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What is the connection between responsibility and safety? | Israel today

2021-03-23T16:55:48.937Z

An accident at work? Managers and corporations are more exposed than ever to prosecution and will have a hard time evading responsibility Real Estate Magazine



An accident at work?

Managers and corporations are more exposed than ever to prosecution and will find it difficult to evade responsibility

  • Imposing responsibility on contractors and developers

    Photo: 

    Envato Elements

Produced by the Department of Special Supplements

Recently, a verdict was handed down in which the senior management of Delek Industries was convicted of crimes, including the company's CEO and vice president.

This is due to a serious work accident that occurred to a contractor employee who was employed at the factory.

Precedent-setting the ruling illustrates the responsibility of senior executives and the corporation for the safety of their employees, regardless of the size of the organization, its complexity and the control rod of its managers.

This means that in the case of work or construction accidents it will be difficult for managers to evade responsibility, even though they seemingly do not directly concern safety.

In the last decade, there has been a quiet safety revolution in the country, which has created a new situation in which law enforcement and law enforcement agencies are tightening up with the organization of managers in the organization, so that it fulfills its obligations under occupational safety laws.

These duties apply from the director level to the junior manager in the organization.

One of the major changes that have taken place in the field is the establishment of the PLAS unit in Blade 433 in January 2019, whose main purpose is to investigate work accidents.

The establishment of the unit is the result of widespread public pressure, which culminated in 2018 with the Histadrut's threats to shut down, in light of the large number of work accidents.

New laws

Erez Maimon, director and head of the safety and health department at Fahn Kana Control Management, previously served as Chief Labor Inspector and Chief Work Accident Investigator at the Ministry of Labor and Welfare.

"In recent years, new and extensive legislation has been enacted, which is reflected in the imposition of fines, closure of construction sites after accidents and increased liability of the developer and contractor. Law and enforcement authorities can prosecute more quickly and effectively against corporation and managers in case of violations of occupational safety law."

At the end of 2019, the ranking of the offense of manslaughter was updated lightly, led by then-State Attorney Shai Nitzan.

This offense is very appropriate for the type of offenses in the occupational safety laws, and the punishment can reach up to 12 years in prison.

"There is no doubt that a combination of growing public awareness in the field of safety, creating improved investigative capabilities and updating the level of punishment, creates a situation where it is easier for those sitting on the judiciary to prosecute the organization, and consequently produce much heavier deterrence," says Maimon.

"However, from many safety surveys we have conducted, it is clear that even organizations that invest resources in the field of safety can find themselves prosecuted, with the main reason being a lack of a management platform that will connect the organization's safety system with its senior executives," Maimon added.

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Safety culture

It is worth noting that although clear guidelines on the subject have not yet been defined in the main legislation, there is a directive issued by the former State Attorney, according to which the implementation of an effective enforcement plan in the organization will be credited to the corporation and its managers.

This is great news, as the existence of an enforcement plan improves the safety culture in the organization and its compliance with the law, and now a benefit has been added that says in case of prosecution, the enforcement plan will provide an extra layer of protection to the senior management and company.

To date, the regulator has given only the stick - legislative updates, prosecution and punishment, but has not yet granted the carrot - a recommended outline for building a safety enforcement plan that will help organizations build a relevant and effective plan.

Maimon concludes: "Nevertheless, I recommend that each organization advance and build an enforcement plan, in accordance with the lines defined by the State Attorney. At the same time, I call on the regulator to advance and define a recommended outline for implementing an enforcement plan for the organization, which will help build and operate it optimally."

Produced by the Department of Special Supplements

Source: israelhayom

All news articles on 2021-03-23

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