Amendment to the Youth Labor Regulations (Prohibited and Restricted Work), 1995
Jul 27, 2018
John Geva and Shlomi Hadar, attorneys and mediators
Background:
Recently, the Minister of Labor, Welfare and Social Services established a temporary provision for 5 years that expands occupations and trades in which teenagers cannot be employed. According to the temporary order, it is prohibited to employ teenagers in "carrying out construction work or construction activities at a construction site." In the explanatory notes to the temporary order, it was determined that the background that led to the enactment of the regulations is anchored in a Regulatory Impact Assessment (RIA) document (hereinafter: "the document").
The document opens with a review of the many safety gaps that affect the safety and health of those employed in the construction industry. According to the document, in 2015, 34 people were killed, in 2016, 33 people were killed, and in 2017, 29 people were killed in work-related accidents in the construction industry. In addition, an average of 5,600 people were injured each year during these years. The high rate of injuries has put the issue of work-related accidents in the construction industry on the public agenda and increased awareness of the need to promote construction safety and prevent injuries to workers on construction sites. The document notes that in 2016, 32 adults were killed, which is 0.01% of the adult employees in the industry. Out of all the youth employed in the industry (2,004 youth), one youth was killed, which is 0.05% of the youth employed in the industry. In light of the fact that teenagers were killed on construction sites in 2015 and 2017 as well, and this is not an isolated case, the document states that it can be said that this is a significantly higher rate than the total rate of adult fatalities in the industry, relative to their share of the total number of people employed in the industry. The problem that the document raises is that construction sites are places with an especially high risk of accidents, and yet, teenagers are allowed to work there (subject to the limitations specified in the regulations). As stated, the work of youth on construction sites is not only dangerous in theory, but its danger is realized, and the data in this regard were detailed above. Youth are a distinct group for whose work the State of Israel applies special protections in cases where the general protections established for the protection of workers are not adapted to their unique needs and are aimed at ensuring their physical, spiritual and professional development. It appears that the protections currently provided for in the law are not successful in preventing the occurrence of work accidents involving youth. At the time of publishing the document, the Ministry of Labor, Welfare and Social Services was debating between three alternatives for solving the problem.
John Geva and Shlomi Hadar, attorneys and mediators
background:
Recently, the Minister of Labor, Welfare and Social Services established a temporary provision for 5 years that expands occupations and trades in which teenagers cannot be employed.
According to the temporary order, it is prohibited to employ teenagers in "carrying out construction work or construction activities at a construction site."
In the explanatory notes to the temporary order, it was determined that the background that led to the enactment of the regulations is anchored in a Regulatory Impact Assessment (RIA) document (hereinafter: "the document").
The document opens with a review of the many safety gaps that affect the safety and health of those employed in the construction industry. According to the document, in 2015, 34 people were killed, in 2016, 33 people were killed, and in 2017, 29 people were killed in work-related accidents in the construction industry. In addition, an average of 5,600 people were injured each year during these years. The high rate of injuries has put the issue of work-related accidents in the construction industry on the public agenda and increased awareness of the need to promote construction safety and prevent injuries to workers on construction sites.
The document notes that in 2016, 32 adults were killed, which is 0.01% of the adult employees in the industry. Out of all the youth employed in the industry (2,004 youth), one youth was killed, which is 0.05% of the youth employed in the industry.
In light of the fact that teenagers were killed on construction sites in 2015 and 2017 as well, and this is not an isolated case, the document states that it can be said that this is a significantly higher rate than the total rate of adult fatalities in the industry, relative to their share of the total number of people employed in the industry.
The problem that the document raises is that construction sites are places with an especially high risk of accidents, and yet, teenagers are allowed to work there (subject to the limitations specified in the regulations).
As stated, the work of youth on construction sites is not only dangerous in theory, but its danger is realized, and the data in this regard were detailed above. Youth are a distinct group for whose work the State of Israel applies special protections in cases where the general protections established for the protection of workers are not adapted to their unique needs and are aimed at ensuring their physical, spiritual and professional development.
It appears that the protections currently provided for in the law are not successful in preventing the occurrence of work accidents involving youth.
At the time of publishing the document, the Ministry of Labor, Welfare and Social Services was debating between three alternatives for solving the problem.
Proposed alternatives
According to the first alternative , the only absolute prohibition on the employment of teenagers is on work at height, which is the main cause of injuries and deaths on construction sites – of both teenagers and adults. This alternative was seen as problematic because the prohibition, for example, makes it difficult for a safety inspector arriving at the site to unambiguously ascertain the types of work that the teenagers on site were performing. In addition, once the work of teenagers on site is permitted, at least in various areas, there is little room for assigning them additional tasks. Finally, the prohibition creates ambiguity regarding the legal situation on the part of employers, who are not necessarily familiar with the intricacies of the types of work that are permitted and prohibited for teenagers.
The second alternative created a clear and sweeping rule regarding the employment of youth in any construction work. Despite advantages such as simplifying the enforcement process, clarity for the employer, and a significant reduction in the probability of youth being harmed, the alternative still constitutes a burden on youth employed or seeking to be employed on construction sites, constitutes a burden on government apprenticeship programs that will be required to issue a directive prohibiting vocational schools from placing youth in apprenticeships on construction sites, which is expected to make it difficult to find suitable alternatives and to professionally train youth for employment in the construction industry, and finally, it imposes a burden on employers in the construction industry (employing youth is cheaper, characterized by flexibility such as employment during vacations and part-time work).
The third alternative proposed to prohibit the employment of youth only on saturated construction sites (which constitute more than half of the construction designations in Israel), regardless of the framework in which they are employed. The advantages of the ban are the focus on construction sites with the highest level of danger: saturated construction sites include work at height, the operation of complex equipment, lifting loads, a mix of types of work and many professionals at the same time. In addition, saturated construction sites are characterized by sites where tall buildings are being built, in a way that increases the risk of an accident as a result of a fall from a height. Finally, in non-saturated construction, greater control is possible over the operations carried out in the well, and the risks of falling from a height, although they exist, can be controlled and managed in a more feasible manner. This alternative also has disadvantages: first, a burden on employers who are prohibited from employing youth on saturated construction sites, second, a burden on government apprenticeship programs that will be required to instruct vocational schools not to conduct apprenticeships on saturated construction sites, and finally, a burden on youth who will not be able to work on saturated construction sites that constitute over half of the construction designations in Israel.
Finally, in the explanatory notes to the temporary order, the Ministry of Labor, which established the temporary order, explained that it chose another option, which was not explicitly mentioned in the document, as follows: "...in balancing the issue between protecting youth from unsupervised employment in construction work on construction sites, which could lead to harm to their health and safety, and continuing their training according to the Apprenticeship Law or in vocational training centers (which constitute a central anchor in the activities of the Ministry of Labor's labor arm), the best course of action is to impose a blanket ban, except in cases where the youth is employed as part of an apprenticeship or vocational training."
In making this choice, it appears that the Ministry of Labor sided with parts of the public who thought that a blanket ban should be imposed on youth work in construction, with a reservation regarding the work of youth employed under the Apprenticeship Law, 5713-1953, or in a vocational training center for youth within the meaning of Section 1(b)(3) of the Youth Labor Law, 5713-1953. In choosing this alternative, there is a very clear statement that wherever there is doubt about the realization of a risk with respect to youth, a reality of a complete ban should be created in order to prevent risk.
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