Observation (CEACR) - adopted 2015, published 105th ILC session (2016)

Labour Inspection Convention, 1947 (No. 81) - Japan (Ratification: 1953)

The Committee notes the observations made by the Japanese Trade Union Confederation (JTUC–RENGO) and the Japan Business Federation (NIPPON KEIDANREN) submitted with the Government’s report.

Articles 3(1)(b) and 13 of the Convention. Preventive measures for workers engaged in decontamination work with radioactive materials. The Committee notes the observations of the JTUC–RENGO regarding the decommissioning of the Fukushima Daiichi Nuclear Power Station, indicating that employers must implement complete protective measures for workers, and that the Government must enhance supervision, monitoring and support for the carrying out of those measures.

The Committee notes the information provided by the Government on the monitoring of the workers’ radiation exposure dose and, in this regard, refers to its comments made under the Radiation Protection Convention, 1960 (No. 115). The Committee also notes the Government’s indication that compliance with laws and regulations is ensured through periodic on-site inspections and guidance, which have been undertaken at least once a month. The Government also indicates that for any work which may involve exposure of more than 1 mSv/day, employers are required to submit a workplan to the labour standards inspection office, and labour inspectors check whether workers use appropriate personal protective equipment as well as provide guidance with respect to the reduction of radiation exposure. The Government further refers to information on the website of the Ministry of Health, Labour and Welfare related to the results of the supervision of employers of decontamination works. This information indicates that the labour standards inspection office within the Fukushima Prefecture undertook supervision of 1,047 employers performing such works in 2013, and 1,152 employers in 2014. Violations of labour standards laws and regulations were detected with respect to 67.7 per cent of employers in 2013 and 70 per cent of employers in 2014. These violations concerned violations of the Labour Standards Act related to wages, working time and the preparation of a roster of workers, as well as violations of the Industrial Safety and Health Act and the Ordinance on the prevention of ionizing radiation hazards for decontamination and related works, related to safety and health, preliminary surveys, use of protective equipment and radiation exposure dose monitoring. Noting that the percentage of violations detected increased from 2013 to 2014, the Committee requests the Government to provide information on the actions taken by employers as a result of advice and instructions given by the labour inspectors. It also requests the Government to provide information on the number and nature of penalties applied as a result of these inspections, and to continue to provide information on inspections undertaken with respect to decontamination works, including the number of these inspections, and the number and nature of violations detected.

Articles 10 and 16. Reduction in the number of newly recruited labour inspectors. The Committee previously noted the comments by the JTUC–RENGO and the National Confederation of Trade Unions (ZENROREN) on the inadequate number of labour inspectors, indicating that in the context of the increased number of industrial accidents between 2009 and 2012, it was essential to maintain an adequate number of labour inspectors, even if there is a situation of tight financial conditions.

The Committee notes the Government’s statement that the number of labour inspectors decreased between 2011 and 2013. However, the number of inspections undertaken in 2011 to 2013 increased (from 132,829 inspections in 2011 to 140,499 in 2013), in spite of the reduction of inspectors. The Government also indicates that the number of cases referred by the inspectorate to the public prosecutor’s office remained relatively stable, demonstrating that the decrease in the number of new hires did not have an impact, and the labour inspectorate continued to function effectively. The Committee welcomes the Government’s indication that the policy of reducing the number of new recruits (instituted in 2011) was changed in 2014, and that 210 new labour inspectors were subsequently recruited in both 2014 and 2015.

The Committee notes the statement of NIPPON KEIDANREN that it values the efforts of the labour standards inspection office, despite the small number of inspectors. In spite of a downward trend in the number of inspectors, inspectors fulfil their role of supervising and providing guidance. Increasing the number of inspectors should not be a goal, and the number of inspectors should be determined with consideration of effectiveness, budget constraints and human resource development. The Committee also notes the statement of the JTUC–RENGO that while the policy on reducing the number of new recruits has changed, the number of staff of the Ministry of Health, Labour and Welfare continued to decrease, which has resulted in labour inspectors undertaking more administrative work. The Committee also notes the statement of the JTUC–RENGO, submitted with the Government’s report under the Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187), that the number of labour inspectors is too low in comparison with the number of workers in the country, and that the number of inspectors must be increased.

The Committee recalls that Article 10 of the Convention provides that the number of labour inspectors shall be sufficient to secure the effective discharge of the duties of the inspectorate, and that Article 16 provides that workplaces shall be inspected as thoroughly as is necessary to ensure the effective application of the relevant legal provisions. Noting the Government’s indication concerning the recruitment of new labour inspectors in 2014 and 2015, the Committee requests the Government to continue to take measures to ensure that the number of labour inspectors is sufficient to secure the effective discharge of the duties of the inspectorate. It requests the Government to continue to provide information on the number of labour inspectors, disaggregated by both prefecture and gender. It also requests the Government to provide information on the measures taken to ensure that, in light of the increase in the number of inspections despite a decrease in the number of inspectors, workplace inspections are undertaken as thoroughly as is necessary.

The Committee is raising other matters in a request addressed directly to the Government.