Many companies conduct employees’ annual medical examinations (hereinafter, “check-ups”) in the autumn, but errors often occur in the handling of check-up expenses and times or results with physicians’ findings. This article answers to some of the questions relating to check-ups facing companies.
[1] Workers subject to mandatory check-up
The Industrial Safety and Health Act and the Ordinance on Industrial Safety and Health require employers to provide workers with regular check-up once in a period not exceeding a year (not exceeding six months in the case of workers engaged in late-night work). This rule applies to regularly employed workers, including part-timers who fall under the following conditions.
1. Workers under contracts with no fixed term or whose contract period is one year or longer, fixed-term workers expected to be employed for a year or longer by contract renewal, fixed-term workers who has been employed for a year or longer by contract renewal
2. Workers whose weekly work hours are at least three-fourth of standard work hours of regular workers in the same workplace
[2] Check-up expenses, times
How to treat check-up expenses or hours can be puzzling. Since companies are obliged to provide their employees with medical checks, the government notice No. 602, dated September 18, 1972, states that check-up expenses must be borne by employers. Meanwhile, if an employee needs to receive further examinations, the employer is not legally required to pay the expense. Who covers the cost of follow-up test should be decided by a labor-management agreement in advance.
The government notice states that it is desirable that workers are paid wages for the hours spent on a check-up, considering that maintaining workers’ health is crucial for companies’ business operations. Based on this policy, most companies have a system to allow their employees to receive a check-up during work hours.
[3] Procedure for workers who received physicians’ findings
After a check-up, employees receive results, which may include physicians’ findings about any abnormality in their health. If any problem was found, companies must hear a physician’s opinion on whether special measures are necessary for the employees to engage in normal work. Specifically, check-up results may include the physician’s advice as in the following chart. If considered necessary, based on the advice, companies should take measures, such as changing the place of work or assignments, reduce work hours, limit late-night work, or report the physician’s opinion to the health committee.
|
Category |
Description |
Work measures |
|
Normal work |
The employee may continue normal. |
- |
|
Work restrictions |
Work restrictions are required. |
Shorten work hours to reduce burden, restrict business trips or overtime, reduce workload, change assignments, change place of work, reduce late-night work, change shift to daytime hours, etc. |
|
Leave required |
Leave of absence is required. |
Allow the worker to take days off or administrative leave for a certain period to support recovery. |
Some companies only provide workers with check-ups and deliver results, but taking necessary measures according to check-up results is important to support their workers to continue working in good health.
Companies that failed to hear a physician’s opinion on check-up findings may receive corrective recommendation from the Labor Standards Inspection Office. Please double-check the entire flow of employee check-up.
[Reference]
Labor Ministry, “Medical examinations based on the Industrial Safety and Health Act”
https://www.mhlw.go.jp/file/06-Seisakujouhou-11200000-Roudoukijunkyoku/0000103900.pdf
*The contents are based on laws and regulations as of the date of this article.
