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Subjects of post ban asbestos in Japan
Sawada Shinichiro
BANJAN
Viewpoint s of control against asbestos health damage
① Reduction and ban of the asbestos application
② Relief and compensation for the asbestos victims
③ Prevention of the existing asbestos
Mar, 2012 Putting a ban without exception (Ban on production and use of asbestos and currency of asbestos products)
Sep, 2006 Putting a ban with exception (eg: Gasket for chemical industry, Packing for submarine boat)
Oct, 2004 Prohibited in principle (Ban of production and use of asbestos and currency of a product that includes more than1% asbestos against a total weight of the product other than crocidolite and amosite )
1995 Ban of production and use of asbestos and currency of crocidolite and amosite
1975 Prohibited sprayed asbestos in principle
Process to put the ban
0
200
400
600
800
1000
1200
1400
1600
Increasing malignant mesothelioma in Japan
Year
People
1400 people
Increasing until 2030?
Prohibited in principle Putting a ban with exception
Putting a ban without exception
Change of number of compensation and relief of mesothelioma and lung cancer
Number of malignant mesothelioma deaths
Number of relief and compensation of malignant mesothelioma
Number of relief and compensation of asbestos lung cancer
Roll-back the collection fee on the relief foundation
Fund of Act on Asbestos Health Damage Relief
Non-workers’ victims or survivor’s
Local public bodyFund of about 5 %
GovFund of
about 50 %
All Japaneseemployers
Fund of about 40 %
Special employersFund of about 2%
Big asbestos related four company
Including related asbestos and non-related asbestos company.
The subject of roll-backing of collection fee
Workers’ compensation
Worker victims
Isn’t an exposure history important ?
Over 10 years’asbestos exposure
※Except for high level exposureeg) Textile, Cement production,
Air-born
Over 5000 asbestos bodies in lungs
※Dry lung tissue (/g dry)※Including chrysotile
A lot of chrysotile exposurebut …
Problem related relief of lung cancer victims
Relief and compensation standard for lung cancer accreditation
Exposure history < One side of the medical observation
・ Decrease of the number of relief for lung cancer victims
・ 2 high courts ordered the authority to repeal the judgment on workers’ compensation
Need to revise the standard for accreditation- Active utilization of exposure history
Rare occupational injury
Health professionals -The first worker’s compensation for a former nurse was approved in 2012 -Japan Nursing Association called the participants attention for asbestos disease-The second case was approved in 2013 -On asbestos relief law, 8 people of mesothelioma and 2 people of lung cancer, who were former nurses and midwives, public health nurse, were approved from 2005 to 2011
Schoolteachers -Only 1 schoolteacher was approved by Fund for Local Government Employees’ Accident Compensation-On asbestos relief law, 56 people of mesothelioma and 2 people of lung cancer were approved
Detection of environmental injury in new region
News of TV and News paper
Detection of new environmental injury in new region
-Nishinari area, Osaka City
Many factories related Asbestos were concentrated in Osaka city, Osaka PREF
Compensation system for dockworkers’
Private relief system for dockworkers’ based on fund-In June 2013, The Japan Harbor Transportation Association founded private asbestos fund
Asbestos fund
Harbor transportation incVictim or family
-In August 2013, There was a first agreement during bereaved family and company- The company paid ¥ 25,000,000 (about $ 250,000) to the bereaved family- 117 former dockworkers’ approved to workers’ compensation
Negotiation
Agreement and payment
Demand of compensation
Giving for the sake of support from the founds
Court of waiting judgments from supreme court in Japan
Plaintiff Defendant Hot matter
Former asbestos textile workers and manager,
the family(1 people), neighborhood inhabitant
(1 people)
Government
Three points of the government’s responsibility for the omission
1. The Gov didn’t oblige companies to take measures to prevent and reduce asbestos dusts
2. The Gov didn’t oblige companies to report dust concentration and take remedial measures
3. The Gov didn’t provide asbestos risk for public
Former shop owner of stationer
Kintetsu as
building ownerA building owner’s responsibility for asbestos damage of lessee
Former port-worker MITSUI-SOKO Co., A company’s responsibility of the omission for a measure of prevention and reduction of asbestos dusts and education for safety education
Former carrying task worker
Nichias and Nittsu as carrying company
A company’s and a employer’s responsibility for employees’ damage in the companies where they are on loan
Referred back to Osaka high court in this summer
Win of construction workers asbestos suit in Tokyo
Formed of first asbestos victims association in Kyushu area
Kyushu areaNorth kyushu area
Formed of first asbestos victims association in Kyushu area
Network event of Korea and Japan’s Victims associations
Asbestos scatter incident in high school
Press report
Field high school
Movement of Prevention of health injury from stock asbestos
Air Pollution Control Act and discussion of amendment against demolish work Now Prognosis after revised law
Preliminary surveysObligationBut nothing rule
Obligation of order trader
Notification of demolish work
Obligation of order trader Obligation of contractee
boarding inspection Only place of notification Unconcernded being of notification
Air density measurement Keeping of recordsObligation of compliance of operating instruction
Point of measurement Nothing ruleObligation of measurement in exhaust port
Standard of air density Nothing obligation Eulogy to 1f/L
Penalty Imprisonment of up to half year or fine of up to ¥ 500,000
Imprisonment of up to half year or fine of up to ¥ 500,000
Regulation of many building material
Nothing obligation Nothing obligation
manual of boarding inspection
Nothing obligationNothing obligationBut continue the discussion
Risk communication Nothing obligationNothing obligationBut continue the discussion Preliminary surveyor
Health, Labour and Welfare Ministry counseled a utilization of asbestos consultant.Asbestos consultant system was established by members of the Japanese Association of
Asbestos-related Corporations.
That’s all thank you