Guarding construction sites and employing foremen – warning signs from an expert
Oct 21, 2018
Professional Tips Corner – Asher Asban
As a safety expert and workplace accident investigator, I frequently encounter mistakes made by construction contractors and various professionals in the construction industry. Often, these errors are serious and can lead to significant financial, insurance, administrative, and criminal consequences.
Therefore, I found it important to highlight three critical points that should never be taken lightly. So, without further introduction, let’s begin.
1. Obligation to Have Security at Construction Sites
In October 2017, the Knesset Constitution Committee approved an order adding infrastructure and construction sites to the list of businesses required to employ licensed security personnel. This followed a recommendation submitted to the committee by the Israel Police and the Joint Economic Enforcement Team in the Attorney General’s Office.
In simple terms, the term “construction site” was added to the list of businesses required to employ certified guards only.
Important clarification: The law does not obligate construction sites to employ guards. However, if a contractor chooses to employ a guard, they must ensure that the guard holds a valid guard license. Similarly, if the contractor engages an external security company for security services, the contractor must also verify that the company holds a valid security company license.
Interested in hiring a guard directly?
There is no problem, as long as it is done legally. On the Ministry of Justice website, under the Department of Security Services, you can download the form titled “Application for Guard License.” This is a simple form requiring only two documents: a resume and an ID card. Be sure to verify that there are no additional requirements you must meet, such as requirements from the Israel Police, the local authority, or the Planning and Building Committee in your operating area.
Employing a guard without a license is not only a mistake but also a criminal offense and exposes you to potential administrative sanctions. Construction contractors who outsource security services to companies or guards that are unlicensed may face insurance issues and criminal prosecution.
The origin of this new requirement (licensed security company / licensed guard), according to the committee, stems from extensive criminal activity around construction sites, including the forced provision of security services by criminal elements, collection of protection money, and the use of threats and extortion. This is a well-known phenomenon that has turned construction sites into bases for criminal activity—not only affecting the site itself but also neighboring sites and residential buildings, creating “zones of control” for criminal activity.
A representative of the Contractors Association described the distress clearly:"Every morning we are subjected to extortion by thieves causing irreversible damage that endangers human life, extorting contractors. You arrive at work in the morning and a small part intended only for a specific tool has been dismantled, making it impossible to start work. If the security company knows how to return the parts, then something here is clearly wrong."
In recent years, we have seen a significant increase in the Ministry of Labor's enforcement of the issue of companies supplying manipulators . Therefore, it is important for me to note and clarify: Building contractors are of course allowed to employ any manipulator they wish, but only if he has the appropriate certification .
If you employ workers through a staffing company, you must ensure that the company is licensed to specifically supply workers. It is not enough for the company to hold a license as a service provider contractor (staffing, cleaning, etc.). The external company must be licensed to supply workers in a special and specific manner.
Employing unlicensed loan sharks (both by the loan shark and the supplying company) is - among other things - a serious criminal offense, which may have extensive and significant safety and insurance implications.
2. The obligation to employ loan sharks from a licensed company in accordance with
Unfortunately, many contractors do not understand the significance of checking the certificates/certifications of various service providers on the construction site. I have often encountered, and recently, fake certificates of "certified scaffolder", which even bear the state emblem. These are fake certificates as mentioned , which are not worth the paper they are printed on. Hiring a scaffolder based on a fake certificate may have significant consequences in the criminal, tort and insurance fields.
3. Scaffolding construction
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