Journal of the Japanese Council of Traffic Science
Online ISSN : 2433-4545
Print ISSN : 2188-3874
Legal liability of employer for vehicle collisions caused by driverʼs poor health and their obligation toward driversʼ health management
Mineko BABAMasahito HITOSUGI
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JOURNAL FREE ACCESS

2021 Volume 21 Issue 1 Pages 3-10

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Abstract
In recent years, collisions of vehicles caused by driverʼs poor health have increased. Cardiac disorders, cerebrovascular diseases, and aorta dissections/ aorta aneurysms accounted for approximately 30% of the causes of health-related vehicle collisions, and for more than 80% of fatal collisions. These diseases are strongly associated with lifestyle illnesses. In addition, it has been reported that lifestyle illnesses are closely associated with sleep apnea syndrome. The nature of their occupation puts drivers at increased risk of such diseases. Employers are obliged to manage the mental and physical health of drivers. The Ministry of Land, Infrastructure, Transport and Tourism of Japan formulated a health management manual for employers to adhere to legally prescribed obligations effectively. However, several vehicle collisions caused by driverʼs poor health because of employersʼ negligence of basic obligations have occurred even in recent years. When a driver causes a collision because of his poor physical conditions, the employers may be liable to criminal, administrative, and civil charges. Criminal liability includes fines, punishment, and penal servitude. Civil liability refers to the compensation for damages. Administrative responsibility incorporates orders such as the suspension of vehicles or the rescission of service company authorization. Such liabilities erode social trust and result in economic losses. Transportation service companies face a serious shortage of human resources. Good health management secures driversʼ features. Thus, employer ought to consider measures for effective health management so that drivers with poor conditions return to work or remain employed.
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© 2021 The Japanese Council of Traffic Science
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