Case Ditails

Scenario
Case Name The foreigner (illegal worker) overturned at the construction site and he received the weight of the frame scaffold, and he died.
Pictograph
Date March 2, 2003
Place Kawasaki City, Kanagawa Prefecture
Location The construction site in Kawasaki City
Overview This accident involved the frame scaffold which was put temporarily overturned during demolition work of the outside frame scaffold at the construction site in Kawasaki City, and a worker (illegal foreign worker) who was arranging the materials got his head stuck between cloths boards piled up nearby. This case is not dealt as the failure case of the overturned frame scaffold, and this case is analyzed with a focuse on the fact that the victim was a foreign worker living illegally in Japan.
Incident * After the accident, it became clear that the victim was a foreigner pretending to be a Japanese, which was verified by the police.
* It also became clear that the victim had entered Japan on a visa and he had worked beyond the permitted period to stay. (The permitted period to stay was 3 weeks, his stay in Japan was for 6months.)
* After the accident, it turned out that the victim was a foreigner, but it is unbelievable that other workers did not notice this fact in spite of the fact that they had been together for 2 months.
Sequence * The victim visited A Company and he gave the Japanese name, and he hoped for employment.
* Though A Company thought he had an accent in the employment interview, it did not recognize him as a foreigner, and adopted him.
* The victim had lived in the lodge of A Company while employed there.
* The accident occurred after the victim had worked for about 2 months.
* As the accident compensation, industrial injury insurance was applied, on the view of Labor Standards Inspection Office.
* Identification of the victim was carried out with the cooperation of concerned bodies in Japan.
* The procedure to transfer the remains was decided by the South Korean consulate in Japan.
* A company went to Korea in order to deliver the remains and to explain the situation of the accident and the content of compensation.
Cause * The cause of the accident is that the wire of the whirling crane got stuck on the frame scaffold, and the worker tumbled when he pulled the dismantled frame scaffold down and put it on the ground temporarily.
* In spite of the fact that the chief of the demolition work of the scaffold directed the victim to move to another place because where he was working was dangerous, he did not move since he could not understand the language sufficiently. This is the human and management factor of the accident.
* In addition, the error (failure) of the company which employed the worker who was not qualified to work in Japan was a problem which was deficient in the basis of the safety management.
Countermeasures * It is necessary for companies to make identity confirmations at least by documents such as National Health Insurance card when hiring a worker, even if it is for the short period of employment.
* When a foreigner wants to be employed, it is necessary to confirm his or her passport and visa, and to confirm whether he or she is qualified to work in Japan.
Knowledge Comment * Though the foreigner who hoped for employment while pretending to be Japanese could give out a simple Japanese name and could speak a few greetings in Japanese, he could not understand the matters which were discussed in safety meeting.
* A foreign (illegal) worker who cannot understand the information is a very dangerous factor even if he has experience and physical fitness as a construction worker.
Background * Illegal entry and illegal stay and illegal work of foreign people for the purpose of receiving a high income and a high wage in Japan are the unending phenomenon.
* The construction site is the work place where it is relatively easy for foreign people to work illegally.
* The crimes of the foreign people who enter and stay illegally has become a social problem.
Sequel * Though the application of industrial injury insurance to the victim is accepted, there are not always required vouchers (expulsion transcript, residence certificate, certificate of seal-impression, certificate of funeral, and so on) for the application procedure in a system of foreign countries. The company is to go through the application procedure for compensation in place of the victim, and it has to understand the complicated circumstances.
* The company has to translate all of the vouchers and submit them.
* The communication (between nations) with the family of the victim is not easy.
* It is not easy either to obtain the understanding (private settlement etc.) of the accident situation and the compensation relationship.
* The representatives of the bereaved family have to come to Japan, as asked to make identity confirmations.
* The cooperation of concerned bodies in Japan is essential, but there is not always such organization nearby.
Incidental Discussion * Though the victim failed in the business in his country and came to Japan and left the debt, he was to liquidate the debt by the compensation and left the legacy to his family.
Reason for Adding to DB * To build warm friendships between nations
Scenario
Primary Scenario Misjudgment, Misperception, Ignorance, Insufficient Knowledge, Malicious Act, Rule Violation, Incorrect Reaction, Self Protection, Bodily Harm, Death
Sources experience by himself
Number of Deaths 1
Number of Injuries 0
Physical Damage It is slight.
Financial Cost It has not been measured yet.
Economic Loss It has not been measured yet.
Consequences There was no report in the media.
Field Civil Engineering
Author NONAKA, Tadashi (Japan Civil Engineering Contractors' Association)
Scenario