As is well known, the construction sector is characterized by a high number of accidents resulting in property and bodily damage, including approximately 6,000 injured workers, of whom about 50 are fatalities each year.
It is clear that these significant statistics have a direct impact on the insurance coverage (and exclusions) that insurance companies will offer you. It is understood that this data reduces the scope of insurance coverage they will be willing to undertake. We will immediately return to the matter of how safety's impact on expanding or excluding insurance coverage, but first, we will present an excerpt from the regulatory definitions regarding the chain of responsibility for safety in construction work.
It is important to understand - lack of knowledge and/or understanding of the laws, regulations and standards that govern safety and liability aspects in the construction industry may be detrimental to the client, developer, contractor or private builder.
In the following lines, we will briefly address the responsibilities of the various parties involved in a construction project.
The various regulations have defined the operational characteristics and responsibilities of each party at the construction site, from which it emerges that - the full responsibility for what happens at a construction site rests with the 'Construction Executor' (and the work manager on their behalf).
The chain of responsibility for safety in construction work. So who is responsible here?
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Definition of Functionaries as Defined in Workplace Safety Regulations - Construction Work
"Construction Executor" The construction executor is a main contractor or client who performs all or part of the work through their own employees or through contractors working for them. The construction executor bears ultimate responsibility for selecting the various parties with whom they will contract for planning and execution of the work. They must engage appropriate professionals with the qualifications to perform the planning and construction work, and do everything in their power to prevent themselves from being sued together with negligent planners/executors. Additionally, the construction executor may also be the property owner or someone to whom the property owner has delegated authority to contract with contractors for performing construction or engineering work, in whole or in part.
"Work Client" May be defined in terms of their status according to construction work safety regulations as the "Construction Executor," in which case the responsibility imposed on them may be more extensive.
"Main Contractor"
One who enters into a contractual agreement with a client to perform construction or engineering work.
"Subcontractor" One who has entered into a contractual agreement with a main contractor to perform construction or engineering work.
It is recommended to also read about Contractor Insurance and Contractors All Risks Insurance.
More on the same topic:
Insurance Coverage
One of our exclusive characteristics is the comprehensive view of every project. The implications of this characteristic are expressed not only in the insurance aspect but also in the overall aspect of the execution processes in the field and weighing every component and factor that could influence the insurance coverage. Thus, we are the only agency that employs a team of experts who handle our clients as needed, including professionals from the safety and accident investigation field, insurance surveyors, engineers, and specialists in their fields according to the project's needs and characteristics. This team is deployed, as needed, already at the stage of formulating and building the policy, and its great contribution is risk analysis and forming recommendations that serve us for building coverage extensions in the policy and dealing with exclusions to insurance coverage.
Additionally, we provide our clients with assistance and spotlight guidance on safety matters at construction sites, for example:
Tips regarding types of safety training to be given to workers (and residents in TAMA 38 projects)
Tips and information regarding the implementation of standards and regulations concerning safety at construction sites according to legislative requirements
Formulating creative solutions for building insurance policies that pave the way for maximum coverage and alleviate insurance company concerns about unnecessary risks
And in any case, always, to achieve maximum insurance coverage for you at minimum cost.
Definition of the Safety Chain as Formulated in the Construction Work Safety Regulations
הנה התרגום לאנגלית:
Regulation 6 - Main Contractor and Subcontractors
(a) If the client has assigned the construction execution to a main contractor, they shall be regarded as the construction executor for the purposes of these regulations, and the obligations imposed by these regulations on the construction executor shall apply to them.
(b) If a main contractor employs subcontractors in performing construction operations, the main contractor shall be regarded as the construction executor, as stated in sub-regulation (a).
(c) If the client has assigned the construction operation to more than one main contractor, the client shall be regarded as the construction executor for the purposes of these regulations, and the obligations imposed on the construction executor shall apply to them.
(d) The provision of sub-regulation (c) shall not apply if one of the main contractors has assumed overall responsibility for implementing the provisions of these regulations, confirmed this in writing, and sent notification of the appointment, as stated in Regulation 2, to the regional labor inspector in whose region the work is being performed.
Due to the importance of this matter, we emphasize that if the client assigns work execution to more than one main contractor - the client will be considered the "Construction Executor" and therefore all obligations imposed on the construction executor will apply to the client, unless the client has appointed one of the main contractors employed by them, through a written contract, as the one who assumes responsibility for coordinating the implementation of all safety arrangements required at the site during construction work execution.
Work Manager
Given that construction sites are saturated with professionals, workers, contractors, suppliers, consultants, etc., coordinating and scheduling the various professionals safely requires centralizing responsibility for the various safety aspects in the hands of one party. In light of this, construction work safety regulations require that the construction executor appoint, at the construction site, a qualified work manager who will be the exclusive address and primary person responsible for all safety matters at the site.
Safety Officer in a Construction Company
A construction executor employing more than 100 workers (including subcontractor employees) across all their sites combined - is obligated according to the Work Supervision Organization Regulations (Safety Officers) 1996 - to appoint a "Safety Officer" - a person with a competency certificate from the Ministry of Labor/Chief Labor Inspector. In 2016, the Chief Labor Inspector published a binding procedural directive that every contractor classified as Grade 5-3 contractor must also appoint a safety officer in their company, regardless of the number of employees.
Site Visitors
Site visitors may include: apartment buyers, suppliers, contractors, and professionals related to work execution, such as consultants, inspectors, etc. According to Section 242 of the Work Safety Ordinance, a site visitor is treated the same as a site worker, and the chief work manager is responsible for their safety during their stay at the site. Such a visitor is also subject to the chief work manager in terms of safety aspects and must comply with safety instructions at the site.
The various regulations defined the characteristics of the activity and responsibility of each party on the construction site, and they indicate that - full responsibility for what happens on a construction site lies with the 'construction operator' (and the construction manager on his behalf).
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