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

The Committee notes the observations made by the Japanese Trade Union Confederation (JTUC–RENGO) submitted with the Government’s report, and the Government’s reply thereto.
Article 1(1) of the Convention. Periodic determination of carcinogenic substances and agents. The Committee previously noted the observations of the JTUC–RENGO that efforts of the Government with respect to carrying out toxicity tests (including threshold assessments) remained inadequate due to budgetary constraints. The JTUC–RENGO referred to reductions made in both the duration of testing procedures and the number of specimens tested.
The Committee notes the statement of the JTUC–RENGO, in its most recent observations, that efforts should be made to implement carcinogenic surveys of multiple exposures to chemical substances in the workplace, including co mixtures and the products of reactions. In this respect, the Committee notes the Government’s statement in its report that it has been conducting risk assessments of chemical substances since 2006, and from 2009, conducted these assessments in two stages: an initial assessment followed by a detailed assessment. The Government indicates that, as a result of these assessments, certain substances have been strictly regulated as possible carcinogenic substances. The Government indicates that, as some workers in the printing business have developed bile duct cancer, it is examining and expanding the budget to perform risks assessments more quickly to evaluate carcinogenicity. The Government also indicates that it is difficult to conduct carcinogenicity tests for exposure to mixed substances, as the number of possible combinations is countless. However, if there was a serious problem related to mixed exposures, the Government would examine the issue. The Committee requests the Government to continue to provide information on the periodic review of carcinogenic substances and agents to be prohibited or made subject to authorization or control, including the review of mixed substances. It also requests the Government to continue to provide information on the measures it is taking to improve assessment procedures as well as the measures taken or envisaged to review substances used in the printing business.
Article 6(c). Supervision of the application of the Convention through inspection. The Committee notes the observations of the JTUC–RENGO alleging an insufficient number of labour inspectors in the country. It refers, in this regard, to its comments made under the Labour Inspection Convention, 1947 (No. 81).
Application in practice. The Committee notes the information provided by the Government on the violations detected of the Ordinance on Prevention of Hazards due to Specified Chemical Substances in the course of regular monitoring conducted by labour inspectors. These figures indicate a large increase in violations detected between 2013 and 2014 in all categories for which statistics are provided. Despite a decrease in the number of inspections undertaken between 2013 and 2014, the number of violations of the Ordinance related to hygiene standards rose from 440 violations in 2013 to 1,714 in 2014, the number of violations related to the measurement of factors in the working environment rose from 137 to 1,034, and the number of violations related to medical examinations rose from 300 to 1067. The Committee requests the Government to provide information on the reasons for the significant increase in violations detected, and to indicate the measures taken in response to the violations detected, including the penalties applied. In addition, the Committee requests the Government to continue to provide information on the application of the Convention in practice, including the number and nature of violations detected and the number, nature and cause of cases of occupational disease.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Further to its observation the Committee requests the Government to provide further information on the following points.
Article 3 of the Convention. Establishment of an appropriate system of records. The Committee notes with interest that the Ordinance on Prevention of Hazards due to Asbestos has been amended by extending from 30 to 40 years the required time period for retaining records of operations of workers handling asbestos and/or products containing asbestos. The Committee requests the Government to continue to provide information on relevant laws and regulations giving effect to the Convention in this respect.
Part IV of the report form. Practical application. Article 6(c). Supervision of the application of the Convention through inspection. The Committee notes the information provided by the Government that, as of 31 March 2010, there were 321 labour standards inspection offices employing 3,949 labour standards inspectors and 337 industrial health specialists. It also notes the observations by the Japanese Trade Union Confederation (JTUC–RENGO) that, under its policy to halve the annual recruitment of government officials, the Government drastically reduced successful applicants in the recruitment examination for labour standard inspectors in the fiscal year of 2010 to 177 persons from 216 in the previous fiscal year. The Committee also notes the statistical information provided by the Government regarding inspections carried out 2005–09 which indicate a downward trend both in the number of regular inspections carried out and in the number of cases of violations. The Committee requests the Government to provide further information on the impact of the developments referred to by JTUC–RENGO on the supervision carried out on the application of the Convention; and to continue to provide statistical information regarding the application of the Convention in practice.

Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

Article 1 of the Convention. Periodic updating of the carcinogenic substances that are either prohibited or subject to authorization or control. The Committee notes with interest the information that the coverage of national legislation concerning carcinogenic substances and agents has been extended to include all kinds of asbestos and products containing asbestos as well as certain nickel compounds and formaldehyde among the regulated and prohibited substances, and that the definition of “asbestos” now includes “amosite” and “crocidolite” following the definition of asbestos of the ILO. The Committee also notes the comments by the Japanese Trade Union Confederation (JTUC–RENGO) attached to the Governments’ report, according to which it raises concerns that the efforts of the Japanese Government in carrying out toxicity tests (including threshold assessments) remains inadequate due to budgetary constraints. JTUC–RENGO refers to reductions made in both the duration of testing procedures and the number of specimens tested, and considers that it is necessary for the Government to develop alternative testing procedures, in line with advances in toxicology, that can be carried out in shorter testing periods and at less cost, in particular in carcinogen research. The Committee requests the Government to provide information on measures taken to address the concerns raised by JTUC–RENGO.
The Committee is raising other points in a request addressed directly to the Government.
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