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 VI: Performance of Asbestos Works
Duty to Obtain an Asbestos Work Permit§
36.
(a)A person shall not perform a particular asbestos work for which no exemption has been granted under the provisions of subsection (b) (in this Chapter — work requiring a permit), unless the inspector 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 the duty to engage a person engaged in asbestos of a particular type for that purpose.
Asbestos Work Permit, Imposition of Conditions or Refusal to Grant§
37.
(a)A person wishing to perform asbestos work requiring a permit (in this Chapter — the commissioner) shall submit to the inspector an application for an asbestos work permit through a licensed asbestos contractor holding an appropriate licence for the performance of the work, and if the work involves friable asbestos — through a friable asbestos inspector; such an application shall be submitted in the manner directed by the inspector 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 inspector, whether generally or in respect of a particular application; the inspector may require the applicant to provide additional information and documents required for the purpose of making a decision on the application.
(b)Upon submission of an application for an asbestos work permit, the inspector shall consider whether to approve or to refuse to approve it and may also make the permit conditional on duties, restrictions and conditions required inter alia in order 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 particular asbestos work or for several asbestos works, as shall be specified in the permit.
(c)The inspector may, if found necessary in the circumstances of the matter, make the grant of an asbestos work permit for a particular 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 inspector.
(d)
(1)The inspector shall notify the applicant of the 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 particulars as required under the provisions of this Law; the inspector may, by a reasoned written notice, extend the said period by a further 60 days if the inspector considers it necessary due to the complexity of the application or the scope of the work applied for;
(2)if the inspector has required the applicant to provide additional information and documents as referred to in subsection (a), the period until the submission of such information and documents shall not be counted towards the periods referred to in paragraph (1).
(e)If the inspector has approved an application under this section, the application, including any document attached thereto, and the inspector'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 inspector; however, the inspector shall not publish such information if the inspector has found that one of the grounds listed in section 9(a) of the Freedom of Information Law, 5758-1998, has been fulfilled, and the provisions of sections 10 and 11 of that Law shall apply; information under this subsection shall be published for at least until the expiry of 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 commissioner shall not employ a person to perform asbestos work or to carry out air sampling in connection with such work, unless that person has presented before him a valid licence appropriate to the performance of the work.
(b)A commissioner 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 requirements under this Law.
(c)A commissioner of work requiring a permit in friable asbestos shall employ, in addition to a friable asbestos contractor, a friable asbestos supervisor and a sampling laboratory for the purpose of fulfilling the requirements under this Law.
Performance of Asbestos Work and Its Completion§
39.
(a)Asbestos work for which a permit has been granted pursuant to the provisions of section 37 shall be performed in a manner that prevents risk to the public and to the environment, using equipment and instruments appropriate to the work, including the performance of the following actions:
(1)demarcation and fencing of the work site;
(2)informing members of the public who use the work site and its vicinity of the planned work, and guiding them with respect to appropriate rules of conduct;
(3)placing warning signs at the work site and in its vicinity regarding the prohibition of entry to the work site and the possible risk to persons not authorised to do so;
(4)spreading, before the commencement of work, 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 performing the work in a manner that prevents the creation of visible dust;
(5)collecting the asbestos and asbestos waste at the work site, wrapping them in double sealed packaging in a manner that prevents leakage or release therefrom, marking the packaging as directed by the Supervisor, and removing 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 the work site of asbestos, including cleaning parts of the structure and objects located at the work site, or removing the parts of the structure and objects in the manner in which asbestos waste is removed;
(7)performing, by means of an asbestos sampler, air sampling at the work site and in its vicinity; the Supervisor may direct the times for performing 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 commissioner who so requests from the duty to perform the sampling as aforesaid;
(8)fulfilling the duties, restrictions and conditions set out in the asbestos work permit.
(b)An asbestos contractor performing asbestos work pursuant to a permit, and in the case of friable asbestos work — also a friable asbestos supervisor 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 a person shall not be regarded as having fulfilled the duty to complete the asbestos work unless all of the following have occurred:
(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 Supervisor;
(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 Supervisor's determination as referred to 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 Supervisor.
(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 such responsibility, the asbestos contractor shall act, inter alia, as set out below, by means of an employee who is a responsible employee and holds a valid authorisation:
(1)shall prepare a plan for the performance of cement asbestos work and submit it to the Supervisor together with the application for an asbestos work permit;
(2)shall manage the performance of the work and supervise its performance by the contractor's employees in accordance with the plan as approved by the Supervisor 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 supervisor 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 the responsibility referred to in subsection (a), a friable asbestos supervisor shall act, inter alia, as set out below:
(a)shall prepare a plan for the performance of friable asbestos work and submit it to the Supervisor together with the application for an asbestos work permit;
(b)shall supervise the performance of the work by the asbestos contractor and the contractor's employees;
(3)Within the framework of the contractor's responsibility, a friable asbestos contractor shall, by means of an employee who is a responsible employee and holds a valid authorisation, manage the performance of the work and supervise its performance by the contractor's employees in accordance with the work plan as approved by the Supervisor and in accordance with the conditions of the asbestos work permit and the directions of the friable asbestos supervisor.
(e)Where asbestos work as referred to in subsections (c) and (d) was performed by means of a responsible employee, the responsible employee shall be responsible for the performance of that work, and this shall not derogate from the responsibility 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 signs, with the asbestos 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 objectives 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 hazardous material; in this section, "carrier's licence" and "hazardous material" have the meanings assigned to them in that Law.
Disposal, Removal and Burial of Asbestos§
41.
(a)A person shall not dispose of or remove asbestos or asbestos waste 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 out 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 were in contact with asbestos waste or that arose therefrom (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 an asbestos waste site, 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 with respect to 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 Administrator and the Supervisor and Their Powers
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 activity of the committee, and its composition shall be as follows:
(1)the Administrator, who shall serve as 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 Directorate of the Israel Defence Forces;
(7)an employee of a local authority and an additional employee of a local authority who shall serve as the permanent alternate, upon the recommendation of the Minister of the Interior;
(8)one to three members, from among State employees or from the public, who are experts in the field of asbestos and harmful dust;
(9)a public representative to be appointed pursuant to a list submitted by the organisations listed in Part 1 of the Schedule to the Representation of Public Bodies Concerned with Environmental Quality (Legislative Amendments) Law, 5763-2002.
(b)The Minister shall report to the Interior and Environmental Protection Committee of the Knesset on 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 specific 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 promptly after they are made.
(d)Where the committee has delegated its powers to a sub-committee as referred to in subsection (c), the decisions of the sub-committee shall be regarded as the committee's decisions for all purposes; however, at least two members of the committee may, within seven days from the date on which the sub-committee's decision was received by them, submit to the chairperson of the committee a reasoned written demand to hold a discussion at a plenary session of the committee on the matter in respect of which a decision was made by the sub-committee; where such a demand is received, the committee shall hold a discussion on the matter and its decision shall be final.
Procedure 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 and deliberation procedures, to the extent not prescribed in this Law or in provisions set by the Minister, provided that it shall convene at least twice in a calendar year.
(c)The chairperson of the committee shall convene a special session of the committee if at least two members so request, provided that the number of such special sessions shall not exceed 12 sessions in a year.
(d)At the sessions 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 from the date of the session to which it relates, on the website of the Ministry of Environmental Protection, and shall be open for public inspection at its principal 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 the Minister on the matter of making Regulations under the provisions of this Law;
(2)shall advise the Administrator on any matter concerning the use of asbestos, the performance of asbestos works, the taking of asbestos samples, the carrying out of laboratory tests and the removal of asbestos nuisances, as well as on matters of licensing of persons engaged in asbestos, the taking of administrative measures against such persons, the publication of information and guidance to the public, and on any other matter within its fields of expertise, at the request of the Administrator;
(3)shall perform any other function within its fields of expertise imposed upon it by legislation, including functions related to substances that are not asbestos but that create harmful dust and may cause lung disease or other health damage.
Conflict of Interests of a Committee Member§
45.
(a)A person who is liable to find themselves, directly or indirectly, on a regular basis, in a situation of conflict of interests between their function as a committee member and a personal interest or another function of theirs shall not be appointed as a committee member.
(b)Where a committee member becomes aware that a matter being discussed at a session of the committee or that the member is required to deal with in the framework of their function as a committee member, is liable to cause the member to find themselves, directly or indirectly, in a situation of apprehension of conflict of interests between their function as a committee member and a personal interest or another function of theirs, the member shall notify the chairperson of the committee thereof in writing as soon as possible.
(c)A committee member shall refrain from participating in a discussion held by the committee and from voting on a matter referred to in subsection (b), and shall not deal with that matter in the framework of fulfilling their function on the committee.
(d)A committee member referred to in section 42(a)(1) through (6) and (9) may take into account the interests of the body of which the member is a representative, insofar as they are related to this Law, except with respect to a matter in which the member has a personal interest, and the member shall not be regarded as being in a situation of conflict of interests by reason of that alone.
Validity of Decisions§
46.
The decisions of the committee shall not be invalidated by reason of a vacancy in the membership thereof or by reason of a defect in the appointment or continuation of service of a member.
Asbestos Licensing Administrator and Asbestos Supervisor§
47.
The Minister shall appoint, from among the employees of the Minister's office —
(1)an Asbestos Licensing Administrator, who shall be responsible for the asbestos field at the Ministry of Environmental Protection and shall fulfil the functions assigned to the Administrator under the provisions of this Law;
(2)an Asbestos Supervisor, one or more, who shall fulfil the functions assigned to the Supervisor under the provisions of this Law.
Powers of the Administrator and the Supervisor§
48.
(a)For the purpose of fulfilling their functions under the provisions of this Law and for the purpose of supervising compliance therewith, the Administrator and a Supervisor authorised by the Minister for this purpose may —
(1)require any person to provide their name and address and to present before them an identity card or other official document identifying them;
(2)require any person concerned to provide any information or document that may serve to ensure the implementation of the provisions under this Law or to 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 stationary vehicle, provided that they shall not enter a place used for residential purposes except pursuant to an Order of a court.
(b)The Administrator or a Supervisor authorised as aforesaid under the provisions of subsection (a) may, after identifying themselves, direct a person who is performing an act involving asbestos in their presence to refrain from performing that act or to direct that person as to how to perform it, all for the purpose of preventing or reducing an asbestos nuisance; such a direction shall remain in force until another direction is given by the Administrator or the Supervisor or until the expiry of seven days from the date it was given, whichever is the earlier; the Administrator or the Supervisor shall document a direction given as referred to in this subsection as soon as reasonably possible after the date it was given.
Administrative Order§
49.
(a)Where the Supervisor is satisfied that one of the following exists, and before an indictment has been filed, the Supervisor may issue an administrative Order with respect to asbestos, pursuant to the provisions of this section:
(1)an asbestos nuisance exists or there is a real concern of the formation of an asbestos nuisance;
(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 with respect to asbestos may be issued to a person who caused or is liable to cause a nuisance as referred to in subsection (a)(1), to a person who performed or is about to perform work or use in contravention of the provisions under this Law as referred to in subsection (a)(2), or to the owner or occupier of the property in which the nuisance was caused or is liable to be caused, or in which the work or use referred to was performed or is about to be performed, all as the case may be, and where an asbestos nuisance exists in a public domain as defined in the Maintenance of Cleanliness Law — the Supervisor may also issue an Order as aforesaid to the local authority within whose jurisdiction the nuisance is located.
(c)In an administrative Order with respect to asbestos, the Supervisor may direct, inter alia, the performance of the following actions, as the case may be, in the manner and at the times to be specified in the Order:
(1)to cease the work or the use of asbestos to which the Order relates, or to refrain therefrom, or to perform them in accordance with the provisions set out in the Order;
(2)to take measures necessary to prevent, reduce or remove the asbestos nuisance and to prevent the public from being exposed to such a nuisance.
(d)
(1)Where the Supervisor has issued an administrative Order with respect to asbestos to the Israel Defence Forces pursuant to the provisions of subsection (a), a copy of the Order shall be transmitted to the Minister of Defence;
(2)The Minister of Defence, after consulting with the Minister, may, by the Minister's signature, approve the continuation of the performance of the work or use to which the Order relates by the Israel Defence Forces if the Minister of Defence has determined that the work or use to which the Order relates is essential and that their cessation or reduction is liable to materially harm State security and it is imperative to ensure their performance;
(3)Where the Minister of Defence has granted an approval as referred to in paragraph (2), the Supervisor may give directions regarding the continuation of the performance of the work or use as aforesaid, provided that such directions shall not be such as to harm the needs for which the approval was granted;
(4)The validity of an approval as referred to in paragraph (2) shall not exceed six months; where the circumstances by reason of which the approval was granted have ceased to exist, its validity shall expire even at a date earlier than the date specified therein.
(e)Where the head of a local authority or an employee of the local authority authorised by the head for this purpose (in this section — the head of the authority), after receiving an opinion from an asbestos surveyor, is satisfied that an asbestos nuisance exists or there is a real concern of the formation of an asbestos nuisance within the jurisdiction of the local authority, the head of the authority may issue an administrative Order with respect to asbestos pursuant to the provisions of this section, provided that the head of the authority has notified the Supervisor of the intention to issue such an Order, of the grounds for issuing the Order and of the actions required thereunder, and the Supervisor 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 pursuant to this section, the Supervisor or the head of the authority who issued the Order may perform what is required under the Order; where what is required has been so performed, 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 Supervisor, the payment shall be made to the Cleanliness Fund; where the Order was carried out by the head of the authority, the payment shall be made to the treasury 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 themselves aggrieved by an administrative Order with respect to asbestos may apply to the court competent to try the offence for its cancellation.
(b)The submission of an application for the cancellation of an Order pursuant to the provisions of subsection (a) does not suspend the validity of the Order, as 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) through (f) shall apply to proceedings under this section, with the necessary modifications.
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