Responsibility of apartment owners and tenant representatives in safety in the construction industry
Apr 19, 2024
By: Attorney Eldan Danino, an expert in safety in the construction industry and corporate responsibility.
Comments from the perspective of an expert in safety and occupational accidents in the construction and infrastructure industry
In recent days, a very significant ruling was made, which, in my humble opinion, did not receive sufficient exposure, nor was it brought to the attention of those involved in the construction industry.
We are dealing with a ruling that deals with a fatal work accident in which a worker at a construction site in the city of Modi'in Illit died as a result of a fall from a height of 4 stories while working at the construction site.
As is known, according to the law in the State of Israel, in such a case, a police investigation is directly opened against the various officials at the construction site, and sometimes actual arrests are made.
But in this article, I would like to focus on the ruling that was received as a result of the tort claim filed by the heirs of the worker who died on the site. The tort claim was filed, among other things, against the construction company on the site, as well as against the apartment owners in the project.
By: Attorney Eldan Danino, an expert in safety in the construction industry and corporate responsibility.
Comments from the perspective of an expert in safety and occupational accidents in the construction and infrastructure industry
In recent days, a very significant ruling was made, which, in my humble opinion, did not receive sufficient exposure, nor was it brought to the attention of those involved in the construction industry.
We are dealing with a ruling that deals with a fatal work accident in which a worker at a construction site in the city of Modi'in Illit died as a result of a fall from a height of 4 stories while working at the construction site.
As is known, according to the law in the State of Israel, in such a case, a police investigation is directly opened against the various officials at the construction site, and sometimes actual arrests are made.
But in this article, I would like to focus on the ruling that was received as a result of the tort claim filed by the heirs of the worker who died on the site. The tort claim was filed, among other things, against the construction company on the site, as well as against the apartment owners in the project.
The plaintiffs' claim
The work at the construction site that was the subject of the fatal accident was carried out with gross negligence, so that, among other things, personal protective equipment (helmets, work shoes, safety harnesses, goggles, etc.) was not provided, as required by the occupational safety regulations - personal protective equipment, and work was also permitted at a height that was not in accordance with safety rules and laws, while no safety training was provided to the site workers, and the worker who died had no training for the job. At the end of the plaintiffs' claims, it was also claimed that the contractor who carried out the work was not a registered contractor in the Contractors' Register.
Regarding the apartment owners, it was alleged that they initiated the construction work on the project, and that they contracted with the contractor who later turned out to be not a registered contractor. In addition, it was alleged that they witnessed the gross negligence in managing the site in an unsafe manner, but did nothing to correct the safety deficiencies found on the site, despite the fact that they knew in real time about the safety deficiencies on the site.
If that were not enough, it was also claimed against the apartment owners that they were the ones who commissioned the work, and therefore they certainly have legal responsibility in everything related to safety, and since they were negligent in choosing a contractor who was a registered and licensed contractor to perform the construction work on the site, which ultimately led to a fatal work accident in which the worker died, the responsibility that rests on them regarding safety is increased liability.
The work at the construction site that was the subject of the fatal accident was carried out with gross negligence, so that, among other things, personal protective equipment (helmets, work shoes, safety harnesses, goggles, etc.) was not provided, as required by the occupational safety regulations - personal protective equipment, and work was also permitted at a height that was not in accordance with safety rules and laws, while no safety training was provided to the site workers, and the worker who died had no training for the job. At the end of the plaintiffs' claims, it was also claimed that the contractor who carried out the work was not a registered contractor in the Contractors' Register.
Regarding the apartment owners, it was alleged that they initiated the construction work on the project, and that they contracted with the contractor who later turned out to be not a registered contractor. In addition, it was alleged that they witnessed the gross negligence in managing the site in an unsafe manner, but did nothing to correct the safety deficiencies found on the site, despite the fact that they knew in real time about the safety deficiencies on the site.
If that were not enough, it was also claimed against the apartment owners that they were the ones who commissioned the work, and therefore they certainly have legal responsibility in everything related to safety, and since they were negligent in choosing a contractor who was a registered and licensed contractor to perform the construction work on the site, which ultimately led to a fatal work accident in which the worker died, the responsibility that rests on them regarding safety is increased liability.
In the ruling, the court accepted these claims, and indeed ruled that the tenants were liable in the circumstances of the case at hand. As a result, the court ruled that the contractor who carried out the work on the site would bear 85% of the total compensation awarded, and the apartment owners would bear 15% of the total compensation.
As someone who has been involved in the field of occupational safety in the construction and infrastructure industry for years, we are dealing with a ruling that is a breakthrough in the field of occupational safety. This is because, first of all, it directly links the principle that a contractor registered in the Contractors' Register is a contractor who has the power to comply with legal conditions and safety laws on the site, with all that this implies.
In addition, this ruling also recognizes for the first time that there is no legal immunity for apartment owners in a real estate project, and that apartment owners and tenant representatives have direct responsibility for all matters and safety issues at the construction site located within their real estate, and that they must comply with the various conditions that apply to them from a safety perspective.
The verdict
Unfortunately, as someone who is in the field and frequently visits construction sites throughout the State of Israel, a worrying picture emerges, as there are thousands of projects, both urban renewal and intensive construction on private land, where the apartment owners and/or landowners not only do not do what is required of them in all matters related to safety laws at work on the land they own, but they are also unaware of their legal exposure, both in terms of damages and criminal liability. This, as stated in the ruling, places them at the forefront of responsibility for safety on the construction sites they own.
A worrying picture
recommendation
Therefore, I suggested to apartment and land owners and tenant representatives that they consult from the outset with a lawyer specializing in occupational safety in the construction industry, in order to receive comprehensive legal advice and ongoing legal support, starting from the stages of formulating and drafting agreements, and later in selecting the contractor authorized to perform the work on the site, and ending with the stages of the work in the project, in order to reduce legal exposure in safety matters.
Eldan Danino, Attorney at Law – Eldan Danino & Co. Law Firm
Occupational safety and accident specialist in the construction and infrastructure industry
Therefore, I suggested to apartment and land owners and tenant representatives that they consult from the outset with a lawyer specializing in occupational safety in the construction industry, in order to receive comprehensive legal advice and ongoing legal support, starting from the stages of formulating and drafting agreements, and later in selecting the contractor authorized to perform the work on the site, and ending with the stages of the work in the project, in order to reduce legal exposure in safety matters.
Eldan Danino, Attorney at Law – Eldan Danino & Co. Law Firm
Occupational safety and accident specialist in the construction and infrastructure industry
