Japan: Keeping Workers Safe — Employer Obligations Under the Industrial Safety and Health Act

Japan’s Industrial Safety and Health Act (ISHA) sets clear legal standards for protecting employee health and safety. From medical checks to accident reporting and workplace hazard prevention, key employer obligations — including recent and upcoming changes — are set out below.

Minimum Legal Standards for Workplace Safety

The protection of employee health and safety is a fundamental obligation imposed on employers under Japanese labour law, primarily through the Industrial Safety and Health Act (ISHA). The Act seeks to ensure safety and health in the workplace and promote comfortable working environments. Employers must comply with a wide range of obligations that vary depending on the size and nature of the workplace.

Key requirements include:

• Appointing safety personnel: Employers must designate appropriate safety and health personnel, such as safety managers, health supervisors, and industrial physicians, depending on industry type and workforce size.
• Medical examinations: Employers must provide regular medical examinations at their own expense. Where abnormalities are identified, employers must obtain a physician’s opinion and take appropriate protective measures, including adjustments to duties or working hours where required.
• Managing overtime and stress: Employers must pay particular attention to employees working long hours. Workers who perform more than 80 hours of overtime in a month and show signs of accumulated fatigue must be offered a medical consultation. Stress check programmes and mental‑health obligations continue to expand.
• Accident prevention measures: Employers must implement risk assessments, provide protective equipment, conduct regular inspections, and ensure adequate training. Since mid‑2025, specific heat‑stress prevention measures apply where high‑temperature risks exist.

Reporting Accidents

Employers must report workplace accidents to the relevant Labour Standards Inspection Office where an employee dies or becomes unable to work due to injury or illness. Reporting must be completed electronically, and deadlines depend on the severity of the incident. Authorities may investigate and require corrective actions.

Regulation and Enforcement

ISHA is enforced by the Ministry of Health, Labour and Welfare and local labour bureaux. Enforcement mechanisms include inspections, mandatory reporting, regulatory guidance, and penalties. Violations may result in administrative orders or criminal sanctions, including fines of up to JPY 500,000 for certain breaches.

Liability for Third‑Party Contractors

Employers remain responsible for workplace safety even where third‑party contractors are involved. Safety obligations cannot be delegated, and employers may still be liable where inadequate safety measures contribute to an accident caused by a contractor.

Takeaway for Employers

Employers in Japan must proactively manage health and safety risks, ensure accurate and timely reporting, and remain compliant with evolving occupational health and safety obligations under ISHA. Recent reforms emphasise digital reporting, heat‑stress prevention, and enhanced mental‑health protections.

By Anderson Mori Tomotsune, Japan, a Transatlantic Law International Affiliated Firm. 

For further information or for any assistance please contact japan@transatlanticlaw.com

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