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.
Continued 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 those involved in the field must be aware of.
Both concern work accidents in the industry, with one dealing with dramatic (but mainly populist) moves by the Ministry of Labor, and the other with training police officers to investigate accidents.
Unfortunately, when you clear away the background noise and look past the publicity, both developments have a common goal, which is to increase penalties for building contractors.
It is highly doubtful - to put it mildly - whether they will have any impact on work accidents in the industry.
The number of victims of work accidents and the scope of the accidents themselves testify to the level of performance of those involved in enforcement and supervision of this sensitive issue, but instead of acting professionally and coherently, while adopting real and long-term solutions, we see that the Ministry of Labor is acting in exactly the opposite way.
In its distress, and out of a loss of temper, the ministry tends, from time to time, to take hasty steps, apparently in order to portray itself to the public as a professional body that fights accidents.
These actions not only do not affect the number of accidents, but they also place an unnecessary burden on building contractors.
Suffice it to mention the "enforcement fines" project, which emerged with great fanfare and faded away with a weak sigh, after a few weeks, without having the slightest effect on the number of accidents.
Various sources, including my ministry, warned the Ministry of Labor in real time that the "enforcement fines" had more holes than cheese, but our numerous appeals were to no avail.
The ministry dug in its position until the entire system completely collapsed and is no longer with us.
The ministry realized, unnecessarily late, that in a democratic country it is not possible to operate with governmental tyranny.
It is impossible to impose only on building contractors distorted conduct that does not meet professional standards such as evidentiary law, expert opinions, digital evidence, and the like.
Will police officers investigate?
Another development that is important to note is the training procedures that the Israel Police completed about two years ago for police officers. A project estimated to cost about 12 million shekels and which is intended to provide officers with tools to investigate work accidents on construction sites.
Here too, the goal is clear: increasing the punishment for building contractors.
Apparently the police estimate (completely mistakenly) that the Labor Ministry is not functioning effectively, which is why this unit was established.
In my humble opinion, this is a populist move by an enforcement body that understands nothing about construction, and whose only desire is to garner public relations at the expense of the building contractors.
Here too, there are more questions than answers:
Why weren't the budgets of the new police department transferred to the Labor Ministry inspectors (adding standards, resources, training, etc.)?
Since when do the police have the authority to conduct professional (non-criminal) investigations into work accidents?
Were the investigative powers of the Ministry of Labor inspectors on the subject taken away from them by a change in legislation?
Will all legal proceedings (both tort and criminal) now be delayed until both bodies (police and the Ministry of Labor) complete their dual investigation procedures?
Who will be subordinate to whom in making decisions about indictments? The labor inspector? The police officer who took a "safety course"?
How can a labor inspector function, after they have already "marked" him as unprofessional, after they have transferred his powers to the Israel Police?
In which other country does a police officer have the authority to investigate (a professional engineering investigation) work accidents?
Why doesn't the police establish a special unit to deal with accidents in industry, agriculture and factories, where there are just as many accidents?
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 should not rely solely on the results of the investigation by Ministry of Labor inspectors and police officers.
Whether you are the injured party seeking comfort and compensation or the contractor seeking justice and professionalism, do not give up your rights and protect yourself.
Consult with experts and trained accident investigators in every incident and don't take anything for granted.
The written information is only partial. Complete information and additional advice can be requested and received by email at office@asaban.co.il or directly by calling Ashar Asban on mobile 0545388671.
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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.
The information contained here does not constitute a substitute for professional opinion.
Although every effort has been made to prevent inaccuracies, errors may exist, and therefore use of the information is at the sole risk of the user.
Asher Asban and “Safety and Law” are not responsible for the content of the information or its use.
All copyrights and intellectual property rights appearing here, including texts, descriptions, images, and any other material, are reserved exclusively to Asher Asban and “Safety and Law”.
No part of the content of this website, or any other materials presented on it, may be copied, distributed, reproduced, sold, published, broadcast, or used commercially in any way unless prior written permission has been obtained.
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