Japan court orders firm to pay $323,000 over welder’s heatstroke death in Saudi Arabia

KITAKYUSHU — The district court here on Feb. 13 ordered a Yokohama-based ship repair company to pay some 48.68 million yen (about $323,000) in damages to the mother of a welder who died of heatstroke during a business trip to Saudi Arabia in 2013.

The mother of the welder, who was in his 30s at the time of his death, filed the lawsuit against Shinsei Kogyo Co. and its management and sought approximately 63.53 million yen in compensation, claiming that his employer failed to fulfill its duty of providing care for his safety.

Presiding Judge Takahiko Teragaki of the Kokura branch of the Fukuoka District Court ruled that the company should have taken thorough measures to prevent heatstroke, and ordered it to pay compensation.

According to the ruling, the man was ordered to travel to Saudi Arabia and was engaged in welding repair work for a dredging vessel outdoors from Aug. 17, 2013. Around Aug. 19, he complained of poor health, including loss of appetite, and received treatment at a hospital, but died on Aug. 29.

Teragaki pointed out that the temperature on the deck of the ship where the man was working was considered to have been at least 35 degrees Celsius and as high as around 38 C, and that the “heat index” (WBGT value) calculated from the temperature and humidity was at the “dangerous” level even for daily life, indicating that his work environment was one in which the risk of developing heatstroke was sufficiently high.

Based on the doctor’s opinion and other factors, the court concluded that the man’s death was caused by heatstroke and that his workplace “should have measured the WBGT value or at least obtained the value by measuring the temperature and relative humidity and thoroughly implemented measures to prevent heatstroke as stated in the notice (from the Ministry of Health, Labor and Welfare and other bodies).”

At a press conference following the ruling, lawyer Taku Furukawa, representing the bereaved family, said, “It is still rare to find a judicial decision in which an employer is found liable for damages in a work-related fatal incident caused by heatstroke. The court’s decision will serve as a reference for the future, as it shows what preventive measures employers should take.”

On the other hand, the ruling did not recognize management’s responsibility. In a comment issued by the man’s mother, a resident of Kitakyushu, through her lawyer, she said, “If the management, which has not been proactively involved in safety measures, is found not to be responsible, more people may die like my son.”

(Japanese original by Akiho Narimatsu, Kyushu News Department)