Currently, in the field of occupational health, there are many problems such as mental illness and lifestyle-related illness that are difficult to determine the responsibility and to clarify the appropriate preventive method. There are some unclear troubles, whether it is due to illness or personality. In order to solve these problems, it is not enough that the legal system simply puts labor and management at odds and adjusts interests. It is also necessary to devise a legal system for cooperation between labor and management and other related parties (hospitals, rehabilitation institutions, families, etc.). There are many other complicated risks in the workplace, which are on the rise, but the Occupational Safety and Health Act is not tackling all of them. Therefore, based on the knowledge of law, we decided to gather the wisdom of related multidisciplinary academic fields and carry out academic activities to solve such problems. The greatest characteristic of this association is the orientation towards problem-solving and prevention. We welcome everything from latest academic research to practical debates concerning the challenges in the field. In our educational activities, we emphasize the practical legal education of occupational health professionals, such as industrial physicians. The establishment of this society was supported by many organizations and individuals, including the Ministry of Health, Labor and Welfare.

View full abstract

When an organization introduces new rules or systems, it is challenging for employees to adapt and utilize them. Their attitudes and behavior tend to be defined more by the implicit culture of the workplace than by the explicit rules. Culture is difficult to modify even in the face of environmental changes. Specifically, we need to pay attention to cases where the old culture is maintained by "pluralistic ignorance." The present article will introduce selected empirical research in social psychology on pluralistic ignorance. Furthermore, it will discuss the relationship between organizational systems and culture.

View full abstract

This paper investigates the author’s thesis that verification and ruling on cause and effect (causality of injury or illness), a challenge in medical disputes, involves both the medical standard of natural scientific verification and the legal standard of litigatory verification. It also discusses how both of the above standards are positioned theoretically and function practically, as well as what courses of action should be aimed for in the future, if the above thesis is correct, in cases of occupational illnesses (for which this paper focuses chiefly on cardiovascular conditions) that have proven to be particularly challenging under the workers' compensation system.

View full abstract

Occupational health and safety is included in Corporate social responsibility (CSR) and Environment, Social & Governance (ESG). Although many listed companies disclose information on their occupational health and safety activities, small and medium-sized companies have not made progress in disclosing such information. Companies are built on transactions and relationships with many stakeholders. Organizing the content of information disclosure on occupational safety and health required by stakeholders and increasing the number of companies that disclose such information are necessary to raise the level of occupational safety and health.

View full abstract

In this case, in which an industrial physician refused permission for reinstatement to work although the psychopathology that was the cause of the leave had abated, citing considerations such as the high likelihood of problems arising with other employees, the court ruled in favor of reinstatement regardless of the reasons for leave. Symposium participants’comments included the argument that an industrial physician’s decisions on reinstatement should be based on the degree of recovery of the ability to work and should not reflect matters such as interpersonal relations in the workplace, which should be handled by administrative sections. Throughout the discussions as a whole, it was pointed out that it is important for attending physicians, industrial physicians, workplaces, labor and social security attorneys, and attorneys at law to perform their roles by sharing information and cooperating appropriately with each other.

View full abstract

Control of chemical substances in Japan has developed under the Labor Standards Act and Industrial Safety and Health Act frameworks, to contribute greatly to preventing workplace accidents involving chemicals. However, the basic concept underlying this approach has been one of analyzing accidents and other incidents and taking measures to prevent their reoccurrence. While this enables specifications and standards that are easy to understand, inevitably it involves an ex-post approach. It is hoped that progress will be made in the future on development of performance requirement standards that demand results but do not require specific methods, and of rules on communication of information for this purpose.

View full abstract

The government stirred to let stakeholders in chemical manufacturing industries take their responsibility in autonomous chemical risk assessment and risk management. It is because 80 percent of chemical-related occupational diseases is due to chemicals other than chemicals listed in the special hazardous chemicals. To fulfill the new amendment of the law, we need new educational programs and new reform in certification processes in industrial hygienists and occupational health specialist, as well as the workers installing environmental safety equipment in the workplaces. We need to prepare comprehensive educational programs to all the stakeholder in occupational health.

View full abstract

Amid calls for management of chemical substances to migrate to a structure of autonomous control based on the principles of self-assessment of risks and taking necessary measures by businesses, it is expected that communication of information on hazards will grow increasingly important. The importance of such communication of information also has been suggested in court cases on demands for compensation for damages in response to on-the-job accidents. This paper elucidates points on which employers and manufacturers should pay close attention, based on previous judicial decisions.

View full abstract

Some companies are making progress on control of chemical substances but finding that these efforts are not proceeding as planned due to issues involved with specific chemical substances. Many other companies have not even made it to the starting line. Efforts are needed on the part of regulators in implementing legal and regulatory restrictions. While the details of the Report of the Investigative Group on Control of Chemical Substances etc. in the Workplace are groundbreaking, issues still remain with regard to implementation. It is important to ensure that atmospheric concentrations of harmful substances in areas where they could be inhaled by workers are kept at or below threshold limits, and they probably will need to be checked by regulators as well.

View full abstract

As a goal for beyond-2020 following the WSSD 2020 goal, it is expected that information communication throughout the life cycle of chemicals in product will become increasingly important. On the other hand, the information on the chemicals in product is often confidential business information, and disclosure of all chemicals in product can threaten the survival of the company. Therefore, it is necessary to clarify the chemicals whose names should be disclosed based on the scientific basis.

View full abstract

The Ministry of Health, Labour and Welfare of Japan has formulated a policy of thorough revision of regulations on control of chemical substances in the workplace, based on study by a working group that included academic experts, industry representatives, and labor organizations. This policy calls for migration from regulations based on individually specifying controlled substances and establishing specific measures to take to a system of autonomous control, in which means are used such as labeling and use of safety data sheet (SDS) to communicate information on the risks of chemical substances and protective measures reliably throughout the supply chain, and each enterprise and workplace chooses and implements measures itself based on this information.

View full abstract

A symposium was held with the objective of raising and discussing an ideal health management policy and legal issues of workers engaged in telework. The present symposium mainly focused on employed laborers who are working from home. Five symposiasts were asked to report mainly on (1) work time management, (2) measures to improve mental and physical health, and (3) improvements to the working environment at home, including the recently published Ministry of Health, Labour and Welfare“Guidelines for Promoting the Appropriate Introduction and Implementation of Telework.”Afterwards, discussions were held, where the symposiasts answered questions from the venue members.

View full abstract

The purpose of this paper is to evaluate the health effects of telework using the Health Impact Assessment (HIA) method and to share evidence of health issues with telework. As a result of the survey, it became clear that workers who are teleworking are more likely to have "decreased physical activity", "stiff shoulders / backache due to poor working environment", and "decreased labor productivity". Furthermore, it was clarified that the more frequently teleworked people are, the greater the amount of decrease in labor productivity.

View full abstract

This study investigated the relationship between the Big Five personality traits and stress. A questionnaire survey was administered to homeworkers and 602 samples were analyzed. The results showed that extroversion, agreeableness, consciousness, and openness lowered stress, while neuroticism heightened stress in homeworkers. The frequency of homeworking did not significantly affect stress. In terms of moderating effects, consciousness decreased stress when working from home more frequently, but did not significantly affect stress when working from home less frequently.

View full abstract

This symposium explored the controversial stress factors that were or were not acknowledged by the courts as overloading or illegal. It also discussed the presence of these factors by various professions and identified the measures for problem solving. The case involving a chief officer of the Ikebukuro Labor Standards Inspection Office (Tokyo District Court judgment, August 25, 2010) was taken up, and four symposists delivered presentations from the perspectives of compensation and prevention.

View full abstract

At this symposium, two chairmen raised some problems regarding the current situation of the increase in long-term medical treatment for persons with mental disorders in workers' accident compensation insurance, and showed the purpose of clarifying the ideal way of reinstatement support and medical treatment to solve it. Was done. After that, from the three symposists, (1) support for reinstatement and medical treatment for persons with mental disorders based on medical knowledge, (2) support for reinstatement and medical treatment from an administrative perspective, and (3) examination of differences in the legal system between Japan and Germany. A report was made on the ideal way of optimizing benefits through. Furthermore, based on the announcement by the symposists, a general discussion was held following the designated remarks from the standpoint of a local industrial accident doctor. Throughout these sessions, problems and issues were pointed out, as well as future measures were discussed, and the perspective of how to achieve fair harmony between medicine, law, and administration was shared.

View full abstract

The number of occupational accident claims for mental illness 1 reached a record high every year, reaching 2060 in FY2019 (up 240 from the previous year) and the actual number of occupational accidents certified in FY2019 was 509 (up 44 from the previous year). The number of certifications has also increased. In particular, the number of occupational accident certifications for "non-suicide mental disorders" has increased sharply, and the number of occupational accident certifications for "non-suicide mental disorders" has been 4702 by 2019, and the total number of certifications is 6067, 77.5. Occupied%. We reported on a survey on long-term medical treatment after occupational accident certification, presented cases of long-term medical treatment after occupational accident certification (self-study cases), and examined problems and issues of occupational accident medical care.

View full abstract

If a person develops a mental disorder due to a strong psychological burden on his / her work, he / she will be provided with the workers' accident compensation insurance necessary for medical treatment and leave as a workrelated illness. Rehabilitation to society is one of the purposes of workers' accident compensation insurance, and it is desirable to return to work as soon as possible. For those who have been receiving medical treatment for a long period of time, we aim to return to work as soon as possible by using the medical treatment and aftercare system while listening to the opinions of the attending physician.

View full abstract

How does Germany deal with people with mental illness who have been receiving workers' accident compensation insurance for a long time? A survey of German workers' accident compensation and health insurance systems revealed the following: a) Social insurance recipients such as workers' accident compensation insurance are also obliged to cooperate for recovery, and if they are not fulfilled, insurance benefits can be suspended unless there is a reasonable reason. b) Obligations to cooperate include (1) reporting accurate facts, (2) taking medical / psychological examinations, (3) consultation and treatment, and (4) partial labor participation. Participation in rehabilitation is also required at the discretion of the insurer. c) As a general rule, a medical certificate for leave required by a doctor can only be issued for the next two weeks, and insurance benefits will be provided only during that period. In this way, the need for benefits is diligently determined. d) Workers' accident leave compensation is paid only up to 78 weeks, and if it does not improve during the period, it will be reviewed again and disability compensation will be applied. In this way, at least with regard to the compensation for leave of absence, the unreasonable extension of the receiving period has been stopped. However, social insurance is based on the legal principle of the insured's right in Germany, and the limitation of insurance benefits requires adequate proof.

View full abstract

The increasing number of long-term recipients of medical (compensation) benefits and temporary leave (compensation) benefits of industrial accident compensation insurance, who are suffering from mental disorder by the work or commuting related accidents, and not able to return to work, nor qualified disabilities is recognized as a problem. Three major issues are discussed as the causative factors: firstly, naming incomplete cure or incomplete remission as cured (stabilized symptoms), secondly, temporary leave compensation benefits are paid until the injury or disease is cured (stabilized symptoms), lastly, the big disparity between temporary leave(compensation) benefits and disability (compensation) benefits. The author pointed out that comprehensive consideration is necessary on the reduction of segment order of temporary leave compensation benefits according to the recuperating period, generous disability(compensation) benefits and continuation of medical compensation benefits after qualification of disabilities.

View full abstract

In order to examine the substantial causal relationship between health risks and the illness in overseas work, I will examine judicial decisions on administrative decisions regarding the occupational injury. Specifically, I will examine individual judicial cases regarding cerebro-cardiovascular disease, mental illness, and other diseases in which the existence of a reasonable causal relationship between the illness and health risks, mainly physical and mental stress unique to overseas work, was an issue. Through these cases, I try to find out relevant points to keep in mind regarding health management in overseas work. Finally, I will examine judicial decisions on the administrative decision regarding the application of workers' compensation to overseas business trips and overseas assignments.

View full abstract

Industrial accident compensation insurance covers workers who belong to business establishments in Japan. Overseas dispatchers who do not belong to domestic business establishments will not be covered by the industrial accident compensation insurance unless they have a special insurance. On the other hand, overseas business travelers who belong to domestic business establishments are compensated without special insurance. I will introduce examples of disputes between overseas dispatchers and overseas business travelers and the government's response.

View full abstract

In its first general academic conference, the Japan Association of Occupational Health Law held symposia led by experts, followed by general discussions concerning the following issues affecting corporate employees and other related parties in connection with the COVID-19 pandemic: requests for extended leave and refusal to come to work; mandatory PCR testing; COVID-19 and compensation for damages, disciplinary action, and human-resource evaluations; leave, wages, and leave allowance (for direct employees and employees dispatched by placement agencies); and the relationship between working from home and employers’ obligations to consider safety. These were based on labormanagement issues and laws related to COVID-19, in light of the considerable impact that the spread of the pandemic has had on corporate employers and workers. The general discussions featured debate on subjects such as the pros and cons of vaccine mandates; details of employers’ obligations to consider safety, including PCR testing; leave allowance; corporate decision-making procedures in responding to COVID-19; and the relationship between working from home and employers' obligation to consider safety.

View full abstract

In the COVID-19 pandemic, increasing in infectivity and attenuation in toxicity is now progressing by viral mutations. The PCR test can not prove "no-infection" because of its insufficient sensitivity, and its positive results do not mean infectivity because of its reactions irrespective of viral activity. The efficacy of COVID-19 vaccines does neither last long nor fully cover the mutated viruses. Since contact infection with virus-containing droplets is the main route of contagion, then "no-touch" is the most important policy. The four declarations of emergency state were ineffective. Enforcement of medical system is the urgent matter and some concrete plans would be proposed in this presentation.

View full abstract

For problems based on unknown risks or issues for which the evidence is not clear, such as labor issues related to new coronavirus infections, a rational consensus-based response is necessary. Legal responsibility in the field of occupational health is determined by comprehensive consideration of employees, employers, and environment.Therefore, it is important to create rules for risk analysis and responsibility analysis focusing on these three factors. In order to ensure the rationality of the consensus, appropriate cooperation among experts and multiple professions is required.

View full abstract

When placing an employee on leave in response to COVID-19, depending on the reason for leave the employer may be obligated to pay the entire amount of wages if it has refused to receive labor services without good reason (Article 536, Paragraph 2 of the Civil Code), or to pay leave allowance if the leave was due to a fault in the employer's management or administration (Article 26 of the Labor Standards Act). Employment regulations requiring unvaccinated employees to submit proof of a negative test for COVID-19 as a condition of working in operations for which there is a high need to prevent the spread of the virus are considered reasonable in light of considerations such as adequate consideration for disadvantages to workers.

View full abstract

This paper was obtained from the 1st to 5th waves of (COVID-19, hereinafter referred to as corona)in preparation for the 6th wave of corona　and new coronavirus variant infection, which is expected to return, and the variant that invade one after another. In order to make use of valuable lessons, among the various labor law issues that the corona sickness caused and became apparent, the judicial precedents with a focus on PCR inspection, damage compensation, disciplinary action, personnel evaluation, vaccination, etc. as much as possible. In line with these issues, we will also introduce the latest corona-related judicial precedents that have recently begun to be published.

View full abstract

To maintain the health of employees working from home, employers need to fulfill their duties to consider the health and safety of their workers, by implementing the measures required under occupational health and safety laws and regulations. They also need to ascertain the health status of employees working from home and take steps such as reassignment to other duties and lessening their workloads as necessary in light of considerations such as the details and degrees identified. In doing so, they probably should conform or refer to policies and guidelines published by the national government, medical societies, and other authorities, with the participation of appropriate experts such as occupational physicians. An employer that fails to fulfill its duty to consider safety under civil law could face liability issues such as compensation for damages in the event that an employee working from home contracts a condition such as clinical depression or economy-class syndrome.

View full abstract

A case of a conflict of opinions between an attending physician and an industrial physician regarding reinstatement of a company attorney who took illness leave without organizational accommodation was debated in the form of a mock trial. In this mock trial, the issue was brought into relief of whether personality bias should be taken into consideration in decisions on reinstatement from leave for psychological conditions. It also suggested the need for consideration of the meaning and limitations of reworking programs, along with the importance of approaching treatment and acceptance in the workplace through sharing of information and appropriate cooperation between the attending physician and industrial physicians or the workplace.

View full abstract

This mock trial session included a mock trial by four persons—an attending psychiatrist, an attorney from the labor side, an industrial physician, and an attorney from the company side—on the theme of a reinstatement judgment for a company attorney who took illness leave without organizational accommodation. The trial included fierce debate on various points at issue. In this paper, the industrial physician reviews the responses that should be taken within the relationship involving the worker, the attending doctor, the employer, superiors, and others, from a standpoint of independence and neutrality as an industrial physician.

View full abstract

A mock case of adjustment disorder triggered by maladjustment to the workplace due to personality bias was discussed. To evaluate the degree of adjustment disorder caused by the interaction with the work environment, the company decided to use the rework program to evaluate the adjustment to the work environment, including personality bias, and to consider the possibility of returning to work. However, in this case, the employee refused to be assessed by the rework program, so the company decided that it was impossible for him to return to work from the perspective of fulfilling its obligation of security for him and the other workers as an industrial physician.

View full abstract

Regarding the "judgment of reinstatement of an in-house lawyer who took sick leave because he could not adapt to the organization" discussed in the mock trial of the 1st academic meeting (hereinafter referred to as "mock trial"), concerning the issues to be examined from the perspective of the enterprise. the purpose of the injury and illness leave system, the legal structure for determining whether or not to return to work, the responsibility for demonstrating the status of being able to return to work, the relationship between the disappearance of personal injury and illness leave reasons and the name of the illness diagnosed during leave, the lightness of judgment by the attending physician / industrial physician, and suspicion of personality disorder, Clarify from the relationship with reasonable accommodation under the Act on Promotion of Employment of Persons with Disabilities, and add consideration.

View full abstract

Mr. A is on leave due to a mental illness. And the end of the period he can take leave is near. He has a lot of personality problems. And he also has a high degree of expertise such as a lawyer qualification. He has his own problems, but his workplace also has problems. In such a complex environment, the author expressed and considered his opinion as a psychiatrist who recommended returning to work.

View full abstract

This paper employs the concept of mentalization to explain the impact of the psychological stress we feel, and responses to this impact, when interacting with workers who have personality disorder or autism spectrum disorder. As preparation for doing so, it discusses what it means to understand psychiatry.

View full abstract

Recently, mental health of an employee is challenges in many companies, and many companies are concerned about measures to prevent mental disease. Moreover, this problem is common issue of the area involved, for example jurisprudence, medical science and psychology. First, I analyze characteristic precedents about dismissal of employees with a mental disability in Germany, then, weigh Japanese labour law with German labour law. Through these discussions, this paper clarifies Japanese features of doctrine of dismissal of employees with a mental disability.

View full abstract

In order to evaluate the results of occupational health activities, it is useful to set outcome indicators after clarifying the objectives of the activities, and then combine the indicators for the several steps leading to the outcome. In addition, setting targets for the achievement of each indicator at the planning stage can lead to improvement of the activities. However, it is important to understand that improvements in employee health-related indicators are not the result of occupational health alone, and that the contribution of occupational health are not only expressed in the indicators.

View full abstract

The purpose of this paper is to discuss achievements and future research questions regarding occupational health activities, positioning them as a part of human resource management. In this paper, based on previous overseas studies, we propose an expanded view of the outcomes of occupational health from the standpoint of human resource management, to include the achievement of a wide range of employee well-being and organizational outcomes. In addition, we exemplify the research issues found by placing occupational health activities within the trend of human resource management research.

View full abstract

Forty to fifty percent of labor and social security attorneys (LSSAs) are consulted about mental health issues. There is also a possibility that they do not cooperate sufficiently with occupational health staff. Past studies have shown that LSSAs are expected to be competent in mental health issues. It is necessary for both occupational health staff and labor and social security attorneys to cooperate with each other according to the size of the company and the type of contract, based on the principle that both should be involved with employees and companies in a fair manner while fulfilling their own responsibilities.

View full abstract

This paper considers the roles of labor and social security attorneys and industrial physicians in occupational mental health. The employer's confidence in them is of utmost importance, and this can be achieved by, first, having a sympathetic understanding of the situation in the workplace and, second, using appropriate shared terminology among related parties. In addition, mental health measures are based on job attendance, and suddenly calling in sick for the day citing vague symptoms is a distinctive sign of mental health issues. It is essential to recommend examination in such cases. The paper also explains making recommendations and providing guidance based on reasonable considerations.

View full abstract

Workers' mental health problems cause great costs and losses for both employers and workers. Therefore, it is necessary to detect mental health problems at an early stage, investigate the cause, and take countermeasures. For that purpose, it is necessary that personnel and labor specialists such as labor and social security attorney and occupational health professionals such as occupational physicians relax the minds of workers, give advice to employers on dealing with mental health problems, work together to eliminate the cause of them through by mediating communication between employers and workers.

View full abstract

The main subject of this workshop was to explore forms of cooperation between labor and social security attorneys and occupational health staff through discussion among occupational health staff, attorneys, and labor and social security attorneys, based on examples. In this paper, the author, an official of the Japan Federation of Labor and Social Security Attorney's Associations, describes the importance, responsibilities, and missions of labor and social security attorneys and explains basic approaches that should be taken in the performance of their duties.

View full abstract

In a previous study, although many labor and social security attorneys consider their role in occupational safety and health to be important, few of them actively perform safety and health work, citing a gap between their perception and their intention to implement it. The main body of occupational health is the business operator, and voluntary activities are required, but there are many cases where the business operator does not understand the importance of building a health management system or the role of occupational physicians. Particularly in small and medium-sized enterprises occupational physicians and labor and social security attorneys should work together to provide support that will enhance the initiative of employers.

View full abstract

As working from home has spread rapidly since the COVID-19 pandemic first struck in 2020, occupational health professionals have used information and communication technology in their activities as well. In this workshop, occupational physicians, occupational health nurses, and lawyers discussed issues related to privacy and responsibility with regard to online health interviews particularly from a legal perspective. It found that measures vital to prevent disputes include thorough communication to employees of the content of related notifications, obtaining the consent of the worker as appropriate during related activities, and clear documentation of rules.

View full abstract

As each symposium participant reported on the responsibilities of clients and contractors under work styles such as side jobs, concurrent jobs, and freelance work that are being promoted today, views such as the following were pointed out: ・ In many aspects, legal systems remain underdeveloped with regard to new work styles such as side jobs, concurrent jobs, and freelance work. There has been insufficient discussion of health and safety with regard to freelance work in particular. ・ The method of front loading identified as one means of digital transformation (DX) is a revolutionary approach that contributes both to consideration for safety in the design stage and increasing productivity in the workplace. It also contains important hints for industries other than construction as well. ・ While technically it would be possible to deploy occupational health services for quasi-employed workers, there are legal issues that must be resolved to enable it. The discussions in this symposium suggested that there are pressing needs for clarification of the scopes of responsibilities of clients and contractors and measures to protect workers' health under work styles such as side jobs, concurrent jobs, and freelance work, which are likely to be used even more widely in the future.

View full abstract