The state of workers’ compensation for work-related accident involving mental illness is reported every year; however, the number of work-related accident claims involving illness reaches a new record high each year with 2,346 cases in 2021 (an increase of 295 cases from the previous year), and in fact, the number of cases of recognized work-related accident was 509 in 2019, 608 in 2020, and 629 in 2021, indicating a recognition rate of 24.7%–26.8%, and the serious situation is continuing. Based on the considerations that result in the recognition of work-related psychogenic mental illness, the then Ministry of Labour (currently the Ministry of Health, Labour, and Welfare) published guidelines for determining whether mental illness owing to psychological stress is caused on- or off-duty (guidelines for determining recognition of work-related accident) in September 1999, and standards for recognizing mental illness caused by psychological stress in December 2011. Examples of litigation cases associated with each of the guidelines and standards for recognizing work-related accidents are presented. Furthermore, as of December 2019, review meetings have been held with regard to the standards for recognizing work-related accidents, and the as act of “power harassment” was newly established (classified) in the workplace psychological stress evaluation list (notification no. 0529, article 1-2) as an independent event from “interpersonal relationships” in May 2020. The same review committee has been in session since December 2021, where they have been revising the standards for recognizing work-related accident, including the approach to medical treatment for mental illness following recognition of a work-related accident, and we herein provide an overview of the standards.

View full abstract

In Japan, the Industrial Accident Compensation Insurance Act was revised in March 2020. Under this revision, in the event that a person working a side job or multiple jobs suffers an accident at work, the amount of insurance benefits can be calculated based on the total amount of wages paid at all workplaces (aggregation of wages) and in the event that such a person develops a brain or heart disease or mental illness, a workers’ accident can be recognized based on the total load imposed at all workplaces (aggregation of loads). This paper clarifies the significance of this revision and future issues by comparing the workers’ compensation insurance systems in Germany, France, and the U.S.

View full abstract

Health issues in the workplace have become increasingly diverse and complex with social and economic changes. The implementation of occupational health management in small and medium-sized enterprises (SMEs) is insufficient, and the performance gap is widening between SMEs and large companies. It is urgently necessary to activate and raise the level of occupational health management in SMEs, which employ a large share of workers. The Ministry of Health, Labor and Welfare of Japan is considering feasible and practical measures for this purpose.

View full abstract

Since the year before last, companies have introduced telework as an emergency measure due to COVID-19. Currently, while the number of infected people has been suppressed to a certain extent, there is a swing back from telework to conventional work styles. However, some companies are also taking advanced measures such as making telework a regular form of work. Under these circumstances, this symposium aims to position telework as one of the sustainable ways of working in the future, and to examine the problems in establishing it.

View full abstract

Issues to be addressed for the establishment of teleworking were summarized and countermeasures were discussed at the conference from the standpoint of an occupational health professional. After a comprehensive presentation by an occupational physician on health problems caused by teleworking and issues related to their management, a cooperating public health nurse presented a case study from a company and touched on questions from a legal perspective that arise in the workplace. After the report at the conference, specific measures for cooperation with family members were discussed as examples of countermeasures, and the use of the “Worker Fatigue Accumulation Level Checklist by Family Members (Telecommuting Version)” was proposed.

View full abstract

Employers must cover their employees, including those working at home, with workers’ compensation insurance under the Labor Standards Act. At present, the competent authority has not yet released criteria for the recognition of accidents in the course of employment while working at home. There is also no accumulation of judgments rendered by the labor standard inspection bodies and courts regarding this matter. Thus, we should consider various topics, including the interpretation of injuries and diseases in the course of employment and personal activities while working at home. This paper examines injuries and diseases in the course of employment that occurred while working at home, regarding a teleworking guideline and other resources, and suggests preventive measures.

View full abstract

An increasing number of companies offer remote work to prevent the spread of COVID-19. Speakers in the session suggested that, from the physicians’ viewpoint, a hybrid work scheme combining remote work and in-office work is desirable to support employees’ mental health. They also discussed the return-to-work process practicable for workers with mental health issues who cannot come to the office due to illness but may work at home. If the office allows remote work, it may be the first step for the employee to return to work. If duties performed via remote working are the same as those described in their employment contract, it is beneficial to develop a fitness for work assessment and support system for employees planning to return to home-based work. Moreover, some speakers confirmed that, in the case where the duties described in the employment contracts can be peformed only through remote work, returning to work through remote working is also appropriate in terms of reasonable accommodation

View full abstract

For those working at home during the COVID-19 pandemic, a kind of daily life that can be called a“ work-life mix” has arrived. Weakening of communication, disruption of life rhythm, and long working hours are regarded as problems as factors affecting mental health. In addition, when employees who have taken leave due to mental health problems return to work remotely, and when deciding whether to apply home or remote work according to the illness, it will be necessary to perform multi-axis evaluations including the perspectives of caseness and illness.

View full abstract

The purpose of this paper is to examine legal issues concerning the judgement of returning to telework for people with mental health problems. First, through the analysis of judicial precedents, if employees with mental health problems offer returning to telework, the possibilities of reinstatement should be judged in view of the circumstances of employees and employers. In doing so, an employer’s excessive burden should consider the size of the business, the employee’s job and the cost of introducing telework, etc. Then, when employees with mental health problems take up work again via telework, working conditions may legally adjust to telework.

View full abstract

A revision of the Act to Facilitate the Employment of Persons with Disabilities in 2013 prohibits discrimination against persons with disabilities and requires employers to provide reasonable accommodation for such individuals. Although government guidelines and other announcements were provided around the enforcement of the revised Act, sufficient legal interpretation has yet to be built on the prohibition of discrimination against and the requirement of reasonable accommodation of persons with disabilities. This paper aims to clarify how provisions, such as the requirement to provide reasonable accommodation, are interpreted in legal contexts and what actions employers, physicians, supporters, and others should take. The paper also describes court cases involving the employment of people with disabilities.

View full abstract

The statistics of the Ministry of Health, Labor and Welfare of Japan in 2021 showed a stable increase in the number of employees with disabilities in the private sector, reaching the highest for 18 consecutive years. A positive response from private enterprises to the revised Act to Facilitate the Employment of Persons with Disabilities has led to an increasing number of employees with disabilities. The Act to Facilitate the Employment of Persons with Disabilities that was revised in 2013 requires the private sector to provide reasonable accommodation for persons with disabilities. In principle, reasonable accommodation is provided by mutual agreement between an applicant employee and a provider or employer at the employee’s request. In reality, however, a lack of awareness on the part of either the employee or employer prevents a mutual agreement. In addition, accommodation for persons with mental disorders considerably varies from case to case, and the preceding cases are not always applicable to the present case. As an HR professional, the author examines employment promotion and laws for persons with mental disorders, focusing on reasonable accommodation.

View full abstract

Not all clinical psychiatrists are familiar with the concept of reasonable accommodation. In my experience as an attending physician, symptoms are sometimes classified as a “gain from illness” type. In this case, patients become more uncomfortable at work, increasing the risk that their illness will reoccur. Clinical psychiatrists should determine the fitness of patients for work and have an awareness and attitude to find a way to help patients demonstrate their ability and increase productivity.

View full abstract

This paper describes the legal system for promoting the employment of persons with mental disorders. It outlines the relevant matters, including the definition of persons with mental disorders under the Act to Facilitate the Employment of Persons with Disabilities, the status of persons with mental disorders under the employment quota system, and the provision of reasonable accommodation for them.

View full abstract

Employment promotion for persons with mental disorders in Japan has been carried out mainly through training, such as vocational rehabilitation and employment support services for persons with disorders. It is not long since persons with mental disorders have come to be recognized as valuable employees, and existing knowledge is still inadequate concerning reasonable accommodation under the Act for Eliminating Discrimination against Persons with Disabilities. In this paper, the author examines the concept of reasonable accommodation for persons with mental disorders based on actual cases from the standpoint of a mental health social worker who protects their rights and supports their lives.

View full abstract

Regarding the acquisition, use and protection of health information in the workplace, there are many issues such as the sensitivity of health-related information and the relationship with the obligation to consider safety. We must also pay attention to new issues that many affect occupational health workplaces as a result of advances in medical technology and information technology. At present, although it is difficult to imagine that businesses will actively obtain genetic test information on workers, the concept of genetic information may include findings that suggest hereditary diseases and family history in addition to the results of genetic tests, and situatiorelated information is handled in the workplace can be envisioned. Many legal issues exist, such as concerns about discrimination and disadvantageous treatment based on genetic information in the workplace, and conversely, expectations for utilization that contributes to the health promotion of workers. In the symposium, genetic information was taken up in the context of health information, and discussions will proceed while considering the connection to universal issues as well as unique issues. Therefore, using virtual cases of hereditary tumors that may become a reality in the workplace in the near future, we organized issues from the viewpoint of administration, industry health, law, genetic counseling, ethics, etc., focusing on the information handling and response. After the presentation and designated remarks, a general discussion was held. Through this symposium, present status reports and problems were pointed out from each speaker’s expertise and standpoint, and future issues were shared.ns in which such highly sensitive health-

View full abstract

Advances in genomics have led to the research, development and implementation of personalised medicine. In order to balance the protection of individual rights and the enjoyment of the benefits of genome science, it is necessary to formulate rules for the handling of genetic information, particularly in the workplace. This article shares the current situation in Japan and describes a hypothetical case study dealing with a worker with a genetic predisposition to cancer.

View full abstract

We discussed health related information such as genetic information in the workplace from the viewpoint of industrial physicians. When the information“ there is a mutation in the XX gene,” is conveyed, literacy differs among the people who deal with this information in the workplace, leading to different thinking and understanding. In the worst case, it could make the relevant person subject to prejudice and discrimination. At present, the issue of genetic information requires “translation” by industrial physicians based on consultation with experts, and we conclude that it would come down to whether or not the translation would be “convincing.”

View full abstract

Along with innovations in technology for analysis of genetic information and expanding availability of genetic test, it is anticipated that, in the near future, employers will face issues on handling of employees’ genetic information. This article proposes an essay on the points below through consideration on a hypothetical case of a hereditary tumor: (1) legal rules and practical viewpoints on reception, internal sharing and use of employees’ genetic information, from perspectives of both information law and employment law; (2) unique aspects on the duty to secure an employee’s safety based on their genetic information; and (3) limitation on personnel decisions that consider an employee’s genetic information.

View full abstract

Hereditary breast and ovarian cancer (HBOC) is an inherited breast and ovarian cancer susceptibility disorder caused by pathogenic germline variants in BRCA1 or BRCA2. To promote personalized medicine, the individual genomic results are returned to the Tohoku Medical Megabank cohort participants carrying the BRCA1/2 pathogenic variant.

View full abstract

The handling of individuals’ genetic information is of particular concern in the fields of insurance and employment. For example, in the United States, the Genetic Information Nondiscrimination Act (GINA) was enacted, and the dismissal of people who had not yet developed a hereditary tumor was considered unfair. There are cases of lawsuits. In Japan, where there are no laws and regulations, cancer patients and their families are strongly demanding a law to prevent them from being placed at a disadvantage. Now is the time to specially consider the measures to be taken, taking into account the limitations and issues of other countries’ approaches.

View full abstract

To prepare for future outbreaks of emerging infectious diseases, a symposium was held on the theme of Emerging Infectious Diseases Control and Law, at which inadequacies in current laws and regulations and necessary improvements were reviewed. Occupational healthcare professionals and legal professionals who are familiar with related laws and regulations in Japan and other countries were invited to discuss the current laws related to emerging infectious diseases, the evaluation and problems of measures to control contagious diseases taken during the pandemic of these diseases including COVID-19, and the future of these measures. This paper reports the details of the discussion and findings.

View full abstract

Measures against infectious diseases in Japan have been implemented through soft law, which seeks voluntary cooperation from the people, in contrast to the legally binding restrictions in England, Germany, and France. Under these circumstances, we face various problems, including bullying, prejudice, and social discrimination against essential workers, who have to work while facing a high risk of infection, and labor-management issues. To deal with these problems, guidelines are required.

View full abstract

Occupational physicians control infectious diseases in workplaces. However, the Medical Service Act in Japan does not assume that physicians provide medical practices, like vaccination, outside of hospitals. Occupational physicians should implement legally appropriate and medically effective strategies for infectious disease control in workplaces.

View full abstract

This paper aims to draw some implications by reviewing labor law issues in Germany involving infection control measures, including vaccination at the workplace. Under the occupational health and safety regulations in Germany, vaccination is, in the first place, a right of workers. It is difficult to mandate vaccination for workers by applying the occupational health and safety regulations and autonomous labor-management rules, such as collective labor agreements, workplace agreements, and labor contracts. This paper also examines aspects of interpreting related labor laws, regulations, and contracts concerning the applicability of teleworking and face masks in the workplace.

View full abstract

This paper aims to clarify some features about policy measures for combating infectious diseases in England by focusing on its vaccination policy in cases of labour relations. Since there has already been a legal case concerning whether it is possible for an employer to mandate workers to vaccinate (the Allette case), this paper mainly discusses the judgement of that case. This paper also suggests that the country is characterized by an emphasis on the fulfillment of employers’ risk assessment obligations and consensus building through consultations with workers.

View full abstract

The purpose of this paper is to outline the features of combating emerging infectious disease in occupational fields and the discussion about the Act on the Prevention of Infectious Diseases （IfSG） in Germany, especially the duty to give proof of having immunity to Covid-19 relevant to employees working at particular facilities and companies. From the consideration of German law, the following suggestions were obtained regarding the measures of preventing an emerging infectious disease in Japan. First, vaccination duty can be justified according to the risks if people have an infection. Second, public organizations are to be involved in the measures of preventing an emerging infectious disease in occupational field. Finally, we have to consider what effect the obligations under public law have on the labor contract relationship.

View full abstract

This paper focuses on preventive measures against infectious diseases taken in France, especially issues surrounding the compulsory COVID-19 vaccination. In France, a law on health crisis management was enacted on August 5 of 2021, which requires healthcare professionals to be vaccinated against COVID-19. If workers refuse to do so, their employment contract will be suspended. The suspension with no payment of remuneration is said to aim at boosting the vaccination rate.

View full abstract

The aim of this symposium session was to consider the implications and the scope of applicability of the Supreme Court judgment on May 17, 2021, ruling on a construction asbestos lawsuit (Kanagawa first party). The session also discussed the future issues of chemical substance management. First, legal scholars and technical professionals who have worked with chemical management in the field gave presentations. Then, a discussion took place on the adequacy of the reasoning of the Supreme Court and its impact and the necessity of improving experts qualitatively and quantitatively to support autonomous management of chemical substances.

View full abstract

This paper clarifies the content and significance of the Supreme Court decision (May 17, 2021) that recognized the government’s liability for damages caused by Asbestos to construction workers. In response to this Supreme Court decision, the Ministry of Health, Labor and Welfare revised the Industrial Safety and Health Regulations on April 15, 2022. By introducing the revised content, I will consider how health and safety for the self-employed should be implemented.

View full abstract

In relation to the liability of building material manufacturers in lawsuits about asbestos from construction, the Supreme Court has made a new law in relation to Liability of Joint Tortfeasors by presenting a legal principle on the analogical application of the second sentence of Article 719(1) of the Civil Code. This paper presents an overview of this Supreme Court’s decision and examines the evaluation of academic theories surrounding this decision.

View full abstract

The government has publicized its intent to convert chemical substance management, which was conventionally based on compliance with laws and regulations, to self-directed management. Employers will be responsible for conducting risk assessment and risk management, and for protecting workers at their own discretion. In order to prevent disasters such as that caused by the use of asbestos in construction, employers, as well as the occupational health professionals who support them, should change their mindset from the past, have a strong conviction to ensure safety and health, adhere to a law-abiding awareness and ethics, and nurture experts for chemical management.

View full abstract

Since the concepts of human resources and human capital are common in society, it is increasingly important to treat employees not only as a labor force but also as valuable management resources that form a part of the corporate body. Assuming employees are human capital or people to be invested in, employers should ensure employee well-being through successful labor management, focusing on the value of dialogue. From this standpoint, in this labor and social security attorney association collaboration symposium, we discussed “work rules to create a healthy and safe workplace.”

View full abstract

This second session in the symposium series explores some of the controversial stress factors that were or were not recognized by the courts as overloading or illegal. Participants from various occupational sectors discuss these factors and the problem-solving measures. The second session focused on the (NEC) case involving the Chief of the Mita Labor Standards Inspection Office (Tokyo High Court decision, Case No.2018 (Gyo-Ko) 312, October 21, 2019). In addition, participants gave presentations about the criteria for recognizing mental disorders and determining causality by the courts from the standpoints of a psychiatrist and industrial physician.

View full abstract

The national government is currently considering a revision of the Standards for Recognition of Mental Disorders due to the Intense Psychological Burden (Labour Standards Notice No.1226 Article 1, dated December 26, 2011). The judgment, in this case, is a Tokyo High Court decision that recognized occupational causality by amending the standards for recognition of the deterioration of subject diseases that have been an issue for consideration. This paper examines why the court recognized occupational causality without any specific event and the scope of applicability, and reviews various matters from an occupational health point of view.

View full abstract

A symposium was held with the objective of raising and discussing legal issues regarding medical treatment and work-balance support, which is promoted as one of the reforms of working practice. The present symposium mainly focused on the issues on this support in the medical field, especially written opinions for worker’s reinstatement as well as legal problems regarding safety consideration responsibilities and reasonable accommodation on the corporate side. Afterwards, discussions were held, where the participants in the symposium answered questions from the facilitator and venue members.

View full abstract

This paper reports the practice and problems of support for balancing work and treatment for cancer patients. The issues to be addressed in the future regarding support for balancing work and treatment for cancer patients were as follows: 1) Effective use of the royalty for guidance on balancing treatment and work for cancer patients on various medical institutions; 2) Support for balancing work and treatment for the recurrence or progression of cancer.

View full abstract

In this mock trial, professional views and comments were provided by an employee’s attorney, employee’s physician, company’s attorney, industrial physician, and lead commentator (industrial physician) regarding the pros and cons of online consultation, appropriateness of the company’s response, the employee’s non-cooperative attitude to occupational rehabilitation, and other matters. Participants found potential differences between legal and medical approaches and thoughts for the mock trial case. However, regardless of their position, they agreed that collaboration between legal and medical professionals in practical matters might lead to better occupational health practice.

View full abstract

This paper described and examined the case of Hokkaido Research Institute for the Twenty-first Century Co., Ltd and others (Sapporo High Court; Judgment on December 19, 2019). In this case, a plaintiff in the first instance (X), employed by a defendant in the first instance (Y1 Company) as a chief researcher, developed depression after X worked overtime exceeding 100 hours a month, four times a year. After the condition was recognized as a labor accident in January 2014, X asserted that Y1 Company had breached its duty of care and claimed damages against it. In addition, X demanded compensation against Y1 Company and an X’s direct supervisor (Y2), asserting that improper labor management of Y1 Company and harassment and other acts by Y2 were torts against X. In the first instance, the court recognized a causal link between work and X’s depressive symptoms. Concerning these torts committed by Y1 Company and Y2, the court recognized unfair pay cuts and a forced resignation, determining that a breach of the duty of care was found only in the coercion of resignation.

View full abstract

The Japanese Government has established the 14th Occupational Safety & Health Program. This five-year program, starting from FY2023, sets goals and priority activities for the government, employers, workers, and other relevant parties, aiming to realize a society where health and safety are assured for all workers regardless of work conditions, including employment pattern, age, the scale of the workplace such as small- and medium-sized enterprises, so that individuals with different work styles can demonstrate their maximum potential. This paper introduces an outline of this program.

View full abstract