Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

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

Other comments on C081

Observation

Direct Request

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With reference to its observation, the Committee wishes to raise the following points.

Articles 3, 10 and 16 of the Convention. Functions and number of labour inspectors and frequency of labour inspection visits in establishments. The Committee notes that according to the Government a sharp decline of inspection visits (from 50,426 to 21,216) which was noted in the Committee’s previous comments with regard to the year 2006, was due to a change in the method of counting visits which was introduced that year. Since then, visits have been counted on a per enterprise, instead of a per workplace, basis.

Noting that according to the Government, the total number of workplaces in 2009 was 52,909, the Committee would be grateful if the Government would indicate the ratio of workplaces covered by inspection visits in relation to the number of workplaces liable to inspection and provide a detailed breakdown of inspection visits and their results by area of legal provisions covered (for example, occupational safety and health, child labour, etc.).

Articles 3(1)(b) and 14. Preventive activities in the field of occupational safety and health. With reference to its previous comments, the Committee notes the text of the Labour Inspection Organization (Preventive Action) Regulations, 5761-2001 communicated by the Government. The Regulations entrust the Chief Labour Inspector with responsibility for preventive action at the workplace (section 3) which includes any action intended to prevent, directly or indirectly, work accidents and occupational diseases, especially research, experimental projects, the establishment of databases and professional training, instruction and public information in the field of occupational safety, health and hygiene (section 2). The Regulation also establishes a tripartite Advisory Committee and provides for the elaboration of an Annual Programme of Work for preventive action.

The Committee also notes the information provided by the Government on fatal work accidents in 2009 and the relevant trends in the 2000–09 decade. It notes that there is a constant overall trend of decrease in fatal accidents. However, the trend is increasing in the industry sector at an average of about 2 per cent per year. Moreover, the construction sector remains the most hazardous with the highest number of fatal accidents every year (even though there is a trend of a constant decrease in accidents in this sector).

The Committee requests the Government to indicate the measures taken or envisaged for the implementation of the Labour Inspection Organization (Preventive Action) Regulations and the impact of these measures on the prevention of work accidents and occupational diseases, in the sectors of construction and industry in particular. It also requests the Government to communicate the text of the Annual Programme of Work for preventive action elaborated under the Regulations.

With reference to its observation, the Committee requests the Government to indicate any conclusions drawn and follow-up action taken in relation to the findings of the study on the evolution of work accidents over the last decade.

The Committee would also be grateful if the Government would indicate the procedure in place for the recording and notification of occupational accidents and diseases and describe the role of the inspection services in this framework. It draws the Government’s attention in this respect to the Code of Conduct on recording and notification of occupational accidents and diseases which is available at the following website: www.ilo.org/wcmsp5/groups/public/---ed_protect/---protrav/---safework/documents/normativeinstrument/wcms_ 107800.pdf.

The Committee finally notes that according to the Government, two pilot Codes of Practice were drafted in 2009 in the areas of professional diving and post-mortem operating theatres and that future activity will focus on the implementation of the Codes in a number of workplaces. The Committee requests the Government to indicate any measures taken or envisaged in order to examine the possibility of establishing and assimilating a code of practice system in the overall legal system as part of the safety and health legislation, as previously indicated in the Government’s report.

Article 5(a). Cooperation with other governmental bodies and institutions. Cooperation with the justice system. The Government indicates that at the present time, an investigation unit is being established and will be charged with responsibility in the field of Criminal Law. An appropriate structure is being established, a training programme put together and initial personnel trained for the job. The Committee would be grateful if the Government would indicate the number of personnel entrusted with investigations or criminal matters in relation to subjects covered by the Convention and specify their status, the activities they carry out and their impact, and the manner in which the personnel cooperates with the Labour Inspection Division.

The Committee once again requests the Government to 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 (meetings and seminars or courses aimed at mutual sensitization on 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.).

Articles 17 and 18. Legal proceedings. The Committee notes that according to the Government, 2,013 Safety and Improvement Orders were issued in 2009, apparently in the framework of the 15,371 inspection visits carried out that year. With reference to its previous comments on this subject, the Committee would be grateful if the Government would complement this information by indicating the number of indictments filed by the Prosecution Department at the Ministry of Industry, Trade and Labour, and the number of convictions and administrative fines imposed as well as the ratio of convictions compared to the number of infringements reported by labour inspectors.