In recent years, labor standards authorities have been placing an increasing importance on the prevention of excessive workload, requiring employers to pay more attention to workers’ safety and health. Particularly, companies with 50 or more regularly employed workers are required to implement certain measures in line with the Industrial Safety and Health Act. This article looks into details of this rule.
[1] Workplaces with 50 or more regularly employed workers
First, let’s check the definition of “regularly employed workers.” The definition of “workers” under the Industrial Safety and Health Act is basically the same as the Labor Standards Act. Whether a worker is “regularly employed” is determined based on the normal status of the workplace. Temporarily hired workers or a casual vacancy are not considered as a fluctuation in the worker count, while part-time workers must be included in the number of “regularly employed workers,” unless they are being hired temporarily.
Since the Industrial Safety and Health Act is designed to ensure safety of all workers, companies using workers dispatched by staffing agencies need to include them in regularly employed workers. If a company has 45 employees and 5 dispatched workers, the number of regularly employed workers will be 50.
[2] Measures to be implemented by companies with 50 or more workers
Companies with 50 or more regularly employed workers are required to take the following five measures.
- Appoint a health manager and report
- Organize a health committee
- Select an industrial physician and report
- Conduct stress checks and report
- Submit reports on regular health check results
Companies are required to appoint a health manager, regardless of the type of their business. If a company has multiple workplaces with 50 or more workers, a health manager must be selected for each workplace. In the case a health manager becomes unable to fulfil the duty due to absence from work, etc., the company must appoint a substitute manager. The administrative notices (No.83 dated January 16, 1948, No.90 dated February 13, 1958) states as follows about a substitute.
1. If there is a worker qualified as health manager, the person should be appointed as the substitute.
2. If the measure above is not possible or appropriate, a person engaged or has engaged in health and hygiene operations should be appointed.
The notices also states if a health manager cannot fulfil the duty for a long period, another health manager must be appointed. For instance, if a health manager takes childcare or nursing care leave and becomes absent from work, the company must select another person as a health manager.
Many workers join or leave companies at the beginning of the new fiscal year. Please understand the number of workers correctly and take necessary measures explained above.
[Reference]
Tokyo Labor Bureau
“Improving safety and health management”
https://jsite.mhlw.go.jp/tokyo-roudoukyoku/jirei_toukei/anzen_eisei/toukei/ae-eiseikanri.html
Labor Ministry, “Stress check and other measures for mental health and prevention of excessive workload”
https://www.mhlw.go.jp/bunya/roudoukijun/anzeneisei12/index.html
Labor Ministry, “How to submit health check reports”
https://www.mhlw.go.jp/seisakunitsuite/bunya/koyou_roudou/roudoukijun/faq/13.html
*The content is based on laws and regulations as of the date of this article.
