Five years ago in the summer, my husband suddenly collapsed and died while working in the hot sun.
However, because her overtime hours did not reach the so-called "death from overwork" line, she was not recognized as an industrial accident.
According to the certification standards for work-related accidents that the government revised two years ago, if there is a burden on the working environment other than overtime hours, it will be recognized as a work-related accident.
Harsh work under the scorching sun may meet new standards.
Her wife has filed a lawsuit seeking workmen's compensation.
(Osaka Broadcasting Station reporter Muneaki Takeuchi)
A family-loving husband who died suddenly
Hideyuki Masunouchi (44 years old at the time) worked for a construction company in Hyogo Prefecture.
Five years ago in August, when he was working on the floor of a veranda at a housing construction site in Hyogo Prefecture, he suddenly developed a subarachnoid hemorrhage and collapsed. later died.
He was a father of three children, and was said to be serious, kind, and family-oriented.
Hideyuki Masunouchi's wife
"I only have one day off a week, and if it were true, I would have wanted to relax at home, but I went fishing and going to the zoo with my children. The youngest child is still I was young, so I think I regretted leaving my children behind
. ”
Mr. Hideyuki said that he took pictures of children rather than himself.
He said he didn't have many pictures of himself.
“Not reaching the karoshi line” Workers’ compensation is far away
Hideyuki's wife thought he died because of work.
She asked the Labor Standards Inspection Office for work-related injury, but was denied.
The reason was that her overtime hours did not reach the "karoshi line".
After that, in September of the year before, the Ministry of Health, Labor and Welfare revised the criteria for certification of workers' compensation.
Even if the death from overwork does not reach the "death from overwork" line, if there is a situation close to that, and if there is a burden on the work environment, etc., we will comprehensively judge and certify it as an industrial accident.
Therefore, the wife filed a request for reexamination with the National Labor Insurance Examination Board, but said, "It was recognized that there was a load factor that should be noted, within the range that is generally assumed for an outdoor work environment in summer. I was dismissed again last year as no.
Mr. Masunouchi's wife:
"I thought that the fact that my husband worked in a hot environment was included in the new certification criteria, so it's disappointing that it still didn't work. It's disappointing, or rather, I wonder what I should do.
The fact that my husband had been working under the scorching sun for days on end might fit the new certification criteria for workmen's accidents.
Her wife has filed a lawsuit against the government in the Osaka District Court, seeking recognition of workers' compensation.
Overtime work was close to 80 hours per month, and the temperature was well above 30 degrees Celsius every day, and the heat reflected off the floor, etc., made the work outdoors extremely hot. I argue that it does.
Mr. Masunouchi's wife:
"Even though it was hot, I had to wear work clothes and work, so I think it was really hard. I don't want my husband's death to go to waste. I want you to"
Revision of standards for the first time in 20 years Will recognition of work-related injuries spread?
The criteria for recognizing death from overwork were revised to respond to the diversification of work styles and changes in the workplace environment.
It was the first revision in about 20 years.
Until now, overtime hours have been ▽ more than 100 hours in the month before the onset of illness, or ▽ over 80 hours per month on average for 2 to 6 months before the onset of illness. It is called the karoshi line.
In addition to this, under the revised standards, even if overtime hours do not reach the "death from overwork" line, there is a similar situation, and "burden factors other than working hours" such as work environment and irregular work hours are considered. ” will be comprehensively evaluated to determine the relationship between work and the onset of illness.
The aim of these revisions is to reflect the actual conditions and burdens of workers' work based on the judgment of workers' compensation.
In some cases, judgments are reviewed under the new standards
Regarding the new standards, there are cases in various places where the original judgment of the Labor Standards Inspection Office is being reviewed.
Regarding the death of an employee in charge of vehicle maintenance who worked for a major commercial vehicle manufacturer in Kyoto Prefecture eight years ago, the Labor Standards Inspection Office reviewed its judgment at the time that it did not recognize it as an industrial accident in June last year. It turned out to be recognized as a worker's accident.
Men's overtime hours did not reach the so-called "death from overwork line", but in addition to the average overtime hours of 77 hours per month, there were also tasks such as washing a car with high-temperature steam without an air conditioning system. The worker's accident was recognized as overwork that resulted in significant accumulation of fatigue.
In Aichi Prefecture, last year, the Aichi Labor Bureau canceled the Labor Standards Inspection Office's decision that a male employee of a health facility who died four years ago was not considered an industrial accident.
Although the man did not reach the "death from overwork" line, the labor bureau determined that he had been working continuously without days off, and that it was "especially excessive work that caused significant accumulation of fatigue." rice field.
There are cases where the judgment is reviewed in various places, but the wife's lawyer points out that by accumulating such judgments, the operation of the new standards will become a reality.
Lawyer for the plaintiff:
``The standard has changed, but in practice, will it be operated in the same way as before? I believe that the question is whether to certify
The focus is on whether “load factors” other than working hours can be recognized
Mr. Hideyuki was working while the temperature exceeded 30 degrees every day, wearing a long sleeve and a helmet.
The work on the veranda is extremely hot due to the reflection of the light from the floor, and it is said that one of his co-workers testified that "the workshop can reach 50 degrees or more."
In this trial, the focus will be on whether such "temperature environment" can be recognized as a "load factor" other than the working hours of the industrial accident standard.
Mr. Masunouchi's wife
"Of course my husband is, but I think there are many people in the same position, so I want more people to change. It would be nice if as many people as possible could be saved. I think.”
Regarding this complaint, the government said, “We have not received the complaint yet and cannot comment.”
Future judicial decisions will be watched as to whether the new standards for recognizing karoshi are being carefully applied based on the actual working styles of each person.