[co-authors: Yuka Kamio*, Yukino Otsuka**]
Japan’s Industrial Safety and Health Act sets clear legal standards for protecting employee health and safety. From medical checks to accident reporting, we take a look at the key employer obligations below.
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Minimum legal standards for workplace safety
The protection of employee health and safety is a fundamental obligation imposed on employers under Japanese labour laws, particularly the Industrial Safety and Health Act (ISHA). The ISHA aims to ensure safety and health in the workplace while promoting comfortable working environments. Employers must comply with a range of obligations, which vary depending on the size and nature of their workplace. Key requirements include the following:
- Appointing safety personnel: Employers must designate safety personnel such as safety managers, health supervisors, and industrial doctors to oversee workplace safety and health. These designations depend on the number of employees and the type of industry.
- Medical examinations: Regular medical examinations must be provided at the employer’s expense. If issues are found, employers must take action—such as adjusting duties or hours—as necessary based on medical advice.
- Managing overtime and stress: Special consideration must be given to the health and wellbeing of employees who work long overtime hours. Specifically, employers are required to ensure that employees who work more than 80 hours of overtime in a month and show signs of accumulated fatigue undergo a medical consultation with a doctor.
- Measures to prevent accidents: Employers must implement measures to prevent workplace accidents, such as providing safety equipment, conducting regular inspections, and offering training to employees.
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Reporting accidents
Employers in Japan must report workplace accidents to the head of the relevant Labour Standards Inspection Office when an employee dies or becomes unable to work due to a workplace accident or other incidents. Reports must be submitted electronically and include detailed information about the incident. The deadline for filing the reports varies depending on the severity of the accident and the resulting period of absence from work. Authorities may investigate and require corrective actions.
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Regulation and enforcement
ISHA is regulated and enforced by the Ministry of Health, Labour and Welfare and local labour bureaux. Enforcement mechanisms include the following:
- Inspections: Labour inspectors may conduct both routine and incident-triggered site visits to ensure compliance with safety standards.
- Mandatory reporting: Employers must report serious workplace injuries and illnesses.
- Guidance: Authorities may provide guidelines and resources to help employers meet legal standards.
- Penalties: Violations of the ISHA may lead to administrative orders or criminal charges. For example, failure to conduct mandatory health examinations or report serious accidents can result in fines of up to JPY 500,000.
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Liability for third-party contractors
Employers are obligated under the ISHA and related regulations to ensure workplace safety and health. Moreover, under labour law, employers have a contractual obligation to exercise due care for the safety of employees. These obligations are not waived merely because a workplace accident has been directly caused by the activities of third-party contractors. For example, if the employer fails to implement adequate safety measures and a contractor’s activities result in a workplace accident, the employer can still be held liable for the accident even though it was caused by the contractor.
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Takeaway for employers
Employers in Japan must proactively manage health risks, ensure proper reporting, and maintain compliance with the OHS frameworks (namely the ISHA) to protect their workforce and avoid legal consequences.
*Anderson Mori & Tomotsune
**Associate - Japan
