Japan

Note: This law has not been reviewed by our legal staff and was not relied upon for purposes of our analysis. We are providing it here for informational purposes only.

Note: This law has not been reviewed by our legal staff and was not relied upon for purposes of our analysis. We are providing it here for informational purposes only.

COMMENTS: Labor Standards Act (Act No. 49 of 1947, amended by Act No. 147 or 2004) provides the definition of "worker" that applies to the Industrial Safety and Health Act.

Note: This law has not been reviewed by our legal staff and was not relied upon for purposes of our analysis. We are providing it here for informational purposes only.

Note: This law has not been reviewed by our legal staff and was not relied upon for purposes of our analysis. We are providing it here for informational purposes only.

COMMENTS: Article 71 of Industrial Safety and Health Act (Act No. 57 of June 8, 1972), Chapter VII-2, Measures for Creating a Comfortable Work Environment requires employers to “endeavor to create a comfortable working environment" and authorizes the Ministry of Labour Health and Welfare to issue guidelines to implement this provision.

COMMENTS: Article 39 of the Tobacco Business Act, No. 68 of 1984 requires health warnings on tobacco product packaging and authorizes the issuance of implementing regulations. Article 40 of this law calls on advertisers to make "efforts that their advertising not be excessive" and authorizes guidelines on tobacco advertising, promotion and sponsorship.

COMMENTS: Policies Concerning Measures to be Taken by Employers to Create a Comfortable Work Environment (July 1, 1992) (Ministry of Labour, Health, and Welfare Notification No. 59) implements Article 71 of the Industrial Safety and Health Act and asks employers, among other things, to take “measures . . . against smoking, such as designating smoking areas within the workplace.”

COMMENTS: The Health Promotion Act, Law No. 103 of 2002: Article 25 of the Health Promotion Act is non-binding and asks managers of certain enumerated public places, and “other facilities used by numerous people” to “try to take whatever steps are necessary to prevent passive smoking exposure.”

COMMENTS: Ministry of Health, Labour and Welfare Directive to Prefectural Undersecretaries No. 0509001, Guidelines on Passive Smoking Prevention Measures in the Workplace (2003) also implement Article 71 of the Industrial Safety and Health Act. Theses Workplace Guidelines encourage the creation of designated smoking areas and provide the following standards: 1) smoking rooms should be ventilated to the outside, 2) the concentration of airborne dust should be 0.15 m/m3 or less, 3) the concentration of carbon monoxide should be 10 ppm or less, and 4) the wind speed of air flowing toward the smoking rooms at the boundary between non-smoking areas and smoking rooms should be 0.2 m/s or greater.

COMMENTS: Article 36 of the Regulations for Tobacco Business Act Implementation (as amended by 2003 Ministry of Finance Ordinance No. 103) implements Articles 39 of the Tobacco Business Act and addresses health warnings and packing and labeling requirements for tobacco product packaging. The English translation contains relevant excerpts only.

COMMENTS: The Ministry of Finance Notification No. 109, Guidelines on Advertisements Concerning Tobacco are non-binding guidelines issued pursuant to Article 40 of the Tobacco Business Act and provide guidance for restrictions on tobacco advertising, promotion and sponsorship.

Note: This law has not been reviewed by our legal staff and was not relied upon for purposes of our analysis. We are providing it here for informational purposes only.

COMMENTS: This notification establishes the Related-Ministries-and-Agencies Coordinating Committee for Tobacco Countermeasures.

COMMENTS: Health Service Bureau (HSB) Notification 0225 Number 2 implements Article 25 of the Health Promotion Act Law No. 103 of 2002 and notifies prefectural governors that “other facilities” includes public transport, lodging, and other enumerated places not included in Article 25. This notification clarifies that “all public spaces used by a large number of people should be entirely non-smoking.” However, it does not requires such public places to be smoke free and permits “appropriate passive smoking prevention measures” in places “where it is difficult to ban smoking entirely”; thereby allowing designated smoking areas or no action at all.

Note: This law has not been reviewed by our legal staff and was not relied upon for purposes of our analysis. We are providing it here for informational purposes only.

Note: This law has not been reviewed by our legal staff and was not relied upon for purposes of our analysis. We are providing it here for informational purposes only.