Persecution of Building Contractors – Populism from the Establishment to the Young
Jul 16, 2020
Follow-up Article by Asher Asban – Engineering Consultant, Accident Investigator, and Safety Expert
Recently, we have witnessed two developments with significant implications for the construction industry, which all professionals in the field must be aware of.
Both relate to workplace accidents in the industry: one involves dramatic (but primarily populist) actions by the Ministry of Labor, and the other concerns the training of police officers to investigate accidents.
Unfortunately, when one filters out the background noise and looks beyond the PR around these developments, a common goal emerges: increasing penalties for construction contractors.
There is considerable doubt—mildly put—about whether these measures will have any real impact on workplace accidents in the sector.
The number of casualties and the scale of accidents themselves testify to the level of functioning of those responsible for enforcement and oversight of this sensitive issue. Yet, instead of acting professionally and coherently, implementing real and long-term solutions, the Ministry of Labor seems to do exactly the opposite.
Frustrated and, perhaps, out of desperation, the Ministry periodically takes hasty actions seemingly intended to present itself to the public as a professional body combating accidents.
These actions not only fail to reduce accident rates, but also create unnecessary burdens on construction contractors.
It is enough to mention the “Enforcement Fines” project, which was announced with great fanfare and disappeared just weeks later, without affecting accident rates even slightly.
Various parties, including my offices, warned the Ministry of Labor in real time that the “Enforcement Fines” initiative was full of gaps, yet our numerous warnings went unheeded.
The Ministry dug in its heels until the entire system collapsed completely and ceased to function effectively.
Eventually, the Ministry belatedly realized that in a democratic country, it is impossible to act with arbitrary authority.
You cannot impose on construction contractors a distorted approach that fails to meet professional standards, such as rules of evidence, expert opinions, digital testimony, and similar criteria.
Will police officers investigate?
Another development worth noting is the training program that the Israel Police completed about two years ago for police officers—a project estimated to cost approximately 12 million shekels, designed to provide officers with tools to investigate workplace accidents at construction sites.
Here too, the objective is clear: increasing penalties for construction contractors.
Apparently, the police (mistakenly, in my opinion) believe that the Ministry of Labor is not functioning efficiently, which is why this unit was established.
In my view, this is a populist move by an enforcement body that knows very little about construction, motivated primarily by public relations at the expense of contractors.
Once again, the questions outweigh the answers:
Why weren’t the budgets for this new police unit transferred to Ministry of Labor inspectors (additional positions, resources, training, etc.)?
Since when do the police have professional (non-criminal) investigation powers for workplace accidents?
Were the professional investigation powers of the Ministry of Labor inspectors removed by legislative change?
Will all legal proceedings (civil and criminal) now be delayed until both bodies (police and Ministry of Labor) complete their parallel investigations?
Who will be subordinate to whom in deciding on indictments? The labor inspector? The police officer who completed the “safety course”?
How can a labor inspector function once they have already been marked as unprofessional, after their powers were transferred to the Israel Police?
In any other country, does a police officer have the authority to conduct professional engineering investigations of workplace accidents? Why hasn’t the police established a special unit for accidents in industry, agriculture, or factories, where accidents are no less frequent?
In conclusion
As a safety expert and senior accident investigator who has seen and investigated thousands of accidents, I am of the opinion that contractors must not rely solely on the investigation results of Ministry of Labor inspectors or police officers.
Whether you are a victim seeking relief and compensation or a contractor seeking justice and professionalism, do not give up your rights and protect yourselves.
Consult with experienced experts and accident investigators in every incident, and do not take anything for granted.
The information provided here is partial only. Full information and additional advice can be requested via email at office@asaban.co.il or directly by phone with Asher Asban at 054-5388671.
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