[Chapter 3] Section 4 Accidents Accompanying Other Work and Prevention Methods②

(3) Prosecuted Workplace Accidents

(1) Construction company sent to prison for failing to take measures to prevent worker from falling from eaves

The Okayama-Kurashiki Labor Standards Inspection Office filed charges against Construction Company A (City B, Okayama Prefecture), its representative director, and others to the Okayama District Public Prosecutors Office for violation of Article 21 of the Industrial Safety and Health Law (measures to be taken by businesses, etc.) for failing to take measures to prevent falls.
In June 2020, a worker of the company was killed in an occupational accident. The worker was handing over materials at the eaves of a roof 3.5 meters above the ground when he fell.
The company was suspected of failing to take fall-prevention measures, such as putting up protective netting and requiring the worker to use a required performance fall arrest device (safety belt).
[Sent to the public prosecutors on October 12, 2020]

(2) Sent to public prosecutors for failing to take measures to prevent fall

The Kanagawa-Yokohama-Kita Labor Standards Supervision Office filed charges against a demolition company A (City B, Kanagawa Prefecture) and its on-site representative to the Yokohama District Public Prosecutors Office on suspicion of violating Article 21 of the Industrial Safety and Health Law (measures to be taken by businesses, etc.) in connection with an industrial accident that occurred in March 2020. The company was suspected of failing to take necessary measures, such as installing work floor by assembling scaffold and having workers use fall prevention equipment (so-called safety belts).
The occupational accident occurred at the demolition work site of a three-story wooden house in City C. The worker who was injured was putting up blue sheets for splash prevention. He fell from about 6 meters above the ground and seriously injured his spine.
[Sent to public prosecutors on September 2, 2020]

(3) Sent to public prosecutors for failing to take measures against fall prevention with slate roof

The Chiba Labor Standards Inspection Office filed charges with the Chiba District Public Prosecutors Office against Company A (City B, Chiba Prefecture) and its representative director for failing to take measures to prevent danger when working on a slate roof.
A 58-year-old male worker stepped through a slate roof and fell to his death. The accident occurred on August 5, 2018 at a slate-roof repair site at a factory in Chiba Prefecture. When the worker was laying iron plates on the roof, he stepped through the slate roof and fell about 10 meters to the floor. He was taken to the hospital by ambulance, but was confirmed dead on the same day due to cerebral contusion.
[Sent to public prosecutors on July 7, 2020]

(4)Construction company prosecuted for worker seriously injured by stepping on slate

The Chiba Labor Standards Inspection Office filed charges with the Chiba District Public Prosecutors Office against Company A (City B, Chiba Prefecture) and its construction manager for violating Article 21 of the Industrial Safety and Health Act (measures to be taken by businesses, etc.) in connection with an industrial accident in which a worker was seriously injured when he stepped through a slate roof.
The industrial accident occurred on March 16, 2020, at a slate roof repair work site at a factory in Ward D of City C. The roof was damaged by a typhoon in 2019. It was covered with blue sheets to prevent leaks.
When the construction section chief lifted the sandbags that had been holding the blue sheets, he stepped through the slates and fell to the ground 6.5 meters below. He was in a critical condition, unconscious for about three months. He is now conscious, but remains seriously ill.
The Industrial Safety and Health Act stipulates that when workers are required to work on slatted roofs where there is a risk of trampling, l footboards with a width of 30 centimeters or more or nets must be installed. The construction manager had brought walking boards to the work site, but they were not hoisted up on the roof and there were not enough of them.
The victim was wearing a safety belt around his waist, but the belt was not tied to the main rope and could not be used.
The Chiba Labor Standards Inspection Office said, “Roof repair work has been increasing due to last year’s typhoon. There are still many roofs that have not been repaired due to a shortage of workers, so we hope that proper measures will be taken to prevent danger.
[Sent to public prosecutors on June 30, 2020]

(5) Worker crashes after failing to partially tighten safety belt

The Nagasaki Labor Standards Inspection Office filed charges with the Nagasaki District Public Prosecutors Office against a formwork construction company A (City B, Nagasaki Prefecture), and its foreman for failing to take measures to prevent falls, in violation of Article 21 of the Industrial Safety and Health Act (measures to be taken by businesses, etc.). A worker fell to the ground and sustained serious injuries, including a traumatic brain hemorrhage.
The industrial accident occurred on July 27, 2019, at the construction site of a new 17-story condominium building in City B, Nagasaki Prefecture.
[Sent to public prosecutors on May 22, 2020]

(6) Worker dies after falling 10 meters to his death from a height of 10 meters without a walkboard.

The Higashi-Osaka Labor Standards Inspection Office filed charges with the Osaka District Public Prosecutors Office against construction company A (City B, Osaka Prefecture) and its representative director on suspicion of violating Article 21 of the Industrial Safety and Health Act (measures to be taken by businesses, etc.) for failing to take measures to prevent crashes. A worker fell to his death in the accident.
The occupational accident occurred on November 21, 2018, during roof repair work on a factory building in C City, Osaka Prefecture. A worker repairing a roof covered with slate material stepped through the slate material and fell 10.3 meters to his death. The company was suspected of not having installed walking boards at the time of the work, and of having only partially covered the roof with netting.
According to the Higashi-Osaka Labor Standards Inspection Office, the company said the reason for the violation was that it had rushed the construction because the deadline was approaching.
[Sent to public prosecutors on May 22, 2020]

(7) Worker falls 5.6 meters to the ground from the roof

The Wakayama-Shingu Labor Standards Supervision Office filed charges with the Wakayama District Public Prosecutors Office, Shingu Branch against Company A (City B, Wakayama Prefecture) and its representative director for violation of Article 21 of the Industrial Safety and Health Act (measures to be taken by businesses, etc.) in connection with an industrial accident that occurred in November 2022.
The company was suspected of failing to provide enclosures, handrails, or covers when allowing workers to remove thatch from the roof of a two-story wooden house 5.6 meters above the ground at a demolition site in B City. A worker fell to the ground and was injured.
[Sent to public prosecutors on June 1, 2020]

(8) Wood contractor arrested for failing to take measures to prevent falls

The Nayoro Labor Standards Supervision Office in Hokkaid? filed charges with the Nayoro Branch of the Asahikawa District Public Prosecutors Office against Company A (City B, Hokkaido), a wooden house construction company, and its on-site representative for violation of Article 20 of the Industrial Safety and Health Act (measures to be taken by businesses, etc.) in connection with an industrial accident that occurred in October 2019.
The company was suspected of failing to take measures to prevent falls at a construction site in City B by failing to provide handrails for workers who were working at a height of 3.5 meters from the ground, and allowed them to use an erected walkway.
[Sent to public prosecutors on March 24, 2020]

(9) Construction contractor prosecuted for failing to take measures to prevent accident causing paralysis after 20-year-old worker falls

The Saitama Labor Standards Inspection Office filed charges with the Saitama District Public Prosecutors Office against a construction company A (Ward B, Tokyo) and the company’s site manager for failing to take measures to prevent danger. A 20-year-old male worker fell during work and sustained a cervical spine injury that left him paralyzed from the lower half of his body.
The worker was carrying construction materials at a new wooden house construction site in City C, Saitama Prefecture, on November 10, 2018. He stepped off the edge of the work floor on the second floor of the house and fell 3.6 meters down. The company was suspected of not having installed a safety net to prevent him from falling and of not allowing him to use a safety belt. According to the Saitama Labor Standards Inspection Office, the reason for the violation was that the company prioritized work in order to proceed quickly, even though it knew the work was dangerous.
[Sent to public prosecutors on March 17, 2020]

(10) Company prosecuted for having a 16-year-old worker work at height causing serious injuries to a juvenile in a fall

The Tajima Labor Standards Inspection Office in Hyogo Prefecture filed charges with the Kobe District Public Prosecutors Office against the representative of A, a second-tier subcontractor for demolition work in City B, Hyogo Prefecture, for allowing a 16-year-old worker to work on a scaffold floor more than 5 meters high, in violation of Article 62 of the Labor Standards Act (Restriction of Work in Hazardous Work). The 16-year-old worker fell from the work floor and injured his thoracic spinal cord.
The industrial accident occurred at a house renovation construction site. The representative was suspected of allowing a 16-year-old worker to work on scaffolding more than 5 meters above the ground and failing to provide equipment to be used for climbing up and down. According to the law, workers under the age of 18 are not allowed to work at a height of 5 meters or more where there is a risk of falling.
In addition, as the principal contractor, company C (City D, Hyogo Prefecture) and its on-site representative were sent to prosecution for violation of Article 31 of the Industrial Safety and Health Law (measures to be taken by the orderer) for failing to provide safe lifting equipment in spite of the fact that the height of the area exceeded 1.5 meters.
[Sent to public prosecutors on February 14, 2020]

(11) Construction company arrested for removing handrail and causing fall

The Ibaraki and Tsuchiura Labor Standards Inspection Offices filed charges with the Mito District Public Prosecutors Office against Company A (City B, Ibaraki Prefecture) and its president for violation of Article 20 of the Industrial Safety and Health Act (measures to be taken by businesses, etc.) for failing to take measures to prevent falls during construction work at a can manufacturing plant.
The industrial accident occurred in March 2019 in a can manufacturing plant in City B during installation work of an overhead crane. The employee fell from a scaffold four meters above the ground, and became unconscious and in critical condition. It was suspected that handrails and intermediate rails had not been installed to prevent the employee from falling.
At one time, the company had installed handrails that did not meet regulations, and had removed them from the scaffold because they were an obstacle to the installation work.
[Sent to public prosecutors on March 19, 2020]

(12) Company prosecuted for failure to provide scaffolding with a working floor

The Nishinomiya Labor Standards Inspection Office in Hyogo Prefecture filed charges with the Kobe District Public Prosecutors Office against a sole proprietor A (Ward B, Osaka City, Osaka Prefecture) for failing to take measures to prevent falls, alleging violation of Article 21 (Measures to be taken by business operators, etc.) of the Industrial Safety and Health Act. In October 2019, an industrial accident occurred in which a worker fell to his death.
The accident occurred at a private home exterior painting job site in Takarazuka City. It is suspected that the company failed to take measures such as providing scaffolding with a working floor when allowing workers to paint on horizontal log-hugging scaffolding set up on an exterior wall that was 2.3 meters above the ground.
[Sent to public prosecutors on February 6, 2020]

(13) Company prosecuted for failure to set up a walk-board for work-related accidents resulting in death caused by stepping through a slate roof

The Kagoshima Labor Standards Inspection Office filed charges with Kagoshima District Public Prosecutors Office against Company A ( City B, Kagoshima Prefecture), a scaffolding temporary construction company, and its site supervisor for violation of Article 21 of the Industrial Safety and Health Act (measures to be taken by businesses, etc.) in connection with a fatal industrial accident that occurred in May, 2018.
Despite the fact that there was a risk of falls from stepping through slates, the company was suspected of failing to take such risk-prevention measures as installing a 30-centimeter-wide step board and netting.
The industrial accident occurred in a building at a fertilizer plant in City C. Four workers were assembling scaffolding on a slate roof at a height of 10.5 meters from the ground when one of them fell through the roof to the concrete floor.
According to preliminary figures on work-related accidents involving four or more days of absence from work that occurred in Kagoshima Prefecture between January 2019 and December 2019, 341 of the 1,840 work-related accidents were caused by falls.
[Sent to public prosecutors on February 19, 2020]

(14) Temp worker files charges against representative of affected construction company

The Kitami Labor Standards Inspection Office in Hokkaido filed charges with the Kushiro District Public Prosecutors Office, Kitami Branch against the representative A (of a construction company in City B, Hokkaido) for violation of Article 21 of the Industrial Safety and Health Act (measures to be taken by businesses, etc.) in connection with an industrial accident that occurred in June 2019. A worker who was dispatched to work for the representative and engaged in scaffolding assembly work was hit by falling materials and had to take a seven-month leave of absence.
The industrial accident occurred at a construction site in Town C, Hokkaido. The company was suspected of neglecting to take measures to prevent danger from falling objects, such as setting up an entry zone.
[Sent to public prosecutors on February 7, 2020]

(15) Company charged with workplace accidents involving fall from roof

The Nishiwaki Labor Standards Inspection Office in Hyogo Prefecture filed charges with the Kobe District Public Prosecutors Office against the sole proprietor A (County B, Hyogo Prefecture) for failing to take measures to prevent falls at a roof painting work site, in violation of Article 21 (measures to be taken by businesses, etc.) of the Industrial Safety and Health Act. In April 2019, an occupational accident occurred in which a worker sustained a serious injury.
The accident occurred at a construction roof painting site in County B. The worker was grinding roof steel sheets using a hand-held grinder on the roof approximately 3.5 meters above the ground when he fell. The roof had a 41-degree slope.
The sole proprietor was suspected of failing to take measures to prevent the fall, such as installing scaffolding.
[Sent to public prosecutors on December 10, 2019]

(16) Painting contractor is charged for failing to provide handrails on scaffolding

The Saga Labor Standards Inspection Office filed charges with the Saga District Public Prosecutors Office against company A (City B, Saga Prefecture) and its representative director for violation of Article 20 (measures to be taken by businesses, etc.) of the Industrial Safety and Health Act in connection with an occupational accident that occurred in September 2019, resulting in four or more days of lost work time. On September 25, 2019, the company was suspected of failing to provide handrails and other fall prevention measures when having workers work on scaffolding 4.4 meters above the ground at a painting work site in City B.
The injured worker was cleaning with a high-pressure washer, a preliminary stage of the painting work, when he fell from the scaffold and sustained serious injuries. He was still off work as of the day of filing the charges, according to the Saga Labor Standards Inspection Office.
[Sent to public prosecutors on January 28, 2020]

(17) Private business owner charged for no middle rails and handrails

The Shimane and Masuda Labor Standards Inspection Offices filed charges with the Matsue District Public Prosecutors Office, Masuda Branch against a representative A (City B, Shimane Prefecture) for failing to take measures to prevent falls, alleging violation of Article 20 of the Industrial Safety and Health Act (measures to be taken by businesses, etc.). In November 2028, a worker employed by the representative suffered a serious injury in an occupational accident.
The industrial accident occurred at a roof replacement and remodeling work site for a private residence. The worker was removing roof tiles on the second floor roof when he fell from the edge of the roof, which was 4 meters 83 centimeters above the ground.
Despite the risk of a fall, the representative failed to take measures such as installing middle rails and handrails at the edge of the roof and on the overhead stairs.
[Sent to public prosecutors on January 7, 2020]

(18) Electrical equipment contractor arrested for failing to install scaffold which caused fatal fall

The Saitama Labor Standards Inspection Office filed charges with the Saitama District Public Prosecutors Office against a facility construction company A (Ward B, Tokyo) and the company’s site manager on suspicion of violating Article 21 of the Industrial Safety and Health Act (measures to be taken by businesses, etc.) for failing to take measures to prevent falls. Although the company had electrical cables installed at a height of more than 2 meters, it did not have scaffolding installed.
The installation work was performed in an underground parking lot. The worker was working on a stepladder with both feet on the stepladder. An electrical cable that was being installed fell toward the worker, and the length and weight of the cable caused him to fall from the stepladder. The worker hit his head and died. There were no handrails to prevent the worker from falling, and he was not wearing a helmet.
Article 518 of the Ordinance on Industrial Safety and Health states that when a business operator performs work at a height of 2 meters or more, it must provide work floor such as scaffolding. The company was suspected of not having installed a work floor or other fall-prevention measures, despite working at a height of 2 meters 2 centimeters.
According to the Saitama Labor Standards Inspection Office, handrails, simple scaffolding, and rolling scaffolding would have prevented the worker from falling.
[Sent to public prosecutors on November 26, 2019]