Just before the new safety regulations come into effect: For the first time, the work orderer bears direct safety obligations
Oct 14, 2026
By: Itzick Simon
On October 16, 2026, the map of liability in the construction industry will change. The client will no longer be able to simply place the responsibility for safety on the contractor performing the work. The new regulations impose independent obligations on the contractor, require real involvement in managing safety risks, and may expand the exposure of corporations, managers, and officers after a serious accident.
The change concerns developers, contractors, construction and infrastructure companies, local authorities, and entities that commission construction work, even when construction is not their primary field of activity.
The head of the Occupational Safety and Health Administration at the Ministry of Labor, Eng. Hezi Schwartzman, has already announced that a nationwide enforcement operation will take place starting this coming Sunday. In an unequivocal warning, he made it clear that sites where a safety inspector or site manager is not appointed, in places where they are required, are expected to be closed.
The dramatic change: The work orderer becomes part of the safety responsibility system
The amendment does not relieve the performing contractor of his duties. It adds another significant factor to the liability system: the person ordering the work.
In accordance with the regulations and the exceptions set forth therein, the client is required to ensure that a safety plan has been prepared, that the resources for its implementation have been specified in an agreement with the construction operator, and that a safety controller with the required qualifications has been appointed. Only after the conditions have been met may the client approve in writing the commencement of work.
The meaning is clear: a clause in a contract that places full responsibility for safety on the contractor does not relieve the client of the obligations imposed on him by law.
It is important to emphasize that the identity of the client is determined in accordance with the definition in the regulations, including its status as the permit holder or the owner of the property and its commitment to perform the work. Not every financing body, project manager, or supporting entity becomes a client simply by virtue of its involvement.
The Safety Controller: No Longer a Roleholder Whose Reports Can Be Ignored
One of the significant innovations is the obligation to appoint a safety controller on behalf of the client, in cases to which the provisions of the regulations apply.
The inspector's role is not limited to visiting the site and producing a report. He must review the implementation of the safety plan and the responses to risks, and report his findings to the client and the construction operator.
When an unacceptable risk is identified, immediate reporting is required to the parties specified in the regulations. The construction contractor must act immediately to provide a response, while the client is required to confirm in writing, within 48 hours of the date of the report, that a response to the risk has been provided.
The 48 hours are not a grace period for continuing dangerous work. The duty to immediately address the risk stands on its own.
In fact, a control and documentation mechanism was created that makes it possible to find out not only whether there was a hazard on the site, but also who knew about it, when the report was received, what was done in response, and who confirmed that the risk was addressed.
And what happens after a serious work accident?
Here lies another dimension of the revolution.
After an accident in which a worker is seriously injured or killed, the inspection will no longer focus only on the foreman, the contractor, and the execution personnel in the field.
Depending on the circumstances and the duties imposed on each party, decisions made by the management of the commissioning company, the construction operator, and other levels of management may also be examined.
Were adequate resources allocated to safety? Were permits issued without checking the conditions? Were warnings received and not addressed? Did work continue despite a known risk?
These are questions that may be part of an accident investigation and, under appropriate circumstances, lead to an examination of criminal liability.
Personal liability of a manager or officer does not arise automatically from his position. It is examined in accordance with the provisions of the law, his powers, his acts and omissions.
And what about insurance?
From our perspective, this is an aspect that requires special attention.
The amendment does not automatically change the terms of existing insurance policies. However, the change in the distribution of liabilities and the possibility of expanding the circle of defendants require a re-examination of insurance protection in projects.
The identity of the insured, the scope of coverage for liabilities due to bodily injury, the adjustment of third-party insurance and employers' liability, and the protection provided to the various parties involved in the project must be examined.
A distinction must be made between insurance coverage for a civil compensation claim and legal expenses in criminal proceedings. It should not be assumed that contractor work insurance automatically provides protection in criminal proceedings, and it should not be considered coverage for fines or penalties.
An insurance policy is not a substitute for meeting safety obligations. But meeting the obligations does not eliminate the need for appropriate insurance protection.
Work accident: Decisions in the first few hours can be critical
From our experience in handling serious work accidents, the conduct in the first hours after the incident often significantly affects the management of the lawsuit and subsequent legal defense.
Along with saving lives, treating victims, and preventing further danger, it is essential to ensure proper reporting to authorities and insurance companies, preserving evidence and documents, and seeking appropriate legal advice in advance.
Messages sent, versions delivered, handling of digital documentation, and changes at the scene of the accident may have far-reaching evidentiary significance.
Therefore, we recommend that every company engaged in construction or that commissions construction work have a procedure for responding to a serious accident, which includes the division of powers, reporting obligations, involvement of legal counsel, and coordination with insurance agencies, while fully complying with the provisions of the law.
The regulations also come into effect with respect to projects already in progress, subject to the applicable provisions and exceptions.
Therefore, it is not enough to just prepare for new projects.
Developers, work orderers, and contractors must now examine the responsibilities in each project, the appointment of the required positions, the existence and up-to-dateness of safety plans, the resources allocated, and the reporting and risk management mechanisms.
On sites whose area according to the building permit is at least 15,000 square meters, the construction operator is also required to appoint a site manager, alongside the construction manager and with separation of duties.
Special attention should also be paid to the contractual agreements and the possible implications of stopping work for safety reasons on schedules, project costs, and responsibilities between the parties.
What needs to be done now?
In conclusion
On October 16, not only regulations change. The perception of responsibility for safety in the construction industry changes.
The executing contractor remains a central factor in the responsibility for safety on the site, but no longer stands alone at the forefront. The work orderer is also required to play a defined, independent and documented role.
Our message to our clients is clear: the change should be treated not as an additional administrative requirement, but as a fundamental change in risk management, legal exposure, and protection of project continuity.
We at the Itzik Simon Agency continue to closely monitor the implementation of regulations, enforcement directives, and their insurance implications, and work to provide our clients with professional information and tools that will assist in dealing with the changes.
For more information and to browse the professional knowledge center we established on the subject:
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