Amendment No. 12 to the Employment of Workers by Manpower Contractors (Crane Operators) Law
May 28, 2019
In recent years, we have witnessed a significant number of crane accidents, most of which occurred due to operational deficiencies or a lack of safety measures. These accidents have led to crane collapses on construction sites, causing severe property damage and, most tragically, injuries and fatalities.
Unfortunately, such incidents have become an integral part of the reality of the construction industry in Israel.
Amendment No. 12 to the Employment of Workers by Manpower Contractors Law – 1996 (hereinafter: the “Law”) tightens its provisions, with the clear purpose of enhancing safety and reducing the number of accidents.
The amendment introduces new and stricter regulations regarding the employment of crane operators through manpower contractors and the operation of cranes in general. The law will come into effect six months after its publication, on January 7, 2019, to allow the industry sufficient time to prepare for the legal changes.
Until now, manpower contractors providing certified crane operators were required only to obtain a manpower contractor license. However, following the amendment, contractors whose specialization and primary activity is crane operation will now be required to obtain a special permit (hereinafter: the “Permit”) from the Minister of Labor, Social Affairs, and Social Services (hereinafter: the “Minister”).
Ordinarily, a corporation supplying certified crane operators obtains a licence by submitting an application under the Employment of Workers Law. However, the amendment requiring a special permit effectively removes the need for a separate licence application.
The rules governing licence applications also apply to applications for the special permit. Approval is conditional on presenting confirmation from a labour inspector that the applicant meets the statutory safety requirements.
Applicants are subject to two sets of rules: those governing staffing contractors and those concerning crane operators’ occupational safety.
To avoid disrupting the activities of licensed staffing providers and forcing them to cease operations, the Minister may authorize existing licence holders to continue employing workers under the licence valid when the Law takes effect, provided they applied for a special permit before its commencement date, 7 July 2019.
Given these substantial legislative changes, staffing corporations supplying crane operators must act immediately to apply for a special permit. Construction companies engaging their services must verify that these corporations comply with the amended Law.
Provided after applying for a license
As a general rule, obtaining a license for a corporation whose business is to provide manpower services for qualified crane operators is granted after submitting an application for a license, in accordance with the Employment of Workers Law, but the amendment to the law requiring a permit effectively makes submitting an application for a license unnecessary.
The instructions for submitting an application for a license will also apply to the application for a permit, and its acceptance will be conditional on the presentation of a certificate from the labor inspector, stating that the permit applicant meets the safety requirements in accordance with the law.
Two sets of rules will apply to the permit applicant - a set of rules for manpower contractors and a set of rules relating to the work safety of crane operators.
In order not to harm the activities of entities with a license to employ manpower and cause their work to cease, the Minister is authorized to permit the license holders to continue employing workers, in accordance with the license in effect on the effective date of the law, provided that an application for a special permit was submitted by that entity before the effective date of the law, 7.7.19.
In light of the substantial changes introduced to the law, labor contracting corporations (cranes) must act immediately to submit an application for a special permit, and contracting companies requesting the services of labor contractors must ensure that those corporations operate in accordance with the amendment to the law.
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