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Work Safety Ordinance [New Version], 5730-1970

פקודת הבטיחות בעבודה [נוסח חדש], תש"ל-1970

Published: 1970-08-30Consolidated Hebrew text as of 2025-10-09 · Last amended 2017-07-12✓ Amendment status checked against the Knesset legislation record on 2026-09-15
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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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Despite these checks, it may contain errors, omissions, or imprecise renderings of legal terminology and cross-references, and it may not yet reflect the latest amendments. It cannot be relied upon as a legal text.

The Hebrew text as published in Reshumot (ספר החוקים) and on the Knesset website is the sole authoritative and legally binding version. In any discrepancy, the Hebrew text prevails.

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Chapter IX: Offences, Penalties and Legal Proceedings

Section A: Those Responsible

Offences of Occupier or Owner§
219.
(a)For every contravention, in a factory or in connection with a factory, of the provisions of this Ordinance or of a regulation thereunder, the occupier of the factory – or the owner of the factory, if the responsibility for the contravention is imposed on him by or under this Ordinance – shall be guilty of an offence, subject to what is stated below.
(b)An occupier of a factory who acts in reliance on a special exemption granted by or under this Ordinance and does not comply with the conditions attached to the exemption shall be regarded as having contravened the provisions of this Ordinance.
Owner of Machine in Place of Occupier§
220.

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§
221.

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§
222.

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§
223.

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§
224.

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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Section B: Offences and Penalties

Penalty Where Not Expressly Prescribed§
225.

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§
226.
(a)Where the occupier of a factory or the owner of a factory has been convicted of an offence under this Ordinance that is not an offence under sections 235 or 236, the court may, in addition to or in lieu of imposing a penalty, order him to take such measures as shall be specified in the Order, within the time specified therein, for the remediation of the matters in respect of which the contravention occurred, and may, on application, extend the time.
(b)Where an Order has been made, the occupier or the owner shall not be liable under this Ordinance for the continuation of the contravention within the time specified by the court.
(c)An occupier or owner who has not complied with an Order for remediation within the time specified or extended as aforesaid is liable to a fine of 500 pounds or imprisonment for seven days for each day on which the contravention of the Order continues after the time specified or extended as aforesaid.
Prohibited Trade§
227.

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§
228.

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§
229.

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§
230.

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§
231.

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§
232.

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§
233.

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§
234.

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§
235.
(a)A person who does any of the following is liable to imprisonment of three months, and on every subsequent conviction under this section within two years of the last conviction for the same offence, to imprisonment of six months:
(1)obstructs or prevents an inspector from properly exercising a power conferred on him by or under this Ordinance;
(2)refuses to answer, or gives a false answer, in an inquiry authorised by or under this Ordinance;
(3)fails to produce a register or document that he is required to produce by or under this Ordinance;
(4)conceals or prevents, or attempts to conceal or prevent, a person from appearing before an inspector or from being examined by him.
(b)Where an offence under subsection (a) is committed in a factory by a person who is not the occupier of the factory, the occupier shall also be guilty of the offence, unless he proves that he did not know of the offence or that he took all reasonable steps to prevent it.
Forgery and fraud§
236.
(a)A person who does any of the following is liable, without prejudice to any other penal provision, to a fine of 10,000 liras or to imprisonment of six months:
(1)forges a document required by this Ordinance or by a regulation made thereunder or for the purposes thereof;
(2)gives or signs such a document knowing it to be false in a material particular;
(3)knowingly distributes or uses such a document when it is forged or false as aforesaid;
(4)knowingly distributes or uses such a document as if it applied to a particular person when it does not so apply;
(5)personates a person named in such a document;
(6)falsely pretends to be an inspector;
(7)wilfully connives at any of the offences listed in paragraphs (1) to (6);
(8)wilfully makes a false entry in a register, notice or document whose keeping, display, furnishing or sending is required by this Ordinance or by a regulation made thereunder or for the purposes thereof;
(9)wilfully makes or signs a false declaration that he is required to give by this Ordinance or by a regulation made thereunder or for the purposes thereof;
(10)knowingly uses a false entry or a false declaration as aforesaid.
(b)In this section, "document" includes a report.
Provisions regarding continuing offences§
237.
(a)Where an offence under this Ordinance has been committed by reason of the failure to carry out an examination, to record or annex a report, or to perform any other act, at the time or within the period specified in this Ordinance or in a regulation made thereunder, the offence shall be deemed to continue as long as the act has not been performed.
(b)For the avoidance of doubt it is hereby declared that, in respect of a continuing offence against any provision of this Ordinance –
(1)a fresh commencement of such an offence, after its cessation, is a new offence;
(2)a prosecution may be brought and the accused may be convicted and punished from time to time for each part of the period during which the offence continues, provided he has not previously been convicted and punished for that part of the period in respect of the same offence.

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Section C: Legal Proceedings

Form of charge§
238.

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§
239.

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§
240.

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§
241.

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§
242.
(a)A person found in a factory while work is being carried on or while the machinery is in motion — except during meal or rest intervals — shall for the purposes of this Ordinance be deemed to be working in the factory at that time unless the contrary is proved.
(b)This section shall not apply to a factory in which the only workers are members of one family residing there.
Charge against and liability of the actual offender§
243.
(a)An occupier or owner of a factory who is charged with an offence under this Ordinance is entitled to require that another person whom he charges as the actual offender be brought before the court at the time fixed for the hearing of the charge against him, provided he does both of the following:
(1)lays a proper charge against the other person;
(2)gives the prosecutor not less than three days' prior notice of his intention to do so.
(b)The prosecutor shall be entitled to cross-examine the occupier or owner if he gives evidence, or any witness he has summoned in support of the charge he has laid, and to bring rebuttal evidence.
(c)If, after the commission of the offence has been proved, the occupier or owner proves to the satisfaction of the court both of the following:
(1)that he exercised due diligence to enforce the provisions of this Ordinance and of any regulation made thereunder that is relevant to the matter;
(2)that the other person referred to in subsection (a) committed the offence in question without the consent, connivance or wilful default of the occupier or owner, —

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.

(d)If at the time of the discovery of an offence the following four matters are established to the satisfaction of an inspector:
(1)that the occupier or owner of the factory exercised due diligence to enforce the provisions of this Ordinance and of any regulation made thereunder that is relevant to the matter;
(2)who the person is who committed the offence;
(3)that the offence was committed without the consent, connivance or wilful default of the occupier or owner;
(4)that the offence was committed in contravention of instructions given by the occupier or owner, —

the person whom the inspector considers to be the actual offender shall be prosecuted without the occupier or owner being first prosecuted.

244.§

(Repealed — תשל״ד־2)

Application to vary agreement or to apportion expenses between owner and occupier§
245.
(a)Where premises let wholly or in part as a factory require structural or other alterations for the purpose of complying with a provision of this Ordinance or of a regulation or requirement made thereunder, the owner or the occupier may apply to the District Court and plead, as the case may be, any of the following:
(1)that by reason of an agreement between them he is prevented from carrying out the alterations;
(2)that the other party should be required to bear the expenses of the alterations, in whole or in part.
(b)The court, after hearing the parties and any witnesses they wish to summon, may make, as it considers just and equitable in the circumstances of the case —
(1)in respect of a plea under subsection (a)(1) — an order cancelling or varying the terms of the agreement;
(2)in respect of a plea under subsection (a)(2) — an order regarding the expenses or their apportionment, having regard to the terms of any agreement between them, or, alternatively, on the application of either of them, to determine the lease.

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Chapter X: General

Savings§

246.

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§

247.

The Minister is responsible for the implementation of this Ordinance.

Fees§

247a.

The Minister, with the approval of the Committee, may prescribe —

(1)a fee for submitting an application for an authorisation as defined in section 172a and for its renewal;
(2)a fee for participation in examinations for the purpose of obtaining the authorisation;
(3)a fee payable by the holder of an authorisation for supervision of compliance with the conditions of the authorisation by the Work Inspection Service as defined in section 172a.

Commencement§

248.

This new version shall come into force on the 1st of Nisan 5731 (27 March 1971).

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