Observation (CEACR) - adopted 2024, published 113rd ILC session (2025)

Japan

Radiation Protection Convention, 1960 (No. 115) (Ratification: 1973)
Asbestos Convention, 1986 (No. 162) (Ratification: 2005)

To provide a comprehensive view of the issues relating to the application of ratified Conventions on occupational safety and health (OSH), the Committee considers it appropriate to examine Conventions Nos 115 (radiation protection) and 162 (asbestos) together.

The Committee notes the observations submitted with the Government’s report from the Japanese Trade Union Confederation (JTUC–RENGO) concerning Conventions Nos 115 and 162, and the observations of the Japan Business Federation (NIPPON KEIDANREN) on Convention No. 162.

Protection against specific risks

Radiation Protection Convention, 1960 (No. 115)

Articles 2, 11, 12 and 13 of the Convention. Application of the Convention to all activities involving exposure of workers to ionizing radiations in the course of their work, appropriate monitoring and medical surveillance. Workers engaged in decommissioning and decontamination work. Following its previous comments, the Committee notes the detailed information provided under the Labour Inspection Convention, 1947 (No. 81) regarding the results of inspections related to decommissioning and radioactive material decontamination work. Regarding decommissioning work, the Government provides information on the number of violations on the reporting of medical examination results related to ionizing radiation (four violations in 2020, six in 2021 and three in 2022). It also provides information on the Guidelines on Occupational Safety and Health Management at the TEPCO Fukushima Daiichi Nuclear Power Plant on the implementation of health management measures. Concerning decontamination work, the Government indicates that the legislative requirement to undertake a preliminary survey before commencing such works is an important measure to prevent exposure to ionizing radiation (pursuant to section 7 of the Ordinance on the Prevention of Ionizing Radiation Hazards at Works to Decontaminate Soil and Waste Contaminated by Radioactive Materials Resulting from the Great East Japan Earthquake and Related Work). There were three violations detected of this requirement in 2020, two in 2021 and four in 2022. The Government also indicates that the medical examinations of workers engaged in such work must be submitted to the Labour Standards Inspection Office, and there were four violations of this obligation in 2020, two in 2021 and six in 2022. The Government further indicates that employers engaged in decontamination and related work are encouraged to participate in the exposure dose registration system. The Committee notes that the Report of the Working Group on the issue of human rights and transnational corporations and other business enterprises, in its report to the Human Rights Council, expressed deep concern regarding workers who had developed cancer-related illnesses after their clean-up and decontamination work but had been denied financial compensation or medical assistance by the subcontractors of the power company, as employment records did not accurately reflect radiation exposure (1 May 2024, A/HRC/56/55/Add.1, paragraph 60).

The Committee emphasizes the importance of carrying out appropriate monitoring of workers and places of work, in accordance with Article 11 of the Convention. The Committee urges the Government to strengthen its efforts to ensure that the protection provided in the Convention is applied to workers engaged in decontamination and decommissioning work, and requests it to continue to provide information on the measures it is taking in this regard. In that respect, it requests the Government to continue to provide information on the long-term health management measures it is taking in relation to this category of workers. With respect to the monitoring of working conditions of those engaged in decommissioning and decontamination work, the Committee refers to its comments under the Labour Inspection Convention, 1947 (No. 81).

Asbestos Convention, 1986 (No. 162)

Articles 17 and 19 of the Convention. Demolition work and measures to prevent pollution of the general environment by asbestos dust released from the workplace. The Committee notes the Government’s statement, in reply to its previous request on measures to prevent pollution by the release of asbestos dust, that there have been confirmed cases of asbestos scattering from demolition sites and instances where the preliminary investigations to determine the presence of asbestos in building materials were insufficient. The Government indicates that, as a result, the Air Pollution Control Act was amended in June 2020 to expand the scope of regulation to include all building materials containing asbestos. The Government further indicates the method of investigating the presence of asbestos has been prescribed by law for contractors commissioned to conduct demolition or other work, and such contractors are obliged to report the results of the investigation to the prefectural governor.

The Committee notes the observations of JTUC–RENGO that, although strengthening these regulations is a positive step, there have been cases where measures were not taken to prevent the dispersal of asbestos from demolition and other work, even after the legislative changes. The union calls for the implementation of thorough measures to prevent exposure to asbestos due to dispersal during dismantling of buildings where asbestos-containing products may have been used. The Committee also notes the observations of NIPPON KEIDANREN that, in light of the expected increase in the future of demolition and renovation of buildings and other structures, it requests the Government to publicize the laws and regulations, to inform employers and to provide the necessary guidance to ensure that appropriate exposure control measures are implemented in workplaces.The Committee requests the Government to pursue its efforts to ensure the necessary protection to workers engaged in demolition work as well as to prevent pollution of the general environment by asbestos dust released from the workplace, including measures to ensure the publicization of the legislative requirements and the dissemination of relevant guidance.

Application of Convention No. 162 in practice. The Committee notes the detailed information provided by the Government on the application of the Convention in practice, including the number of violations detected, the number of insurance benefits provided for diseases caused by asbestos, the number of survivor benefits paid, and the number of cases of accidents related to asbestos of both national and local public employees. The Committee notes that the number of violations detected by labour standards inspectors of the Ordinance on the Prevention of Health Impairment due to Asbestos was significantly higher in 2022 compared to the figures provided in the previous report: 591 violations with respect to health criteria (compared to 219 violations in 2013), two regarding work environment measurement (compared to one in 2013) and 54 violations related to medical examinations (compared to 13 in 2013). 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. It also requests the Government to continue to provide information on the manner in which the Convention is applied in practice.

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