Sistem Perundang-Undangan Tentang Keselamatan Dan Kesehatan Kerja Secara JIS
Pengertian
JIS
(Japanese Industrial Standards)
Japanese
Industrial Standar (JIS) menentukan standar yang digunakan untuk kegiatan
industri di Jepang. Proses standardisasi dikoordinasikan oleh Komite Standar
Industri Jepang dan dipublikasikan melalui Jepang Standards Association.
Note : Appendix I is summarized based on the
contents of Appendix II
Appendix I
The outline of the Act (Act No. 82 of
amendments of the Industrial Safety and Health Act June 25, 2014) making
partial
(1)
Explanatory note;
The partial amendments of the Industrial
Safety and Health Act, this time, are grounded in the recent occurrence of
Occupational Accidents and Diseases especially such as the bile duct cancer due
to hazardous chemical substances which are not regulated by the special
regulations, mental health disorder and recurrence of Accidents in a similar
way.These situations have been understood as serious problems, and the
objectives of the said amendments are to enhance the system for the prevention
of Occupational Accidents and Diseases. The situations and the necessity of
countermeasures with respect to the issues and situations mentioned above are
as follows,
|
Situations
|
Necessity of Countermeasures
|
|
The occurrence of the bile duct cancer as the
Occupational Disease due to hazardous chemical substances which are not
covered by the special regulations.
|
To respond appropriately, based on the results of the
investigation, in advance, on the danger and/or hazard regarding the said
chemical substances. (with regard to Article 28-2 and the new establishment
of Article 57-3)
|
|
The increase of the cases of mental health disorder,
compensated as the Occupational Disease.
|
To respond appropriately, based on the results of the
assessment of the state of health, including mental issues, of the worker concerned,
in advance of falling into mental health disorder. (with regard to the new
establishment of Article 66-10)
|
|
The same kind of the Occupational Accident occurred
repeatedly in the other work place of the same company.
|
To prevent the same kind of the said Accident in the
other workplace of the same company. (with regard to the amendment of Article
78)
|
Note : the outlines of the amendments including the
above 3 points are as follows.
(2) Six
points of the amendments of the Industrial Safety and Health Act, this time,
are as follows.
- Review of the way that should be, of the appropriate control of the hazardous chemicals.
·
To make it compulsory obligation that
the employer shall investigate danger or harm of such chemical substances as
are not covered by the special regulations and have certain dangerous and/or
harmful properties. with regard to the new establishment of Article 57-3) Note;
this provision will be enforced from 1st, June, 2016.
- Establishment of the system of assessing of the degree of the worker’s mental burden,
·
To make it compulsory obligation that
the employer shall conduct the medical examination in order to assess the
degree of the worker’s mental burden for his/her worker by the physician,
public health nurse or other competent person. However, this compulsory
obligation shall, for a while, be such one as to endeavour to conduct the said
medical examination for each workplace of the scale defined by Cabinet Order (
provided for as regularly employing less than fifty workers.
·
To make it compulsory obligation that
the employer, when he/she conducted the medical examination in order to assess
the degree of the worker’s mental burden for his/her worker by the physician,
public health nurse or other competent person, shall provide the worker who was
informed the results of the examination and desires to get the guidance with
face-to-face by the physician for him/her, and then based on its results, the
said employer, by taking into consideration of the opinions of the physician,
and when it is deemed necessary, shall take measures including changing the
work contents, shortening the working hours, or other appropriate measures. (With
regard to the new establishment of Article 66-10)
Note1: this provision will be enforced
from 1st, December, 2015.
Note2: the treatment of this compulsory obligation
to conduct the examination into allowing a certain scale of workplace to
endeavour to conduct it for a while, bases its legal ground on the
supplementary provision added this time revision.
Note3: this system is so called as “Stress-Check
System”, expressed in the Notice of No. 0501-3, dated 1st, May,
2015, issued by the Director General, Labour Standards Bureau, prescribing
details and interpretation of this System.
- Promotion of such measures as to prevent harmful influences by Passive Smoking,
·
To make it compulsory obligation that
the employer, shall endeavour to take such appropriate measures as to prevent
harmful influences by the Passive Smoking, taking into consideration of the
actual circumstances of the said employer as well as his/her workplace. (With
regard to the new establishment of Article 68-2)
Note; this provision was enforced from 1st,
June, 2015.
4
Response to such employers as repeating
occurrence of severe Occupational Accidents and/or Diseases,
·
To create the administrative system that
the Minister of Health, Labour and Welfare may instruct the said employer to
prepare comprehensive improvement plan with respect to safety and health,
covering his/her whole company. In this case, if the said employer does not
comply with the said Minister’s instruction, the said Minister may make the
recommendation to take necessary measures in order to prevent severe
Occupational Accidents or Diseases, to the said employer. And then, if the said
employer does not comply with the said recommendation, the said Minister may
announce such situation. (With regard to the amendment of Article 78, omitted
in this paper.)
Note; this provision was enforced from 1st,
June, 2015.
- Response to the Inspection Agency concerned, located in foreign countries,
·
Taking into consideration of the
international situations with respect to the Inspection Agency concerned, in
addition to usual system, to add another administrative one that the Inspection
Agency who conducts the inspection of such machines like boilers requiring
specially dangerous operations, etc., and located in foreign countries, may be
registered as the said Inspection Agency by the Minister of Health, Labour and
Welfare and enable the said Agency to act in Japan. (With regard to the
amendment of Article 46, 52, etc.; omitted in this paper.)
Note; this provision was enforced from 1st,
June, 2015.
- Review of the system of such notification of the plan as requested, in the case of the type of industry concerned and the scale of the establishment concerned, as well as the addition of the machine to be undergone the type examination by the registered type examination agency,
·
Taking into consideration of a good
state of compliance of the employer concerned with respect to the said
Notification of the plan, the provision of the said notification of the plan
was abolished.
·
To add the Air Purifying Respirator with
electric powered fan, which is obligated that workers shall use in such
workplaces as the concentration of the dust is high in the air, to the machines to be undergone the type examination by the
registered type examination agency. (With regard to the amendment of Article
42, 44-2, 46, 88, appended Table2, etc.; omitted in this paper.)
Note; this provision was enforced from 1st,
December, 2014.
|
Disclaimer
This translation is not formally
accepted, because the only legally effective texts of the main provisions,
mentioned above are the ones which were published in Japanese, in the
Official Gazette, issued by the Government of Japan.
However, this
translation is offered as a reference in order to promote the international
understanding of the main provisions among the amendments by the Act (Act No.
82 of June 25, 2014) making partial amendments of the Industrial Safety and
Health Act.
While great care is
taken with the Translation of the main provisions among the amendments by the
Act (Act No. 82 of June 25, 2014) making partial amendments of the Industrial
Safety and Health Act, from the Japanese, original, legal text into English,
in the following Appendix the
International Affairs Division, International Affairs Center, Japan Industrial
Safety and Health Association, accepts no responsibility for meaning of these
provisions included in the following translation, as legally actual effects.
|
Appendix II
The main provisions
among the amendments by the Act (Act No. 82 of June 25, 2014) making partial
amendments of the Industrial Safety and Health Act
|
The Amended
Provisions (abstract)
|
|
(Investigation, etc.
to be carried out by Employer)
|
|
Article 28-2 The employer shall, as provided for by
the Ordinance of the Ministry of Health, Labour and Welfare, endeavour to investigate
the danger or harm etc., due to buildings, facilities, raw materials, gases,
vapours, dust, etc. (excluding the danger or harm, etc., due to the
materials, provided for in the Cabinet Order, provided for in paragraph (1)
of Article 57 and the notifiable substances provided for in paragraph (1) of
Article 57-2 and those arising from work actions and other duties, and to
take necessary measures preventing from dangers or health impairment to
workers, in addition to taking the measures provided for by the provisions
pursuant to this Act or the orders, based on the results of the said
investigation. However, in case of the investigation other than investigation
to substances including chemicals, preparations containing chemicals and others,
which are likely to bring about danger or health impairment to workers, this
shall apply to the employer of the undertaking in the manufacturing industry
or other industries provided for by the Ordinance of the Ministry of Health,
Labour and Welfare. Paragraph (2) and (3); Omitted here.
|
|
(Investigation with respect to the materials, provided
for in the Cabinet Order based on paragraph (1) of Article 57 and the notifiable
substances , etc. to be carried out by Employer)
|
|
Article 57-3 The employer shall, as provided for by
the Ordinance of the Ministry of Health, Labour and Welfare, investigate the
danger or harm etc., due to the materials, provided for in the Cabinet Order,
provided for in paragraph
(1) of Article 57 and the notifiable substances.
(2) The employer shall endeavour to take necessary
measures for preventing dangers or health impairment to workers, in addition
to taking the measures provided for by the provisions pursuant to this Act or
the orders, based on the results of the investigation provided for inthe
preceding paragraph.
(3) The Minister of Health, Labour and Welfare shall
make publish the necessary 2 guidelines relating to the measures provided for
in the preceding two paragraphs to achieve an appropriate and effective
implementation thereof, in addition to those provided for in paragraph (1)
and (3) of Article 28.
(4) The Minister of Health, Labour and Welfare may
provide individual employers and organizations of employers with necessary
guidance and assistance, etc., under the guidelines in the preceding
paragraph.
|
|
(Medical examination for assessing the degree of a
mental burden of the worker )
|
|
Article 66-10 The employer shall, as provided for by
the Ordinance of the Ministry of Health, Labour and Welfare, conduct the
medical examination in order to assess the degree of the worker’s mental
burden for his/her worker by the physician, public health nurse or other
competent person (hereafter, referred as“ the physician, etc.”).
(2) The employer shall, as provided for by the
Ordinance of the Ministry of Health, Labour and Welfare, ensure to be
notified the results of the medical examination, provided for in the preceding
paragraph from the physician, etc. who conducted the said examination, to the
worker, examined pursuant to the preceding paragraph. In this case, the said
physician, etc. shall not offer the results of the said examination to the
employer concerned without the advance consent to do so from the said worker.
(3) In case where his/her worker, among the workers
concerned who received the notification, pursuant to the preceding paragraph,
and his/her worker’s degree of the burden of mental health fallsunder the
required condition considering the maintenance of the said worker’s health as
provided for by the Ordinance of the Ministry of Health, Labour and Welfare,
and when his/her worker concerned, makes an offer to be undergone the
face-to-face guidance by the physician, the employer shall, as provided for
by the Ordinance of the Ministry of Health, Labour and Welfare, conduct the
face-to-face guidance by the physician to the said worker. In this case, the
employer concerned, shall not make a disadvantageous treatment to the said
worker.
(4) The employer shall, as provided for by the
Ordinance of the Ministry of Health, Labour and Welfare, record the result of
the face-to-face guidance by the physician, pursuant to the preceding
paragraph.
(5) The employer shall, based on the results of the
face-to-face guidance by the
physician, pursuant to the provision of the third
paragraph, as provided for by the Ordinance of the Ministry of Health, Labour
and Welfare, listen to the opinions of the physician concerned, about the
necessary measure in order to maintain the health of the said worker.
(6) The employer shall, by taking consideration of
the opinions of the physician,
pursuant to the preceding paragraph, and when it is
deemed necessary, take 3 measures including changing the location of work,
changing the work contents, shortening the working hours, reducing the
frequency of night work or other measures, along with reporting the opinion
of the said physician to the Health Committee, the Safety and Health Committee
or the Committee for the Improvement of Establishing Working Hours, and other
appropriate measures, considering the circumstances of the said worker.
(7) The Minister of Health, Labour and Welfare shall
publish the necessary guidelines relating to the measures in the preceding
paragraph to achieve an appropriate and effective implementation thereof.
(8) The Minister of Health, Labour and Welfare may,
when the Minister published the guidelines, pursuant to the preceding
paragraph, and it is deemed necessary, provide individual employers and
organizations of employers with the necessary guidance and assistance, etc.,
under the guidelines in the preceding paragraph.
(9) The State shall endeavour to conduct study
training for the physician, etc., with respect to the influences due to the
degree of the mental burden of the worker in order to maintain the workers’
health, in addition, to take such measures as to provide health counselling
and other services to the said worker, in order to promote the health of the
said worker who uses the notified results, pursuant tothe second paragraph.
|
|
(Prevention of
Passive Smoking)
|
|
Article 68-2 The employer shall endeavor to take
necessary measures in order to
Prevent the Passive Smoking (meaning to inhale
tobacco smoke, blown out by other people, the interior of the building or in
the other equivalent environment. In the paragraph (1) of Article 71,
referred to as the same.), considering the circumstances of the said employer
and his/her workplace.
|
|
Supplementary
Provisions
|
|
(special case for the Medical examination for
assessing a degree of a mental burden of the worker )
|
|
Article 4 In applying of Article 66-10 to the
workplace other than the one provided for the paragraph (1) of Article 13,
“shall conduct” in paragraph (1) of the said Article shall be read for a
while as “shall endeavour to conduct”.
|
Komentar
Posting Komentar