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 IV: Asbestos Nuisance
Prohibition on Causing an Asbestos Nuisance§
10.
No person shall cause an asbestos nuisance.
Treatment of an Asbestos Nuisance§
11.
(a)A person who caused an asbestos nuisance or who had reasonable grounds to believe that there is an asbestos nuisance at a place owned by him or in his possession shall take immediate measures to prevent the continuation of the nuisance or to stop it and to reduce the risk arising from it, insofar as such measures are within his control, including –
(1)preventing the release of asbestos fibres into the air, including the cessation of the activity causing the nuisance;
(2)taking reasonable measures to prevent persons from entering the nuisance area, except for a person whose entry is required for the purposes of supervision, rescue or treatment of the nuisance, and notifying persons staying in the vicinity of the nuisance area of the precautions that should be taken;
(3)preventing the removal of any object, including waste, from the nuisance area;
(4)immediately reporting to the supervisor on the existence of the nuisance.
(b)The supervisor may, at the request of a person as referred to in subsection (a), give that person instructions for complying with the provisions of this Section; if a person has approached the supervisor or a person authorised by him for that purpose, he shall be deemed to have consented to receiving the instructions by the means whose details he provided to the supervisor.
(c)The owner of a place or the person holding a place that contains an asbestos nuisance shall submit to the supervisor an application for an asbestos work permit for the purpose of eliminating the nuisance within seven days from the date on which he became aware of the existence of the nuisance, and shall carry out the work in accordance with the permit given by the supervisor.
(d)The supervisor may direct a shorter period for the submission of the application under subsection (c), if he has found that in the circumstances of the matter there are special reasons that justify doing so, and he may, after consulting with the Committee, direct a longer period and make the postponement of the period subject to conditions, provided that the owner of the place or the person holding it has submitted to the supervisor a reasoned written application for a postponement as aforesaid, at the time when the asbestos nuisance was discovered; the submission of an application under subsection (c) shall not exempt the owner of the place and the person holding it from their obligation to eliminate the nuisance, as referred to in that subsection, as long as the supervisor has not decided otherwise.
(e)A person who caused an asbestos nuisance on land that is not in his ownership or possession shall bear the costs of eliminating the nuisance by the owner or the person holding it, according to the degree of his responsibility for causing the nuisance, and he may carry out the elimination of the nuisance if the owner of the place and the person holding it have consented thereto.
Asbestos Nuisance in a Local Authority§
12.
If a local authority becomes aware of the existence of an asbestos nuisance within its area, it shall notify the supervisor thereof immediately; nothing in the provisions of this Section shall derogate from the obligations of a local authority under the provisions of any law.
Limitation on the Application of Chapter IV§
13.
The provisions of Sections 10 and 11 shall not apply with regard to a nuisance as referred to in item (3) of the definition of "asbestos nuisance" if the asbestos is as referred to in Sections 5 to 7 and the obligations under those Sections have been complied with in respect thereof.
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Contact Us →Chapter V: Licensing of Persons Engaged in Asbestos
Exclusivity of Activities and Licensing Obligation§
14.
(a)No person shall engage in asbestos nor shall he permit another acting on his behalf to engage in asbestos, unless the person engaging in asbestos holds a licence, approval or recognition document issued to him under this Law, appropriate for the performance of the work or activity (in this Law – licence), and in accordance with the conditions of his licence and the provisions under this Law; for this purpose, "activity" – whether for consideration or without consideration, on a casual basis or in the course of business.
(b)The provisions of subsection (a) shall not apply with regard to –
(1)the transportation of asbestos and asbestos waste as referred to in Section 40;
(2)types of asbestos works that the Minister has exempted by Regulations, having regard to the scope of the work, its complexity and the degree of risk to the public and the environment involved in its performance, provided that such works are performed by a person on a property in his ownership or possession intended for his use or by another person performing the work on his behalf without consideration or by his employee, and the Minister may prescribe obligations, restrictions and conditions that shall apply to a person performing works as aforesaid.
Exclusivity of Title and Prohibition of Impersonation§
15.
(a)No person shall use a title listed in the definition of "person engaged in asbestos", or any title similar to those titles to the extent of being misleading, unless he holds a licence to engage in such activity under the provisions of this Law.
(b)No person shall present, directly or indirectly, himself or a person acting on his behalf as a person engaged in asbestos, unless that person holds a licence for that activity.
(c)No person shall impersonate a licence holder of a person engaged in asbestos, nor shall he use a title or appellation from which it is implied that he is a person engaged in asbestos, unless he holds an appropriate licence.
Asbestos Contractor Licence§
16.
(a)The Director shall grant a cement asbestos contractor licence to an applicant who meets all of the following:
(1)he is an adult and a permanent resident of Israel, or is a corporation registered under law in Israel;
(2)he is a registered contractor as defined in the Contractors Registration for Civil Engineering Works Law, 5729-1969 (in this Section – the Contractors Registration Law), and as long as his registration under the said Law has not been cancelled or suspended; the Minister may prescribe that only an applicant who is a registered contractor for the branch or classification prescribed by him satisfies the registration requirement required under this paragraph;
(3)the licence applicant, and if he is a corporation – also an office holder and a controlling shareholder in it, have not been convicted of an offence which, by reason of its nature, gravity or circumstances, renders him unfit to be an asbestos contractor;
(4)he employs, at all times, at least one responsible employee pursuant to the provisions of Section 17.
(b)The Director shall grant a friable asbestos contractor licence to an applicant who meets all of the following:
(1)the conditions listed in subsection (a)(1) to (3);
(2)he employs, at all times, at least one responsible employee for friable asbestos works pursuant to the provisions of Section 17.
(c)Notwithstanding the provisions of subsection (a)(2), if the Minister of Construction and Housing has exempted a person from the application of the said Law pursuant to the provisions of Section 14a of the Contractors Registration Law, the Director may grant that person an asbestos contractor licence for the performance of asbestos work to which the said exemption applies, even if the condition prescribed in subsection (a)(2) is not met by him.
Employees of an Asbestos Contractor and the Obligation to Employ a Responsible Employee§
17.
(a)Notwithstanding the provisions of Section 14(a) and subject to the provisions under the Work Safety Ordinance [New Version], 5730-1970, an employee of an asbestos contractor may perform asbestos work in the framework of his work with that contractor, even if the employee does not hold an asbestos contractor licence; in this Chapter, "employee" – a person who has an employer-employee relationship with the asbestos contractor.
(b)Without derogating from the provisions of subsection (a), an asbestos contractor shall employ at least one responsible employee who meets all of the following and has been approved for this purpose by the Director:
(1)with regard to a responsible employee of a cement asbestos contractor –
(a)he is an adult and a permanent resident of Israel;
(b)he has practical experience of at least six months in the performance of construction works;
(c)he has participated in a training course recognised by the Director for this purpose, and upon its completion has passed an examination as directed by the Director;
(d)he has not been convicted of an offence which, by reason of its nature, gravity or circumstances, renders him unfit to be a responsible employee of a cement asbestos contractor;
(e)he is employed by an asbestos contractor on a full-time basis and subject to the conditions prescribed by the Minister regarding the manner of his employment and activity;
(2)with regard to a responsible employee of a friable asbestos contractor – he meets the conditions listed in paragraph (1), with the necessary modifications, and also all of the following:
(a)he has been employed as a responsible employee of a cement asbestos contractor or has been such a contractor for at least one year, and in the framework of his occupation as aforesaid has performed cement asbestos works that confer on him appropriate professional experience, to the satisfaction of the Director and the Committee;
(b)he has demonstrated, to the satisfaction of the Director and the Committee, that he possesses practical experience or training as well as professional knowledge in the performance of friable asbestos works or insulation works with similar characteristics, sufficient for the purpose of his employment as a responsible employee of a friable asbestos contractor.
(c)Notwithstanding the provisions of subsection (b), an asbestos contractor who is a sole individual shall not be required to employ a responsible employee if the provisions of paragraph (1) or (2) of that subsection, as the case may be, are fulfilled with respect to him and he has been approved as a responsible employee by the Director.
Friable Asbestos Inspector Licence§
18.
The Director shall grant a friable asbestos inspector licence to an applicant who meets all of the following:
(1)he is an adult and a permanent resident of Israel;
(2)he holds a bachelor's degree in the fields of engineering, natural sciences or environmental sciences granted by a recognised institution within the meaning of the Council for Higher Education Law, 5718-1958, or holds an academic degree from an institution of higher education outside Israel that the Director has recognised as equivalent to such an academic degree, or holds another bachelor's degree provided that he has demonstrated to the satisfaction of the Director and of the Committee that he possesses the knowledge and skills required for the performance of the role, or he is a certified practical engineer registered in the register of certified practical engineers and technicians maintained under the Engineers and Architects Law, 5718-1958, in the environmental engineering or civil engineering division;
(3)he has participated in a training course recognised by the Director for this purpose and, upon its completion, has successfully passed an examination as directed by the Director;
(4)he has not been convicted of an offence which, by reason of its nature, gravity or circumstances, renders him unfit to be a friable asbestos inspector;
(5)he has demonstrated, to the satisfaction of the Director and of the Committee, that he possesses experience or practical training as well as professional knowledge in performing friable asbestos works or insulation works with similar characteristics, sufficient for the purposes of his work as a friable asbestos inspector.
Analysis Laboratory Licence and Recognition of Foreign Laboratory§
19.
(a)The Director shall grant a licence for the performance of laboratory tests to a laboratory owner who applies therefor, upon the fulfilment of the conditions set out below, and may grant such a licence for the performance of a particular type of laboratory test:
(1)the laboratory operates in Israel;
(2)the laboratory holds suitable premises, means and equipment for the performance of laboratory tests, to the satisfaction of the Director;
(3)the laboratory owner, the laboratory manager and, if the laboratory is a corporation — also the corporation or an office holder therein, have not been convicted of an offence which, by reason of its nature, gravity or circumstances, renders it unfit to grant the laboratory a licence;
(4)the laboratory employees who will perform the laboratory tests hold professional education, training and experience appropriate for the performance of laboratory tests, to the satisfaction of the Director.
(b)The Director may recognise a laboratory outside Israel for the purpose of performing a laboratory test; the criteria for recognition of such a laboratory shall be determined by the Director after consultation with the Committee, shall be published on the website of the Ministry of Environmental Protection and shall be open for public inspection at its principal office.
Licence for a Sampling Laboratory and for an Asbestos Sampler§
20.
(a)The Director shall grant a licence for the taking of air samples to a laboratory owner who applies therefor, upon the fulfilment of the conditions set out below, and may grant such a licence for the taking of a particular type of air sample:
(1)the laboratory operates in Israel;
(2)the laboratory holds suitable premises, means and equipment for the taking of air samples, to the satisfaction of the Director;
(3)the laboratory owner, the laboratory manager and, if the laboratory is a corporation — also the corporation or an office holder therein, have not been convicted of an offence which, by reason of its nature, gravity or circumstances, renders it unfit to grant the laboratory a licence;
(4)the laboratory employees who will take the air samples are asbestos samplers.
(b)The Director may grant an asbestos sampler licence to a licence applicant if all of the following conditions are met:
(1)the applicant is an adult and a permanent resident of Israel;
(2)the applicant has not been convicted of an offence which, by reason of its nature, gravity or circumstances, renders the applicant unfit to be an asbestos sampler;
(3)the applicant holds professional education, training and experience appropriate as prescribed by the Minister.
(c)An asbestos sampler shall not engage in the taking of an air sample except as an employee of a sampling laboratory.
Asbestos Surveyor§
21.
(a)The Director shall grant an asbestos surveyor licence to an applicant who is an adult and a permanent resident of Israel and who has completed a training course as referred to in section 17(b)(1)(c) and, upon its completion, has successfully passed an examination as referred to in that section.
(b)An asbestos surveyor may give an expert opinion on the condition of asbestos in a property and on the use made thereof and may recommend the manner of treatment of the asbestos.
(c)A responsible employee, an asbestos contractor who is an individual who has received approval under section 17(c), and a friable asbestos inspector shall be deemed to hold an asbestos surveyor licence.
Asbestos Waste Site Operator Licence§
22.
The Director shall grant an asbestos waste site operator licence to an applicant who meets all of the following:
(1)the applicant is an adult and a permanent resident of Israel;
(2)the applicant operates a waste site or a waste transfer station that has conditions, installations and equipment and in which conditions are met to the satisfaction of the Director;
(3)the applicant employs, at all times, at least one responsible employee who meets the conditions prescribed in section 17(b)(1), with the necessary modifications.
Additional Duties, Restrictions and Conditions for Granting a Licence and Conditions in a Licence§
23.
(a)The Minister may prescribe additional conditions for the grant or renewal of a licence as well as additional duties, restrictions and conditions that shall apply to a licence holder, inter alia in order to ensure the professionalism of the person engaged in asbestos and that person's activity in accordance with the provisions under this Law and in order to prevent asbestos nuisances, public exposure to asbestos or other environmental nuisances, and may in particular prescribe provisions on the following matters:
(1)the duty to hold and to use, within the framework of activity under the licence, installations and equipment appropriate for the purposes of the works or operations, and to maintain a quality assurance system;
(2)the duty to hold professional literature required for the operation of the licence, to update it and to distribute it to those concerned, and to act in accordance with the updated professional literature;
(3)the duty to employ personnel with appropriate experience and competence as well as actions that the licence holder must take for the purpose of training and instructing the personnel and maintaining their competence;
(4)the types of works or operations that the licence holder is authorised to perform;
(5)additional requirements that shall apply to a licence holder to ensure compliance with the provisions under this Law, including the furnishing of appropriate guarantees in the manner and in the amounts to be prescribed and the conditions for their forfeiture and the manner of forfeiture;
(6)the duty to document the operations that the licence holder performs within the framework of the licence holder's activity and the manner of keeping the documentation;
(7)the duty to provide information, of a type to be prescribed, to the person who commissioned the work or operation or to the public liable to be affected by their performance.
(b)The Director may give instructions regarding additional duties, restrictions and conditions that shall apply to a licence holder, inter alia in order to ensure the professionalism of the person engaged in asbestos and that person's activity in accordance with the provisions under this Law and in order to prevent asbestos nuisances, public exposure to asbestos or other environmental nuisances, and may in particular give instructions on the following matters:
(1)instructions on the matters listed in subsection (a)(1) to (7), that shall apply to a particular licence holder;
(2)guidelines and procedures for the performance of the works or operations.
Refusal to Grant a Licence§
24.
Notwithstanding the provisions of sections 16 to 23, the Director may, after consultation with the Committee, refuse to grant a licence to an applicant who meets the conditions under those sections, as the case may be, after having given the applicant an opportunity to state arguments, if the Director has found that other circumstances exist by reason of which a licence should not be granted to the applicant, including on grounds relating to the applicant's trustworthiness, and if the applicant is a corporation — also by reason of such circumstances existing in relation to an office holder or a controlling shareholder therein.
Submission of Application§
25.
(a)A person wishing to obtain or renew a licence under the provisions of this Law shall submit an application to the Director; the Director may require such an applicant to provide any information or documents required for the purpose of making a decision on the application.
(b)An applicant referred to in subsection (a) shall notify the Director, in writing, of any change in a detail from among the details provided in the application referred to in that subsection, within 30 days of the date of the change.
(c)The Minister shall prescribe the procedures for the submission of applications for the grant or renewal of a licence, including provisions regarding the manner of submitting the application and the documents to be attached thereto.
Period of Validity of a Licence§
26.
(a)A cement asbestos contractor licence, a friable asbestos contractor licence, a friable asbestos inspector licence, a responsible employee approval and an asbestos surveyor licence shall be valid for two years.
(b)An asbestos sampler licence, an analysis laboratory and sampling laboratory licence, and an asbestos waste site operator licence shall be valid for five years.
(c)A person engaged in asbestos who wishes to renew a licence granted to that person for an additional period shall submit to the Director, at least 60 days before the expiry of the licence, an application for its renewal.
(d)Notwithstanding the provisions of subsection (a) or (b), the Director may grant or renew a licence for periods shorter than those referred to in those subsections, as the case may be, for special reasons that shall be recorded, after having notified the licence applicant in writing of the reasons and having given the applicant an opportunity to state arguments.
Giving of Instructions and Provision of Information§
27.
(a)The Director may require a licence holder to report to the Director on details as directed and to provide any information or documents required for supervision under this Law, including as a condition for the renewal of the licence, and the licence holder shall provide the Director with such information or documents.
(b)The Director may give a licence holder or a person employed by the licence holder instructions to perform operations or to refrain from operations; such instructions may be given to all licence holders or to a particular category of licence holders or to a particular licence holder.
Duty to Report§
28.
(a)A licence holder shall report to the Director immediately if a condition from among the conditions for the grant of the licence has ceased to be met by the licence holder or by an employee, or if a condition has arisen in relation to the licence holder or an employee by reason of which the Director is entitled to cancel or suspend the licence held by that licence holder.
(b)If a person engaged in asbestos becomes aware of a matter connected to asbestos that is liable to cause harm to the public or to the environment, including an asbestos nuisance, the use of friable asbestos or the results of an asbestos sample at values as directed by the Director, that person shall report to the Director on that matter immediately.
(c)A report referred to in subsection (b) may be provided to the Director by a representative of the person engaged in asbestos, whose details the person engaged in asbestos has notified in advance.
Duty to Comply with Requirements for the Grant of a Licence§
29.
A licence holder shall comply, at all times, with the conditions prescribed in the licence granted to that person.
Prohibition on Transfer of Licence§
30.
A licence under the provisions of this Law is personal and is not transferable.
Professional Development Courses§
31.
A person engaged in asbestos shall participate in professional development courses as directed by the Director and at the times directed; participation in such courses shall be a condition of the licence of a person engaged in asbestos.
Refusal to Renew a Licence, Cancellation, Restriction or Suspension of a Licence§
32.
(a)The Director may, after consultation with the Committee, refuse to renew a licence, cancel it, restrict it or suspend it for a period not exceeding one year, and may also record a warning or reprimand against a person engaged in asbestos, after having given the person engaged in asbestos an opportunity to state arguments, upon the occurrence of any of the following:
(1)the licence was granted on the basis of false, incorrect, misleading or partial information;
(2)the person has ceased to engage in the occupation to which the licence relates;
(3)the person has been declared legally incompetent;
(4)the person has been declared bankrupt, and if the person is a corporation — an order has been made for its winding up or for the appointment of a receiver over it, or it has resolved on a voluntary winding up;
(5)a condition from among the conditions for the grant of the licence under this Law has ceased to be met;
(6)the person engaged in asbestos has breached a condition of the licence or a provision of the provisions under this Law, including a duty, restriction or condition of use of the licence prescribed under this Chapter or a provision of other legislation in connection with the person's engagement in asbestos, or has failed to provide the inspector with a report on the completion of asbestos work performed by that person to the satisfaction of the inspector;
(7)the person engaged in asbestos has provided the Director or the inspector with false, misleading, incorrect or partial information within the framework of the person's work as a person engaged in asbestos;
(8)the person engaged in asbestos has breached a condition of an asbestos work permit or has displayed a lack of professionalism or negligence within the framework of the person's work as a person engaged in asbestos;
(9)the Director, after consultation with the Committee, has found that special circumstances exist by reason of which the licence holder was not worthy of receiving the licence, even though the conditions for the grant of the licence under the provisions of this Law were met in relation to the licence holder.
(b)If the Director considers that the defect referred to in subsection (a) is capable of being remedied, the Director may instruct the person engaged in asbestos to remedy it and may direct the manner and time of remediation; if the defect was not capable of being remedied or if the period set by the Director has passed and the defect has not been remedied to the Director's satisfaction, the Director may, after having given the person engaged in asbestos an opportunity to state arguments, refuse to renew the licence, cancel it or suspend it.
(c)Without derogating from the provisions of subsection (a), the Director may suspend a licence granted to a person engaged in asbestos if the Director considers that the gravity of the matter or the public interest so requires and after having given the person an opportunity to state arguments, if an indictment has been filed against the person or a criminal investigation has been opened against the person on suspicion of committing an offence such that, if convicted, the person would not be fit to be a person engaged in asbestos, until a final judgment is given in the matter or until a decision is received from the competent authority not to bring the person engaged in asbestos to criminal trial.
(d)If the Director has reasonable grounds to assume that the circumstance referred to in subsection (a)(6) or (8) exists in relation to a person engaged in asbestos and that an asbestos nuisance has thereby been caused, the Director may suspend the licence of the person engaged in asbestos immediately, provided that the Director gives the person an opportunity to state arguments shortly thereafter, and not later than the expiry of 30 days from the date of the suspension.
(e)If a licence of a person engaged in asbestos granted to an individual has been cancelled, that individual shall not be entitled to submit an application for the same licence except after the expiry of three years from the date of cancellation of the licence.
(f)Without derogating from the provisions of subsections (a) to (d), if one or more of the conditions referred to in sections 16, 19, 20 or 22, as the case may be, have ceased to be met by an asbestos contractor, an analysis laboratory, a sampling laboratory or an asbestos waste site operator, the licence shall be suspended until it is demonstrated, to the satisfaction of the Director, that the said condition has again been met by the licence holder; the licence holder shall report to the Director that the said condition has ceased to be met, immediately upon becoming aware thereof.
Register§
33.
(a)The Director shall maintain a register of licence holders and it shall include, inter alia, the following particulars:
(1)the particulars of the licence holder, the type of licence and its period of validity;
(2)cancellation, suspension or imposition of conditions on the licence;
(3)a warning or reprimand given to a licence holder.
(b)The register shall be open for public inspection at the principal office of the Ministry of Environmental Protection and shall be published on the website of the Ministry.
Prohibition on Conflict of Interests§
34.
(a)A person shall not perform works or operations as a person engaged in asbestos if there is a concern that the person will be unable to fulfil the duties, restrictions and conditions under this Law due to a conflict of interests between those duties, restrictions and conditions and a personal interest or other occupations of that person, and if the person becomes aware of such a conflict of interests, the person shall cease that work or operation; for this purpose, "occupation" includes another occupation as a person engaged in asbestos.
(b)A friable asbestos inspector, an analysis laboratory, a sampling laboratory, an asbestos sampler and an asbestos surveyor shall, in their professional activity, maintain independence from an asbestos contractor whose work they supervised or in connection with whose work they performed bulk sampling, laboratory tests or a survey.
(c)Without derogating from the generality of the provisions of subsections (a) and (b) —
(1)a friable asbestos inspector shall not be an employee of an asbestos contractor and shall not receive any consideration or other benefit, whether directly or indirectly, from an asbestos contractor whose work the inspector supervised, during the six months from the date of completion of the works supervised;
(2)a friable asbestos inspector shall not supervise the work of an asbestos contractor by whom the inspector was employed or engaged in another role, except after the expiry of six months from the date of termination of such employment or engagement;
(3)a friable asbestos contractor shall not make the performance of the contractor's work conditional on the engagement of a particular friable asbestos inspector, and a friable asbestos inspector shall not make the performance of the inspector's work conditional on the engagement of a particular asbestos contractor.
(d)The Minister may prescribe circumstances that shall be regarded as circumstances in which a conflict of interests is liable to arise or in which the independence of a person engaged in asbestos is liable to be impaired, and may also prescribe additional provisions aimed at preventing conflicts of interests, which shall apply to persons engaged in asbestos, all or some of them.
(e)The Minister, with the approval of the Interior and Environmental Protection Committee of the Knesset, may prescribe criteria that will ensure the professionalism of the actions of the asbestos surveyor and the reliability of their results.
Restriction on Advertising§
35.
A person engaged in asbestos shall not, directly or indirectly, advertise the person's occupation in a manner that is liable to mislead; the Minister may prescribe forms of advertising that are liable to mislead.
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