Law for the Prevention of Asbestos and Harmful Dust Nuisances, 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
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Chapter XI: Miscellaneous Provisions
Liability of an office holder in a corporation§
70.
If 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 he was an active manager in the corporation, a partner, excluding a limited partner, or a senior employee responsible for the field in which the tort was committed, unless that person proved both of the following:
(1)the tort was committed without his knowledge;
(2)he 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 with 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 harmful dust as aforesaid, with or without modifications, and may prescribe limitations on the application of such provisions in respect of that substance.
(b)If provisions have been prescribed pursuant to subsection (a), the provisions of this Law applicable 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 Maintenance of Cleanliness§
72.
A fine and a financial penalty imposed pursuant to this Law shall be paid to the Fund for the Maintenance of Cleanliness; however, a fine imposed as a result of the exercise of the authority of a local authority employee shall be paid to the treasury of the local authority.
Application of the Tax (Collection) Ordinance§
73.
The Tax (Collection) Ordinance shall apply to the collection of financial penalties, fines and expenses pursuant to this Law.
Removal of asbestos from the Western Galilee§
74.
(a)In this section –
"the Western Galilee asbestos removal 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 on lands owned by asbestos companies, in the scope and format ordered by the Minister after consulting 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 were engaged, prior to the commencement date, in the manufacture of asbestos in the Western Galilee.
(b)The Western Galilee asbestos removal project shall be financed from the State budget and from payments transferred by the asbestos companies, as well as from payments transferred by local authorities within whose jurisdiction the project is carried out (in this section – the local authorities).
(c)A separate account shall be maintained in the Fund for the Maintenance of Cleanliness, to be used for financing the costs, direct or indirect, of the Western Galilee asbestos removal project (in this section – the separate account).
(d)The Minister, with the consent of the Minister of Finance, after affording the local authorities and the asbestos companies an opportunity to present their arguments, shall order the amounts to be transferred by the local authorities and the asbestos companies to the separate account, and the dates of 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 payment and its dates pursuant to subsection (d), the Minister shall consider, inter alia, the scope of the State budget designated for financing the overall costs of the project, the budget actually expended, and in respect of the local authorities – the identity of the holders of rights in the lands in which the asbestos exists, the uses made of those lands and the extent of the local authorities' responsibility with respect thereto, 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 Supervising Minister, shall prescribe by procedure the manner of implementing the exercise of the powers of the Director 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 those powers; the first procedure pursuant to this paragraph shall be prescribed within 90 days from the day of commencement 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 Director or the Supervisor into a facility held by the defence establishment or any part thereof, if the authorised officer found that one of the following has occurred, provided that the authorised officer notifies the Director or the Supervisor thereof in the manner prescribed in the procedure, and sets a new date for the entry of the Director or the Supervisor, as early as possible after the reason that prevented entry has ceased to apply:
(a)entry at that time would disrupt operational or intelligence activity, or a criminal investigation, or a large-scale training exercise or drill in which combat means are used;
(b)hostile activity is taking place at the location;
(c)activity is taking place at the facility to which the Director or the Supervisor is not permitted to be exposed for reasons of State security or the foreign relations of the State of Israel;
(3)if the Director or the Supervisor demanded that a person identify himself for the purpose of exercising the Director's or the Supervisor's powers pursuant to section 48 vis-à-vis the defence establishment at a facility held by the defence establishment, and the orders or procedures of the defence establishment prohibit that person from identifying himself except before a person who is authorised to receive such identification pursuant thereto, that person may refrain from presenting an identity document and may identify himself in the manner to be prescribed in the procedure;
(4)measurements, samples and sampling equipment taken from a facility held by the defence establishment that are, or whose results are, potentially classified, shall be carried out and stored in classified laboratories, as shall be prescribed in the procedure, provided that this shall not prevent the taking of a measurement or sample;
(5)(Repealed)
(6)the Director or the Supervisor shall not exercise powers vis-à-vis the defence establishment pursuant to the provisions of section 48, except after undergoing an appropriate security clearance and in accordance with the information security rules applicable in the body listed in the definition of "defence establishment" against which the power is exercised as aforesaid;
(7)applications, documents and any other information that the defence establishment is required to deliver pursuant to the provisions of this Law, except pursuant to section 48(a)(2) (in this section – information), that are classified, shall be delivered only to a person who holds an appropriate security clearance and in accordance with the information security rules applicable in the body listed in the definition of "defence establishment" that is concerned, and if there are no persons holding such a 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 delivery of information or a document, in whole or in part, to the Director or to 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 Director or to the Supervisor, even if that person's security clearance is appropriate, but shall be transferred to an employee of the Ministry of Environmental Protection as shall be prescribed in the procedure;
(b)the Director or the Supervisor shall not remove from a security facility a specific document that the authorised officer has determined to be of special security sensitivity; such a document shall be stored in a location designated for that purpose in the facility, and shall be accessible to the Director, the Supervisor or the employee of the Ministry designated as provided 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 related to the grounds of the inspection shall not be included in the information or document delivered to the Director, the Supervisor or the employee of the Ministry as provided in sub-paragraph (a), provided that that party is informed that information has been omitted;
(9)information shall not be published pursuant to the provisions of this Law if its publication would be liable to harm State security;
(10)a person who received information as referred to in paragraph (7) or (8) shall handle it in accordance with the instructions 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;
"the Security Regulation Law" means the Security Regulation in Public Bodies Law, 5758-1998;
"security officer" has the meaning assigned to it in the Security Regulation Law;
"procedure" means a procedure regarding the exercise of inspection powers that the Minister ordered, pursuant to the provisions of subsection (b), as the case may be;
"senior officer" means an officer of the rank of lieutenant colonel, superintendent or deputy commander, 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 in the Israel Defence Forces or a senior officer authorised by that person 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 that person 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 for this purpose by the Inspector General of the Israel Police;
(6)in respect of the Israel Prison Service – a senior officer authorised for this purpose by the Commissioner of Prisons;
(7)in respect of the Witness Protection Authority – the Head of the Witness Protection Authority or a senior employee of the Authority authorised by that person for this purpose;
"Supervising 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 of laws§
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 his place of work, where provisions have been prescribed in that regard pursuant to 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 the grant of a licence pursuant to this Law and for its renewal and for the grant of a permit for asbestos work;
(2)the manner of performing asbestos works, including the transportation and burial of asbestos;
(3)the prevention of asbestos nuisances 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 duties to the Director or to the Supervisor that shall apply to persons engaged in asbestos or to persons making existing use of asbestos as referred to in sections 4 to 8;
(6)regulating the continuation of existing use of asbestos, including the prescription of duties, restrictions and conditions that shall apply to such use;
(7)prescribing duties, restrictions and conditions on persons engaged in asbestos, including provisions, conditions and restrictions regarding 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 regarding 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 permit for asbestos works pursuant to this Law and for their renewal, for the grant of a licence or permit as aforesaid, for examinations and training courses pursuant to this Law and for the performance 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 continuation of existing use of asbestos, to be imposed on the owner or occupier of a property, and may prescribe different levy rates for different uses.
(c)The Minister may prescribe, inter alia, the rates of the fees and levies 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 expenses.
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 Nuisances, 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 Director or the Supervisor pursuant to the Law for the Prevention of Asbestos and Harmful Dust Nuisances, 5771-2011.".
Amendment of the Maintenance of Cleanliness Law – No. 18§
82.
In the Maintenance of Cleanliness 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 Nuisances, 5771-2011, and for the promotion of its objectives";
(2)in subsection (e), in place of "and donations" the following shall come: "donations, and any other source prescribed by law".
Amendment of the Prevention of Environmental Nuisances (Civil Actions) Law – No. 8§
83.
In the Prevention of Environmental Nuisances (Civil Actions) Law, 5752-1992, in section 1 –
(1)after the definition "radiation pollution" the following shall come:
""asbestos nuisance" has the meaning assigned to it in the Law for the Prevention of Asbestos and Harmful Dust Nuisances, 5771-2011;";
(2)in the definition "environmental nuisance", after "injury to the coastal environment" the following shall come: "asbestos nuisance".
Commencement§
84.
This Law shall come into force four months from the date of its publication; however, Section 74 shall come into force on the date of publication of this Law.
Transitional provisions§
85.
(a)A person who holds, on the eve of the commencement date, an asbestos cement contractor approval granted by the Technical Committee for Harmful Dust (in this Section – the Technical Committee) under the Work Safety Regulations (Occupational Hygiene and Health of the Public and Workers in Harmful Dust), 5744-1984 (in this Section – the Harmful Dust Regulations), shall be deemed: the employee whose name is stated in that approval, a responsible employee of an asbestos cement contractor who has received an approval under this Law; and the employer whose name is stated in the approval, an asbestos cement contractor who has received a licence under this Law; and they shall be entitled to perform asbestos cement work in accordance with the conditions of the approval and the provisions under this Law, as long as the employer is a registered contractor as referred to in section 16(a)(2) and the employee is employed by that employer, and all of this until the end of one year from the commencement date, even if the conditions in sections 16 and 17 are not fulfilled in respect of them.
(b)A person who holds, on the eve of the commencement date, an asbestos cement inspector approval granted by the Technical Committee under the Harmful Dust Regulations, shall be deemed a responsible employee of an asbestos cement contractor under this Law even if a condition from among the conditions in sections 16 and 17 is not fulfilled in respect of that person, and that person shall be entitled to perform asbestos cement work for which the supervisor has granted a permit, even if the contractor with whom that person performs the work is not an asbestos contractor, provided that that 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 date.
(c)A person who holds, on the eve of the commencement date, a friable asbestos contractor approval granted by the Technical Committee under the Harmful Dust Regulations, shall be deemed: the employee whose name is stated in the approval, a responsible employee of a friable asbestos contractor who has received an approval under this Law; and the employer whose name is stated in the approval, a friable asbestos contractor who has 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, as long as the employer is a registered contractor as referred to in section 16(a)(2) and the employee is employed by that employer, and all of this until the end of one year from the commencement date, even if a condition from among the conditions in sections 16 and 17 is not fulfilled in respect of them; at the end of that period, the Director may grant a person to whom the provisions of this subsection apply an approval as responsible employee of a friable asbestos contractor even if the condition referred to in section 17(b)(2)(b) is not fulfilled in respect of that person, provided that that employee received the Technical Committee's approval at least 12 months before the commencement date.
(d)A person who holds, on the eve of the commencement date, a friable asbestos inspector approval granted 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 date, even if the conditions in section 18 are not fulfilled in respect of that person; at the end of that period, the Director may grant a person to whom the provisions of this paragraph apply a friable asbestos inspector licence under the provisions of this Law, even if the provision of section 18(2) is not fulfilled in respect of that person;
(2)a person who has received an approval as responsible employee of a friable asbestos contractor until the end of one year from the commencement date, even if the conditions in section 17(b)(2)(a) are not fulfilled in respect of that person, and as long as the employer is a registered contractor as referred to in section 16(a)(2) and the employee is employed by that employer; at the end of that period, the Director may grant a person to whom the provisions of this paragraph apply an approval as responsible employee of a friable asbestos contractor under the provisions of this Law, even if the provision of section 17(b)(2)(a) is not fulfilled in respect of that person.
(e)A laboratory that was accredited, on the eve of the commencement date, 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 date, even if the conditions in section 19 are not fulfilled in respect of it.
(f)A laboratory that was accredited, on the eve of the commencement date, under the Harmful Dust Regulations to take air samples, shall be deemed a sampling laboratory under the provisions of this Law until the end of two years from the commencement date, even if the conditions in section 20(a) are not fulfilled in respect of it.
(g)A laboratory tester employed in a laboratory accredited under the Harmful Dust Regulations to take air samples, who was accredited, on the eve of the commencement date, under the Harmful Dust Regulations to take air samples, shall be deemed an asbestos sampler under the provisions of this Law until the end of two years from the commencement date, even if the conditions in section 20(b) are not fulfilled in respect of that person.
(h)A person who, before the commencement date, completed a training course for asbestos contractors and inspectors and, upon its conclusion, passed an 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 date, even if the conditions in section 21 are not fulfilled in respect of that person.
(i)A waste site operator who, under the conditions of the business licence held by that operator, as defined under the Business Licensing Law, 5728-1968, on the eve of the commencement date, is entitled to bury friable asbestos waste or asbestos cement 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 date, even without an asbestos waste site operator licence, provided that that operator acts in accordance with the conditions and provisions that applied to that operator on the eve of the commencement date.
(j)An approval to perform asbestos work granted by the Technical Committee under the Harmful Dust Regulations, which was in force on the eve of the commencement date, shall be deemed an asbestos work permit granted under this Law until the end of six months from the commencement date.
(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 the provisions of 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 manufacture a product containing asbestos with the manufacture of which it was engaged on the eve of the commencement date, and also to possess it and to perform work or use on it, and all of this for a period not exceeding four years from the commencement date:
(a)Israel Military Industries Ltd. – Givon Division;
(b)Rafael Advanced Defence 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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