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🏛 | To realize a safe and secure workplace / Representative of Hashimoto Social Insurance Labor and Social Security Attorney Office Kazutaka Hashimoto


写真 

To realize a safe and secure workplace / Representative of Hashimoto Social Insurance Labor and Social Security Attorney Office Kazutaka Hashimoto

 
If you write the contents roughly
In a nutshell, the answer is "a workplace with zero occupational accidents and troubles."
 

At the end of March 29, he retired from the Ministry of Health, Labor and Welfare and opened in Narashino City, Chiba Prefecture.As a labor standards inspector at the Ministry of Health, Labor and Welfare ... → Continue reading

 Labor Newspaper

The "Labour Newspaper" delivers the latest information regarding personnel, labor, and health and safety from a neutral standpoint. We will deliver XNUMX to XNUMX daily, focusing on articles on inspections that report each case of violations of laws and regulations related to labor standards, news on work style reforms, carefully selected columns from the perspective of labor and safety.


Wikipedia related words

If there is no explanation, there is no corresponding item on Wikipedia.

Industrial accident

Industrial accident(DisasterBritish: work accident or workplace accident, etc.) IsWorkerHowever, disasters caused by work[1]..WorkersThe laborIn the place (situation) related toACCIDENTOrdiseaseTo be affected.JapanThe abbreviation inLabor accident(Rosai)Workers' compensation insuranceIs called workers' accident compensation insurance[2].

Overview

Occupational accidents in Japan

The first law related to occupational accidents in JapanIndustrial Safety and Health ActIs mentioned.

The definition of occupational accidents in the law is that workers are involved in the work of construction, equipment, raw materials, gas, steam, dust, etc., or due to work behavior or other work.InjuryThen,diseaseOrDeathSay to do (Industrial Safety and Health ActArticle 2).In a broad sense, not only during workCommutingIndisasterIncluding.

In the following, unless otherwise specified, "occupational accident" means occupational accident in a broad sense (unless otherwise specified.Workers Compensation Insurance ActOccupational accidents covered by the Industrial Accident Insurance LawCommuting accident), "Compensation" describes compensation under the Industrial Accident Insurance Law.

Occupational accident related insurance

Number of industrial accidents, statistics

Number of occupational accidents.statistics

Number of occupational accidents reported in 2018[3]Is the following number. (Notification is made to the last,Ministry of Health, Labor and WelfareIs just the number that I could grasp.Since there are many malicious business establishments that do not make notifications, the actual number will increase more than that.)

  • 3 Occurrence of casualties for 4 days or more
  • Occurrence status by industry
    • Manufacturing industry 27,842 people
    • Construction industry 15,374 people
    • Land freight transport business 15,818 people
    • Tertiary industry 60,053 people
  • 3 Occurrence of accidents involving casualties of 4 days or more
    • Fall 31,833 people
    • Crash / fall 21,221 people
    • Reactionary / unreasonable movement 16,958 people

[4]

Responsibility for preventing occupational accidents

Measures to prevent occupational accidentsIndustrial Safety and Health Act,Pneumoconiosis,Working environment measurement methodAnd someHazardous workWork bans and working hours restrictionsLabor Standards Actbased onChild Labor Standards Regulations,Women's Labor Standards RegulationsIt is stipulated in.Also, the general Labor Standards Lawworking timeLegal system also includes brain and heart diseasesDeath from overworkIt serves as a framework for preventing.If there is a violation or significant deviation from these laws and regulations, regardless of whether or not a work-related accident has occurredLabor Standards Inspection OfficeOf course, if there is a violation of laws and regulations,InspectionDoneCriminal liabilityMay be asked.

Responsibility in the event of a work accident

When a work accident occurs, the employer tells the worker about medical expenses and is on leave.wageYou will be liable for compensation for such matters (Labor Standards Law, Articles 75-80).However, if the employer does not have the ability to pay, the affected workers may not be able to make substantial compensation based on the compensation liability stipulated in the Labor Standards Law.Therefore, as a general rule, all business establishments that use workersWorkers' compensation insuranceAs a business covered by (Workers' Accident Compensation Insurance), workers affected by the accident will be provided with workers' accident compensation insurance, and the employer will be exempted from liability for compensation under the Labor Standards Act (Article 84 of the Labor Standards Act).

When certified as an industrial accident,Health insurance-Seafarers insuranceNo benefits will be given.ConventionallyContracting business,InternshiporSilver Human Resource CenterIn 2013, there were cases where members of the company could not receive both health insurance and workers' accident compensation insurance.Health insurance lawEtc. have been amended, and if workers' accident compensation insurance benefits cannot be received, in principle, health insurance benefits will be thoroughly provided.[5].

In addition to liability for compensation under the Labor Standards Law, work accidentsTort-DefaultCivil affairs from disaster-affected workers and bereaved families to business owners for reasons such as (violation of safety consideration obligation)Restitution for DamagesYou may be billed.The employer's obligation to consider safety has always beenCivil lawBased on the provisions ofPrecedentWhere it was established as, it came into effect in 2008Labor contract lawIt was written in.Furthermore, not only business owners but also those who are considered to have caused an occupational accidentPolicemenWas sent after an investigation byCriminal lawupperBusiness negligenceEtc. may be asked.

Definition of occupational accidents

Worker'sBusinessInjury, illness,ObstacleOr deathBusiness accident(Worker Accident Compensation Insurance Law, Article 7, Paragraph 1, Item 1). In order to be certified as a "business accident", it is recognized that the hazards inherent in the business have been realized (Business origin) Is required, and as a premise, the worker is under the control of the employer (Business performance) Must be recognized.When business performance is recognized, it is mainly as follows.

  • Working (including helping the business owner for private use)
  • During work interruption due to physiological actions (feces, drinking water, etc.)
  • Work-related / incidental actions, work preparation / cleanup / waiting
    By going to work to get a job in the facility or leaving work after finishing the jobConnect with "business"The thing is not the business act itself,Post-preparation cleanup that usually accompanies workIs recognized.Therefore, the accident during the act is not recognized as a result of the worker's active private act or arbitrary act, and in addition, if it is a disaster that can occur normally, it is regarded as a work accident (ShowaDecember 50, 12, No. 25).
  • During an emergency in case of an emergency or fire
    If there is an order from the business owner, regardless of whether or not he / she is engaged in the business, when he / she commits an emergency act, he / she will treat it as a business rather than a private act.
    If there is no order from the employer, or if an emergency action is taken while engaged in work, rescue of colleague workers, protection of business establishment facilities, etc.What to do as a worker engaged in the workIs treated as a business rather than a private act.If all of the following requirements are met, it will be treated as a business rather than a private act, regardless of whether or not it should be done as a worker engaged in the business.
    • A disaster that occurs when a worker performs (or tries to do) an emergency act is likely to occur while the worker is engaged in the business of the business in which the worker is used (for example, in the case of a transportation business). (Traffic accident, etc.).
    • It is clear from the content of the training conducted by industry groups, etc. that emergency actions such as rescue actions related to the disaster are required in terms of duties.
    • Emergency actions are required, such as the fact that there is no emergency action nearby, that the disaster was serious and that it was a matter of time that could be life-threatening, and that the victims requested help. It was a situation that was recognized as being done.
    If there is no order from the employer, or if an emergency action is taken while not engaged in business, a worker who is not engaged in business may have a disaster at the workplace or workplace of the business in which it is used. When you are with a colleague worker who is engaged in workWhen starting work that corresponds to the main purpose of the labor contractIt is presumed that the work is a business even when there is no special order (July 21, 7, No. 23).
  • In the business facilityDuring a break
    In general, work-related accidents are not recognized for break-time disasters unless it is proved that they are caused by the situation (defects, etc.) of the business facility (or its management).
  • Business tripMedium (including round trip between residence and business trip destination)
    During a business trip, as long as the business owner is comprehensively responsible for the success or failure of the business and the method of execution, unless there are special circumstances,About the general business trip processIt is practical to see it as a business act.Therefore, even if you move from your home to the nearest station for regular commuting to go directly to a business trip, it will be a work accident rather than a commuting accident (July 34, 7, No. 15).
  • Even while commuting or participating in competitionsThe nature of the business is recognizedWhen
    If the employer uses dedicated transportation for workers' commuting, the accident caused by the use is not a commuting accident but a work accident.
    If you are suddenly called by your place of employment for urgent business, it is considered that you are performing all the work, including the way you leave your home and head to work (January 24, 1, No. 19).
    Temporary workerWith regard to the act of going back and forth between the dispatching business establishment and the dispatching business establishment, if it is due to the business order of the dispatching business owner or the dispatched business owner, the business performance is generally recognized (61). June 6th, No. 30).

For work-related illnesses, welfare laborMinisterial Ordinance(Appendix 1-2 of the Labor Standards Act Enforcement Regulations) Examples are listed in items 1 to 10, and if these are applicable, the illness is treated as being caused by work unless there is special disproof.In addition, in Table 11 of the same table, it is comprehensively stipulated as "other illnesses that are clearly caused by work", and it is between the work and the work.Considerable causalityIt is stipulated that work-related illnesses are individually recognized for diseases that are found to be present, and by this, the claimant can sufficiently prove the considerable causal relationship, and as a result, work-related injuries and illnesses during medical treatment due to work-related accidents ( January 42, 1 (No. 24) and death from overworksuicideHowever, if the cause is found to be under the control of the employer, it can be recognized as a work-related accident.

  • In particular, the relationship between overtime hours and the onset of illness is clearly stated numerically as a certification standard.working timeIs emphasized in length.
    • For brain and heart disease, more than 1 hours a month before the onsetovertime workOr, if there is overtime work exceeding 2 hours a month in 6 to 80 months before the onset, unless the work density is particularly low such as a lot of waiting time.There is a strong relationship between the work and the onset(May 22, 5, No. 7 No. 0507).
    • Depression etc.Mental disorderWith regard to, if you work overtime for more than 1 hours in the month immediately before the onset of illness, or if you work overtime for less than 160 hours, you will have to wait. Engaged in the extremely long working hours, unless the working density is particularly low, such as when there is a lot of timeonlyThe overall evaluation of the psychological load is set to "strong" (A strong psychological burden from work is recognized).If you work overtime for 2 hours or more a month in the two months before the onset, or if the work content usually requires that much working time, the overall evaluation of the psychological burden is "strong". And.In addition, if there is overtime work of 120 hours or more per month in the 6 months before the onset after an event in which the overall evaluation of psychological load is judged to be "medium", the overall evaluation of psychological load is set to "strong". (December 100, 23, No. 12 No. 26).
    • In addition to overtime work that does not reach the above level but is close to thisLoad factors other than working hours(Business with long restraint time, business with many business trips,Inter-working intervalIf short-term work, work with physical burden, etc.) is recognized, these are comprehensively evaluated and certified as an industrial accident (Reiwa September 3, 9rd issue 14 No. 0914).
    • The numbers are just a guide, and even if the numbers do not reach the standard slightly, it is possible that a work-related accident will be recognized.Furthermore, even if the figures are not recognized by the Labor Standards Inspection Office because they do not reach the standards,裁判 所However, there are a number of cases in which certification is made in consideration of various circumstances.

On the other hand, in the case of an accident caused by a worker's active private or arbitrary act, or in the case of an accident caused by a special or exceptional factor that cannot be recognized as a danger due to work, the work-related cause is Not recognized and not recognized as a work accident.For example, an outside social gathering (not under the control of the user) that is not compulsory as a business (Year-end party,Cherry-blossom viewingEtc.), etc. are not included in business accidents, and accidents, etc. on the way back and forth to the social gathering venue are not considered to be commuting accidents in any case.Also, in general, a third partycrimeActs are excluded, but even criminal acts of a third party are covered if the risks inherent in work or commuting are evaluated to have materialized.for example,securityInSecurity guardIs the target when is beaten by a thug.If an acquaintance accidentally kills you at work or on your way to work due to personal grudges, it cannot be said that it is due to work and is excluded.also戦 争,Civil strifeAnd so on.

In the case of special subscribers (excluding overseas dispatched laborers), it is usually difficult to determine the scope of work, etc., so certification is carried out according to the standards set by the Director of the Labor Standards Bureau of the Ministry of Health, Labor and Welfare.Specifically, business performance is not recognized in the following cases.

  • Business owner's original businessWhen doing (General meeting of shareholdersAnd attending board meetings,bankWhen going to get a loan, etc.)
  • Of the construction industrySingle masterWhen repairing your home
  • IndividualTaxiWhen the business person sends the family to a certain place

Definition of commuting accidents

Worker'sBy commutingInjury, illness, disability or deathCommuting accident(Worker Accident Compensation Insurance Law, Article 7, Paragraph 1, Item 2).The employer is not directly responsible for compensation for commuting accidents, but based on the judgment that it is strongly related to work.Showa 48Due to the amendment of the law, the application of workers' accident compensation insurance was approved.

"Commuting"The workerRegarding employmentThe following movementsReasonable route and methodIt means to go back and forth, excluding those with the nature of business.

  1. Round trip between residence and work place
    If it is recognized as a "dwelling" where workers live and use it for their daily lives,Single assignmentThe previous residence is accepted, and moreRebound and continuityIf (generally, if there is a round-trip act or movement more than once a month. The same shall apply hereinafter), both the person who is assigned to work alone and the person who returns home can be recognized as a residence.In addition, it is unavoidable if you temporarily stay at a place other than your normal address due to work circumstances such as long overtime, new assignment, transfer, traffic conditions, force majeure such as natural phenomena, etc. Since it is recognized that the residence has been temporarily relocated for employment (November 1, 48, No. 11).Hotel,hospital, Relatives' homes can also be recognized as residences.Conversely, for example, at a friend's houseMahjongIf you go to work directly from there the next morning, etc., it is not recognized as a "dwelling" because it is not a base for employment.
    "Round trip" means a round trip at a place where an unspecified number of people are scheduled to pass.Therefore, on the premises of the residence orExclusive partThe inside is not the target.For example, an injury caused by a fall at the front door during commuting was not paid due to an accident on private land.
    For dispatched workers, the place where they start or end their work under the direction of the dispatching business owner or the dispatched business owner is the "place of employment".Therefore, the act of going back and forth between the dispatched worker's residence and the dispatching business establishment or the dispatched business establishment is generally commuting (June 61, 6, No. 30).
  2. Moving from a place of employment specified by the Ordinance of the Ministry of Health, Labor and Welfare to another place of employment
    "Place of employment specified by the Ordinance of the Ministry of Health, Labor and Welfare" means the place of employment related to the applicable business / provisional applicable business, the place of employment related to special subscribers (excluding those to whom commuting accidents do not apply), and similar employment. Refers to a place.The specific "place of employment" is not only the place where the original work is performed, but also the customer who returns home directly from the customer, and the company sponsored by all the participants who are treated as commuting.Sports dayThe venue etc. is applicable.If you are an outside worker who is in charge of a specific area and is in charge of several business destinations in the area and travels to and from your home, the first business destination is the place where the work starts and the last business destination is the place where the work ends. It becomes.
    "Other work places" (work places that are the end points of movement) are limited to those that are covered by the commuting accident protection system of the workers' accident compensation insurance.This is because insurance-related processing related to commuting accidents is to be carried out by the insurance-related business at the business site, which is the end point.
    Moving from "another place of employment" to "a place of employment specified by the Ordinance of the Ministry of Health, Labor and Welfare" does not necessarily correspond to "commuting".
  3. Prior to or following the round trip of 1.Moving between dwellingsThose that meet the prescribed requirements
    Due to unavoidable circumstances due to transferspouse,Child,Needs nursing careIf repetitiveness and continuity are recognized in the movement to the homecoming destination when the parents / relatives in the hometown are separated, the movement between the homecoming destination and the homecoming destination can be recognized as commuting ( March 18, 3, No. 31).Based on the actual situation, it is permissible to admit that the movement on the day of work, or the movement on the day before work or the day after leaving work is related to work, but the movement performed before or after the day before the previous day is rational for the transportation situation. Only if there is a good reason, the relationship with employment is recognized.

"By commuting" means commutingConsiderable causalityThat is, the dangers normally associated with commuting have materialized.Specifically, if you are hit by a car while commuting, if you fall and get injured because the train stopped suddenly, if you fall from the stairs of a station, or if you are injured by an object that has fallen from the construction site of a building while walking. , FalledTank truckThis applies to cases such as acute poisoning caused by harmful substances flowing out of.On the other hand, in the case of suicide or the intention of the victim, the act of setting up a fight with a grudge is not recognized as a danger normally associated with commuting (March 18, 3, No. 31).

"Regarding employment" means movingTo get a jobOr it means that it is done because the work is finished.Not only do you work at the designated work place on the designated work day, but you also receive the order of the employer when you participate in a company-sponsored event where all employees are ordered to participate and are treated as commuting even if it is not the original work. This also applies when entertaining customers.In addition, of course, if you go to work place out of the house to the prospect a given work time, early shift, late, leave early, but the target even if the temporary return home, do not qualify if you back and forth in the need or the like on the private life ..alsoUnionEarly arrivals and late departures for long periods of time (generally more than 2 hours) are not covered, as it is recognized that the relationship between employment and commuting will be lost due to activities.note that,Those who are hired every dayRegarding, if you continue to work in the same business, it is certain that you will work, and the attendance at that time is recognized to be related to employment, andPublic Employment Security OfficeIf you go to the referral destination after receiving an introduction for the day, and you are expected to work at that place, you can recognize the relationship with employment.However, the act of going from the residence to the public employment security office, etc. to receive an introduction for the day at the public employment security office, etc. cannot be said to be an act of going to work for employment because it is still uncertain whether or not it will be possible to get a job.

What is a "reasonable route and method"?A route that is generally accepted by social conventions and a means that will be approved...Even if the commuting method is different from the commuting method applied to the company, there is no problem as long as it is the method used by ordinary workers.If there are a few routes that can be normally used, all of them are "reasonable routes".If a worker in such a position naturally has to take the route for a co-earning worker who has no other person to care for the child to leave the child in a daycare center, a relative's house, etc., for employment. Since it is a route, it is a "reasonable route".On the other hand, a significant detour without any particular rational reason is not a "reasonable route".Also, the route needs to be rational along with the means,No traffic areaPassage,Driver's licenseDriving a car of a person who has never acquired a car or driving a car in a drunken state is not recognized as "reasonable".Drunk drivingOr justLicenseDue to non-carrying, forgetting to renew your license, etc.Unlicensed drivingIs not necessarily treated as irrational, but in this case, it is natural that the payment of benefits will be restricted in consideration of various circumstances (March 18, 3, No. 31).

In addition, if you deviate from a rational route for a purpose unrelated to commuting (“deviation”) in the middle of the commuting route, or if you perform an act unrelated to commuting (“interruption”), a trivial act Except when you only do (toilet, break, short-term eating and drinking, etc.)at the timeCommuting will no longer be recognized (even if you return to a rational route / means from "deviation / interruption").However, if the deviation / interruption is an act necessary for daily life and is stipulated by the Ordinance of the Ministry of Health, Labor and Welfare, or if it is the minimum to be performed due to unavoidable reasons, commuting "after" the deviation / interruption. It can be recognized as a disaster.In addition, an accident during the deviation / interruption does not become a commuting accident in any case. "Acts necessary for daily life and stipulated by the Ordinance of the Ministry of Health, Labor and Welfare" are as follows.

  • Purchasing daily necessities and other similar acts
    • Specifically, on the way homeSide dishWhen purchasing etc., when a single person stops at the dining room,cleaningThis applies when you drop in at a store.Furthermore, in the case of moving between work places, if you stop by for a meal due to the start time of the next work place, orlibraryIncluding the case of collecting information necessary for work such as, in the case of moving between residences, if you stop by for a meal during a long time moving or for commuting by carnapThis also applies to cases such as taking (March 18, 3, No. 31).
  • Job training,School education lawActs of receiving education conducted at schools prescribed in Article 1 and other similar education and training that contribute to the development and improvement of vocational ability
  • Voting rightExercise and other similar acts
  • hospitalOrClinicTo receive medical examination or treatment at
  • Nursing care for spouses, children, parents, grandchildren, grandparents and siblings, and spouse's parents who are in need of long-term care (limited to those performed continuously or repeatedly) (Worker Accident Compensation Insurance Law Enforcement Regulations No. 8 Article 5 No. XNUMX)[6]

Regarding illnesses caused by commuting, Article 18-4 of the Enforcement Regulations of the Workers' Accident Compensation Insurance Law stipulates that "illnesses caused by injuries caused by commuting and other illnesses apparently caused by commuting" (What is a work accident?) Unlike, there is no specific list of items).

Workers' Accident Compensation Type 2 Special Subscriber (so-called ""Single master”Etc.), commuting accidents do not apply to those who fall under any of the following.

  • Persons engaged in the business of transporting passengers or freight using automobiles
  • Fishing boatFishery animal and plant harvesting business (Sailor LawStipulated in Article 1SailorPersons engaged in (excluding businesses conducted by)
  • Specified agricultural work / designated agricultural machinery worker
  • Domestic workers and their assistants

For commuting accidents related to insured persons used in the voluntary application of workers'accident compensation insurance, if it occurs before the date of establishment of the insurance relationship of the workers' accident compensation insurance, the benefits will be provided by health insurance, etc. instead of the workers' accident compensation insurance. ..

Specific examples of occupational accidents

Examples recognized as work-related accidents
  • AutomobiledriverHowever, in the process of transporting long-distance regular freight flights,The company allows useSince I arrived in front of the cafeteria, I stopped for a meal and while crossing the road trying to go to the cafeteria, I was hit by a car that had been traveling from time to time and died (July 32, 7, No. 19) ).
  • By the order of my bossApproximately 30 minutes earlier than usual to investigate the circumstances of employees who are absent from workHome official outingHe left his home and was hit by a train on his way to the absentee's house by bicycle and died (December 24, 12, No. 15).
  • "Tomorrow between 8 am and 1 pmSubcontractorGuidance and supervision of the work carried out by the contractor in the neighboring townBusiness trip orderAfter 7:XNUMX am the next day, I left my house by bicycle and was in the process of getting on the train.Railroad crossingHe collided with a train and died (July 34, 7, No. 15).Even if the train he was trying to board was also used for normal commuting, a work accident rather than a commuting accident is recognized.
  • During working hours, Personal belongings necessary for workglassesA worker who forgot his homeWith the consent of my bossOn the way to pick up the glasses delivered by my family to the factory gate by bicycle, I made a mistake in driving and fell and was injured (July 32, 7, No. 20).
  • PlumberHowever, the small size that was transported the night before in the early morningOur Network It was being sorted out because it was untidyly unloaded at the material storage area of ​​the business site.At that time, when I searched for the material to be thrown into the nearby grass because of its small size, it lived in the grass.ViperHe was bitten by his leg and injured (September 27, 9, Basic Disaster Revenue No. 6).
  • A day laborer on a road cleaning work was taking a break with a colleague during a break from noon, leaning against a fence facing the road in the workplace, and a passenger car running on the road accidentally crashed into the fence. At that time, he was late to escape and was caught between a fence and a car and broke his chest (June 25, 6, Kiseki Disaster Revenue No. 8).
  • 15 minutes before starting work outdoors, as usual, with a colleagueDrumTofirewoodWhen a young colleague brought the oil that had been left in the workshop to clean the machine and burned it over the firewood, the fire was burned by the worker who had been warming up by throwing firewood. Burning into the trousersburn(No. 23 from June 6, 1).
  • Under constructioncraneHowever, there is a risk that it will collapse due to an unprecedented typhoon, so in order to wait for the storm to subside and take first-aid measures to prevent the collapse, the supervisor told 16 workers in the mountainside valley near the construction site. When I ordered to wait in a worker's dormitory built in a typhoon style in a narrow area, the dormitory collapsed due to the wind and all the workers waiting there died (November 29, 11, No. 24). issue).
  • A worker in the factory who had previously lost consciousness for about 10 minutes when leaving work, 2℃Approaching the stove to keep warm while working in the area, due to sudden temperature changesanemiaHe fell into the stove and died of burns (September 38, 9, No. 30).
  • Worker D, who was driving a large truck of company C and carrying company luggage, met a truck of company F driven by E, but because the road was narrow and it was impossible for the trucks to rub against each other, F The company truck stopped about 20 meters back to retreat to the runaway behind it,slow downIt seemed to be quite difficult.D, who could not see this, got on the cab instead of E and tried to retreat, but he made a mistake and crashed a cliff from the road and died instantly (March 31, 3, No. 31).
  • A fishing boat with 6 crew members finishes the work and is on the way back to the port for dinner on board.Puffer fishThe juice was served.Five of the crew, excluding one who did not eat due to seasickness, showed symptoms of poisoning after eating.He could not be treated because of the sea, so he returned to the port and received medical treatment immediately, but one seriously ill person died.Meals on boardIt is customary as a company lunch, and the puffer fish lunch isCustomWas(February 26, 2, No. 16 from the basic disaster).
  • A worker who was cutting earth and sand at the river bank embankment construction site was pointed at by a bee and died in the shock.It was later discovered that the beehive was in the soil about 30 cm from the cut surface of the earth and sand, and several bees were flying around on the day, and both workers and employers had a nest somewhere. I was wondering if there was one (October 25, 10, No. 27).
Examples that were not recognized as work-related accidents
  • Car driver A goes to the road construction sitegravelWas ordered to carry and was engaged in the work.After laying the gravel, A was talking, and B, who was acquainted with him, came and asked him to drive for a while, got on the cab, and continued driving, but A was silent. While B was driving, A was on the step stand of the car, but because of B's ​​inexperience, he was about to hit a utility pole, so A immediately tried to jump off, but it was just outside the road. He was bounced off and injured (April 26, 4, No. 13).This disaster is ADeviant from workIt was not a work-related accident because it was caused by.
  • In-house fellowship on company holidaysbaseballCompetition (Participation is recommended but optional), The worker fell and was injured (May 12, 5, No. 18).
  • Coal mineUnexploded ordnance picked up by a worker engaged in mining work at the site when he found it mixed with mud during workdetonator,During breaksPoke with a wireplayingIt exploded and injured the fingers of the hand (December 27, 12, Basic Disaster Revenue No. 1).
  • In preparation for a person who belongs to a company and plays baseball as a worker based on a labor contract to participate in a business team baseball tournament as a representative player of the companyVoluntary exercise other than the practice plan set by the employerI was injured while I was doing it (May 12, 5, No. 18).The "voluntary exercise" in this case does not correspond to the practice of athletics based on the labor contract, and is not treated as a business.
  • The company issues a nomination dismissal notice for personnel reduction, the labor union dispute this, the employer applies to the court for provisional disposition of the employee to be prohibited from entering the workplace, and the labor union confirms invalidity with the court due to violation of the consultation agreement. The labor union filed a lawsuit and applied for provisional disposition to protect the identity of the employee.Employ employees without waiting for a court decision, An injury accident occurred during the work (December 28, 12, No. 18).In this case, it is treated as non-business even during work.
Examples recognized as commuting accidents
  • On the way out of workBeauty salonStop by, Finishing the hair setImmediately after returning to a rational routeI was in a disaster (August 58, 8, No. 2).The act of stopping at a hairdressing shop or hairdressing shop for hairdressing and cosmetology was considered to fall under "purchasing daily necessities and other similar activities necessary for daily life."
  • In a dark place near the entrance to the underground shopping mall, where there is no traffic after the store closescabaretOn the way home from work, a working worker was beaten on the back of his head by a thug and his wallet was taken (June 49, 6, No. 19).
  • A worker who finished his morning work and had lunch at his home, about 300 meters from the office, left his home at around 12:45 to start working in the afternoon and walked along the prefectural road. On the way to my office, I jumped out from the side of a truck parked on the side of the prefectural road.Wild dogThe lower leg was bitten and injured (May 53, 5, No. 30).
  • A worker commuting by car parks his car at the company's parking lot across the city road from his company and arrives at his workplace on foot.Time-cardAfter pressing, I noticed that I forgot to turn off the fog light, and while crossing the city road to return to the parking lot on foot, I was hit by a light car running on the city road and was injured (June 49, 6) Revenue No. 19).
Examples that were not recognized as commuting accidents
  • After work,An executive officer of a labor unionWorkers for wage increases held in the workplaceAttend labor-management council for about 6 hoursAfter that, he had a traffic accident on his way home (November 50, 11, No. 4).Attendance at the labor-management councilDuties as a trade union officerIn addition, the time of "about 6 hours" was not recognized as a commuting accident because it was so long that the direct relationship between employment and returning home was lost according to social conventions.
  • When I headed to the bus stop to leave the bus after work, I was with a close colleague, so I stopped by the coffee shop next to the company I often use with each other, chatted over coffee, and spent about 40 minutes. After that, a worker who was sent to his home by a colleague's car through a reasonable route was hit by a car and injured when he tried to get out of the car (November 49, 11, No. 15). ). "Spent about 40 minutes at a coffee shopThe act was not recognized as the above-mentioned "trivial act" or "purchase of daily necessities or other similar act".

Occupational accident hidden

When an occupational accident occurs and a worker dies or is closed for 4 days or more, the employerWithout delay,Worker death and injury reportJurisdictionLabor Standards Inspection OfficeMust be submitted to the chief (Occupational Safety and Health RegulationsArticle 97).Based on the report, the Labor Bureau investigates the workplace and the hospital that was in charge of treatment, and decides whether to certify the accident.[7]..If you neglect to report or report something that is not trueIndustrial Safety and Health ActViolation, business owners who violated less than 50 yenfine(Article 120 of the Industrial Safety and Health Act).There is no need to report if there is no leave of absence or if there is a commuting accident.If the leave is less than 3 daysquarterIt is sufficient to submit each (by the end of the month following the last month of each period).

It is also possible for workers to apply for work-related accidents themselves.[7].

According to a survey by the Ministry of Health, Labor and Welfare, the number of people killed or injured in occupational accidents is high for food and drink, retail, etc.Tertiary industryIn addition, it is a manufacturing industry that has been pointed out as having a labor shortage and aging factories.However, the so-called "worker death / injury / illness report" is not submitted or a false report is made.Occupational accident hidden'[8]Overwhelmingly, most of the industries whose documents have been sent byConstruction industryHas become[9]..The following points have been pointed out as the causes of many occupational accidents hidden in the construction industry.

  • Image deterioration due to occupational accidents,bidI hate actual harm such as suspension of nomination
    Many small and medium-sized buildersPublic worksSuspension of nomination is a matter of life and death because it depends on[10].
  • Annoying the prime contractor, conversely the prime contractor imposes
  • The prime contractor and other business customersthird partyThe perpetrator of the act
    When a worker applies for a prime contractor or customer as a target of a third party act, the government sends the prime contractor or customer to the prime contractor or customer.ReimbursementClaims go around (Article 12-4 of the Workers' Accident Compensation Insurance Law).Therefore, in some cases, various benefits of workers'accident compensation insurance may not be claimed due to discussions between the employer and the affected workers (for example, the employer takes over the workers' accident compensation benefits).Subcontractors try to hide the accident because they will not be able to eat if they are banned from the main contractor[10].
  • Merit systemWill increase future insurance premium burden
    In the case of continuing business, the merit system is applied to business establishments with 20 or more workers, and there is no need to worry about the increase in insurance premiums due to the merit system at micro business establishments.
  • It is troublesome to report to the competent authority (Social insurance laborerSmooth application is difficult without qualified personnel)
    Business establishments with many accidents are marked by name, and all are marked.Labor Standards Inspector OfVisitAnd the eyes of surveillance become strict.If the same violation is repeated, it will be sent.[10].

Under the Workers' Accident Compensation Insurance Law, even if there is an occupational accident, it is not possible for workers to pay at their own expense, to be compensated by the employer, or to treat with the representative's pocket money without using the workers' accident compensation insurance. It's not illegal.Even in the case of an occupational accident, it is not illegal not to claim medical expenses for the occupational accident and compensation for leave of absence.However, although the employer initially paid the affected workers to keep them silent, they were reluctant to put them out due to the effects of the prolonged recession, and as a result, the occupational accident concealment gradually came to the surface.Occupational accident concealment hinders the establishment of occupational accident prevention measures and the prevention / prevention of recurrence, and the business operator is to be severely punished when it is discovered.

The outbreak situation of 2019 coronavirus infectious disease in JapanBelow, it is reported that there are many cases where employers other than medical institutions refuse to respond as work-related accidents, even though there is a high possibility that they have been infected at work.[7].

To the manager regarding the industrial accident caused by engaging in labor by orderBusiness negligenceThere is a debate as to whether criminal punishment should be applied[11].

Related Japanese government agencies, administrative staff, work accident prevention target setting, etc.

Related organizations / public office
setting of the goal

"2013th Occupational Accident Prevention Plan" with a planning period of 25 years from April 4 (Heisei 2018) to March 30 (Heisei 3)[12]According toTo realize a society where everyone can work with peace of mind and health"Aiming to eradicate fatal accidents, reduce the number of fatalities due to occupational accidents by 24% or more by 29 compared to 15" "Compared to 24, The goal was to reduce the number of casualties of 29 days or more on leave due to occupational accidents by 4% or more by 15. "

In response to these, the "2018th Occupational Accident Prevention Plan" has a planning period of 30 years from April 4 (Heisei 2023) to March 35 (Heisei 3).[13]Then,A society in which each worker can have a better future outlook under the basic philosophy of not giving out even one victim."Reduce the number of deaths by more than 2017% by 2022 compared to 15" "Reduce the number of casualties by 2017 compared to 2022"5%The goal was to reduce the number above.

Prefectural Labor BureauWhen the chief finds it necessary to prevent the recurrence of an occupational accident, he / she sets a period for the business operator involved in the occupational accident and sets a period for the workplace where the occupational accident occurred.General safety and health manager,Safety manager,Hygiene manager,General Safety and Health OfficerIt is possible to instruct those who are engaged in work to prevent other occupational accidents to take a course designated by the director of the prefectural labor bureau.Businesses that receive this instruction must have these persons take the designated training (Article 99-2 of the Industrial Safety and Health Act).

Occupational accidents overseas

Europe

France

Germany

United Kingdom

North America

米 国

Canada

South America

Brazil

Peru

Argentine

Asia

India

Eur-lex.europa.eu eur-lex.europa.eu

フィリピン

Taiwan

Hong Kong

Chugoku

South Korea

footnote

  1. ^ Daijisen"Industrial accident"
  2. ^ What is workers' accident compensation insurance? Ministry of Health, Labor and WelfareTokyo Labor Bureau(Retrieved September 2021, 11)
  3. ^ Single masterEtc. are not included because they are not workers.For reference, the number of fatalities due to work-related accidents such as one-person masters in the construction industry, which was grasped by the Ministry of Health, Labor and Welfare in 2018, is 96 (of which 55 are one-person masters). Ministry of Health, Labor and Welfare "Let's eliminate disasters at construction sites!"
  4. ^ Ministry of Health, Labor and Welfare "May 5, 17st year of Reiwa Safety Division About the situation of occupational accidents in 30"
  5. ^ About work-related injuries of health insurance insured persons or dependents (National Health Insurance AssociationFrom HP)
  6. ^ It was a requirement for grandchildren, grandparents and siblings to live together and support them, but Article 8 No. 5 of the Workers' Accident Compensation Insurance Law Enforcement Regulations was amended, and the requirement began on January 29, 1. Was abolished.The commuting accident protection system for workers' accident compensation insurance has changed (Ministry of Health, Labor and Welfare website)
  7. ^ a b c Corona Industrial Accident 1% of infected people "Unknown route" Even if they do not respond, it is a problem to inform and understand the workplace"Nihon Keizai Shimbun』Morning edition November 2021, 11 (social aspect) Viewed November 16, 2021
  8. ^ There is also a notation of "work accident hiding", but in this section the word "hidden" is used.Common kanjiTherefore, it is written as "hidden work accident".
  9. ^ Occupational accident statisticsMinistry of Health, Labor and Welfare
  10. ^ a b c "Weekly diamondDecember 2014, 12 issue "The Labor Bureau is coming!" P.20
  11. ^ When an occupational accident occursMinistry of Health, Labor and Welfare
  12. ^ About the 12th occupational accident prevention planMinistry of Health, Labor and Welfare
  13. ^ About the 13th occupational accident prevention planMinistry of Health, Labor and Welfare

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