Journal of Occupational Health Law
Online ISSN : 2758-2574
Print ISSN : 2758-2566
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Displaying 1-13 of 13 articles from this issue
Round-table talk
Contribution
  • Takenori Mishiba
    2025Volume 4Issue 2 Pages 25-43
    Published: October 31, 2025
    Released on J-STAGE: November 01, 2025
    JOURNAL FREE ACCESS
    The 2025 amendment to the Industrial Safety and Health Act (Act No. 33 of 2025) marks a first step toward restructuring Japan’s occupational safety and health legal framework, centered on the protection of self-employed workers, in response to changes in industrial structure and increasingly diverse working styles. The most significant aspect is the amendment’s aim to extend protective measures to self-employed individuals—prompted by the Supreme Court ruling in the construction asbestos case—through the expansion and clarification of both the responsible parties and the scope of protection. In addition, the amendment addresses a broad range of issues, including the mandatory implementation of stress checks in small-scale workplaces (without penalties), the legal establishment of support measures for autonomous chemical management, and the statutory imposition of a duty of effort to improve working environments for elderly workers. This article aims to clarify the intent and key points of the amendment through an analysis of the government’s official notification.
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Review
Case Study
  • ~ Return to work of Employee with Higher Brain Function Disorders ~
    Hiroshi Tsuji, Toshiharu Nakai, Yumiko Hibi, Yoichi Inoue, Yasuko Maru ...
    2025Volume 4Issue 2 Pages 60-67
    Published: October 31, 2025
    Released on J-STAGE: November 01, 2025
    JOURNAL FREE ACCESS
    This reports on the case study workshop conducted by Japan Association of Occupational Health Law, using a case of a worker with higher brain dysfunction attempting to return to work. The case involved a man in his 40s who suffered a cerebral hemorrhage during work and attempted to return to work while retaining higher brain dysfunction. Multiple professionals were involved, including an occupational physician, a occupational health nurse, an HR representative, and a lawyer. The workshop featured vigorous discussions on determining return-to-work feasibility, post-return job adjustments and reasonable accommodations, fitness for duty evaluation based on disability characteristics, and the scope of personal information disclosure. From a medical perspective, the importance of rehabilitation coordination and disability management spanning the acute phase through the living and occupational phases was emphasized. From a legal perspective, the principles of “recovery” and return to original position, along with the scope of reasonable accommodations, were clarified. Furthermore, from a human resources and labor perspective, the challenge of establishing criteria for reasonable judgment under highly uncertain circumstances was highlighted. Through this case, it became clear that effective return-to-work support requires integration of internal and external resources, interprofessional collaboration, and consistent, rational decision-making by the employer.
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Judicial precedent introduction/judicial precedent research
  • Takeshi Hayashi
    2025Volume 4Issue 2 Pages 68-83
    Published: October 31, 2025
    Released on J-STAGE: November 01, 2025
    JOURNAL FREE ACCESS
    In this case, public health nurses X1 and X2, who were employed at Company Y1 under a temp-to-perm arrangement, claimed to have suffered psychological distress due to power harassment by Y2, the occupational physician at Y1. They further alleged that Y1 unjustly refused their direct employment and thus sought damages and confirmation of their employment status as regular employees. The court recognized part of Y2’s power harassment and held Y1 liable as an employer. However, it dismissed the plaintiffs’ claim for confirmation of employment status, ruling that the refusal of direct employment was based on reasonable grounds. This article is based on an analysis of the court judgment published in Rōdō Hanrei (Labor Law Case Reports), Issue No. 1313.
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