Work Safety Ordinance [New Version], 5730-1970
פקודת הבטיחות בעבודה [נוסח חדש], תש"ל-1970
Unofficial English translation — for reference only. It may contain errors or omissions and cannot be relied on as a legal text. Only the Hebrew text published in Reshumot is legally binding.More
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Chapter IX: Offences, Penalties and Legal Proceedings
Section A: Those Responsible
Offences of Occupier or Owner§
Owner of Machine in Place of Occupier§
Where there is in a factory a mechanically driven machine whose owner or hirer is not the occupier of the factory, the owner or hirer shall be regarded as if he were the occupier of the factory for the purpose of an offence under this Ordinance committed in respect of a person who is an employee of the owner or of the hirer or receives remuneration from them and is engaged at, near or in connection with such a machine.
The Actual Offender§
If an act or omission for which the occupier of a factory or its owner is responsible under this Ordinance is in fact the act or omission of an agent, employee, worker or other person, that person shall be liable as the occupier or the owner, as the case may be.
Liability of Director of Corporation or Partner§
Where a company, cooperative society or any other body of persons has committed one of the offences under this Ordinance, every director, partner or responsible officer of that body of persons shall also be regarded as responsible for the offence and may be prosecuted as if he had committed the offence, unless he proves that the offence was committed without his knowledge and that he took reasonable steps to prevent the offence.
Offences of Employees and Others§
An employee who has contravened the provisions of Chapter VII, Section D, or any person who has contravened a regulation under this Ordinance which expressly imposes on him a particular duty – that person shall be guilty of an offence, and the occupier of the factory or the owner of the factory shall not be guilty thereof unless it is proved that they did not take reasonable steps to prevent the contravention.
Separate Contravention in respect of Each Employee§
Where persons are employed in a factory otherwise than in accordance with the provisions of this Ordinance or a regulation thereunder, that shall be regarded as a contravention of a provision separately in respect of each employee.
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Contact Us →Section B: Offences and Penalties
Penalty Where Not Expressly Prescribed§
Subject to what is stated below in this Ordinance, a person who commits an offence under this Ordinance for which no penalty has been expressly prescribed is liable to imprisonment for six months or a fine of NIS 10,000, and to a further imprisonment of fourteen days or a further fine of NIS 600 for each day on which the offence continues, and in respect of an offence which was liable to cause death or bodily injury, the person is liable to imprisonment for one year or a fine of NIS 20,000, and to a further imprisonment of fourteen days or a further fine of NIS 600 for each day on which the offence continues; nothing in the provisions of this Section shall derogate from liability under any other law.
Order for Remediation§
Prohibited Trade§
A person who contravenes the provisions of section 46 or the provisions of regulations under section 47 is liable to a fine of 10,000 pounds or imprisonment for six months.
Failure to Send Report to Regional Inspector§
An authorised boiler inspector or an authorised inspector who has failed to send a copy of a report to the regional inspector in circumstances where he was required to do so under section 119a shall be guilty of an offence.
Carrying out an examination or report improperly§
An authorised boiler inspector or authorised inspector who carried out an examination without the thoroughness required under the provisions of Chapter III, or who drew up a report that is defective in a material particular, is liable to a fine of 2,000 liras or to imprisonment of three months, and if he knowingly drew up a false report, he is liable to a fine of 10,000 liras or to imprisonment of one year.
Use of a factory without adequate means of escape from fire or contrary to a means of escape order§
Where a factory that does not have adequate and sufficient means of escape from fire has been used, or where a factory or part of a factory has been used contrary to a means of escape order, the occupier is liable to a fine of 5,000 liras or to imprisonment of three months, and an additional fine of 300 liras or an additional imprisonment of seven days for every day on which the offence continues.
Occupying a factory without notice§
A person who contravenes the provisions of section 195 is liable to a fine of 1,500 liras and an additional fine of 150 liras for every day on which the offence continues.
Damaging a displayed document§
A person who removes or defaces an abstract, notice, form of regulations or any other document displayed pursuant to this Ordinance, or who damages them, is liable to a fine of 500 liras or to one month's imprisonment.
Trading in an article whose importation is prohibited§
A person who contravenes the provisions of section 208 shall be guilty of an offence and any article in respect of which the offence was committed and which is in his possession shall be forfeited; an article so forfeited shall be destroyed or otherwise dealt with as the court sees fit.
Disclosure of results of analysis§
A person who contravenes the provisions of section 211(e) is liable to a fine of 5,000 liras or to imprisonment of three months.
Obstruction of an inspector§
Forgery and fraud§
Provisions regarding continuing offences§
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Contact Us →Section C: Legal Proceedings
Form of charge§
In a charge under this Ordinance it is sufficient to aver that the factory is a factory within the meaning of this Ordinance and to state the name of the person alleged to be the occupier of the factory.
Service and sending of summons and court order§
The provisions of section 217 shall apply to the service and sending of a summons and of a court order that are required or permitted to be served or sent pursuant to this Ordinance.
Proceedings against a person in place of the occupier§
Where under this Ordinance a person is designated as responsible in place of the occupier or owner of a factory, the provisions of section 218 shall apply to the service of a summons or court order on him and to the taking of proceedings against him.
Entry in register as evidence§
Where under or pursuant to this Ordinance an entry is required in the factory register or in any other register or record, an entry made by or on behalf of the occupier of a factory shall be admissible as evidence against him of the facts stated therein; and the fact that an entry required as aforesaid was not made, in respect of compliance with any provision of this Ordinance or of a regulation made thereunder, shall serve as evidence that that provision was not complied with.
Person in factory to be deemed to be working therein§
Charge against and liability of the actual offender§
the occupier and owner shall not be guilty of the offence, but that person shall be convicted of it, and the court may, in its discretion, order him to pay the costs incurred in the proceedings.
the person whom the inspector considers to be the actual offender shall be prosecuted without the occupier or owner being first prosecuted.
(Repealed — תשל״ד־2)
Application to vary agreement or to apportion expenses between owner and occupier§
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Contact Us →Chapter X: General
Savings§
The provisions of this Ordinance are in addition to the provisions of any other law and shall not replace or derogate from them, unless there is an express provision to the contrary.
Implementation§
The Minister is responsible for the implementation of this Ordinance.
Fees§
The Minister, with the approval of the Committee, may prescribe —
Commencement§
This new version shall come into force on the 1st of Nisan 5731 (27 March 1971).
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