Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

Occupational Cancer Convention, 1974 (No. 139) - Japan (Ratification: 1977)

The Committee notes the observations made by the Japanese Trade Union Confederation (JTUC–RENGO) submitted with the Government’s report, and the Government’s reply thereto.

Article 1(1) of the Convention. Periodic determination of carcinogenic substances and agents. The Committee previously noted the observations of the JTUC–RENGO that efforts of the Government with respect to carrying out toxicity tests (including threshold assessments) remained inadequate due to budgetary constraints. The JTUC–RENGO referred to reductions made in both the duration of testing procedures and the number of specimens tested.

The Committee notes the statement of the JTUC–RENGO, in its most recent observations, that efforts should be made to implement carcinogenic surveys of multiple exposures to chemical substances in the workplace, including co mixtures and the products of reactions. In this respect, the Committee notes the Government’s statement in its report that it has been conducting risk assessments of chemical substances since 2006, and from 2009, conducted these assessments in two stages: an initial assessment followed by a detailed assessment. The Government indicates that, as a result of these assessments, certain substances have been strictly regulated as possible carcinogenic substances. The Government indicates that, as some workers in the printing business have developed bile duct cancer, it is examining and expanding the budget to perform risks assessments more quickly to evaluate carcinogenicity. The Government also indicates that it is difficult to conduct carcinogenicity tests for exposure to mixed substances, as the number of possible combinations is countless. However, if there was a serious problem related to mixed exposures, the Government would examine the issue. The Committee requests the Government to continue to provide information on the periodic review of carcinogenic substances and agents to be prohibited or made subject to authorization or control, including the review of mixed substances. It also requests the Government to continue to provide information on the measures it is taking to improve assessment procedures as well as the measures taken or envisaged to review substances used in the printing business.

Article 6(c). Supervision of the application of the Convention through inspection. The Committee notes the observations of the JTUC–RENGO alleging an insufficient number of labour inspectors in the country. It refers, in this regard, to its comments made under the Labour Inspection Convention, 1947 (No. 81).

Application in practice. The Committee notes the information provided by the Government on the violations detected of the Ordinance on Prevention of Hazards due to Specified Chemical Substances in the course of regular monitoring conducted by labour inspectors. These figures indicate a large increase in violations detected between 2013 and 2014 in all categories for which statistics are provided. Despite a decrease in the number of inspections undertaken between 2013 and 2014, the number of violations of the Ordinance related to hygiene standards rose from 440 violations in 2013 to 1,714 in 2014, the number of violations related to the measurement of factors in the working environment rose from 137 to 1,034, and the number of violations related to medical examinations rose from 300 to 1067. 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. In addition, the Committee requests the Government to continue to provide information on the application of the Convention in practice, including the number and nature of violations detected and the number, nature and cause of cases of occupational disease.