The Tokyo District Court on Monday awarded 50,000 yen in damages to a municipal employee over passive smoking he suffered at his workplace, marking the first such ruling in Japan.

The court said the government of Edogawa Ward, one of the 23 wards that form the central Tokyo metropolis, failed to take sufficient safety precautions for the man, who had demanded around 300,000 yen in damages.

Presiding Judge Akio Doi said, "The ward government which oversees workplace facilities has an obligation to see to it that protection is provided for the life and health of the plaintiff from passive smoking."

In January 1996, the man presented the office with a medical diagnosis saying he would suffer deterioration in health if he remained in the same work environment. He was transferred three months later to another office with a designated smoking area, the ruling said.

"Leaving him unattended (for three months) is a violation of the (municipal government's) obligation to take safety precautions," the judge said.

The man got the job with the Edogawa municipal government in April 1995, where smoking is permitted, according to the ruling. The man complained of respiratory problems and pains in the neck and shoulders, saying it was due to passive smoking, it said.

The man requested through his supervisor that measures be taken to designate smoking areas. The ward government responded by installing ventilators at the workplace, but failed to take measures such as creating a smoking area or relocating his desk, the ruling said.

Source: Agencies