Law for the Prevention of Asbestos and Harmful Dust Hazards, 5771-2011
חוק למניעת מפגעי אסבסט ואבק מזיק, תשע"א-2011
Published: 2011-04-04Consolidated Hebrew text as of 2025-11-12 · Last amended 2023-11-19✓ Amendment status checked against the Knesset legislation record on 2026-09-29
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Chapter XI: Miscellaneous Provisions
Liability of an Office Holder in a Corporation§
70.
Where an act or omission was committed by a corporation in contravention of the provisions under this Law, constituting a tort under any law, a person shall also be liable for the tort if at that time that person was an active director in the corporation, a partner, excluding a limited partner, or a senior employee responsible for the area in which the tort was committed, unless that person proved both of the following:
(1)the tort was committed without that person's knowledge;
(2)that person took reasonable measures in the circumstances of the matter in order to prevent the tort.
Application of the Provisions of the Law to Harmful Dust§
71.
(a)The Minister, after consulting the Minister of Health and the Minister of Industry, Trade and Employment and with the approval of the Interior and Environmental Protection Committee of the Knesset, may designate a substance as harmful dust for the purposes of this Law, and may prescribe the provisions under this Law that shall apply in respect of such harmful dust, with or without modifications, and may prescribe limitations on the application of such provisions in respect of that substance.
(b)Where provisions are prescribed pursuant to subsection (a), the provisions of this Law applying to asbestos shall be read as if they apply to harmful dust in respect of which such provisions have been prescribed, unless otherwise prescribed in those provisions.
Transfer of Fines and Financial Penalties to the Fund for the Preservation of Cleanliness§
72.
A fine and a financial penalty imposed under this Law shall be paid to the Fund for the Preservation of Cleanliness; however, a fine imposed as a result of the exercise of the powers of a local authority employee shall be paid to the treasury of the local authority.
Application of the Tax Ordinance (Collection)§
73.
The Tax Ordinance (Collection) shall apply to the collection of financial penalties, fines and costs under this Law.
Asbestos Evacuation from the Western Galilee§
74.
(a)In this section —
"the Western Galilee asbestos evacuation project" means a project for the location, removal and burial of asbestos waste originating from an asbestos manufacturing plant in the Western Galilee, which was buried or scattered within a radius not exceeding 15 km from the plant, excluding land in the ownership of asbestos companies, in the scope and in the manner as ordered by the Minister in consultation with the Minister of Finance, and in respect of the budgetary aspect of the project — with the consent of the Minister of Finance;
"asbestos companies" means companies that, on a date preceding the commencement date, were engaged in the manufacture of asbestos in the Western Galilee.
(b)The Western Galilee asbestos evacuation project shall be financed from the State budget and from payments to be transferred by the asbestos companies, as well as from payments to be transferred by local authorities within whose jurisdiction the project is being carried out (in this section — the local authorities).
(c)A separate account shall be maintained in the Fund for the Preservation of Cleanliness to serve for the financing of the costs, direct or indirect, of the Western Galilee asbestos evacuation project (in this section — the separate account).
(d)The Minister, with the consent of the Minister of Finance, after having given the local authorities and the asbestos companies an opportunity to submit their arguments, shall order the amounts to be transferred by the local authorities and the asbestos companies to the separate account and the dates for their payment, provided that the total amount to be transferred by the asbestos companies shall equal the total amount of payments to be transferred from the State budget and from the local authorities together; however, the total amount to be transferred by the asbestos companies as aforesaid shall not exceed NIS 150 million.
(e)In determining the amount of the payment and its dates pursuant to subsection (d), the Minister shall take into account, inter alia, the scope of the State budget allocated to the financing of the total costs of the project, the budget actually expended, and in respect of the local authorities — the identity of the holders of rights in the land on which asbestos is present, the uses made of such land and the scope of the liability of the authorities in respect thereof, as well as the economic situation of the local authorities.
Application to the State§
75.
(a)This Law shall apply to the State; however —
(1)the Minister, with the consent of the Responsible Minister, shall prescribe in a procedure the implementation of the exercise of the powers of the Administrator and the Supervisor pursuant to section 48 in a body listed in the definition of "defence establishment"; the procedure may prescribe information security rules that shall apply to the exercise of the said powers; the first procedure under this paragraph shall be prescribed within 90 days of the commencement date of this Law, and in the absence of agreement between the Ministers — by the Prime Minister, within 30 days thereafter;
(2)notwithstanding the provisions of section 48, an authorised officer may delay the immediate entry of the Administrator or the Supervisor into an installation held by the defence establishment or any part thereof, if that officer found that one of the following has occurred, provided that the officer notifies the Administrator or the Supervisor thereof in the manner prescribed in the procedure, and sets a new date for the entry of the Administrator or the Supervisor, as early as possible after the reason preventing entry has ceased to exist:
(a)entry at that time would disrupt operational or intelligence activity, or a criminal investigation, or a large-scale training exercise or drill, or one in which combat means are being used;
(b)hostile activity is taking place at the location;
(c)activity is being conducted at the installation to which the Administrator or the Supervisor is not permitted to be exposed for reasons of State security or the foreign relations of the State of Israel;
(3)where the Administrator or the Supervisor demanded that a person identify themselves before the Administrator or the Supervisor for the purpose of exercising powers under section 48 vis-à-vis the defence establishment at an installation held by the defence establishment, and the orders or procedures of the defence establishment prohibit that person from identifying themselves except before a person authorised to receive such identification thereunder, that person may refrain from presenting an identity document and may identify themselves in the manner to be prescribed in the procedure;
(4)measurements, samples and sampling equipment taken from an installation held by the defence establishment that are, or whose results are, liable to be classified, shall be carried out and stored in classified laboratories, as shall be prescribed in the procedure, provided that this shall not operate to prevent the taking of a measurement or sample;
(5)(Repealed)
(6)the Administrator or the Supervisor shall not exercise powers vis-à-vis the defence establishment under the provisions of section 48, except after undergoing an appropriate security clearance, and in accordance with the information security rules practised by the body listed in the definition of "defence establishment" against which the power is exercised as aforesaid;
(7)requests, documents and any other information that the defence establishment is required to furnish under the provisions of this Law, except pursuant to section 48(a)(2) (in this section — information), which are classified, shall be furnished only to a person holding an appropriate security clearance and in accordance with the information security rules practised by the body listed in the definition of "defence establishment" that is concerned, and if there are no persons holding such security clearance — to the Director General of the Ministry or to a senior employee directly subordinate to the Director General, provided that such person holds an appropriate security clearance;
(8)notwithstanding the provisions of section 48(a)(2), the furnishing of information or a document, in whole or in part, to the Administrator or the Supervisor shall be in accordance with that person's security clearance and in accordance with the information security rules of the security body; however, an authorised officer may order that —
(a)certain information or a document of special security sensitivity shall not be transferred to the Administrator or the Supervisor, even if that person's security clearance is appropriate, but only to an employee of the Ministry of Environmental Protection as shall be prescribed in the procedure;
(b)the Administrator or the Supervisor shall not remove from a security installation a certain document that the authorised officer has determined to be of special security sensitivity; such a document shall be stored in a place designated for that purpose at the installation and shall be accessible to the Administrator, the Supervisor or the Ministry employee as referred to in sub-paragraph (a), as the case may be, in accordance with the information security rules of a body from among the bodies listed in the definition of "defence establishment";
(c)classified information not directly connected to the grounds for inspection shall not be included in the information or document furnished to the Administrator, the Supervisor or the Ministry employee as referred to in sub-paragraph (a), provided that the relevant party is informed that information has been omitted;
(9)information shall not be published under the provisions of this Law if its publication is liable to harm State security;
(10)a person who received information as referred to in paragraph (7) or (8) shall treat it in accordance with the directives of a security officer at the Ministry of Environmental Protection regarding information security.
(b)In this section —
"appropriate security clearance" means a security clearance as defined in section 15 of the General Security Service Law, 5762-2002;
"Security Regulation Law" means the Law for the Regulation of Security in Public Bodies, 5758-1998;
"security officer" means as defined in the Security Regulation Law;
"procedure" means a procedure in respect of the exercise of supervisory powers as ordered by the Minister, pursuant to the provisions of the relevant subsection (b), as the case may be;
"senior officer" means an officer of the rank of lieutenant colonel, deputy superintendent or deputy brigadier, at least, as the case may be, or a person whose rank is equivalent to such a rank;
"authorised officer" means —
(1)in respect of the bodies listed in paragraphs (1) and (4) of the definition of "defence establishment" — as defined in section 21 of the Security Regulation Law;
(2)in respect of the Israel Defence Forces — the Head of the Information Security Department of the Israel Defence Forces or a senior officer authorised by that officer for this purpose;
(3)in respect of the General Security Service — the Head of the General Security Service or a senior employee of the Service authorised by the Head for this purpose;
(4)in respect of the Institute for Intelligence and Special Operations — an authorised officer as defined in section 21a of the Security Regulation Law;
(5)in respect of the Israel Police — a senior officer authorised by the Inspector General of the Israel Police for this purpose;
(6)in respect of the Israel Prison Service — a senior officer authorised by the Commissioner of Prisons for this purpose;
(7)in respect of the Witness Protection Authority — the Head of the Witness Protection Authority or a senior employee of the Authority authorised by the Head for this purpose;
"Responsible Minister" means —
(1)in respect of the bodies listed in paragraphs (1), (2) and (5) of the definition of "defence establishment" — the Minister of Defence;
(2)in respect of the bodies listed in paragraphs (3) and (4) of the definition of "defence establishment" — the Prime Minister;
(3)in respect of the bodies listed in paragraphs (6) and (7) of the definition of "defence establishment" — the Minister of Public Security.
Savings Provisions§
76.
The provisions of this Law are intended to add to the provisions of any other law and not to derogate therefrom.
Limitation on Application to Employees§
77.
Notwithstanding the provisions of section 76, the provisions of this Law shall not apply to the exposure of an employee to asbestos and to harmful dust at the employee's workplace, where provisions have been prescribed in that regard under the Safety at Work Ordinance [New Version], 5730-1970.
Implementation and Regulations§
78.
(a)The Minister is responsible for the implementation of the provisions of this Law and may make Regulations on any matter relating to its implementation, including on the following matters:
(1)the manner of submitting applications for a licence under this Law and for its renewal, and for obtaining a permit for asbestos work;
(2)the manner of carrying out asbestos works, including the transport of asbestos and its burial;
(3)the prevention of asbestos hazards and the manner of dealing with them;
(4)the marking of asbestos and asbestos waste, the placement of warning signs and public notification;
(5)reporting obligations to the Administrator or the Supervisor that shall apply to those engaged in asbestos or to those making existing use of asbestos as referred to in sections 4 to 8;
(6)the regulation of the continued existing use of asbestos, including the prescription of obligations, restrictions and conditions that shall apply to such use;
(7)the prescription of obligations, restrictions and conditions on those engaged in asbestos, including provisions, conditions and restrictions concerning the manner of employment and activity of a responsible employee in order to ensure that person's professionalism and activity in accordance with the provisions under this Law, as well as provisions concerning the prevention of conflicts of interest and the prevention of misrepresentation.
(b)Regulations as referred to in subsection (a)(6) and (7) and Regulations as referred to in sections 14(b)(2) and 36(b) require the approval of the Interior and Environmental Protection Committee of the Knesset.
Fees and Levies§
79.
(a)The Minister, with the approval of the Interior and Environmental Protection Committee of the Knesset, may prescribe fees for the submission of applications for a licence or a permit for asbestos works under this Law and for their renewal, for the grant of such a licence or permit, for examinations and training courses under this Law and for the carrying out of inspections, as well as annual fees in respect of licences.
(b)The Minister, with the consent of the Minister of Finance and with the approval of the Interior and Environmental Protection Committee, may prescribe a levy on the continued existing use of asbestos, to be imposed on an owner or occupier of an asset, and may prescribe different rates of levy for different uses.
(c)The Minister may prescribe, inter alia, the rates of the fees and levies as referred to in subsections (a) and (b), the manner and time of their payment, their linkage and the methods of their collection, arrears interest and collection costs.
Amendment of the Fines, Fees and Costs Collection Authority Law – No. 11§
80.
In the Fines, Fees and Costs Collection Authority Law, 5755-1995, in section 1, in the definition of "debt", in paragraph (9), after sub-paragraph (g) the following shall come:
"(h) for the purpose of executing an administrative Order in respect of asbestos, pursuant to section 49 of the Law for the Prevention of Asbestos and Harmful Dust Hazards, 5771-2011;".
Amendment of the Administrative Affairs Courts Law – No. 57§
81.
In the Administrative Affairs Courts Law, 5760-2000, in the First Schedule, in item 23, at the end thereof the following shall come:
"(8) Decisions of the Administrator or the Supervisor under the Law for the Prevention of Asbestos and Harmful Dust Hazards, 5771-2011.".
Amendment of the Cleanliness Preservation Law – No. 18§
82.
In the Cleanliness Preservation Law, 5744-1984, in section 10 —
(1)in subsection (b), at the end thereof the following shall come: "and for the implementation of the provisions of the Law for the Prevention of Asbestos and Harmful Dust Hazards, 5771-2011, and for the advancement of its purposes";
(2)in subsection (e), in place of "and donations" the following shall come: "donations, and any other source prescribed by law".
Amendment of the Law for the Prevention of Environmental Nuisances (Civil Actions) – No. 8§
83.
In the Law for the Prevention of Environmental Nuisances (Civil Actions), 5752-1992, in section 1 —
(1)after the definition of "radiation pollution" the following shall come:
""asbestos hazard" means as defined in the Law for the Prevention of Asbestos and Harmful Dust Hazards, 5771-2011;";
(2)in the definition of "environmental nuisance", after "harm to the coastal environment" the following shall come: "asbestos hazard".
Commencement§
84.
This Law shall commence four months from the day of its publication; however, Section 74 shall commence on the day of publication of this Law.
Transitional provisions§
85.
(a)A person who holds, on the eve of the commencement day, a cement asbestos contractor approval issued by the Technical Committee for Harmful Dust (in this Section – the Technical Committee) under the Safety at Work (Occupational Hygiene and Public and Employee Health in Harmful Dust) Regulations, 5744-1984 (in this Section – the Harmful Dust Regulations), shall be deemed: the employee whose name is specified in such approval – a responsible employee of a cement asbestos contractor who received an approval under this Law, and the employer whose name is specified in the approval – a cement asbestos contractor who received a licence under this Law, and they shall be entitled to perform cement asbestos work in accordance with the conditions of the approval and the provisions under this Law, for as long as the employer is a registered contractor as referred to in section 16(a)(2) and the employee is employed by the employer, and all of this until the end of one year from the commencement day, even if the conditions of sections 16 and 17 are not satisfied in their regard.
(b)A person who holds, on the eve of the commencement day, a cement asbestos inspector approval issued by the Technical Committee under the Harmful Dust Regulations, shall be deemed a responsible employee of a cement asbestos contractor under this Law even if a condition of the conditions of sections 16 and 17 is not satisfied in the person's regard, and the person shall be entitled to perform cement asbestos work for which the superintendent has granted a permit, even if the contractor with whom the person performs the work is not an asbestos contractor, provided that the person acted in accordance with the conditions of the approval and the permit as aforesaid, and all of this until the end of one year from the commencement day.
(c)A person who holds, on the eve of the commencement day, a friable asbestos contractor approval issued by the Technical Committee under the Harmful Dust Regulations, shall be deemed: the employee whose name is specified in the approval – a responsible employee of a friable asbestos contractor who received an approval under this Law, and the employer whose name is specified in the approval – a friable asbestos contractor who received a licence under this Law, and they shall be entitled to perform asbestos work in accordance with the conditions of the approval and the provisions under this Law, for as long as the employer is a registered contractor as referred to in section 16(a)(2) and the employee is employed by the employer, and all of this until the end of one year from the commencement day, even if a condition of the conditions of sections 16 and 17 is not satisfied in their regard; upon the expiry of the said period, the director may grant a responsible employee approval of a friable asbestos contractor to a person to whom the provisions of this subsection apply, even if the condition referred to in section 17(b)(2)(b) is not satisfied in the person's regard, provided that that employee received the Technical Committee's approval at least 12 months before the commencement day.
(d)A person who holds, on the eve of the commencement day, a friable asbestos inspector approval issued by the Technical Committee under the Harmful Dust Regulations, shall be deemed –
(1)a friable asbestos inspector under the provisions of this Law until the end of one year from the commencement day, even if the conditions of section 18 are not satisfied in the person's regard; upon the expiry of the said period, the director may grant a friable asbestos inspector licence under the provisions of this Law to a person to whom the provisions of this paragraph apply, even if what is stated in section 18(2) is not satisfied in the person's regard;
(2)a person who received a responsible employee approval of a friable asbestos contractor until the end of one year from the commencement day, even if the conditions of section 17(b)(2)(a) are not satisfied in the person's regard, and for as long as the employer is a registered contractor as referred to in section 16(a)(2) and the employee is employed by the employer; upon the expiry of the said period, the director may grant a responsible employee approval of a friable asbestos contractor under the provisions of this Law to a person to whom the provisions of this paragraph apply, even if what is stated in section 17(b)(2)(a) is not satisfied in the person's regard.
(e)A laboratory that, on the eve of the commencement day, was accredited under the Harmful Dust Regulations to perform laboratory tests, shall be deemed an analysis laboratory under the provisions of this Law until the end of two years from the commencement day, even if the conditions of section 19 are not satisfied in its regard.
(f)A laboratory that, on the eve of the commencement day, was accredited under the Harmful Dust Regulations to take an air sample, shall be deemed a sampling laboratory under the provisions of this Law until the end of two years from the commencement day, even if the conditions of section 20(a) are not satisfied in its regard.
(g)A laboratory tester employed in a laboratory accredited under the Harmful Dust Regulations to take an air sample, who, on the eve of the commencement day, was accredited under the Harmful Dust Regulations to take an air sample, shall be deemed an asbestos sampler under the provisions of this Law until the end of two years from the commencement day, even if the conditions of section 20(b) are not satisfied in the person's regard.
(h)A person who, before the commencement day, completed a training course for asbestos contractors and inspectors and, upon its conclusion, passed the examination successfully, and the director recognised the course and the examination for the purposes of this subsection, shall be deemed an asbestos surveyor under the provisions of this Law until the end of one year from the commencement day, even if the conditions of section 21 are not satisfied in the person's regard.
(i)A waste site operator who, under the conditions of the business licence held by the operator, as defined under the Business Licensing Law, 5728-1968, on the eve of the commencement day is entitled to bury friable asbestos waste or cement asbestos waste, as the case may be, at the waste site, may continue to bury asbestos waste at the waste site until the end of one year from the commencement day, even without an asbestos waste site operator licence, provided that the operator acts in accordance with the conditions and provisions that applied to the operator on the eve of the commencement day.
(j)An approval to perform asbestos work issued by the Technical Committee under the Harmful Dust Regulations, which was in force on the eve of the commencement day, shall be deemed an asbestos work permit granted under this Law until the end of six months from the commencement day.
(k)Until the appointment of the Professional Committee as referred to in section 42, the Technical Committee shall continue to serve and shall have the powers of the Professional Committee under this Law.
(l)
(1)Notwithstanding what is stated in section 3 and without derogating from the provisions of section 9, a body listed in paragraph (5) of the definition of "defence establishment" and specified below may continue to produce a product containing asbestos in whose production it was engaged on the eve of the commencement day, and also to hold it and to perform work on or make use of it, all for a period not exceeding four years from the commencement day:
(a)Israel Military Industries Ltd. – Givon Division;
(b)Rafael Advanced Defense Systems Ltd.;
(2)The Minister of Defence shall report to the Minister, annually, on progress in finding alternatives to the use of asbestos in products as referred to in paragraph (1).
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