Liberal Japan

Fresh Opinion:

2007/06/22 — Reading the news this morning the biggest question is if any one violated the law. I’m guessing that in an obvious sense, no one did. There’s probably no law that was specifically broken. Analysts are saying that spa safety measures are a weak spot in government regulation. So there probably was no specific criminal negligence. To build a case I think the police would have to show there were clear industry safety standards that weren’t being followed, but that might not even be the case. Now, as long as the company was following the law, do they bear some kind of responsibility for what happened? Should the government bear responsibility for not having had safety laws in place? I’m guessing that safety laws encourage unscrupulous businesses owners to only follow the letter of the law, while self-regulation actually encourages real compliance to promote safety. Let’s see what happens …

Most Recent News:

• 2007/06/22 Bad ventilation seen behind spa blast, The Yomiuri Shimbun; “A faulty vent in the basement of an annex of the Shiespa spa facility in Shibuya Ward, Tokyo, is believed to have failed to expel methane gas, causing Tuesday’s deadly explosion, it has been learned. …The MPD searched 10 locations on suspicion of professional negligence resulting in death and injury Wednesday. … In the basement of the annex, water, pumped from the source of a hot spring about 1,500 meters underground, passed through a gas separator to remove methane. The water was then stored in a tank and, after methane gas was removed again, pumped to the spa in the main building. … Until the water was transferred to the main building, all processes were conducted in the highly-confined basement of the annex. In addition to pipes for methane removal that were part of the gas separator and the water tank, there was a ventilator above the water tank for expelling the gas outside. The MPD’s inspection Wednesday found areas near the gas separator and the water tank had suffered the most severe damage. The MPD concluded the explosion occurred after methane filled these areas. If the ventilator had worked properly, the gas would not have filled the areas to the point of causing an explosion, according to the police. In the basement of the annex, no methane detector alarm was installed. …The MPD suspects the firms involved did not recognize the importance of properly maintaining the ventilation devices.”
• 2007/06/21 Spa blast probe turns up no gas detector, The Japan Times; “The annex of a women-only spa facility in Tokyo’s Shibuya Ward that was destroyed Tuesday in an explosion, killing three women and injuring eight people, was probably not equipped with a gas detector, police said Wednesday. Sources said equipment to separate and release into the atmosphere methane that rises with hot water when the water is piped from 1,500 meters underground probably had not been checked since the spa opened in January 2006.”
• 2007/06/21 Company raided over Shibuya spa blast; lack of gas detector suspected, Japan Today; “Police said they suspect no gas detectors were installed at the spa facility Shiespa, which drew hot spring water from underground that is accompanied by natural gas.”
• 2007/06/21 Studies point to methane explosion at Shibuya spa, The Asahi Shimbun; “A high density of carbon monoxide was detected just after the explosion at a hot spring spa in Tokyo, strengthening speculation that an accumulation of methane gas caused the disaster, sources said.”
• 2007/06/21 Offices searched over deadly blast at spa, The Asahi Shimbun; “Police on Wednesday searched 10 locations in connection with the explosion at a hot spring spa in Tokyo’s Shibuya Ward that killed three female workers and injured three others. …Spa facilities in operation are not required to install gas detectors. Sangu’s president said gas was not included in the items to be inspected. …Analysts said gas-related safety measures for spa facilities have been a weak spot in government regulations. The Tokyo metropolitan government, for example, compiled a set of safety guidelines on gas drilling following a fire in Kita Ward in 2005. But the metropolitan government does not have specific measures to confirm safety measures after the drilling is completed and the spa facilities are opened. When Unimat Beauty and Spa applied to drill for hot spring water for Shibuya Shoto Onsen Shiespa in 2002, the company said in the registration document submitted to the metropolitan government that it would install a gas separator. But the metropolitan government did not check whether the gas separator was installed during a pre-opening inspection, officials said. In addition, it is not clear which government ministry is responsible for safety measures to prevent gas explosions.” This makes is sound weak if there is to be a criminal case. Moreover, the assumption seems to be compliance with law is all that counts. This is because of apathetic attitude towards self-regulation. Why bother if the government will do it.

Previous Opinion:

2007/06/21 — It’s not clear if there was any criminal neglect here. It may just be a case where the problem was never really anticipated and subsequently prepared for. What’s obvious to everyone now is that it should have been. If criminal charges are brought to bear, I hope this isn’t just a matter of finding someone to sacrifice because of a public outcry. Personally, I would argue the government should not even be involved in regulating the spa industry. Let the industry regulate itself. Underwriters Laboratories or UL is a good example of how this could work. Smart people would only go to spas that have a seal of approval from some self-regulating organization.

Previous News:

• 2007/06/21 Shibuya spa not fitted with methane detector, The Yomiuri Shimbun; “The annex of the Shiespa spa facility destroyed in a huge explosion Tuesday, that killed three female employees, was not fitted with a methane detector, and the risk of methane exploding may have been overlooked at the facility’s design stage, according to the Metropolitan Police Department.” Were the spa owners criminally negligent?
• 2007/06/21 Dad of spa explosion victim expresses grief, The Yomiuri Shimbun; Various heart wrenching stories.
• 2007/06/21 Firms deny responsibility for spa blast, The Yomiuri Shimbun; “The management company and firms commissioned to carry out maintenance at the Shiespa spa facility are both denying responsibility for checking on the natural gas believed to have caused an explosion that killed three people Tuesday.” It may be that sadly no one ever anticipated such a problem, even if they should have. Seriously, the accident may only represent a lack of imagination.
• 2007/06/20 Tokyo metropolitan government to check safety at all hot spring spas, The Asahi Shimbun; “The Tokyo metropolitan government Wednesday started examining the safety conditions of the capital’s 150 or so hot spring facilities in the largely unregulated field, officials said.”
• 2007/06/20 Gas levels not checked at Shibuya spa, The Asahi Shimbun; “The annex of a spa facility in Tokyo’s Shibuya Ward destroyed in an explosion Tuesday that killed three female workers was not equipped with a gas detector, police found Wednesday.”
• 2007/06/20 Explosion in Tokyo ‘onsen’ kills 3, injures 3,The Asahi Shimbun; First report of explosion at the Asahi.
• 2007/06/20 3 killed in Tokyo spa explosion,The Yomiuri Shimbun; Initial report of the explosion from Daily Yomiuri.