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 VI: Performance of Asbestos Works
Duty to Obtain an Asbestos Work Permit§
36.
(a)A person shall not perform a specific asbestos work for which no exemption has been granted under the provisions of subsection (b) (in this Chapter — work requiring a permit), unless the supervisor has granted a permit for its performance under the provisions of section 37 and in accordance with the provisions under this Law and the conditions of the permit.
(b)The Minister may prescribe types of asbestos works that shall be exempt from the requirement to obtain an asbestos work permit, having regard to the scope of the work, its complexity and the degree of risk to the public and to the environment involved in its performance, and may make such an exemption conditional on duties, restrictions and conditions that shall apply to its performance, including a duty to employ a person engaged in asbestos of a specific type for that purpose.
Asbestos Work Permit, Conditioning on Conditions or Refusal to Grant§
37.
(a)A person who wishes to perform asbestos work requiring a permit (in this Chapter — the commissioner) shall submit to the supervisor an application for an asbestos work permit through an asbestos contractor holding a licence appropriate for the performance of the work, and if the work involves friable asbestos — through a friable asbestos supervisor; such an application shall be submitted in the manner directed by the supervisor, and shall be accompanied by a plan for the performance of the work as referred to in section 39(c)(1) or (d)(2)(a), as the case may be, and by information and documents as required by the supervisor, whether generally or for a specific application; the supervisor may require the applicant to provide additional information and documents required for the purpose of deciding on the application.
(b)Where an application for an asbestos work permit has been submitted, the supervisor shall consider whether to approve or refuse to approve it, and may also make the permit conditional on duties, restrictions and conditions required inter alia to ensure that the asbestos work is performed in accordance with the provisions under this Law, having regard to the scope of the asbestos work, its complexity and the degree of risk to the public and to the environment involved in its performance, and may grant an asbestos work permit for a specific asbestos work or for several asbestos works, which shall be specified in the permit.
(c)The supervisor may, if the supervisor finds that the circumstances of the matter so require, make the grant of an asbestos work permit for a specific asbestos work that is not friable asbestos work conditional on its performance by a friable asbestos contractor, or by a cement asbestos contractor under the supervision of a friable asbestos supervisor.
(d)
(1)The supervisor shall notify the applicant of the supervisor's decision on an application for an asbestos work permit as referred to in this section within 30 days of the date of its submission with all the particulars required under the provisions of this Law; the supervisor may, by a reasoned written notice, extend the said period by an additional 60 days if the supervisor considers it necessary to do so due to the complexity of the application or the scope of the work applied for;
(2)if the supervisor has required the applicant to provide additional information and documents as referred to in subsection (a), the period of time until the provision of such information and documents shall not be counted in the periods referred to in paragraph (1).
(e)If the supervisor has approved an application under this section, the application, including every document annexed thereto, and the supervisor's decision on the application shall be published on the website of the Ministry of Environmental Protection and shall be made available for public inspection at the offices of the supervisor; however, the supervisor shall not publish such information if the supervisor has found that one of the grounds listed in section 9(a) of the Freedom of Information Law, 5758-1998 applies, and the provisions of sections 10 and 11 of that Law shall apply; information under this subsection shall be published for at least one year from the date of completion of the work, as referred to in section 39(b).
Duties of a Person Commissioning Work Requiring a Permit§
38.
(a)A commissioning party shall not employ a person in performing asbestos work or in performing air sampling in connection with such work, unless that person has presented before him a valid licence appropriate for the performance of the work.
(b)A commissioning party of work requiring a permit in cement asbestos shall employ, in addition to a cement asbestos contractor, a sampling laboratory for the purpose of fulfilling the provisions under this Law.
(c)A commissioning party of work requiring a permit in friable asbestos shall employ, in addition to a friable asbestos contractor, a friable asbestos inspector and a sampling laboratory for the purpose of fulfilling the provisions under this Law.
Performance of Asbestos Work and Its Completion§
39.
(a)Asbestos work for which a permit has been granted for its performance under the provisions of section 37 shall be performed in a manner that prevents risk to the public and the environment, through the use of equipment and instruments appropriate for the work, including the performance of the following actions:
(1)demarcation and fencing of the work site;
(2)notification of the public using the work site and its vicinity regarding the planned work, and guidance thereof regarding appropriate rules of conduct;
(3)placement of warning signs at the work site and its vicinity regarding the prohibition on entry to the work site and the possible risk to those not authorised to do so;
(4)dispersal, before the commencement of work, of binding material or water on the asbestos at the work site, with the aim of preventing or reducing the dispersal of asbestos fibres during the work, and performance of the work in a manner that prevents the creation of visible dust;
(5)collection of the asbestos and asbestos waste at the work site, their wrapping in double and sealed packaging in a manner that prevents leakage or release therefrom, marking the packaging as the Commissioner shall direct, and removal of the waste to an asbestos waste site in accordance with the provisions of this Law;
(6)taking measures to verify the absence of asbestos at the work site and its surroundings upon completion of the work, including cleaning of the work site of asbestos, and including cleaning of structural parts and objects located at the work site or removing the structural parts and objects in the manner in which asbestos waste is removed;
(7)performance, by means of an asbestos sampler, of air sampling at the work site and its vicinity; the Commissioner may direct the dates for the performance of the air sampling, their number and the manner of their performance, and the maximum permissible concentration of asbestos fibres upon completion of the asbestos work, and may, in special circumstances, exempt a commissioning party who requests this from the duty of performing the sampling as aforesaid;
(8)fulfilment of duties, restrictions and conditions that were set in the asbestos work permit.
(b)An asbestos contractor performing asbestos work under a permit, and in friable asbestos work — also a friable asbestos inspector supervising the work, is responsible for the completion of the asbestos work in accordance with the provisions of the permit granted for its performance, and such contractor or inspector shall not be regarded as having fulfilled the duty to complete the asbestos work unless all of the following have been met:
(1)the asbestos and asbestos waste have been removed from the work site and buried in accordance with the provisions under this Law and confirmation thereof has been delivered to the Commissioner;
(2)air sampling results have been received from an analysis laboratory attesting that there is no deviation from the maximum permissible concentration of asbestos fibres at the work site, in accordance with the Commissioner's determination as stated in section 39(a)(7) and the conditions of the asbestos work permit;
(3)a report on the completion of the work has been submitted to the Commissioner.
(c)Without derogating from the provisions of subsections (a) and (b), an asbestos contractor performing asbestos work in cement asbestos is responsible for ensuring that the asbestos work is performed in accordance with the provisions under this Law; within the framework of his responsibility as aforesaid, the asbestos contractor shall act, inter alia, as detailed below, by means of an employee of his who is a responsible employee and holds a valid certificate:
(1)shall prepare a plan for the performance of cement asbestos work and shall submit it to the Commissioner together with the application for the asbestos work permit;
(2)shall manage the performance of the work and supervise its performance by his employees in accordance with the plan as approved by the Commissioner and in accordance with the conditions of the asbestos work permit.
(d)
(1)A friable asbestos contractor performing asbestos work in friable asbestos, and a friable asbestos inspector supervising the work, are responsible for ensuring that the asbestos work is performed in accordance with the provisions under this Law and in accordance with the asbestos work permit;
(2)Within the framework of his responsibility as stated in subsection (a), a friable asbestos inspector shall act, inter alia, as detailed below:
(a)shall prepare a plan for the performance of friable asbestos work and shall submit it to the Commissioner together with the application for the asbestos work permit;
(b)shall supervise the performance of the work by the asbestos contractor and his employees;
(3)Within the framework of his responsibility, a friable asbestos contractor shall, by means of an employee of his who is a responsible employee and holds a valid certificate, manage the performance of the work and supervise its performance by his employees in accordance with the work plan as approved by the Commissioner and in accordance with the conditions of the asbestos work permit and the directions of a friable asbestos inspector.
(e)Where asbestos work, as stated in subsections (c) and (d), was performed by means of a responsible employee, the responsible employee shall be liable for the performance of that work, and this shall not derogate from the liability of the asbestos contractor for the performance of that work.
Transport of Asbestos§
40.
(a)A person shall not transport asbestos except in a closed vehicle bearing warning signage, where the asbestos is wrapped and packaged in a manner that prevents the dispersal of asbestos; the Minister may prescribe provisions regarding the transport of asbestos for the purpose of ensuring the fulfilment of the objects of this Law.
(b)Without derogating from the provisions of subsection (a), the transport of friable asbestos shall be carried out by a holder of a carrier's licence and in accordance with the provisions under the Transportation Services Law, 5757-1997, applicable to the transport of dangerous material; in this section, "carrier's licence" and "dangerous material" have the meanings assigned to them in that Law.
Removal, Disposal and Burial of Asbestos§
41.
(a)A person shall not remove asbestos or asbestos waste and shall not dispose of them except to an asbestos waste site, for the purpose of their burial.
(b)Without derogating from the provisions of any law and subject to the conditions set in the licence of an asbestos waste site operator —
(1)an asbestos waste site operator shall bury asbestos or asbestos waste at the waste site, in a separate, fenced and marked area designated solely for the burial of asbestos waste, in a manner that prevents the passage of waste and liquids that have been in contact with asbestos waste or have flowed from it (in this subsection — leachate) between the asbestos waste burial area and other areas at the site, and also in a manner that prevents the spread of fires between the asbestos waste and other waste buried at the site;
(2)an asbestos waste site operator serving as a transfer station shall store asbestos or asbestos waste in a separate, fenced and marked area designated solely for the storage of asbestos waste, in a manner that prevents the passage of waste and leachate between the asbestos waste storage area and other areas at the site, and also in a manner that prevents the spread of fires between the asbestos waste and other waste.
(c)An asbestos waste site operator shall unload asbestos waste at the asbestos waste site, shall bury such waste and cover it or store it, as the case may be, in a manner that prevents the tearing of the waste packaging or the emission of visible dust; the duty under this subsection regarding the unloading of asbestos waste shall also apply to a person who transports the asbestos waste to the asbestos waste site.
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Contact Us →Chapter VII: The Professional Committee, the Director and the Commissioner and Their Powers
The Professional Committee for Asbestos and Harmful Dust§
42.
(a)The Minister shall appoint a professional committee for asbestos and harmful dust, whose members shall be persons with knowledge and experience in the fields of the Committee's activity, and its composition shall be as follows:
(1)the Director, who shall be the chairperson of the Committee;
(2)two employees of the Ministry of Environmental Protection;
(3)two employees of the Ministry of Industry, Trade and Employment, one from the Labour Inspection Division and the other a representative of industry, upon the recommendation of the Director General of the Ministry of Industry, Trade and Employment;
(4)an employee of the Ministry of Health, upon the recommendation of the Director General of the Ministry of Health;
(5)a representative of the Institute for Safety and Hygiene within the meaning of the Labour Inspection Organisation Law, 5714-1954, upon the recommendation of the Director of the Institute for Safety and Hygiene;
(6)a representative of the Israel Defence Forces, upon the recommendation of the Head of the Technology and Logistics Branch of the Israel Defence Forces;
(7)an employee of a local authority and an additional employee of a local authority who shall serve as his permanent alternate, upon the recommendation of the Minister of the Interior;
(8)one to three members, from within the State or from the public, who are experts in the field of asbestos and harmful dust;
(9)a public representative to be appointed in accordance with a list to be submitted to him by the organisations listed in Part 1 of the Schedule to the Law for the Representation of Public Bodies Concerned with the Preservation of Environmental Quality (Legislative Amendments), 5763-2002.
(b)The Minister shall report to the Interior and Environmental Protection Committee of the Knesset regarding the appointment of the Committee and its composition; the appointment of the Committee and its composition shall be published in Reshumot (Official Gazette).
(c)The Committee may appoint, from among its members, permanent sub-committees or sub-committees for a particular matter, and may delegate to them its functions and powers, except for the functions listed in section 44(1); a sub-committee shall report to the Committee on its decisions, shortly after they are made.
(d)Where the Committee has delegated its powers to a sub-committee as stated in subsection (c), the decisions of the sub-committee shall be regarded as the Committee's decisions for all purposes and matters; however, at least two members of the Committee may, within seven days of the date on which the sub-committee's decision was received by them, submit to the chairperson of the Committee a reasoned written request to hold a deliberation in the plenary of the Committee on a matter in respect of which a decision was made by the sub-committee; where such a request has been received, the Committee shall hold a deliberation on the matter and its decision shall be final.
Procedures of the Committee§
43.
(a)The chairperson of the Committee shall convene the Committee and shall set its agenda.
(b)The Committee shall determine its own working procedures and deliberation procedures, insofar as these have not been set in this Law or in provisions set by the Minister, provided that it convenes at least twice in a calendar year.
(c)The chairperson of the Committee shall convene a special meeting of the Committee if at least two members so request, provided that the number of special meetings as aforesaid shall not exceed 12 meetings in a year.
(d)At the meetings of the Committee, a record shall be kept that reflects the course of the deliberation and documents its main points; such a record shall be published within 14 days of the date of the meeting to which it relates, on the website of the Ministry of Environmental Protection, and shall be open to public inspection at its main office.
Functions of the Committee§
44.
The Committee shall provide professional advice in the fields of its expertise, including —
(1)shall propose to the Minister or advise him on the matter of making Regulations under the provisions of this Law;
(2)shall advise the Director on any matter relating to the use of asbestos, the performance of asbestos works, the taking of asbestos samples, the performance of laboratory tests and the removal of asbestos hazards, and also on the matter of licensing of persons engaged in asbestos, the taking of administrative measures against such persons, the publication of information and guidelines to the public, and on any other matter within the fields of its expertise, upon the request of the Director;
(3)shall perform any other function within the fields of its expertise, imposed upon it under a legislative provision, including functions relating to materials that are not asbestos that create harmful dust and that may cause lung diseases or other health damage.
Conflict of Interests of a Committee Member§
45.
(a)A person shall not be appointed as a member of the Committee if he is likely to find himself, directly or indirectly, on a frequent basis, in a situation of conflict of interests between his function as a member of the Committee and a personal interest or another function of his.
(b)Where it becomes apparent to a member of the Committee that a matter being deliberated at a meeting of the Committee or that he is required to handle within the framework of his function as a committee member is likely to cause him to find himself, directly or indirectly, in a situation of apprehension of a conflict of interests between his function as a member of the Committee and a personal interest or another function of his, he shall notify the chairperson of the Committee of this in writing as soon as possible.
(c)A member of the Committee shall refrain from participating in a deliberation held by the Committee and from voting on a matter as stated in subsection (b), and shall not handle, within the framework of his function on the Committee, that matter.
(d)A member of the Committee appointed under section 42(a)(1) to (6) and (9) may take into account the interests of the body he represents, insofar as they are related to this Law, except with respect to a matter in which he has a personal interest, and he shall not be regarded as being in a situation of conflict of interests solely on that account.
Validity of Decisions§
46.
The decisions of the Committee shall not be affected by reason of a vacancy in the place of a member thereof or by reason of a defect in a member's appointment or in the continuation of his tenure.
Asbestos Licensing Director and Asbestos Commissioner§
47.
The Minister shall appoint, from among the employees of his Ministry —
(1)an Asbestos Licensing Director, who shall be responsible for the field of asbestos at the Ministry of Environmental Protection and shall fulfil the functions assigned to him under the provisions of this Law;
(2)one or more Asbestos Commissioners, who shall fulfil the functions assigned to them under the provisions of this Law.
Powers of the Director and the Commissioner§
48.
(a)For the purpose of performing their functions under the provisions of this Law and for the purpose of supervising compliance therewith, the Director and also a Commissioner whom the Minister has authorised for this purpose may —
(1)require any person to provide him with his name and address and to present before him an identity card or other official document identifying him;
(2)require any person concerned to provide him with any information or document that may ensure the implementation of the provisions under this Law or facilitate their implementation; in this paragraph, "document" — includes a printout, as defined in the Computers Law, 5755-1995;
(3)conduct measurements or take samples of materials, and also deliver the measurements and samples to an analysis laboratory or a sampling laboratory, retain them or deal with them in another manner;
(4)enter any place, including a vehicle when stationary, provided that he shall not enter a place used as a dwelling except pursuant to an order of a court.
(b)The Director or a Commissioner who has been authorised for this purpose under the provisions of subsection (a) may direct a person performing an action in asbestos in his presence, after having identified himself before that person, to refrain from performing that action or to direct him how to perform it, all for the purpose of preventing or reducing an asbestos hazard; such a direction shall remain in force until another direction is issued by the Director or the Commissioner or until the expiry of seven days from the date of its issuance, whichever is earlier; the Director or the Commissioner shall document a direction given as stated in this subsection as soon as possible after the date of its issuance.
Administrative Order§
49.
(a)Where the Commissioner is satisfied that one of the following exists, and before an indictment has been filed, he may issue an administrative order regarding asbestos, under the provisions of this section:
(1)an asbestos hazard exists or there is a real apprehension of an asbestos hazard forming;
(2)work or use of asbestos or asbestos waste has been carried out in contravention of the provisions under this Law.
(b)An administrative order regarding asbestos may be issued to a person who has caused or is likely to cause a hazard as stated in subsection (a)(1), to a person who has performed or is about to perform work or use in contravention of the provisions under this Law as stated in subsection (a)(2), or to the owner or occupier of the property in which the hazard has been caused or is likely to be caused, or in which the work or use as aforesaid has been or is about to be performed, all as the case may be, and if an asbestos hazard exists in a public domain as defined in the Clean Environment Law — the Commissioner may also issue an order as aforesaid to the local authority within whose area the hazard is located.
(c)In an administrative order regarding asbestos, the Commissioner may direct, inter alia, the performance of actions as detailed below, as the case may be, in the manner and at the times to be set in the order:
(1)to cease the work or the use of asbestos in respect of which the order was issued or to refrain therefrom, or to carry them out in accordance with the provisions set in the order;
(2)to take measures necessary for the prevention, reduction or removal of the asbestos hazard and for the prevention of public exposure to such a hazard.
(d)
(1)Where the Commissioner has issued an administrative order regarding asbestos to the Israel Defence Forces under the provisions of subsection (a), he shall transmit a copy of the order to the Minister of Defence;
(2)The Minister of Defence, after consulting with the Minister, may, by his signature, approve the continuation of the performance of the work or use in respect of which the order was issued by the Israel Defence Forces if he has determined that the work or use in respect of which the order was issued is essential and that ceasing or reducing it is likely to materially harm state security and it is necessary to ensure their performance;
(3)Where the Minister of Defence has given approval as stated in paragraph (2), the Commissioner may issue directions regarding the continuation of the performance of the work or use as aforesaid, provided that they shall not be such as to harm the needs on account of which the approval was given;
(4)The validity of an approval as stated in paragraph (2) shall not exceed six months; where the circumstances on account of which the approval was given have ceased to exist, its validity shall expire even at an earlier date than that set therein.
(e)Where the head of a local authority or an employee of the local authority whom he has authorised for this purpose (in this section — the head of the authority), after receiving an opinion from an asbestos surveyor, is satisfied that an asbestos hazard exists or there is a real apprehension of an asbestos hazard forming within the area of the local authority, he may issue an administrative order regarding asbestos under the provisions of this section, provided that he has notified the Commissioner of his intention to issue such an order, the grounds for issuing the order and the actions required thereunder, and the Commissioner has not objected thereto; the power under this subsection shall not apply with respect to the State and its institutions and with respect to the defence establishment.
(f)Where a person has not complied with the provisions of an order issued under this section, the Commissioner or the head of the authority who issued the order may carry out what is required under the order; where what is required has been carried out as aforesaid, the person who was ordered but did not comply with the provisions of the order shall be liable to pay double the expenses incurred; where the order was carried out by the Commissioner, the payment shall be to the Clean Environment Fund; where the order was carried out by the head of the authority, the payment shall be to the coffers of the local authority.
(g)The provisions of section 237 of the Criminal Procedure Law [Consolidated Version], 5742-1982 (hereinafter — the Criminal Procedure Law), regarding the service of documents, shall apply to the delivery of an order under this section, with the necessary modifications.
Application for Cancellation of an Order by a Court§
50.
(a)A person who considers himself aggrieved by an administrative order regarding asbestos may submit to the court competent to try the offence an application for its cancellation.
(b)The submission of an application for the cancellation of an order under the provisions of subsection (a) does not suspend the validity of the order, so long as the court has not decided otherwise; where the court has decided to suspend the validity of the order ex parte, the application shall be heard inter partes as soon as possible, and no later than the expiry of seven days from the date of the decision.
(c)The provisions of section 57(d) to (f) shall apply to proceedings under this section, with the necessary modifications.
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