Request for accident prevention of performing arts workers Ministry of Health, Labor and Welfare
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We asked the production manager to establish a responsibility system for safety and health, such as by selecting a person in charge, and to implement safety and health education.
The Ministry of Health, Labor and Welfare has requested related organizations under the joint name of the Agency for Cultural Affairs and the Ministry of Economy, Trade and Industry to thoroughly implement accident prevention measures during work for entertainment workers ... → Continue reading
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Safety and health educationWhat is (Anzen Eisei Iku)?Industrial accidentTo preventWorkerThis refers to the education provided to provide knowledge about safety and health necessary for employment..Industrial Safety and Health ActIt is stipulated based on laws and regulations such as.
In order to prevent occupational accidents, it is necessary not only to use machines and equipment in a safe condition, but also to provide appropriate education to workers who use them.The situation at the site is constantly changing, and people who are unfamiliar with the work may come in or may not be able to take appropriate actions in the event of an emergency.Regarding safety and health education for workers, those that are required by law and individualBusinessAlthough there are some that are carried out at their own discretion and the target is enormous, this article mainly describes legal safety and health education.
- Regarding the Industrial Safety and Health Act, only the number of articles is described below.
Safety and health education needs to be systematically and systematically implemented at each business site, but the Industrial Safety and Health Act generally requires each business operator to formulate such a plan. Absent.However, the formulation of an implementation plan for health and safety educationSafety Committee-Hygiene CommitteeIt is a matter of investigation and deliberation (Articles 17 and 18), and it is natural that such a plan should be formulated at the business establishment where the committee is functioning normally.In addition, designated business establishment (Rule Article 4, Paragraph 1, Item 3) or jurisdictionPrefectural Labor BureauFor business establishments designated by the head in consideration of the incidence of occupational accidents, a concrete plan for safety and health education based on Articles 59 and 60 must be prepared, and from April 4st to the following year. The results of the implementation conducted by March 1 are subject to jurisdiction by April 3 every year.Labor Standards Inspection OfficeMust be reported to the Chief (Rule 40-3).
Safety and health educationworking timeRegarding the relationship between the two, the safety and health education in Articles 59 and 60 must be carried out at the responsibility of the employer in order to prevent occupational accidents when the worker engages in the work. Therefore, regarding health and safety educationAs a general rule, do it within the prescribed working hoursThat (September 47, 9, No. 18).
In addition, the time required to implement safety and health education is understood to be working hours, so if the education is conducted outside the legal hours, it is natural.Premium wageMust be paid.In addition, regarding the special education in Article 59, Paragraph 3 or the foreman education in Article 60 outside the company, the business operator should bear the training fees, training travel expenses, etc. based on this law. (September 47, 9, No. 18).This is just in case, because it is common to dispatch the relevant workers to an education / training implementation organization outside the company, such as the District Labor Standards Association, for these educations. All statutory safety and health education, including those conducted within the company, must be carried out at the expense of the business operator, as long as it is carried out at the responsibility of the business operator. It is natural not to be.
Employers shall comply with the Industrial Safety and Health Act, etc.Foreign workerIn implementing safety and health education forMother tongueUse a method that allows the foreign worker to understand the contents, such as using audiovisual materials.In particular, pay attention to ensure that the dangers or hazards of raw materials, such as machines used by foreign workers, and how to handle them are understood (“Business related to improving employment management of foreign workers, etc.” Guidelines for the Lord to take appropriate measures ”(19 Ministry of Health, Labor and Welfare Notification No. 276, final revision March 31, 3 Ministry of Health, Labor and Welfare Notification No. 29).The specific measures are as follows (January 106, 3, No. 1).
- Risk AssessmentImplementation of
- When conducting a risk assessment of the dangers or hazards caused by machinery, equipment, raw materials, working environment, working methods, etc. regarding work involving foreign workers, it is generally for foreign workers to use Japan. Identify and estimate risks based on the fact that it is difficult to understand the work standards displayed in words.Based on the results of the risk assessment, take measures such as reviewing machinery and equipment to reduce the risk as necessary, and then organize the contents of safety and health education to be implemented for foreign workers. ..
- Preparation for health and safety education
- Obtain and maintain teaching materials suitable for the contents of safety and health education organized above, such as teaching materials translated into the native language and audiovisual teaching materials.As a teaching materialMinistry of Health, Labor and WelfareIn addition to the materials posted on the website, a public interest incorporated foundationJapan International Training Cooperation Organization,Organization for Technical Intern Training for Foreigners, It is considered that resources such as general incorporated foundations can be utilized.
- Implementation and follow-up of health and safety education
- Understand the level of understanding of Japanese by foreign workers, and use audiovisual materials to educate them on cues, signs, notices, and displays.In addition, under the supervision of the person in charge of health and safety education, workers who are good at Japanese who can speak the same language as the foreign worker (bosses and senior workers from the same country / region as the foreign worker, etc.) ) ToInterpreterIt is desirable to request an assistant for education and education.Furthermore, it is desirable to continue the education while confirming the degree of understanding of safety and health education.
- Implementation of Japanese language education, etc. to prevent occupational accidents
- Strive to acquire necessary Japanese language and basic cues so that foreign workers can understand instructions and alerts for preventing occupational accidents.
- Dissemination of related laws and regulations such as the Industrial Safety and Health Act
- Disseminate the contents of relevant laws and regulations, such as the Industrial Safety and Health Act.At that time, make efforts to give necessary consideration to promote the understanding of foreign workers, such as using materials that foreign workers can understand.in particular,Health examination stipulated in the Industrial Safety and Health Act, etc.,Interview guidanceas well as the Examination to understand the degree of psychological burdenRegarding the implementation of, try to explain these purposes, needs, etc. in a way that the foreign worker can understand.
- Points to note in industries where dispatched labor is permitted
- In order to provide safety and health education to dispatched workers with the necessary and sufficient content and time, it is desirable that the dispatching business establishment and the dispatching business establishment sufficiently communicate and coordinate.When dispatched labor is carried out, it is the responsibility of the dispatching business operator to provide training for foreign workers who are dispatched workers at the time of hiring.When entrusting the implementation of safety and health education at the time of hiring to the dispatched company in consultation with the dispatched company, the dispatching company receives a report from the dispatched company and informs the implementation status of the safety and health education. To confirm.In addition, when implementing the education, pay attention to the safety and health situation at the dispatched place.Specified skillsAs a general rule, foreign workersDirect employmentHowever, it should be noted that the dispatch of workers is permitted in the fields of agriculture and fisheries.
General health and safety education
Article 59 (Health and Safety Education)
- When a business operator hires a worker, he / she shall provide the worker with education for safety or hygiene regarding the work he / she engages in, pursuant to the provisions of the Ordinance of the Ministry of Health, Labor and Welfare.
- The provisions of the preceding paragraph shall apply mutatis mutandis when the work contents of workers are changed.
- When a business operator sends a worker to a dangerous or harmful work specified by the Ordinance of the Ministry of Health, Labor and Welfare, he / she must provide special education for safety or hygiene related to the work in accordance with the Ordinance of the Ministry of Health, Labor and Welfare. It doesn't become.
Education at the time of hiring
When a business operator hires a worker, he / she must educate the worker without delay on the following matters necessary for safety or hygiene regarding the work in which the worker is engaged. (Article 59, Paragraph 1, Rule 35, Paragraph 1).Temporary workerabout,Dispatch originMust be carried out.1947(Showa 22) EnforcementLabor Standards ActStipulated in Article 50,1972It was transferred to the Industrial Safety and Health Act when it came into effect (47).
- Thing about danger or harmfulness of machine, raw materials, etc. and how to handle them.
- Thing about performance of safety device, hazardous substance control device or protective equipment and how to handle these.
- Thing about work procedure.
- Thing about inspection at the start of work.
- Thing about cause and prevention of illness that may occur about the business concerned.
- Thing about arrangement, order and maintenance of cleanliness.
- Thing about emergency measures and evacuation in case of accident.
- In addition to the items listed in the preceding items, matters necessary for safety or hygiene related to the business concerned.
Industries listed in Article 2 of the Enforcement Ordinance (General safety and health managerを選任すべき事業場のうち「その他の業種」とされている業種）の事業場の労働者については、1.~4.の事項についての教育を省略することができる（規則第35条1項但書）。もっともこの場合であっても、8.によって「必要な事項」の教育は行わなければならないため、必要事項が教育対象から漏れることはない。また8.の規定は第3条1項（事業者の責務）や第28条の2（事業者の行うべき調査等）にも通ずる包括的な規定であり、そういう意味ではこの安全衛生教育の義務は、事業者が負う労働災害防止義務の中でも最も広範囲なもの一つである.
The employer may omit education on such matters for workers who are recognized as having sufficient knowledge and skills regarding all or part of the matters listed above (Rule 35, Paragraph 2). ).
The education in small and medium-sized enterprises, etc., where the implementation system of education at the time of hiring is not sufficient, shall be promoted mainly by the parent company or the original business operator for the business establishments belonging to the affiliated off-site subcontractors and the on-site subcontractors. , In implementing it, make use of trainers who have completed the RST course.Industrial park,Business cooperativeFor those who are difficult to carry out the education by themselves, those who are in charge of the education belonging to the group (SME Safety and Health Instructor) To jointly implement the education.In addition, practical training will be provided to the instructors as necessary (“Matters to be noted in promoting safety and health education”, March 59, 3, No. 26).
Education when changing work content
"When the work content is changed" means when the work is changed to a different work or when there is a significant change in the work equipment, work method, etc., and it does not include when there is a minor change in these. (September 47, 9, No. 18).
When a worker switches to a different work, or when there is a significant change in work equipment or work method, the conditions are the same as when a worker is hired from the viewpoint of ensuring the safety and health of the worker. From the placeIn such cases, safety and health education similar to that at the time of hiring must be provided (Article 59, Paragraph 2, Rule 35, Paragraph 1).This regulation is oldLabor Standards ActIt was newly established when the Industrial Safety and Health Act was enacted.For dispatched workers, unlike education at the time of hiring,Both dispatch source and dispatch destinationMust be done (Worker dispatch lawArticle 45).
Those who violate the provisions of Article 59, Paragraphs 1 and 2 are 50 yen or less.fine(Article 120).
Special health and safety education
According to the Industrial Safety and Health ActHazardous workAs employment qualifications required to hire workers in Japan, in descending order of risklicenseAcquirer →Skill trainingThose who have completed the course → Those who have completed special education are graded..Article 59, paragraph 3 can be said to be the first step.For dispatched workers, unlike general education,Dispatch destinationMust be implemented (Article 45 of the Worker Dispatching Act).
"Dangerous or harmful work specified by the Ordinance of the Ministry of Health, Labor and Welfare" in Article 59, Paragraph 3 is currently defined as 36 work in Article 58 of the Regulations.Regarding educational matters and educational hours in special education,Minister of Health, Labour and Welfare(Article 39 of the Regulations), and notifications are issued for each business.
The employer may omit special education for a special education subject for workers who are recognized as having sufficient knowledge and skills in all or part of the special education subject (Rule 37). ).When a special education is provided, the business operator must create a record of the participants, subjects, etc. of the special education and keep it for 3 years (Rule 38).
Persons who violate the provisions of Article 59, Paragraph 3 shall be in June or less.ImprisonmentAlternatively, a fine of up to 50 yen will be imposed (Article 119).
- When the type of business of the place of business falls under the one specified by a Cabinet Order, the business operator will take on a new job.ForemanA person who directly guides or supervises other working workers (Work chiefexcept for. ), The following matters shall be educated for safety or hygiene pursuant to the provisions of the Ordinance of the Ministry of Health, Labor and Welfare.
- Thing about decision of work method and placement of worker.
- Thing about method of guidance or supervision to worker.
- In addition to the items listed in the preceding two items, items necessary to prevent occupational accidents and specified by the Ordinance of the Ministry of Health, Labor and Welfare.
The "business specified by Cabinet Order" referred to in Article 60 is as follows (Article 19 of the Enforcement Ordinance).At these business establishments, the employer directly supervises or supervises the foreman and other workers who are newly hired, and there are certain occupational accident prevention activities that should be carried out as on-site supervisors. Safety or hygiene education on the above matters must be conducted for a certain period of time or longer.This provision was added when the Industrial Safety and Health Act was enacted, considering that the position of the foreman in the production process occupies an important position like a fan in ensuring the safety and hygiene of workers. It is provided in.
- Construction industry
- Manufacturing industry(Excluding the following)
- Groceriesた ば こManufacturing industry (Umami seasoning(Excluding manufacturing industry and animal and vegetable fat manufacturing industry)
- fiberIndustry (spinning(Excluding business and dyeing and rearranging business)
- Garment and other textile manufacturing industry
- Paper processed product manufacturing industry (cellophaneExcludes manufacturing industry. )
- News (Chinese)Work,PublicationIndustry, bookbinding and printed matter processing
- AutomobileMaintenance industry
- Machine repair business
Foreman education shall be conducted for the following matters for at least the time listed in each (Rule Article 40, Paragraphs 1 and 2).It is required to take the course when taking the job for the first time, and to provide education (re-education) based on the ability improvement education approximately every 5 years or when there is a significant change in machinery and equipment (January 3, 1). Nikki No. 21)..In addition, the business operator may omit the education on the relevant matters for those who are recognized as having sufficient knowledge and skills on all or part of each educational matter (Rule Article 40, Paragraph 3).。3.については、2006年（平成18年）4月の改正法施行により、リスクアセスメントに関する規定（第28条の2）が設けられたことに伴い新たに付け加えられたものである（平成18年2月24日基発第0224003号）。
- Thing about decision of work method and placement of worker (2 hours).
- How to determine the work procedure
- How to properly place workers
- Thing about method of guidance or supervision to worker (2.5 hours).
- Guidance and education methods
- Method of supervision and instruction during work
- Thing about investigation such as danger or harmfulness and measures to take based on the result (4 hours).
- Method of investigating danger or harmfulness
- Measures to be taken based on the results of investigations on hazards or hazards
- Specific improvement methods for equipment, work, etc.
- Thing about measures in case of abnormality, disaster (1.5 hours).
- Measures in case of abnormality
- Measures in the event of a disaster
- Other matters related to occupational accident prevention activities that should be carried out as a site supervisor (2 hours).
- Method of maintenance and management of equipment and work place related to work
- How to retain interest in preventing occupational accidents and draw out the ingenuity of workers
Foreman education is to be conducted according to the following procedure.In principle, foreman education is conducted continuously for the time stipulated in Article 40 of the Regulations, but if it is unavoidable, it may be divided and implemented within a certain period that does not last for a long period of time (. September 47, 9, No. 18-601).
- As a general rule, the method of education should be a discussion method.
- The instructor should have the necessary knowledge and experience regarding educational matters.
- One credit should be for up to 15 students.
In Article 60, "excluding the work chief" means that the work chief is generally a person who, like the foreman, is in a position to directly instruct or supervise the workers who are working, but has completed a license or skill training. It is required to have the qualification, which is considered to be equal to or better than the knowledge and skills required for foreman education, so the necessary legal adjustments are made in Article 60...No penalties have been set for those who violate the provisions of Article 60.
Regarding 2-1 "Methods of guidance and education", the foreman said "8 Principles of Guidance and EducationIt is essential to carry out education based on.
- From the other person's point of view-Teach according to the ability of the educator, not at the pace or way of thinking of the teacher.
- Motivation is important-do not impose too much, explain why you do such things, what kind of effect it will have, and sometimes make the other person think, and motivate yourself.
- From easy to difficult --- Gradually improve the content to be taught according to the level that the other person can understand and learn.
- One thing at a time-humans can't learn and learn many things at once. If you teach one thing at a time, the other person can easily understand it.
- Iterate-it's important to be patient and tell, show, and do it over and over again.
- Connect it to familiar cases and make a strong impression-In abstract and ideological stories, it is often impossible to do it when it comes to work, even if you know it when you hear it.It is important to give a strong impression by quoting familiar disaster cases and improvement cases.
- five senses-Use the sensory functions of the five senses to improve the educational effect.The percentage of external stimuli that the five senses receive isVisual75%,Hearing13%,Tactile sense7%,Sense of smell3%,tasteIt is said to be 2%.
- Tell me the reason for the procedure and the key point-I forget why it is the key point of the procedure unless I understand the reason well.Understand that it is an important point not only in terms of safety and health but also in terms of productivity and quality.
Education for new entrants to construction sites
Rule 642-3 (Provision of materials for publicity, etc.)
- Do business belonging to the construction industrySpecified principal business operatorIs the worker and the relationshipContractWhen the work of a human worker is performed in the same place, the situation of the place (including the situation of the place where there is a risk of danger to the worker. The same shall apply hereinafter in this Article), the work performed in the place. In order to contribute to disseminating information about mutual relationships, etc. to the workers who are newly engaged in work at the place, the relevant contractors are informed. Measures must be taken, such as providing a place for planning and providing materials used for disseminating the information.Provided, however, that this shall not apply when the specified principal business operator himself / herself informs the workers of the relevant contractor of the situation of the place, the relationship between the works, etc.
This article stipulates that when so-called new entrant education, etc. is conducted, the specified principal business operator should provide assistance such as providing necessary places and materials. Audiovisual equipment is provided in "etc." of "Provision of materials, etc." (August 4, 8, No. 24).
The construction industry has features that are not found in other industries, such as being a single-item order-based industry, being an industry that mainly works outdoors, and being widely seen in construction forms with a multi-layered subcontracting structure.Therefore, in order to grasp the actual image of occupational accidents in the construction industry, it is not possible to analyze accidents due to the characteristics of construction labor only by analysis common to all industries or analysis of the construction industry.As an analysis conducted from this perspective,Hokkaido Labor Standards BureauAccording to an analysis conducted by 1994 in 6, 35% of all fatal accidents in the construction industry in the previous year occurred on the first day of entry to the site, and when 30% of the two days or more and one week or less were added, the total was really total. It became clear that 65% of the cases occurred within a week, and it became clear that the target of occupational accident prevention measures in the construction industry is "measures for first-day visitors to the site"...Education for new visitors to such construction sites is stipulated in Article 642-3 of the Regulations.Specifically, it is necessary to predetermine the content of education, textbooks used, personnel in charge of education, education time, etc. for each of the education sent out by partner companies and the education for new visitors, and steadily implement it..
According to the construction site safety management guideline (April 7, 4, No. 21-267) by the former contractor, the contractor hired the contractor will newly engage in work at the construction site. If this happens, the foreman, etc. will be informed of the following matters based on the characteristics of the construction site before engaging in the work, and the results will be reported to the original business operator.
- The situation of the place where the workers of the original business operator and the related contractors are mixed and work
- Situation of places that pose a danger to workers (hazardous places and restricted areas)
- Relationships between work performed in mixed work areas
- Evacuationthe method of
- CommandCommand system
- Work content in charge and measures to prevent occupational accidents
- Health and safety regulations
- A plan that defines basic policies, goals, and other basic occupational accident prevention measures for construction site safety and health management
- ^ Since the Industrial Safety and Health Act does not distinguish between workers by employment type except for some provisions, the term "worker" in this article is used.Those who are always employedIn addition,Part-time job,Day laborIs also included.
- ^ What is safety and health education?General Incorporated Association Safety and Health Management Association
- ^ "Story of the Industrial Safety and Health Act" p.246
- ^ Partial revision of guidelines for safety and health education for those who are currently engaged in dangerous or harmful workMinistry of Health, Labor and Welfare
- ^ "Story of the Industrial Safety and Health Act" p.247
- ^ "Story of the Industrial Safety and Health Act" p.248
- ^ "Story of the Industrial Safety and Health Act" p.250
- ^ "Story of the Industrial Safety and Health Act" p.251
- ^ Regarding the content of re-education, the Circular states "Matters corresponding to trends in occupational accidents related to the relevant work, socio-economic conditions such as technological innovation, changes in the work environment at business sites, etc."
- ^ Article 40, Paragraph 3 of the Regulations shall apply to all or one of the educational matters for those who have completed the on-site supervisor training course based on the Vocational Training Law and are deemed to have sufficient knowledge and skills regarding the educational matters. The purpose is to allow the omission of the department.If an occupational accident prevention organization, etc. has conducted a course that meets the requirements of this article, and it is clear that the person has taken the course, it may be treated as a person who falls under Article 40, Paragraph 3 of the Regulations. There is something (September 47, 9, No. 18-601).
- ^ "Story of the Industrial Safety and Health Act" p.252
- ^ Teaching and teaching methodsGeneral Incorporated Foundation Small and Medium Construction Industry Special Education Association
- ^ "Story of the Industrial Safety and Health Act" p.252 ~ 254
- ^ Questionnaire on "Ratio of disasters within 7 days of new admission (FY17-19) and countermeasures" and "Countermeasures for the elderly" in the field(One company) Tokyo Construction Industry Association
- ^ Education for new visitorsNikken for rental
- Nobuo HatanakaWritten by "The Story of the Industrial Safety and Health Act [Revised Edition]", New Book on Disaster Prevention, published on May 2006, 5
- Occupational safety and health related licenses, qualifications, skill training, special education, etc. Ministry of Health, Labor and Welfare
- RST courseJapan Industrial Safety & Health Association