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Guidelines Concerning the Improvement of the Work Environment, Etc., of Women Workers Engaged in Night Work (Ministry of Labour Notice No. 21 of March 13, 1998)

1. Purpose

These guidelines determine measures that employers should take concerning the improvement of the work environment, etc., of women workers engaged in night work, in order to enable women workers to engage in a full working life.

2. Improvement of the Work Environment, Etc., of Women Workers Engaged in Night Work

When an employer causes a woman worker in its employ to engage in night work, the employer should take appropriate measures concerning the improvement of the work environment, etc., of said woman worker, particularly in regard to the following points.
(1) Securing safety during commuting and the performance of work
An employer shall endeavor to secure the safety during travel to and from the workplace of a woman worker who engages in night work, by such means as operating a shuttle bus for employees, establishing working hours which take into consideration the hours of operation of public transport, providing crime-prevention lighting in employee parking areas, lending crime-prevention alarm bells, etc.
Further, an employer shall endeavor, from the viewpoint of crime prevention, to avoid making a woman worker who engages in night work perform work alone.
(2) Consideration for circumstances such as raising a child or caring for a family member
In the event that an employer wishes to cause a woman worker in its employ to engage newly in night work, the employer shall endeavor to give consideration to heeding her circumstances with regard to raising a child or caring for a family member, and with regard to her health, etc., and to related measures.
Further, if so requested by a worker, within certain limits, who is raising a child or taking care of a family member, an employer shall not make said worker engage in night work, in accordance with the provisions of the Law Concerning the Welfare of Workers Who Take Care of Children or Other Family Members Including Child Care and Family Care Leave (Law No. 76 of 1991).
(3) Provision of rooms for napping, resting, etc.
When it is necessary to allow a worker to sleep during the night or when there are opportunities for a worker to nap during working hours, an employer shall establish suitable places for sleep or napping, separately for men and women, in accordance with the provisions of the Ordinance on Industrial Safety and Health (Ministry of Labour Ordinance No. 32 of 1972) based on the Industrial Safety and Health Law (Law No. 57 of 1972).
Further, an employer shall establish toilets and rooms for resting, etc., separately for men and women, in accordance with the provisions of said Ordinance based on said Law.
(4) Health examinations, etc.
When an employer hires a worker whom it intends to cause to engage regularly in work including night work, or when an employer reassigns a worker to said work, and regularly once every six months or less thereafter, the employer shall have a health examination conducted by a medical doctor in accordance with the provisions of said Ordinance based on said Law.
Further, in the event that a health examination results in a diagnosis of an abnormal finding in an item thereof, in accordance with the provisions of said Law, the employer shall take such measures giving consideration to the actual circumstances of said worker as it finds necessary on taking into account the opinion of a medical doctor, such as reassignment to working hours other than late night, reassignment to different work duties, or shortening of working hours.
Moreover, if so requested by an expectant or nursing mother, an employer shall not make her perform night work, in accordance with the provisions of the Labour Standards Law (Law No. 49 of 1947).


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