Solicitud directa (CEACR) - Adopción: 2021, Publicación: 110ª reunión CIT (2022)

Convenio sobre la inspección del trabajo, 1947 (núm. 81) - Israel (Ratificación : 1955)

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Observación

Solicitud directa

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Article 3(1)(b) and 14 of the Convention. Preventive activities in the field of occupational safety and health. Construction sector. The Committee notes the information provided by the Government regarding the inspection activities carried out by the occupational safety and health (OSH) Administration in the construction sector. It notes in particular that according to the Government, in 2020 there has been an increase of 47 per cent in the number of inspection visits covering the construction industry. The Committee also notes that in the same year, the number of safety orders issued increased from 2,501 to 5,532 and that of these, 2,977 mandated the closure of the site or the suspension of activities for 48 hours or more. In addition, the Government reports that more than 25 targeted enforcement operations were carried out in 2020, most of them in the construction industry. The Committee also notes that OSH Administration joined efforts with other enforcement and regulatory bodies in order to reduce work-related accidents in the construction sector. According to the Government, many accidents in this industry occur because of falls from heights. It indicates that one of the causes contributing to this phenomenon is the lack of knowledge of the safety requirements established in the Work Safety Regulations (Work at Height) among the supervisors in charge of the wellbeing of workers at the construction sites. The Committee further notes the Government’s indication that the OSH Administration has been taking action for the enforcement of the safety requirements in all matters pertaining to mechanical cranes, turrets and scaffolding installed at construction sites, as well as in relation to the operators of cranes. The Government reports that in 2020 there has been a decrease of 20 per cent in the fatal accidents at work in the construction industry, adding that existing construction sites continued to operate in 2020 during the COVID-19 pandemic. The Committee requests the Government to continue its efforts to ensure that the construction sector is a focus of rigorous inspection. It requests the Government to continue to provide information on the measures taken particularly concerning the enforcement of safety regulation for works at height. In addition, the Committee requests the Government to continue providing data on inspection visits in the construction industry, on targeted enforcement operations in construction and other industries, and on the number of accidents, fatalities and cases of occupational disease.

Article 4. Labour inspection system. The Committee notes the Government’s indication that in 2011 the Employment Control Division changed its name to the Health and Safety in Employment Administration under the Ministry of Economy. The Committee also notes that according to the Government this development was not marked by a statutory or legal change. In addition, the Committee notes the fact that matters pertaining to conditions of employment such as wages, leave and employment of children and young persons do not fall within the area of responsibility of the OSH Administration and are handled by the Enforcement and Regulation Administration under the Ministry of Economy. The Committee takes note of this information, which addresses its previous request.

Articles 5(a), 17 and 18. Cooperation with the justice system, legal proceedings and adequate penalties. The Committee notes the information provided by the Government concerning the cooperation between the OSH Administration and other entities such as the Legal Departments of the Ministry of Labour and the Ministry of Economy and the State Attorneys’ Office. The Committee also notes the information provided by the Government regarding collaboration with the Ministry of Justice in operating a simpler and more effective procedure in the imposition of administrative fines in the sphere of health and safety at work, which is expected to lead to an intensification of enforcement in these areas. The Committee also notes the Government’s statement that the intensification of enforcement law does not apply to the statutory provisions in the fields of safety and health in employment. It also notes that the Government provided statistics regarding the number of prosecution cases opened by the labour inspectors, charges and convictions for the period between 2010 and 2014. However, the Committee notes that the last report did not contain information on the number of legal proceedings and penalties, and no statistics on prosecutions and sanctions have been provided for the years since 2016. The Committee requests the Government to provide data on the outcome of reported offences (including the number of such offences that resulted in prosecution, the number of convictions in relation to the offences reported, the nature of fines or other sanctions imposed, and the proportion of monetary sanctions that are paid in practice) with regards to hours, wages, safety, health and welfare, the employment of children and young persons, and other connected matters. The Committee also requests the Government to provide information on the impact of the Law for Increased Enforcement of Labour Laws on the work of the Enforcement and Regulation Administration. It requests the Government to provide relevant statistics on the application of this Law in practice, including the number of financial sanctions imposed and administrative warnings issued concerning the enforcement of provisions on conditions of employment such as wages, leave and employment of children and young persons.

Articles 20 and 21. Publication of an annual labour inspection report. The Committee notes that the Government report indicates that in the period 2019–20, an additional 60 safety inspectors were recruited. The Committee also notes that Government report contains data concerning the number of inspections performed, including the break down for the construction industry, the number of safety and improvement orders in the construction industry and statistics on fatalities. However, the Committee notes that the Office has not received an annual labour inspection report since 2014. The Committee urges the Government to take the necessary measures to ensure that annual labour inspection reports are regularly published and communicated to the ILO (Article 20 of the Convention), and that they contain information on all the subjects covered by Article 21(a)–(g).