Mandatory Heat Stroke Prevention in the Workplace

 ◆Summary of Amendment

In response to the recent heat wave and the increasing number of deaths and injuries caused by heat stroke in the workplace, heat stroke countermeasures in the workplace have been strengthened as a legal obligation. Specifically, on June 1, 2025, the revised Occupational Safety and Health Regulations came into effect, making heat stroke countermeasures in the workplace mandatory.

The regulation applies to work that is expected to be "performed in an environment with a Wet Bulb Globe Temperature (WBGT) of 28°C or higher or a temperature of 31°C or higher for more than one hour or more than four hours per day. In order to prevent serious heat stroke, businesses are now obliged to "establish a system," "create procedures," and "inform all concerned parties.

◆Main obligations

Establishment and dissemination of a reporting system: Establishment of a system for "workers who have subjective symptoms of heat stroke" or "workers who find workers who may suffer from heat stroke" to report the fact and dissemination of the system to the workers concerned.

*In addition to receiving reports, efforts should be made to proactively identify workers with serious symptoms of heat stroke by adopting an optimal temperature control buddy system in which employees are assigned in pairs and talk to each other and mutually check each other, utilizing wearable devices, etc. and cooling devices in the work environment.

Preparation and dissemination of measures to prevent serious illness: To enable prompt and accurate decisions when workers who may suffer from heat stroke are identified, 

(1)Emergency contact network at the workplace, contact information and location of the emergency transport center, etc., 

(2)Implementation of measures necessary to prevent serious illness due to heat stroke, such as work release, physical cooling, transport to a medical institution, etc. 

(3)Preparation of procedures and dissemination of these procedures to the workers concerned.

Failure to take these measures may result in imprisonment for up to six months or a fine of up to 500,000 yen. In order to protect the lives of employees and to ensure compliance with laws and regulations, it will become even more important to review the work environment and provide education and training to employees.

Possibly illegal, beware of self-destructive sales!

 

◆What is self-destructive sales?

Self-destructive sales refer to the act of employees purchasing their own products with their own money in order to meet company sales targets or quotas. Typical examples are post office employees purchasing New Year's postcards with their own money or convenience store employees purchasing unsold merchandise. This has become a problem in recent years as it leads to financial loss and emotional distress for employees.

It is not illegal for a company to set sales targets or quotas for its employees. However, depending on how they are achieved and the degree of coercion, various problems may arise under civil law and labor-related laws. 

◆Problematic cases

The Ministry of Health, Labor and Welfare (MHLW) has also published a leaflet, "Labor-Related Legal Issues of Forcing Workers to Purchase Goods," calling for attention to such self-destructive sales, etc. 

The leaflet lists the following as problematic cases:

+The company used its position as an employer to force workers to purchase goods they did not need.

+The company asked workers to purchase the company's products, but when they refused, the company took disciplinary action or dismissed them.

Other cases that require attention include:

+The company had set a sales quota for each employee, and had clearly indicated that failure to meet the quota would result in disadvantageous treatment in terms of personnel affairs.

+The company sets quotas that are practically unattainable, and takes adverse personnel actions if quotas are not achieved.

 Self-destructive sales are an act that places a heavy burden on employees. To avoid excessive penalties and forced purchases, it is essential to make efforts to ensure that they are well known and managed.