Accountability - The State of Israel has not yet celebrated its 70th anniversary, and this year, more than 70 people have died in work accidents.
May 8, 2019
Adv. Shlomi Hadar – John Geva, Hadar & Co. Law Firm
In light of the headline chosen for this article, we deemed it appropriate to begin with the words of the song “My Land of Israel” by Datia Ben-Dor, which says: “My Land of Israel is beautiful and also flourishing, who built it and who planted it, all of us together!”
The words of this song resonate in our minds on the 71st Independence Day of the State of Israel, at a time when the ink has not yet dried on the following striking words:
“Work on construction sites involves sweat, but it must not be soaked in blood and tears. The responsibility to prevent hazards and harsh working conditions lies primarily with the employers. However, it is the duty of the state to supervise the sites where work is carried out and to warn of deficiencies in order to protect the public. The duty of warning and alerting was at the heart of the petition.”
This is a quote from the Supreme Court ruling (Bagatz) delivered in April 2019 by Justice Barak-Erez, concerning a petition submitted by the organization “Kav LaOved” (“Worker’s Hotline”), which brought to the court the voices of unknown workers who were killed or injured on dangerous sites.
The ruling established the obligation of the state to publish real-time information—both to the public and to workers—regarding alerts about safety risks and hazards in workplaces.
Attorney Shlomi Hadar – John Geva, Hadar & Co. Law Firm
In light of the title chosen for this article, we saw fit to open with the lyrics of the song "My Land of Israel" by Datia Ben Dor, according to which: "My Land of Israel is beautiful and also flourishing, who built and who planted, we are all together!"
The words of this song echo in our heads, on the 71st Independence Day of the State of Israel, while the ink has not yet dried on the following poignant words:
"Work on construction sites involves sweat, but it must not be soaked in blood and tears. The responsibility for preventing hazards and difficult working conditions lies primarily with the employers. However, the state's duty is to monitor the sites where the work is being carried out and to warn of deficiencies in order to protect the public. The duty to notify and warn is at the center of the petition."
This is a quote from the High Court of Justice ruling issued in April 2019 by Judge Barak-Erez, regarding a petition filed by the Kav LaOved organization, which brought to the court the cry of unknown workers who were killed or injured at dangerous sites.
The ruling established the obligation imposed on the state to publish real-time information - both to the public and to employees - regarding warnings regarding safety risks and dangers in the workplace.
Protection of employees versus the right to a good name?
The "Kav LaOved" petition included demands that the Ministry of Labor publish the safety orders imposed on construction sites for safety deficiencies, and do so in real time. It was also requested that the publication in question include details regarding deficiencies that were discovered, and that prominent signs be placed on construction sites regarding orders that warned of danger on site. In light of the heterogeneous population on construction sites in Israel, it was requested that the publication be trilingual – in Arabic and Chinese alongside Hebrew.
As is known, until the petition was filed, the Ministry of Labor refrained from publishing these orders. This was on the grounds that the publication could damage the good name of the contractors if it were published immediately, before the legal deadline for filing an appeal had passed. Now, following the petition that was received, the Ministry of Labor has announced that the publication of the orders will be immediate and in real time, and will include the details of the deficiencies that were the subject of the imposition of the orders.
Regarding the placement of signs at construction sites where the orders were imposed, the Ministry of Labor announced that it intends to make efforts to publish them and place them with stickers in different languages.
And alongside the chilling figure in the headline, since the beginning of 2019, 73 workers have been injured in work accidents in the construction industry, 14 of whom have died.
According to the OECD report, Israel unfortunately ranks third among OECD countries in terms of the number of fatalities in the construction industry per 100,000 employers (with only Cyprus and Portugal ahead of us). This is according to the Regulatory Impact Assessment Summary Report published in 2018 by the Safety Administration.
In the "Report on Work Accidents in Israel: Status Report 2011-2015" (hereinafter: "the Report"), which was written by the Occupational Safety and Health Administration of the Ministry of Labor, Welfare and Social Services and the National Insurance Institute, it was found that 62% of all fatal work accidents during 2015 occurred on construction sites, and that the probability that a worker in the construction industry will be killed in a work accident is 5 times higher than the chance that a worker in the manufacturing industry will be killed as a result of a work accident.
According to the Occupational Safety and Health Administration of the Ministry of Economy (hereinafter: "the Safety Administration"), the construction site is a complex and constantly changing work environment, and the characteristics of this work, which include working at height, using lifting equipment and lifting heavy loads above the workers, as well as using powerful and energy-intensive devices, create risks. However, the main risk among them is falling from a height.
In addition, there are additional characteristics that raise risks at construction sites, including workers who work on site for a short time, without sufficient professional knowledge and required skills, and who are not even familiar with the unique risks.
Added to this is the fact that working on construction sites is strenuous physical work in changing and harsh weather conditions. Therefore, it can be said that this is one of the most dangerous industries in the economy.
The Safety Administration is the regulator in the areas of occupational safety and health, including initiating and formulating legislation as well as enforcing and supervising this area. Also, according to the Safety Administration, responsibility at the construction site lies primarily with the construction operator, who must appoint a foreman to implement the requirements in the legislation regarding the safety and health of workers in the construction industry.
According to the report, work accidents also have a heavy economic burden. In 2015 alone, over 4.5 billion NIS in benefits were paid to work-related injuries. Added to this heavy expense are the indirect damages caused to workplaces, additional indirect expenses estimated at an additional 10 billion NIS, and of course, we must not forget to add to all this the grief and pain of the injured and their families.
As for more recent data, it can be seen in the review of the "Workplace Accident Report in Israel - First Half of 2018" written by the Ministry of Labor, Welfare and Social Services. It shows that the number of fatal accidents in the construction industry increased by approximately 31% compared to the same period in 2017.
The report also shows that between January and June 2018 alone, 29 workers were killed in work accidents, 17 of whom were in the construction industry. In addition, about half of the fatal accidents occurred as a result of a fall from a height. Furthermore, the overall rate of injuries in work accidents per 100,000 workers is also on the rise compared to the same period last year.
According to data from the Central Bureau of Statistics, there are three main groups of workers in the construction industry: Israeli residents, workers from the Palestinian Authority, and foreign workers brought to Israel.
Several vulnerable groups are integrated among construction workers. It has been suggested in the past that the desire of these workers to "make a living at any cost" makes it difficult for them to receive protection and realize their full rights. However, organizations and even lawyers are emerging that often accompany these workers on a result-based basis, thus beginning or accelerating a process that may drag those involved in the industry into multiple lawsuits on the subject.
It has also been found in many cases examined that the vast majority of work accidents stem from negligence that stems from cost savings, whether through failure to provide adequate safety measures and proper training for workers, or through the materials required for safe construction.
According to all of the above, it can be summarized and said that the number of injured and killed in work accidents in the construction industry requires a thorough soul-searching by all those involved in the industry, to be extremely careful about the issue of safety, and to arrange comprehensive insurance for the many risks. However, as stated in the opening of the poignant remarks quoted from the High Court of Justice of the State of Israel - the state must recognize its responsibility for this issue and not only listen to the voices calling for stricter punishment and enforcement, but also to create creative solutions in cooperation with those working in the industry (including creating accessible sources of funding and training that will prevent cost-cutting in worker safety). And for the continued building of the state and its growth.
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