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

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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