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The Committee notes the Government’s report covering the period ending in September 2006, and received on 16 September 2008. It would like to stress that reports due under article 22 of the Constitution of the ILO should cover the immediate previous two-year period.
The Committee also notes the “report form for the Labour Inspection Convention, 1947 (No. 81)” for 2006 and the email sent on 27 November 2008 by the Government containing corrections to the statistics on inspection visits. The Committee would like to draw the Government’s attention to the obligation contained in Articles 20 and 21 of the Convention to ensure that an annual report on the work of the labour inspection services is published and a copy thereof communicated to the ILO and asks the Government to take the necessary measures to give full effect to these provisions. It would also like to refer the Government to Paragraph 9(e) of Recommendation No. 81 for an appropriate breakdown of such information.
Article 3, paragraph 1(b), of the Convention. Preventive activities in the field of occupational safety and health. The Committee notes with interest the Government’s information regarding different activities and projects of the labour inspection division in order to prevent future accidents, such as investigations and analyses of accidents and, concerning the field of research, the conduct of a feasibility study of the codes of practice system in the field of safety and health at work (a comparative legal analysis of the codes of practice in several leading countries such as the United States, United Kingdom, Germany, Australia, New Zealand and the Common European Market) in order to examine the possibility of establishing and assimilating a code of practice system in the overall system of laws, ordinances and as part of the safety and health legislation in Israel. The Committee would be grateful if the Government would keep the ILO informed of the follow-up of the investigations and analyses of accidents, in practice, as well as of the feasibility study of the code of practice system.
Article 3, paragraph 1(c). Participation of the labour inspectorate in the improvement in labour legislation. According to the Government, the labour inspection division is constantly involved in updating, correcting and legislating laws, ordinances and procedures in the field of safety and health. It indicates a number of legal provisions that have been amended as a result of such involvement (provisions in relation to escalators, working conditions at heights; conditions when working with hazardous chemical substances in general as well as in medical, chemical and biological laboratories; conditions when working in a noisy environment and with ionizing radiation; conditions in construction work, and when using mechanized scaffoldings and tower cranes) as well as inspection organization ordinances (provisions concerning environmental monitoring and biological monitoring of employees using damaging materials and a safety plan). The Committee notes however that the laws and regulations referred to in the labour inspection report for 2006 have all been adopted or issued between 1945 and 1999. The Committee would be grateful if the Government would give details on the content of the amendments to the labour legislation adopted in 2006 and referred to in its report, and send copy of the consolidated texts in force.
Article 5(a). Cooperation with other governmental bodies and institutions. Cooperation with the justice system. The Committee notes that the information communicated by the Government in reply to its 2007 general observation calling for effective cooperation between the labour inspection services and the justice system rather reflects the structure and work of the labour inspectorate in the area of enforcement of law. The Committee would be grateful if the Government would provide particulars illustrating the manner in which the labour inspection services, on the one hand, and public prosecutors and courts, on the other hand, are encouraged to cooperate with a view to strengthening the credibility of labour inspectors among the employers and workers (meetings and seminars or courses aimed at mutual sensitizing for the common objectives, exchange of information, number of cases referred to justice, number and type of judicial penalties imposed, delay in the treatment and execution of decisions, etc.).
Cooperation with the legal department personnel of the Ministry of labour. The Committee notes with interest that legal consultants at the Ministry accompany the labour inspection division in its current activities and provide consultancy on administrative and criminal aspects for the purpose of securing the enforcement of the legal provisions relating to the protection of the health and safety of workers while engaged in their work and of investigating the effects of processes, materials and methods of work on the health and safety of workers. It holds the view that these consultants could indeed contribute to a better understanding and efficiency in the discharge of functions of the labour inspectorate (they could for instance analyse relevant judicial decisions in cases where they are published and consequently advise labour inspectors in assessing the extent to which the relevant legal provisions are applied in workplaces liable to inspection). The Committee would be grateful, if the Government would indicate the number of legal consultants at the Ministry and describe their function in the consultation of the labour inspection division as well as the content, frequency and extent of these consultations.
Also noting that, according to the Government, the legal department staff is always welcome to take part in conferences and seminars organized by the labour inspection and preventive action division, the Committee would be grateful if the Government would provide details on the manner, frequency and content as well as on the participants of conferences and seminars organized by the labour inspection division.
Article 16. Frequency of labour inspection visits in establishments. The Committee notes that in 2006 labour inspectors conducted 21,216 workplace inspections which represent an average of 342 visits per inspector. The Committee would be grateful, if the Government would indicate the reason for the decrease in the number of inspection visits compared to 2003 and 2004 and provide explanations for the discrepancy between the total number of inspection visits (50,426) mentioned in the report form for 2006 and the number of mere inspection visits indicated by electronic mail (21,216).
It again requests the Government to provide a detailed breakdown by type of workplace and by legislative field covered (for example, occupational safety and health, child labour, etc.) and indicate the ratio of workplaces covered in relation to the number of workplaces liable to inspection.
Articles 17 and 18. Legal proceedings and incentives aimed at ensuring observance of the legal provisions on occupational safety and health. Incentive measures. The Committee notes with interest that a “friendly enforcement”, based on an award system as opposed to an approach of heavy punishment has been launched and has shown a significant improvement in employee safety behaviour. The Government indicates that, for instance, the use of protective gear has increased and management of all factories has expressed great satisfaction as regards the project. The employee reward system was defined so that each employee receives good points. Any safety error committed by the employee will cause a deduction of a point. At the end of a defined period, a graph is composed, containing those employees who are still left with points, whereas any employee that loses points reduces his chances of winning. The shift manager who receives the least amount of remarks from the project management will receive a prize. A shift manager with many remarks will be documented and a report submitted to the factory management.
Legal proceedings. The Committee notes the information in reply to its direct request supplied by the Government according to which the prosecution department at the Ministry of Industry, Trade and Labour filed 18 indictments against occupational safety and health lawbreakers, and is involved in 21 criminal suits still in advanced legal processing. In relation to the number of convictions, it indicates that 13 administrative fines were issued, which amount in total to 330,000 new Israeli shekels (ILS) (US$88,880). In addition, it results from the annual inspection report form for 2006 that fines imposed by labour inspectors, amount to ILS31,400.
The Committee would be grateful if the Government would complement such information by also indicating the number of convictions and the ratio of convictions compared to the number of infringements reported by labour inspectors.
Referring to the abovementioned “friendly enforcement” system as an alternative to deterrent punishment of workers, the Committee asks the Government to indicate whether the expression “lawbreakers” used in its report is only aimed at employers or if also workers can be held accountable for not complying with safety and health provisions at the workplace and to provide related detailed statistics in this regard. It would be grateful, if the Government would also indicate the number and types of enterprises which have been taken part in the “friendly enforcement” project as well as the type of rewards offered to “good employees” in this context.
The Committee notes the Government’s report and the communication of annual inspection reports for 2003 and 2004.
Article 16 of the Convention. The Committee notes with interest that in 2004 labour inspectors conducted 36,631 workplace inspections, which represents, according to the inspection report supplied, the considerable average of 564 visits per inspector. It would be grateful if the Government would provide a detailed breakdown in its next report of the inspections by type of workplace and by legislative field covered (for example, occupational safety and health, child labour, etc.) and indicate ratio of workplaces covered in relation to the number of workplaces liable to inspection.
Article 21. Content of reports. While noting the annual reports on labour inspection activities for 2003 and 2004, the Committee notices that they do not contain any information on the laws and regulations applicable in the context of labour inspection, or any statistics on contraventions, industrial accidents or occupational diseases. With regard to industrial accidents, the Committee notes, however, that statistics are available on the web site of the Ministry of Industry, Trade and Labor. Reminding the Government that annual reports should contain information on each of the subjects covered by Article 21, clauses (a)–(g), of the Convention, and drawing its attention to the useful guidance provided in Paragraph 9 of the Labour Inspection Recommendation, 1947 (No. 81), as regards the desirable level of detail in such information, the Committee would be grateful if the Government would take the necessary steps soon to ensure that this information is included in annual inspection reports in the future.
The Committee notes the information sent by the Government which partly answers its previous comments. While noting the information and statistics in the Government’s report concerning the numbers and activities of the labour inspectorate for the period 1995-2000, the Committee points out that, according to Article 20, the central inspection authority should publish and communicate to the ILO within the prescribed period a general annual report on the work of the inspection services under its control, and that the report should contain information on each of the items set out in Article 21(a) to (g). Noting that no report has been received since the one covering the year 1992, the Committee draws the Government’s attention to the paragraphs (272 et seq.) that it devoted to this matter in its 1985 General Survey on labour inspection and requests the Government to take the necessary steps to ensure that the annual report referred to in the abovementioned provisions of the Convention is published in the near future and communicated to the ILO within the prescribed time limit.
The Committee notes the Government's report and the information provided in reply to its previous comments. The Committee requests the Government to supply further information on the following points.
Articles 6 and 7 of the Convention. The Committee notes that labour inspectors are hired on the basis of a university qualification, chiefly in the scientific disciplines, and that after recruitment they follow intensive training. It also notes that there is an encouraging reduction in the number of fatal accidents in the construction industry thanks in particular to the employment on special contract of so-called assistant inspectors. The Committee requests the Government to supply information on the content of the post-recruitment training given to labour inspectors having the status of public employees as well as the qualifications and exact role of the assistant inspectors.
Articles 12 and 16. The Committee notes with interest the information concerning the frequency of inspections at places covered by the law as well as the adoption of a standard for health and safety management based on the British and New Zealand standards cited by the Government from which it appears that there is a transfer to internal inspection by firms to ensure that the legal provisions are being applied in their establishments. Noting that in 1998 the number of inspections decreased considerably in the construction industry and drastically in ports, whereas the nature of activities performed there implies numerous and frequent risks to health and safety, the Committee would be grateful if the Government would supply further information on the content and scope of the new measures based on the British and New Zealand standards regarding inspection activities carried out by labour inspectors in accordance with the provisions of Article 12.
Articles 20 and 21. The Committee has noted the statistical data on the activities of the labour inspectorate for 1997, 1998 and to mid-1999. This information does not, however, enable it to appreciate the volume of inspection activities in comparison with the number of establishments covered. It reminds the Government that statistical data on each of the subjects listed under Article 21(b) to (g) must be given in an annual report on the activities of the labour inspectorate, in accordance with the publication and communication provisions, to the ILO set out in Article 20. The Government is therefore requested to carry out the necessary measures for preparation and publication, by the competent central authority and within the time limits laid down, of annual inspection reports and to communicate copies regularly to the ILO.
Articles 10, 16 and 21 of the Convention. The Committee notes the Government's report for the years 1995-96 and the supplementary report containing statistical information on work accidents and inspection activities. As the two reports contain different statistics of work accidents and investigations carried out by labour inspectors, the Committee asks the Government to clarify this difference in its next report and hopes that such statistics will be included in future annual reports as provided for in Article 21 of the Convention.
The Committee notes the Government's statement that a new approach to inspection techniques is being developed to cope with the current inability to supervise all workplaces given the limited staff available. It also notes the increase of fatal injuries in the building industry. It hopes the Government will supply a full report indicating how effect is given to the requirement of Article 16 of the Convention that workplaces should be inspected as often and as thoroughly as is necessary to ensure the effective application of legal provisions taking into account the increase of fatal injuries in the building industry. The Committee hopes that inspection services will be adequately staffed for this purpose.
The Committee notes with interest the Government's statement in its report that future arrangements concerning recording and notification of occupational accidents and diseases will be based on the ILO publication "Recording and notification of occupational accidents and diseases" (ILO, 1996). The Committee wishes to be informed of any progress made.
Articles 20 and 21 of the Convention. The Committee notes from the Government's report that the annual reports on the activities of the inspection services for the years 1990, 1991 and 1992 had not yet been published due to some technical difficulties. The Committee wishes to underline the importance it attaches to the publication of such reports within the time-limits set by Article 20.