OSHMS from a Viewpoint of Labour Law Studies

Abstract

As for Japanese OSHMS(Occupational Safety and Health Management System), systematic relations with existing Occupational Safety and Health Act-related laws and ordinances were not built enough when it was introduced. Surely, in recent times, movement of law institutionalization over OSHMS comes out slightly. By Occupational Safety and Health Act revision 2005, a step to exempt the enterprise which performed an appropriate measure on the basis of a guideline about OSHMS adequately from a certain legal requirements was taken. However, those legal requirements exempted are quite limited to some Safety-related matters. In addition, in the first place, existing Occupational Safety and Health Act of our country does not provide an indispensable precondition enough so that OSHMS functions effectively. You should compare those with German OHRIS(Occupational Health and Risk Management System) and Occupational Safety and Health Act-related laws and ordinances of the country and can understand this.

However, Occupational Safety and Health Act of our country suggests close relations with management, and the Labor Standards Law that is a law as the origin of the law establishes a labor and management equality decision principle of working conditions; the idea and the thought of OSHMS were already shown in law, it may be said. In addition, increasing number of judicial precedents about karōshi / overwork suicide have come to refer to personnel affairs / personnel management, ideal method of corporate management, and the necessity of OSHMS has been given a legal proof by those precedents. Furthermore, a recent industrial stress study has developed varied methods of stress investigation and has come to offer an useful tool to OSHMS particularly on health measures side. In this way, may not it be said that OSHMS has come to acquire an original role - an integration of Occupational Safety and Health system into a management system -, at the same time, the possibility that systematic relations of OSHMS and the Occupational Safety and Health Act-related laws and ordinances is brought has come to be seen?

On the basis of such a premise, systematic relationship between the legal system and OSHMS must be built comprehensively from now on by an effort of all people concerned about Occupational Safety and Health.