropriate clerical processing shall be carried out with respect to persons engaged in nursing operations that became subject to the special member system from the end of March 2001.

With respect to handicap classifications, authorization criteria, etc., examinations aimed at reviewing such details and procedures shall be carried out continuously on the basis of recent trends in medical knowledge, and appropriate revisions shall be implemented as required in accordance with such results.

Concerning medical expenses for industrial accidents, more accurate examinations shall be carried out with the cooperation of the Workmen's Accident Compensation Insurance Information Center. With respect to incorrect claims brought by medical organizations, efforts shall be made to resolve the problems through getting cooperation of the prefectural medical association by utilizing workmen's accident compensation insurance conferences, and requiring corrections to medical organizations that issue incorrect claims frequently.
(b) Reviewing authorization criteria for cerebral and cardiovascular diseases
Based on the judgement of the Supreme Court in July 2000, in order to attain further reasonable dicision which which cases of such as karoshi, etc., are job related or not, the current authorization criteria shall be reviewed on the basis of medical examination results.
(c) Examining reasonable compensation program for lung cancer occurring in persons diagnosed as having pneumoconiosis
With respect to the disadvantage in terms of medical treatment for lung cancer occurring in persons diagnosed as having pneumoconiosis, an ideal compensation program shall be examined after collecting and analyzing various cases.
(d) Promoting nursing measures for seriously injured workers
With the opening of the Ehime workmen's accident compensation insurance special nursing facility in March 2001, a total of eight workmen's accident compensation insurance special nursing facilities (Care Plazas) have been established nationwide. Because of this, positive encouragement to enter such facilities shall be promoted. In addition, providing short-stay nursing service utilizing such facilities shall be promoted, and the workmen's accident compensation insurance care support project that provides special consultation and assistance concerning at-home nursing care for seriously injured workers shall be promoted.
(e) Promoting Comprehensive programs aiming at the early return to usual life for injured workers
For those going through long-term recuperation, the stabilization of symptoms shall be accurately determined depending on each symptom. In addition, for those going through long-term recuperation, apprehensions about adaptation to the workplace with stabilized symptoms and anxiety about maintaining health may often become factors that hinder the return to usual life. Accordingly, efforts shall be made to encourage the early return to society by utilizing various support funding, after-care programs and systems to provide support equipment such as artificial limbs in order to promote comprehensive measures on an integrated basis from medical treatment to the worker's return to usual life.
(f) Promptly and appropriately responding to administrative litigation
In order to promote the early examination and processing of claims within three months, the support system for examiners shall be reinforced so that systematical clerical processing by examiners can be carried out more smoothly. In pursuing any lawsuit, moreover, the issue shall be fully examined in close cooperation with related organizations. At the same time, accurate handling such as striving for easy-to-understand and detailed assertions and proof based on medical experience, etc., shall be provided in order to make it easy to obtain the understanding of the court concerning the fairness of the original disposition.
C Promoting functional reinforcement in rosai hospitals (employment injury hospitals operated by worker's accident compensation insurance) to cope with recent issues in worker health
Based on the restructuring and improvement plan for rosai hospitals (employment injury hospitals operated by worker's accident compensation insurance) formulated in December 2000, the functional reinforcement of rosai hospitals to cope with recent worker health issue shall be promoted. In addition, in order to prevent karoshi, etc., workers' preventive medical treatment centers (tentative name) shall be established in order to work towards system improvement in providing workers with guidance for life, nutrition and exercise. [Editor's note: The following is omitted.]
IV. Basic Response in Carrying out Regional Labor Administration [Editor's note: Omitted.]
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