Liability and responsibility in the construction industry are subject to a long series of laws, regulations, collective agreements, procedures, practices, etc. Since insurance is activated based on the existence of tort liability, it is very important to be familiar with the legislation and regulations that apply to the players in the industry.
Often the determination of whether a company or professional is entitled to insurance coverage or not is derived from a purely legal question. Not infrequently, matters are even placed before legal forums.
Thus, for example, in matters such as professional negligence, one must investigate whether conceptual and concrete duties of care were violated according to the Torts Ordinance, and in construction industry accidents, one must refer to the hierarchy of responsibility in the triangle between the work orderer, construction performer, and work manager.
Pay attention! Experience teaches that claims for insurance events are filed against all those involved and in many cases liability is divided and/or proceedings are conducted between the various insurance companies.
At Itzik Simon Insurance Agency, we make available to you decades of experience in experimenting, implementing, and putting to the test a multitude of laws and safety regulations in the construction industry. At your disposal is also a leading team of expert lawyers who work at the agency at various nodes and provide direct legal-insurance response to our clients.
Safety laws and regulations
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Relevant regulations and laws
Many laws concern the construction industry and affect the liability and responsibility of those involved in it. Starting from aspects related to the Insurance Contract Law regarding the validity of clauses in one or another policy, through bodily or property damage that establishes entitlement to compensation under the Torts Ordinance, and ending, of course, with strict adherence or non-compliance with occupational safety regulations in their various forms.
On the Itzick Simon Insurance Agency website, you can review laws and regulations as well as read relevant content with interpretations, rulings, expansions, and explanations. Including regarding how insurance policies in the construction industry correspond with these laws and regulations in real time.
Occupational safety regulations
The Occupational Safety Ordinance [New Version], 1970, is the main legislation in Israel that deals with the issue of occupational safety. The ordinance concerns construction work and also includes regulations derived from it specifically for the construction industry.
For example: Occupational Safety Regulations (Construction Work), 1988-1988, Occupational Safety Regulations (Work at Height), 2007-2007, Occupational Safety Regulations (Personal Protective Equipment), 1997-1997, Occupational Safety Regulations (Electricity), 1990-1990, Occupational Safety Regulations (Tower Cranes), 1966-1966, and more.
Often, when a work accident occurs that requires the activation of an insurance policy, the insurance company will ask to verify that the insured and his employees have complied with the instructions and regulations that apply to them.
Since a violation of occupational safety laws and regulations may affect insurance coverage, we at the agency strive to inform our clients on issues relevant to their activities, along with publishing a large amount of content and articles on issues related to occupational safety regulations for their various functions.
The chain of responsibility for safety
Maintaining safety at work is a complex process that requires cooperation between various parties, each of whom has a unique and significant responsibility.
At the top of the chain of responsibility is the construction operator, who bears ultimate responsibility for the safe execution of the project. He must ensure that the professionals employed on site are suitable for the type of work, qualified and experienced, and that all stages of the work are carried out in accordance with the mandatory safety instructions.
Another important function is the work orderer (the developer), who has a fundamental role in the chain of responsibility, especially when he also serves as the construction operator, and then the responsibility imposed on him expands. Please note! The tendency of the legislator is to impose comprehensive responsibility for safety on the developer, and this is reflected in the reforms carried out by the Ministry of Labor in the safety regulations. Including regarding the imposition of responsibility on the developer (until recently, he was not included in the chain of responsibility for safety on construction sites).
The chain of responsibility also includes the foreman, who is responsible for managing safety on the site. He must ensure that the work is carried out in accordance with safety guidelines and requirements, without deviating from standards. The foreman's role requires him to identify risks, check that workers are using appropriate protective equipment, report deficiencies, and learn lessons.
The chain of responsibility extends to subcontractors who are responsible for implementing safety procedures in their field of activity, while ensuring the employment of qualified employees and the use of required protective equipment.
Construction site accidents
Construction site accidents are unfortunately a "scourge of the state" and are not a new phenomenon. Every year, the construction industry finds itself in the "disrespectful" first place in the tables of work injuries. Not only that, accidents on construction sites can be serious and fatal, with every small mistake costing a person their life.
As an insurance agency that has been involved in construction insurance for decades, we always emphasize that the best insurance is "preventing the blow."
Our agency invests heavily in lectures, conferences, briefings, and publishing materials related to, among other things, occupational safety, occupational accidents, laws and regulations related to the subject, etc. We see this as a mission and invest significant resources in educating the market and providing our clients with specific answers to any questions or requests in this area.
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