1-5. The Relationship Between the Labor Standards Act and the Industrial Safety and Health Act from a Workplace Accident Prevention Perspective

The Labor Standards Act and the Industrial Safety and Health Act (OSH) are two pillars of legislation supporting worker protection in Japan, closely intertwined from the perspective of preventing industrial accidents. While there may appear to be some overlap between the two, understanding their distinct roles allows companies to implement effective industrial safety measures. This article explains the relationship between the two laws and their direct impact on preventing industrial accidents.

The Labor Standards Act establishes minimum standards for working conditions. Its purpose is to protect workers' basic rights, including working hours, breaks, holidays, wages, and dismissal. Provisions directly related to preventing industrial accidents include "maximum working hours" and "restrictions on late-night work." Excessive work and long working hours not only lead to death from overwork and mental health problems, but can also trigger serious accidents at work. Therefore, compliance with the Labor Standards Act is the first step in preventing industrial accidents.

On the other hand, the OSH Act aims to ensure workplace safety and health, stipulating more specific rules regarding facilities, work environment, and health management. Representative obligations include appointing safety and health managers, measuring the work environment, conducting regular health examinations, and conducting risk assessments. The Industrial Safety and Health Act complements the Labor Standards Act's "general protection of working conditions" and ensures specific workplace-level accident prevention measures.

Understanding the relationship between these two laws is key to understanding their respective roles: the Labor Standards Act provides a framework for working conditions, while the Industrial Safety and Health Act specifies workplace safety measures. For example, optimizing working hours under the Labor Standards Act prevents fatigue accumulation, while improving the work environment under the Industrial Safety and Health Act reduces the physical risk of workplace accidents. In practice, implementing both laws in an integrated manner is essential to thoroughly prevent workplace accidents. In audits and investigations by labor standards offices, long working hours and violations of the duty to take safety precautions are often cited simultaneously. For example, in workplaces where long working hours are the norm and safety managers are ineffective, human error due to fatigue combined with inadequate equipment increases the risk of serious accidents. In such cases, violations of both the Labor Standards Act and the Industrial Safety and Health Act apply, and companies are subject to double legal liability.

In addition, amendments to the Industrial Safety and Health Act require a wider range of safety and health measures than ever before, such as stress check systems and strengthened chemical substance management. These are not simply requirements under the Industrial Safety and Health Act; they are also practical measures for realizing the "duty of care" under the Labor Standards Act. In other words, the Industrial Safety and Health Act puts into practice the Labor Standards Act's philosophy of "ensuring the safety and health of workers."

In conclusion, while the Labor Standards Act and the Industrial Safety and Health Act are separate laws, they are closely linked in terms of preventing industrial accidents. Companies are required to: (1) prevent excessive work by properly managing working conditions, (2) thoroughly improve the workplace environment and manage risks, and (3) foster a safety culture that incorporates both laws. Failure to do so increases the risk of industrial accidents, and companies will simultaneously face legal liability and a loss of social credibility. Viewing both laws as a single entity and strengthening the foundation for preventing industrial accidents can be said to be an essential condition for sustainable corporate activities.