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New agreements regarding safety in the construction industry

Dec 30, 2018

New agreements regarding safety in the construction industry

Attorney Shlomi Hadar – John Geva, Hadar & Co. Law Firm


Hours before a planned strike that was supposed to encompass large parts of the economy, and after intensive negotiations, on November 6, 2018, Finance Minister Moshe Kahlon, Labor and Welfare Minister Haim Katz, Construction and Housing Minister Yoav Galant, and Histadrut Chairman Avi Nissenkorn reached agreements regulating the issue of safety in the workplace and in the construction industry in particular, in order to prevent the scourge of the state - accidents in the construction industry. Below are the main agreements reached by the parties.


Attorney Shlomi Hadar – John Geva, Hadar & Co. Law Firm

Hours before a planned strike that was supposed to encompass large parts of the economy, and after intensive negotiations, on November 6, 2018, Finance Minister Moshe Kahlon, Labor and Welfare Minister Haim Katz, Construction and Housing Minister Yoav Galant, and Histadrut Chairman Avi Nissenkorn reached agreements regulating the issue of safety in the workplace and in the construction industry in particular, in order to prevent the scourge of the state - accidents in the construction industry. Below are the main agreements reached by the parties.


New agreements regarding safety in the construction industry

Agreements

Scaffolding – The Ministry of Labor will work to make the European standard mandatory for contractors on construction sites. 


 Protective nets for working at height - According to the agreements, a professional team will be established that will submit recommendations to emphasize the obligation to install appropriate protective nets on construction sites.

Increasing public awareness – A targeted campaign will be launched to raise public awareness on the importance of safety rules. As part of the campaign, special emphasis will be placed on rules for working at height and the use of harnesses and other protective equipment. In addition, a telephone and Internet "hotline" will be established to serve as a focal point for reports of violations of safety rules at work on construction sites, which may lead neighbors and various stakeholders to report violations occurring on construction sites.

Crane Operators – The Ministry of Labor will work to promote a government bill for the employment of crane operators by designated companies. The Ministry of Labor will combat fake licenses by allowing foremen to enter a computerized database in order to identify qualified tower crane operators. The Ministry of Labor will work to regulate the statutory responsibility for all aspects of crane maintenance, its integrity, its ongoing maintenance, etc.

Basic safety training – The Safety Director at the Ministry of Labor will formulate and enforce the application of mandatory basic training for every worker on construction sites, while determining the bodies authorized to conduct the training. The implementation of the training will be the responsibility and funding of the employers.

Safety assistants and safety trainers - A bill will be promoted to introduce safety assistants to construction sites on a site fenced off as "saturated construction" or a safety assistant who will assist the construction manager with safety matters on a site where engineering construction work is being carried out and is determined to be a construction site.

Responsibility of the person commissioning the work – The Minister of Labor will promote an amendment to the construction safety regulations to change the current situation in which the construction manager is solely responsible for safety problems on a construction site, by establishing a hierarchy of responsibility that includes, among other things, the person commissioning the construction work.

The Ministry of Labor will conduct an increased enforcement operation to ensure strict adherence to the limit of working hours permitted by law on construction sites, including those of crane operators, in order to reduce accidents that occur due to worker fatigue on the site. 


 Registrar of Contractors – An amendment to the law will be promoted that will authorize the Registrar to disqualify, not renew, suspend, and exercise his additional powers under the law, based on safety deficiencies, in accordance with the recommendation of the Safety Director at the Ministry of Labor, as well as the authority to immediately suspend a license in serious circumstances, all with the goal of having the legislation completed by the end of the current session of the Israeli Knesset.

There is undoubtedly a need to welcome the change designed to increase safety at work in the construction industry. However, it is still too early to celebrate the completion of the project, as most of the approvals are still subject to legislative processes that will most likely require waiting periods before they can be applied to construction sites.

Safety rules and preventive measures such as protective nets, helmets, appropriate clothing, etc., can effectively and relatively inexpensively reduce many dangers. However, at the same time, the legal exposure of those involved in the construction industry has increased significantly, and it is necessary to periodically re-examine the appropriate insurance coverage that, together with the implementation of safety regulations, will provide a protective net against potential claims or sanctions from the various regulators.


New agreements regarding safety in the construction industry

New agreements regarding safety in the construction industry
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New agreements regarding safety in the construction industry
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