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It is the 60th year that Japan has enacted labor standards act and industrial accident compensation insurance act. Also, since occupational safety and health act was enacted in Japan, thirty five years have passed. With the change of industrial structure and types of employment, individual labor law has developed in a variety of way. Accordingly, acts on industrial safety and health have undergone changes.
Occupational safety and health act of Japan has developed to regulate hazardous articles and machines appearing in a developed society, to cover increasing industrial disasters such as occupational diseases, and to establish clear lines of policy on promotion of occupational safety and health and responsibility for industrial disasters in the complicated industrial relations. There have been extensive reforms to occupational circumstances such as health examination and education to set up a comprehensive heath system. Also, industrial accident compensation insurance act has been developed to correspond with the demand of the times since its enactment. It is estimated that the act resulted in the increasement of recipients, the promotion of types of benefit and standard, enlargement of the idea of insurance accident, the development of a rehabilitation industry. This is, it has a good reputation as a system to support injured workers and their family.
However, this improved system can not solve all the legal problems. The problems on legal compensation of industrial safety and health and labor accident still remain as a problem to be solved. Occupational accidents have complicated relations not only with an industrial structure and labor management but with the right to labor, consciousness of the right, types of employment, life style of the family, and national finance. Furthermore, sharp increase of cancellation lawsuits of administrative measure and lawsuits for damages is leading to changing the role of related organization. Now, occupational safety and health act and industrial accident compensation insurance act should be estimated not only with the development of law as the demand of the times but with related laws and system.
This study is to investigate background on revision of occupational safety and health act of Japan, preventive measures of health impairment by long-term labor, the duty of health care, the duty of a legal health examination and the effect of its violation.