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.

Asher Asban's professional tips corner

As a safety expert and occupational accident investigator, I frequently encounter mistakes made by building contractors and various professionals in the construction industry. Often these are disastrous mistakes that can be costly in financial, insurance, administrative, and criminal matters.

Therefore, I have seen fit to clarify for you three essential points that you should not take lightly. So without further ado, let's begin.

1. Duty to guard at a construction site

The Knesset Constitution Committee approved an order in October 2017 that stipulates the addition of infrastructure and construction sites to the list of types of security that require a license. This follows a recommendation submitted to the committee by the Israel Police and the Integrated Economic Enforcement Team at the Attorney General's Office.

Simply put, the term "construction site" has been added to the list of businesses that are required to employ only certified guards.

Important clarification – The law does not require construction sites to employ guards, but states that if the contractor decides to employ a guard, he must ensure that the latter holds a legal guard certificate. To the extent that the contractor contracts with an external security company for security services, the contractor must also ascertain that the company also has a security company license.

Interested in hiring a guard directly?

No problem, just do it legally. On the Ministry of Justice website, under the Security Services Department, you can download the "Application for a Security Guard License" form. This is a simple form to fill out that only requires two documents – a resume and an ID card. Be sure to check carefully that there are no additional requirements that you must meet, such as requirements from the Israel Police and/or requirements from the local authority and/or requirements from the Planning and Building Committee in the area where you operate.
Hiring a guard without a certificate is not only a mistake but also a criminal offense and a risk of exposure to administrative sanctions . Construction contractors who hand over security services to security companies and/or unlicensed guards may face insurance problems and criminal charges.

The source of the new requirement (licensed security company/licensed guard), according to the committee, is "the existence of extensive criminal activity around construction sites, including the forcing of security services on the sites by criminal elements, while collecting protection fees and using threats and extortion." This is a well-known phenomenon that has turned construction sites into a base for criminal activity. Not only towards the site itself, but also towards nearby sites and residential buildings, to the point of creating "control zones" of criminal activity. The representative of the Contractors Association on the committee described the predicament well: "Every morning we are subject to extortion by thieves with irreversible damage that harms human lives, extorting contractors. You come to work in the morning and they dismantle a small part that is intended only for this tool and you can't start working. If the security company knows how to return the parts, then something is wrong here."

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.