CMNT_TITLE

Labour Inspection Convention, 1947 (No. 81) - Israel (RATIFICATION: 1955)

Other comments on C081

Observation

Direct Request

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Referring to its observation, the Committee wishes to raise the following additional points.

Article 4 of the Convention. Labour inspection system. The Committee notes the indication in the report on the activities of the Occupational Safety and Health (OSH) Administration of 2011 (submitted with the Government’s report) that the OSH Administration was formerly the Department of Labour Inspection. The Committee requests that the Government provide a copy of any legislative text on the establishment of the OSH Administration, and provide information on its organization and functioning, including an organizational chart. Noting that all inspection visits of the OSH Administration focus on occupational safety and health related topics, the Committee also requests that the Government provide information on the competent authority responsible for inspections concerning other conditions of work, such as hours, wages and the employment of children and young persons.

Articles 3(1)(b) and 14. Preventive activities in the field of occupational safety and health (OSH). Construction sector. The Committee notes the Government’s statement that the construction sector has been identified as the most dangerous one and that the OSH Administration has carried out focused inspection operations in this sector, as well as joint enforcement measures with both inspectors and investigators from the unit for investigating work accidents and occupational diseases. Additional measures taken include a media campaign aimed at preventing falling accidents, the development of standards related to training for construction managers, the introduction of regulations requiring a workplace safety management plan and enhanced enforcement through an increase in the application of monetary fines and sanctions. The Committee also notes the information in the reports of the OSH Administration, provided by the Government, that the number of fatal accidents increased (from 42 in 2009, to 52 in 2010 and 64 in 2011), with more than half of these accidents taking place in the construction sector. The Committee accordingly urges the Government to pursue its efforts to ensure that the construction sector is inspected effectively, and to continue to provide information on the measures taken in this regard. It requests that the Government provide statistical data on inspection visits in the construction and the outcomes of these inspections, as well as industrial accidents in this sector.

Articles 5(a), 17 and 18. Cooperation with the justice system, legal proceedings and adequate penalties. The Committee notes the Government’s statement that out of 110 reported offences in 2009, five indictments were submitted, nine fines were imposed and four convictions were secured. In addition, the Government indicates that the OSH Administration carries out occasional meetings with criminal attorneys to promote cooperation, it maintains full cooperation with the prosecution department of the Ministry of the Economy and it has also held seminars on work safety legislation for attorneys and judges. The Government states that the OSH Administration is aware of the need to strengthen its relationship with these bodies. The Committee also notes from the Government’s report submitted under the Labour Administration Convention, 1978 (No. 150), that the Law for Increased Enforcement of Labour Laws, adopted in 2011, introduces an administrative procedure that allows for the issuing of administrative warnings or the imposition of financial sanctions on employers. The intention of this Law is to make it possible to focus criminal enforcement on the most severe violations and breaches of labour legislation, alongside rapid and effective handling of less serious breaches by means of the new administrative enforcement tools. The Committee requests that the Government provide further information on the measures taken or envisaged to promote effective cooperation between the OSH Administration and the justice system, and to continue to provide information on the outcome of reported offences (number of convictions in relation to the infringements reported and nature of sanctions applied). It also requests that the Government provide information on the impact of the Law for Increased Enforcement of Labour Laws, as well as relevant statistics on the application of this Law in practice, including the number of financial sanctions imposed and administrative warnings issued.

Articles 20 and 21. Publication of an annual labour inspection report. The Committee notes the Government’s statement that it has created a mechanism for the publication of the annual labour inspection report and that it publishes the annual report of the OSH Administration on its website. The reports of the years 2010 and 2011, submitted with the Government’s report, contain statistical information on the OSH Administration’s staff, the number of inspection visits, the number of accidents by branch and the value of the fines imposed. The Government indicates that the reports for 2012 and 2013 are under preparation. The Committee encourages the Government to take measures to ensure that the annual reports of the OSH Administration are published within the time limits prescribed by Article 20 of the Convention. It also requests the Government to ensure that such reports contain complete information on all the subjects listed in Article 21(a)–(g), including the number of workers employed in workplaces liable to inspection, as well as data on the violations detected and the number and nature of the penalties imposed.