Expansion of Mandatory Stress Checks
The revised Industrial Safety and Health Act, promulgated on May 14, 2025, extends mandatory workplace stress checks from businesses with 50+ employees to all workplaces regardless of size.
Currently, about 80% of Japanese workplaces have fewer than 50 employees. For these businesses, stress checks were only an "effort obligation" with low implementation rates. Rising mental health issues and turnover in small businesses prompted the legislative change.
When Does It Take Effect?
The enforcement date is set as "a date designated by Cabinet Order within 3 years of promulgation," meaning enforcement is expected by around May 2028 at the latest.
| Timeline | Details |
|---|---|
| May 14, 2025 | Revised law promulgated |
| February 2026 | MHLW publishes small workplace implementation manual |
| 2026–2027 | Awareness and preparation period |
| Around 2028 | Enforcement (all workplaces) |
Businesses have approximately 2 years to prepare.
Stress Check Basics
What Is a Stress Check?
A stress check is an assessment of workers' psychological burden using a standardized questionnaire (typically 57 items). Workers identified as high-stress are encouraged to receive a doctor's consultation.
Implementation Flow
- Establish implementation structure: Designate practitioners (doctors, public health nurses) and administrative staff
- Distribute questionnaires: At least once per year to all employees
- Notify results: Directly to the individual (employers cannot access results without consent)
- Support high-stress workers: Encourage doctor consultations
- Improve workplace environment: Use aggregate analysis to drive improvements
Who Is Covered?
All regularly employed workers are covered, including part-time workers whose weekly hours are at least 75% of full-time.
How Small Workplaces Should Prepare
The Occupational Physician Gap
Workplaces with 50+ employees must appoint an occupational physician, but smaller ones need not. Since stress checks require a medical practitioner, outsourcing is the practical solution.
| Option | Details | Cost Estimate |
|---|---|---|
| External service providers | Web-based questionnaire + doctor consultation package | ¥100–500 per person |
| Regional Occupational Health Centers | Free government support service | Free |
| Combined with health checkups | Stress check alongside regular physical exams | ¥1,000–3,000 per person |
Reporting Exemption
Small workplaces (under 50 employees) are expected to be exempt from reporting to the Labor Standards Office, though the obligation to conduct stress checks remains the same.
MHLW Manual
The Ministry of Health, Labour and Welfare published the "Small Workplace Stress Check Implementation Manual" on February 25, 2026, providing step-by-step guidance and templates.
Privacy Protection
Privacy is critical in the stress check system:
- Results cannot be shared with employers without employee consent
- Small workplaces require extra care as individuals are more easily identifiable
- Adverse treatment based on results (dismissal, reassignment) is prohibited
- Administrative staff are bound by confidentiality obligations (violations carry penalties)
Current Penalties
Under the existing system (workplaces with 50+ employees):
- Failure to report to the Labor Standards Office: Fine up to ¥500,000
- Confidentiality breach: Up to 6 months imprisonment or fine up to ¥500,000
Similar penalties are expected to apply to smaller workplaces after expansion.
What to Do Now
For Employers and HR Managers
- Assess: Count all employees including qualifying part-time workers
- Budget: Allocate ¥100–3,000 per person for external services in upcoming budgets
- Select providers: Research outsourcing options or contact your Regional Occupational Health Center
- Communicate: Prepare to explain the purpose and process to employees
- Update policies: Develop rules for handling stress check data
For Employees
- Participation is voluntary (cannot be forced)
- Results are shared only with you, not your employer
- If identified as high-stress, you decide whether to seek a doctor's consultation
- Legal protection prohibits any adverse treatment based on your results
Although enforcement is still some time away, mental health measures directly impact both employee well-being and business productivity. Starting early — even before the mandate — is strongly recommended.
