Journal of Occupational Health Law
Online ISSN : 2758-2574
Print ISSN : 2758-2566
Volume 2, Issue 2
Displaying 1-6 of 6 articles from this issue
Round-table talk
Original article
  • - Introduction to proper handling of non-statutory health information -
    Yoko Izumi, Takashi Komoguchi, Masayuki Tatemichi, Takenori Mishiba
    2023Volume 2Issue 2 Pages 21-32
    Published: December 30, 2023
    Released on J-STAGE: December 21, 2023
    JOURNAL FREE ACCESS
    Japan’s Fourth-Phase Basic Plan to Promote Cancer Control Program focuses on the promotion of cancer control in the workplace, especially cancer screening, and one of the challenges is how to improve the screening rate and the diagnostic follow-up rate. However, under the current system, cancer screening is to be performed at the discretion of employers. In addition, concerning the proper handling of health information, such as cancer screening results, in the light of the Act on the Protection of Personal Information, labor law, and other laws, a consensus is not always reached. For this reason, this paper discusses the current situation of cancer screening in the workplace and presents issues and directions for solving problems under the current legal system, focusing on the handling of health information.
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Judicial precedent introduction/judicial precedent research
  • Takeshi Hayashi
    2023Volume 2Issue 2 Pages 33-48
    Published: December 30, 2023
    Released on J-STAGE: December 21, 2023
    JOURNAL FREE ACCESS
    Plaintiff X, who worked as an outpatient nurse at a hospital run by Defendant Y1, was absent from work due to mental illness. After refusing to have an interview with an occupational physician for returning to work, Plaintiff X was not permitted to return to work and put on administrative leave (non-disciplinary suspension to ensure the work efficiency of officials). The trial was fought out on the issue of whether or not the administrative leave order was valid. This paper is based on the judgment of the Chiba District Court on December 8, 2017 (Labor Economy Court Precedent Preliminary Report. No.2340).
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Literature introduction
  • Masaki Imura
    2023Volume 2Issue 2 Pages 49-60
    Published: December 30, 2023
    Released on J-STAGE: December 21, 2023
    JOURNAL FREE ACCESS
    This paper is an introduction to a report prepared by a project of the European Agency for Safety and Health at Work (EU-OSHA), published in May 2021. The report focuses on ensuring compliance with occupational safety and health (OSH) regulations in the EU member states, and includes a comprehensive literature review of social norms, social reporting, corporate social responsibility, economic incentives, the role of supply chain relation, external preventive services for OSH in EU member states, and new initiatives of OSH regulatory authorities. The report shows that each country, led by its regulatory authorities, has been trying to reduce work-related deaths, injuries, and illnesses by ensuring and promoting compliance and better OSH practices in the context their problem situations and historical backgrounds, and that the report also clarifies that issues have emerged in the process need to be examined in the future.
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Trends in labor administration
  • Shojiro Yasui
    2023Volume 2Issue 2 Pages 61-69
    Published: December 30, 2023
    Released on J-STAGE: December 21, 2023
    JOURNAL FREE ACCESS
    This paper outlines the new chemical hazard control system under the Industrial Safety and Health Act. Current chemical hazard control covers a limited number of chemicals, and prescribes detailed measures by special regulations. On the other hand, the novel approach covers all hazardous chemical substances and requires employers to conduct a risk assessment and take necessary exposure control measures based on the results to minimize the exposure of their employees to chemical substances. The novel approach aims to prevent chemical hazard at work complehensively.
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Case Study
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