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.
- 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.
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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.
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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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Referensi :
