SISTEM PERUNDANG - UNDANGAN K3 JIS ( JAPAN
INDUSTRIAL STANDARD )
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,
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Situations
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Necessity of Countermeasures
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The
occurrence of the bile duct cancer as the Occupational Disease due to
hazardous chemical substances which are not covered by the special
regulations.
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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)
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The
increase of the cases of mental health disorder, compensated as the
Occupational Disease.
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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)
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The same
kind of the Occupational Accident occurred repeatedly in the other work place
of the same company.
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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)
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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.
1. 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.
2. 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.
3. 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.
5. 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.
6. 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.
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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.
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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
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The
Amended Provisions (abstract)
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(Investigation,
etc. to be carried out by Employer)
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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.
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(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)
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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.
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(Medical
examination for assessing the degree of a mental burden of the worker )
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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.
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(Prevention
of Passive Smoking)
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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.
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Supplementary
Provisions
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(special
case for the Medical examination for assessing a degree of a mental burden of
the worker )
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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”.
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