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Sections Of The Law

The Civil Defense Law, 5711-1951

Table of contents

Chapter Four: Equipment and Training Employees In Factories

Chapter Six: Hazardous Materials

Civil Defense Regulations (Hazardous Materials), 5752-1991

Chapter Four: Equipment and Training Employees In Factories

(Amendment: 5729-1969)

20G. Authority To Compel Employee Training at Factories (Amendment: 5729, 5738)

(a) The Minister of Defense may in the Regulations –

(1) Compel factory owners to keep and install equipment for civil defense purposes and train and equip their employees for such purposes, and in a number of factories in one building – designate the equipment and training to serve all these factories or some of them and their employees, taking into account the number of employees and the type of factories;

(2) To authorize an authority to determine, by a general, reserved rule or a specific factory the items of equipment and types that are applicable thereto pursuant to paragraph (1), (hereinafter – the Determinative Authority);

(3) To compel factory employees whose owners thereof must train them pursuant to paragraph (1), to abide by, with respect to training, the instructions from the District Civil Commander and subject to these instructions – the factory owners instructions;

(4) To compel employees who completed the training pursuant to this section to train other employees at their factory and other factories in the same building;

(5) With respect to equipment or training that are designated pursuant to paragraph (1) to serve a number of factories in the same building – to determine the contribution each one of the factories must make to the equipment and training expenses, including but not limited to training, the extent of such contribution to these expenses, and the intellectual property rights of those factory owners with respect to such equipment, all subject to the provisions in Section 20H;

(6) With respect to the Regulations pursuant to this section, in whole or in part, to determine what a factory is and what is to be deemed a factory and who is deemed a factory employee;

(7) With the consent of the Minister of Justice, to determine ways to settle disputes pertaining to the extent of the contribution to expenses and intellectual property rights as stated in paragraph (5) as an alternative to litigation in court as well as ways to execute the decisions rendered in such a hearing.

(b) The Minister of Defense may instruct in an order that the Determinative Authority hold and install, instead of the factory owner, any equipment that the factory owner must hold and install pursuant to the provisions in sub-section (a).

20H. Activity Costs Serving More Than One Factory (Amendment: 5729, 5738)

Whereupon, pursuant to Section 20G(1) a charge is imposed upon factory owners pertaining to holding equipment or the installation thereof as well as training employees who are also to serve other factories in the same building, the following provisions will apply:

(1) Short of an agreement between all the factory owners in relation to the extent of costs regarding a charge, each of their share of these costs and the dates for payment thereof, the factory owner upon whom the charge was imposed may give notice in writing that no such agreement exists to the Determinative Authority on the date so determined in these Regulations or pursuant thereto and once the factory owner has done so he is entitled not to fulfill the charge in the event that the shares of the rest of the factory owners of the estimated costs of the fulfillment of the charge are not paid that was approved by the Determinative Authority;

(2) Once the factory owner's notice is delivered to the Determinative Authority pursuant to this section, it may appoint a person, including but not limited to the factory owner himself (hereinafter – The Collector), to collect the shares of the rest of the factory owners pertaining to the estimated costs as approved in accordance with this section and to give the collector instructions with respect to collection and delivery of the proceeds to the factory owner upon whom the charge was imposed;

(3) Whereupon the Determinative Authority is of the opinion that collecting the factory owners shares who must participate in the estimated costs as stated above involves a lot of hassle, it may determine that the collector be entitled to a collection fee at the rate to be determined and such a fee will be considered the same as the expenses with respect to the collection thereof.;

(4) Whereupon the Determinative Authority approved, in a certificate, the amount to be collected from a given factory pursuant to this section, the provisions of the Tax Ordinance (Collection) will apply to the collection of said approved amounts to the exclusion of Section 12 therein.

20I. The Training Will Be Considered The Same As The Work (Amendment: 5729)

The training of an employee pursuant to this chapter, including courses, for all senses and purposes will be treated the same as work at the factory in which he works.

20J. Equipment In Factories That Are Not In The Same Building (Amendment: 5738)

The Minister of Defense may, in an order, instruct that equipment or types of equipment intended, in his opinion, for civil defense purposes of several factories that are not in the one building be purchased, installed, operated or held, as set forth in the order and on the date determined therein, by one of the factory owners or by the Determinative Authority; whereupon the execution of the order is imposed upon a factory owner the provisions in Section 20H will apply.

20J. The Determinative Authority's Expenses (Amendment: 5738)

Whereupon the Determinative Authority executed an order pursuant to Section 20G(b) or 20I, it may collect the execution costs from the concerned factory owner and if a number of factories were concerned – the share of the costs attributed to the total costs from each of the owners in relation to the number of employees employed by the factory at the time the order was issued as opposed to the total number of employees employed at the time by all the concerned factories; the Tax Ordinance (Collection) will apply to such costs.

20K. The State Will Be Treated As An Employer (Amendment: 5729)

The Regulations pursuant to this chapter will also be binding upon the State as an employer.

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Chapter Six: Hazardous Materials

(Amendment: 5729-1969, 5751-1991)

22A. Declaration Pertaining to Hazardous Materials (Amendment: 5729, 5751)

Whereupon the Minister of Defense saw that the dispersion of a specific material endangers human life or health or causes damage to property, he may, in an order, declare that material to be a hazardous material for the purpose of this law.

22B. Monitoring Possession (Amendment: 5729, 5751)

(a) The Minister of Defense may, in Regulations, determine provisions concerning -

(1) Imposing a duty upon the holders of hazardous materials to provide particulars thereof as determined, including but not limited to particulars upon the packaging of the hazardous materials, the building in which they are kept and the environment in which the building is located, as well as conditions and exceptions in relation to remitting particulars, the ways and dates upon which the particulars are to be delivered and the authority to whom they are to be delivered;

(2) Empowering an Authority to order a person who remitted particulars pertaining to a hazardous material pursuant to paragraph (1) or a person who must remit such information to take measures detailed in the Authority's order and which have, in the Authority's opinion, the power to prevent, during a combat period, endangerment of human life or health or damaging property due to possessing the hazardous material, including but not limited to transferring it to another type of building or place as well as delegating the Authority's power to do so;

(3) Empowering the Authority to execute an order pursuant to paragraph (2) during an attack or a pending attack upon the place the hazardous materials are located, declaring an alert of a state of civil defense pursuant to this law, whether the order was issued prior to the declaration or start of the attack or thereafter, and this at the place of the person whom the order was issued against and at his expense, pertaining to the conditions, exclusions and ways to execute such an order by the Authority, including but not limited to selling the hazardous materials, destroying them and shutting down the factory as well as the delegation of the Authority's power as stated.

(4) Limitations or prohibitions against the transfer of hazardous materials pursuant to the exceptions to be determined, from place to place during an attack or pending an attack at the place the materials or located, at any of the transfer stages – declaring a preparation alert pertaining to civil defense pursuant to this law.

(5) Ways to store hazardous materials.

(b) Regulations pursuant to this section do not derogate from the provisions in any other law.

22C. The Court's Authority With Respect To Enforcing An Order (Amendment: 5729, 5751)

Whoever an order was executed against pursuant to Section 22B(a)(2) and did not act in accordance with the order, in whole or in part, on the date determined in the law, the court may, in addition to any sanction it is authorized to impose pursuant to this law pertaining to non-compliance with the order, order the execution of the order at the person's location and expense, or the sale of the hazardous material, as also if the person being tried is also a factory owner that uses the hazardous material for manufacturing, marketing or such like purposes – to shut down the factory or any part thereof until the order is complied with or until the material is sold, all pursuant to the conditions it deems fit to impose; this power does not derogate from the power pursuant to Section 22B(a)(3).

22D. Sales (Amendment: 5729, 5751)

The provisions of Section 21A(5) will apply to the sale of hazardous materials pursuant to this chapter, mutatis mutandis.

22D1. Preservation of the Law (Amendment: 5751)

Powers pursuant to this chapter do not derogate from the provisions in any other law concerning licensing and monitoring hazardous materials.

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Civil Defense Regulations (Hazardous Materials), 5752-1991

Chapter A: Interpretation

1. Definitions (Amendment: 5762-2002)

In these Regulations – "Hazardous Material" and "HM" – is a material declared as a hazardous material in a Civil Defense Order (Declaration Pertaining to Hazardous Materials), 5752-1991;

"The Authority" – The Chief of Civil Defense, District Commander of Civil Defense or Head of the Hazardous Materials Center at the Civil Defense Main Headquarters or anyone who was authorized by them with respect to these Regulations;

"Holder" – whoever has hazardous materials in their possession including but not limited to a landowner that has hazardous materials located on the land;

"Factory" – including but not limited to a facility and other areas in which hazardous materials are kept;

"Combating Period", "Attack" and "Declaration of An Alert" within the meaning of the law.

Chapter B: Remitting Particulars Pertaining to Hazardous Materials

2. Duty to Remit Particulars (Amendment: 5762)

(a) A holder of hazardous materials will remit, no later than 14 days of being required to do so or from the day the hazardous material reached his possession, the earlier of the two, particulars pertaining to –

(1) The factory in which the hazardous materials within his possession are kept, pursuant to Form 1 in the Addendum;

(2) Storage and consumption of the hazardous materials in his possession pursuant to Form 2 in the Addendum.

(3) (Cancelled)

(4) Safety organization in the factory, in a report pursuant to Form 3 in the Addendum.

(b) A holder will remit such particulars as stated above in sub-regulation (a) at the end of each year, between the 15^th and 31^st of December even if the holder remitted particulars pursuant to sub-regulation (a) or pursuant to Regulation 3.

3. Particulars Regarding Changes (Amendment: 5762)

(a) Whereupon changes are made with respect to the particulars remitted concerning the hazardous materials, in relation to item 4 in Form 1 or Form 2, the holder will give notice thereof pursuant to the foregoing forms within 14 days of the day the change occurred.

(b) Whereupon particulars regarding changes as stated above in sub-regulation (a) were remitted and the Authority demanded that the holder, due to new information that reached it, furnish additional particulars beyond those detailed in the forms in the addendum, the holder must remit such particulars no later than 14 days of receiving such a demand.

Chapter C: Monitoring Hazardous Materials

4. Definition (Amendment: 5762)

In this chapter a "Holder" – a holder who remitted particulars pursuant to Chapter B with respect to hazardous materials that he still holds or is obligated to remit such particulars or his name was stipulated in particulars that were remitted as stated above as the holder of hazardous materials.

5. Order Pertaining to Taking Action (Amendment: 5762)

The Authority may, in an order, instruct the holder to take action, by the date stipulated in the order, that is specified therein in order to prevent, during a combat period, endangerment to life or health or damage to property as a consequence of him holding the hazardous materials; taking such action may obligate the holder thereof to move the hazardous materials to another type of building or other place, or to reduce the quantity of hazardous materials that he holds.

6. Action Taken by the Authority (Amendment: 5762)

(a) Whereupon a hazardous material is found in a certain place during an attack or pending an attack with respect to that particular place, a declaration of an alert situation or a special home front situation within the meaning of Section 9C of the law, the Authority who issued such an order as stated in Regulation 5, may, whether the order was issued prior to the alert of such a situation or the beginning of the attack or thereafter –

(1) Execute the order instead of the holder to whom the order was directed towards and charge the costs of the execution thereof to him;

(2) Shut down the factory in which the holder has the hazardous materials, completely or in part.

(b) The Authority may exercise its powers pursuant to sub-regulation (a) even if the date stipulated in the order with respect to execution thereof is not yet due.

7. Selling Hazardous Materials (Amendment: 5762)

(a) The Authority may sell hazardous materials with respect to which Regulation 6 is applicable thereto if it is of the opinion that-

(1) The costs involved in executing the order are higher than the value of the hazardous materials;

(2) Execution of the order involves difficulties that the Authority, under the circumstances at hand, cannot overcome.

(b) Hazardous materials will not be sold as stated in Sub-Regulation (a) unless the Authority is convinced that the intended buyer will keep the hazardous materials under conditions that prevent, during a combat period, endangerment to life or health or damage to property.

(c) The holder will be invited to be present at the time the hazardous materials are sold insofar as possible under the circumstances at hand.

(d) Whereupon hazardous materials are sold a protocol will be kept at the time of the sale pertaining to the sale in which the name of the hazardous material will be recorded, the weight or quantity thereof and the price obtained in consideration thereof at the sale; the protocol will be signed by the buyer and the Authority and if the holder was present – also by the holder; if the holder refuses to sign – this will be indicated in the protocol.

(e) The consideration from the sale of the hazardous materials, less the costs of the sale, will be remitted to the holder.

8. Destroying Hazardous Materials (Amendment: 5762)

(a) Whereupon the conditions stipulated in Article 7(a) were satisfied and the authority did not find a buyer, the authority may destroy or instruct that the holder destroy the hazardous materials.

(b) The Authority may destroy the hazardous materials forthwith, itself or instruct the holder to destroy them immediately even without trying to sell them if convinced that destroying them will prevent a real danger to human life or health.

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