Labor Policy Keiichiro HAMAGUCHI

Chapter 2 Working Conditions Policy

Section 1 Health and safety and Accident Compensation

(1) Health and safety

(a) Factory Law and regulations in pre-war era 1911 Factory Law stipulated government order to prevent hazards Prevention of Industrial Accident and Health in Factory Regulation covered from machinery safety to hygiene revised Regulation required safety staff and industrial physician revised Regulation required medical examination.

(b) Labor Standards Law 1947 Labor Standards Law covered wide areas and applied almost all workers. Hazards prevention, safety apparatus, performance inspection, prohibition of manufacturing harmful substances etc. Enforcement Regulation required health and safety committee composed of labor and management.

(c) Industrial Accident Prevention Organization Law and Industrial Health and Safety Law First Industrial Accident Prevention Plan drawn up in Industrial Accident Prevention Organization Law promoted voluntary prevention activities Industrial Health and Safety Law strengthened health and safety management system. ILO Convention No.155 on Occupational Safety and Health and the Working Environment adopted in 1981.

(d) Prevention of Death and Suicide from Overwork 1996 revised IHS Law obliged employers to take measures in order to prevent death from work revised IHS Law ensured voluntary medical examination for night workers Circulation required employers to restrict overtime within 45 hours per month revised IHS Law obliged employers to take measures in case of overtime over 100 hours per month.

(2) Workers’ Accident Compensation

(a) Factory Law and insurance systems in pre-war era 1911 Factory Law obliged employers to compensate for workers’ accident Health Insurance Law covered both occupational and non-occupational injuries. ILO Convention No.17 on Accidents and No.18 on Diseases adopted in Workers’ Accident Compensation Law and Workers’ Accident Compensation Liability Insurance Law covered only construction sector.

(b) Labor Standards Law and Workers’ Accident Compensation Insurance Law 1947 Labor Standards Law obliged employers to compensate accident and disease of all sectors Workers’ Accident Compensation Law is social insurance for workers, not liability insurance for employers revised WAC Law turned some benefits into pensions revised WAC Law provided Commutation Injury Benefit. Council for Regulatory Reform advocated privatization of the system.

(c) Recognition Guidelines for Workers’ Accident The benefits are paid only when the injuries and diseases are “results from employment.” Ministry of Labor issued recognition guidelines new guidelines recognized workers’ accident in case of overtime over 100 hours per month.