PART ONE: THE INSPECTION SERVICE
Establishment and functions of Inspection Service.
1. There shall be established a Labour Inspection Service (hereinafter: “the Service”), the function of
which shall be -
(1) to supervise compliance with every enactment, with the implementation of which, the Minister
of Labour and Social Affairs is charged and the supervision of compliance with which the Minister,
by notice published in Reshumot, has entrusted to the Service;
(2) to supervise labour safety (hereafter: “safety”), vocational hygiene (hereinafter: “hygiene”) and
welfare in places where persons work or are to work for purposes of any business or occupation,
and to guide employees and employers in these matters.
(3) to carry out any other function which the Minister of Labour and Social Affairs may assign to it
in the field of safety, hygiene, welfare and work arrangements.
Personnel of the Service.
2. (a) The personnel of the Service shall consist of Labour Inspectors, who shall be appointed by the
Minister of Labour and Social Affairs, generally or for particular branches of activity or particular
functions.
(b) The Minister of Labour and Social Affairs shall appoint from among the Labour Inspectors a
Chief Labour Inspector (hereinafter: “Chief Inspector”) and Assistant Labour Inspector and
Regional Labour Inspectors (hereinafter: “Regional Labour Inspectors”). A Chief Labour Inspector
may delegate any of his powers under any law to an Assistant Chief Labour Inspector or a Regional
Labour Inspector.
Powers of Labour Inspector.
3. In addition to any power vested in him by any enactment, a Labour Inspector shall, for the purpose
of carrying out his functions, be competent -
(1) to enter at any time any place in which he has reason to believe that persons are, or are to be
employed, or that work is done for purposes of any business or occupation (hereinafter: in this
chapter “workplace”);
(2) to inspect in a workplace the work routine and the arrangements for safety, hygiene and welfare
and, inter alia, the installations, machinery, equipment and work processes;
(3) to clarify the causes and circumstances of work accidents;
(4) to examine, whether alone or before another person as to any matter pertaining to the functions
of the Service, any person found in a workplace, and any person of whom he has reason to believe
works or has worked in a workplace; but a person shall not be required to give an answer or
evidence likely to incriminate him, the Labour Inspector may make a record of the answers and
statements of the person examined, and the record shall be treated like a statement prepared under
section 2 of the Criminal Procedure (Evidence) Ordinance, and sections 3 and 4 of that Ordinance
shall apply thereto;
(5) to inspect and copy any register, certificate, report or other document the keeping, execution or
submission of which is obligatory under an enactment with the implementation of which the
Minster of Labour is charged;
(6) to take a sample of any product, intermediate product or raw material after giving notice to the
occupier of the workplace, and to photograph any material, installation, machine, structure or work
process;
(7) with the approval of a Regional labour Inspector to direct the occupier of the workplace to carry
out any such examination of any product, intermediate product or raw material as he may direct and
to communicate to him the results of the examination within a period prescribed by him;
(8) to have himself accompanied by a police officer if he has reason to anticipate interference with
the exercise of his functions.
Copy of reports.
4. A Labour Inspector shall not, except with the sanction of the Chief Labour Inspector, surrender a
copy of a report drawn up by him or of parts of such a report. Assistance by experts.
5. Where a Labour Inspector is of the opinion that the welfare or health of persons working in a
workplace is in danger owing to the work or the process thereof or the condition or manner of use of
the machinery, installations or equipment or from any other cause, he may bring a technical expert to
that place and cause him to carry out before him such tests as he himself is authorised to carry out.
Safety orders.
6. (a) Where a Regional Inspector, whether through any act of his own or on the strength of a report of
a Labour Inspector, is satisfied that the nature, structure or position of any machine, equipment,
installation or material used or intended to be used in a workplace, or a process or particular act or
omission in a workplace, endangers the welfare or health of a person, he may, by order, do one of
the following:
(1) prohibit the use of any machine, installation, equipment or material or of any part thereof, as
set out in the order, or prohibit such use until the cause of the danger has been removed and a
confirmation to such effect has been given by a Labour Inspector.
(2) require the occupier of the workplace to take within the time specified in the order, such
measures as are set out in the order for the purpose of removing the danger.
(b) Where the danger is not immediate, a Regional Labour Inspector shall not make an order under
this section unless he has given the occupier of the workplace a suitable opportunity to be heard.
(c) An order under this section shall be signed by a Regional Labour Inspector and be sent by
registered post or delivered into the hands of the occupier of the workplace or posted up
conspicuously at the workplace. An error in indicating the name of the occupier shall not impair the
legality of an order delivered or posted up as aforesaid.
(d) A Chief Labour Inspector may confer on a particular Labour Inspector, in writing, the powers
vested in a Regional Labour Inspector by this section.
Effect of safety order.
7. (a) An order under section 6 shall remain in force so long as it has not been canceled by a Regional
Labour Inspector or by the Chief Labour Inspector or by a Regional Court, within the meaning of
the labour Courts Law, 5729-1969 (hereinafter referred to as a Regional Labour Court) upon
application submitted by the occupier of the workplace.
(b) Where an order under section 6 prohibits the use of any machine, installation, equipment or
material until the cause of the danger has been removed, and the occupier of the workplace has
notified that such cause has been removed, a Labour Inspector shall examine the position within
two days from the time when the notification was received by a Regional Labour Inspector or by
the Labour Inspector who made the order being empowered under section 6(d).
Carrying into effect of safety order.
8. (a) Where an order under section 6 has been made, a Labour Inspector may, with the assistance of
the police, use force to the extent required for carrying the order into effect.
(b) Where an order under section 6 has not been complied with, the occupier of the workplace in
respect of which it has been made is liable to imprisonment for a term of one year or to a fine of not
exceeding 9,600 new Shekalim or to both such penalties, and to an additional fine not exceeding
970 new Shekalim for every day on which the offence continues.
(c) The making or carrying into effect of an order under section 6 does not relieve one from
criminal or civil responsibility under any other law.
Improvement order.
8A. (a) Where a Regional Labour Inspector, or a Labour Inspector empowered by him for the
purposes of this section, is satisfied that any such provision of an enactment as relates to the
safety, health, hygiene or welfare of persons working in a particular workplace, or being therein
for the purposes of their business or occupation, is not complied with therein, he may be order
(hereinafter referred to as an “improvement order”) require the occupier of the workplace to take
steps specified in the order so as to comply with that provision within a period, not less than
fourteen days, prescribed in the order. The provisions of section 6(c) shall apply also to an
improvement order. Where a Minister other than the Minister of Labour and Social Affairs is
charged with the implementation of the enactment, the Inspector shall serve a copy of the order
upon that Minister or a person appointed by him for that purpose. (b) The occupier of the workplace shall notify the Regional Labour Inspector, in writing, of the
implementation of the improvement order within seven days after the expiration of the period
prescribed therein for its implementation.
Appeal.
8B. The occupier of a workplace may, within seven days from the day on which an improvement order
is delivered to him in one of the ways indicated in section 6(c), appeal against it to the Regional Labour
Court in the area of which the workplace is situated, and if he does so, he may apply to such court to
direct a postponement of the implementation of the whole or part of the order.
Penalties and administrative fine.
8C. (a) A person who, being required to comply with an improvement order, does not do so shall be
liable –
(1) to imprisonment for a term of six months or a fine not to exceed 9600 new Shekalim;
(2) to an additional fine not to exceed 970 new Shekalim per day in respect of every day on
which the order is not complied with.
(b) Where a Regional Labour Inspector is satisfied, either by non-receipt of notification as
required by section 8A(b) or in any other manner, that an improvement order has not been fully
implemented, he may so declare by certificate under his hand, indicating the number of days
elapsed from the expiration of the time prescribed for the implementation of the order until the
date of the certification, and may impose an administrative fine of one tenth of the amount that
may be imposed under subsection (a)(2). A Regional Labour Inspector may again issue
certificates and impose fines as aforesaid until the order is fully implemented, and a certificate so
issued shall indicate the number of days el