Special Issue (Paper (In Japanese))
ISSUES ON LABOR ACCIDENT COMPENSATION IN EMERGENCY CONSTRUCTION WORK BASED ON DISASTER AGREEMENTS
2019 Volume 75 Issue 2 Pages I_93-I_98
Details
2019 Volume 75 Issue 2 Pages I_93-I_98
The authors collected agreement documents (hereinafter, disaster agreement) on emergency work at the time of disaster that 47 prefectures and each construction industry association concluded, and analyzed the state of description of the disaster compensation regulations. As a result, there were 32 agreements with descriptions of provisions of damage compensation, including labor accidents, 4 agreements with descriptions of provisions of damage compensation to third parties and equipment etc., and 11 agreements without such descriptions. In other words, it was found that the disaster agreements concluded by many local governments and the Japan Construction Industry Association did not unify the handling of damage compensation for an accident etc., that occurred during an emergency relief operation at the time of a disaster.
In addition, the authors conducted interview surveys with officials of the Ministry of Land, Infrastructure, Transport and Tourism, Shikoku Regional Development Bureau, the National General Contractors Association of Japan, and the General Contractors Association of Tokushima in order to understand labor compensation in a disaster emergency situation in detail. The following two points became clear as a result of hearing investigation. (1) The Tokyo Metropolitan Government recognizes specific issues concerning compensation amount, and (2) MLIT is making preparations to newly reflect workers' compensation premiums on the budget for ordering emergency relief operations.
Based on the above results, this paper presents the ideal way of compensation for labor and disasters at the time of disaster emergency relief operation.
