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ORGANIC LAW OF GEORGIA

ON OCCUPATIONAL SAFETY

 

Chapter I - General Provisions

 

Article 1 - Purpose and regulatory scope of the Law

1. The purpose of this Law is to define the basic requirements and general principles of preventive measures related to matters of occupational safety, existing and potential hazards, the prevention of accidents and occupational diseases, the training of employees and the provision of information and consultation to such employees, and the equal participation of employees in matters related to occupational safety and health care.

2. This Law regulates the rights, obligations and responsibilities of state bodies, employers, employees, representatives of employees, and of other persons present in a working space and that are related to the creation of a safe and healthy work environment.

3. This Law regulates matters related to the protection of the life and health of employees and other persons within a working space, except where another special law determines higher standards for the protection of the life and health of the said persons.

 

Article 2 - Scope of the Law

1. This Law shall apply to all fields of economic activities existing in the occupational safety field, including to labour relations regulated by the Organic Law of Georgia called the Labour Code of Georgia and the Law of Georgia on Public Service. For the purpose of the enforcement of this Law, the Government of Georgia shall, in consultation with the social partners, determine the priority areas of economic activities on the basis of risk assessments in all fields of economic activities conducted by supervising authorities following consultation with social partners. Risk assessments shall be regulated by an ordinance of the Government of Georgia.

2. This Law shall not apply to:

a) the Ministry of Internal Affairs of Georgia, the Ministry of Defence of Georgia, the Special State Protection Service of Georgia, the Georgian Intelligence Service, the State Security Service of Georgia and agencies subordinated thereto, where the matters regulated by this Law are regulated by special legislation effective within the systems of the Ministry of Internal Affairs of Georgia, the Ministry of Defence of Georgia, the Special State Protection Service of Georgia, the Georgian Intelligence Service, and the State Security Service of Georgia.

b) labour activities during a state of emergency or martial law in accordance with the legislation of Georgia.

 

Article 3 - Definition of terms

For the purposes of this Law, the terms used herein shall have the following meanings:

a) employer - a natural or a legal person, and/or an association of persons as provided for by the Organic Law of Georgia called the Labour Code of Georgia, for whom certain work is being performed under a labour agreement; and in addition, a public institution as provided for by the Law of Georgia on Public Service;

b) employee - a natural person as provided for by the Organic Law of Georgia called the Labour Code of Georgia performing certain work for an employer under a labour agreement; and in addition, a public servant as provided for by the Law of Georgia on Public Service;

c) other person - a person who performs work or carries out activities with the permission of an employer, or on the basis of another agreement, as well as a supplier, a visitor, a person carrying out production/operational procedures, and others;

d) working space - a combination of all workplaces and locations where employees and other persons are present or /move to for occupational purposes, and where they are directly or indirectly being controlled by an employer;

e) workplace - a specific place, where employees and other persons directly carry out labour activities;

f) occupational safety - a system of protection of the lives, health and functional capacities of employees and other persons present in a working area from the harmful aspects of work, which system creates healthy and safe conditions for activities, and which comprises legal, social, economic, organisational, technical, sanitary and hygienic, medical, preventive, rehabilitation and other measures;

g) prevention - a system of measures and procedures, which are implemented by an employer, or the implementation of which is planned by an employer, in all fields of activities, in order to prevent occupational risks, accidents and occupational diseases in the working space, or other damage to health as a result of labour activities, or in order to reduce such damage;

h) representative of employees in matters related to occupational safety - a person who represents the interests of employees in a given enterprise in matters related to occupational safety;

i) occupational safety specialist - a person with relevant qualifications, who has been appointed or engaged by an employer, and who ensures the introduction and management of occupational safety measures for the purpose of preventing violations of occupational safety standards;

j) hazard – any factor of an occupational environment and work process (machinery, materials, substances, work methods, environmental conditions, or labour organisation) that may cause damage to the health of an employee or other person, or cause their illness, or other problems to their health;

k) risk - a degree of probability of damage to the health of an employee or other person, or other types of damage to such persons under the influence of the factors of an occupational environment and work process, taking into account the gravity of the relevant outcome;

l) heavy work - a work process which mainly affects the musculoskeletal and functional systems (cardiovascular, respiratory, etc.) of the human body that ensure activity, and which is manifested in the physical and dynamic workload, the mass of load to be lifted and moved, the total number of stereotypical occupational movements, the size of static load, the form of working posture, the degree of body tilt, and the movement of the body through the space;

m) harmful work - an occupational environment and/or a work process which affects a person in a way that may cause, in certain conditions (intensity, duration, etc.), occupational diseases, a temporary or permanent decrease of working capacity, an increase the frequency of somatic and infectious diseases, and damage to reproductive health;

n) hazardous work – an occupational environment and/or a work process that may cause acute diseases, a sudden and severe deterioration in health, or the death of a person;

o) increased degree of danger – hazardous work that cannot be replaced by other means involving less risk;

p) immaterial non-compliance - non-compliance that can be corrected without suspending the normal work process, and which does not directly endanger human life and/or health;

q) material non-compliance - non-compliance whose rectification is compulsory, but impossible to implement immediately, and which does not endanger human life for the time being, however the failure to rectify same may pose a substantial threat to human life and/or health;

r) critical non-compliance - non-compliance that poses a substantial threat to human life and/or health, and whose immediate rectification is obligatory;

s) harmful factors of production - factors of an occupational environment and/or a work process that may affect a person in certain conditions (intensity, duration, etc.) in a way that may cause occupational diseases, and temporarily or permanently decrease working capacity;  

t) occupational risk - a degree of probability of direct and immediate damage to the health of an employee or other person due to the factors of an occupational environment and/or a work process related to professional activities, taking into account the gravity of the relevant outcome;

u) risk assessment - a combination of measures that are based on the methodology recognised by the International Labour Organisation, which involves the identification, analysis and assessment of hazards related to a work process in a working space, and the determination of preventive measures;

v) hazardous factors – the physical, chemical, biological or physiological factors of an occupational environment and/or a work process that may pose a threat to the life and health of an employee or other person, and cause occupational disease or serious deterioration of health:

v.a.) physical factor - a factor or a combination of factors of an occupational environment and/or a work process that may damage an employee with or without  physical contact and cause acute disease, a sudden and severe deterioration in health, or the death of a person, depending on the quantitative characteristics and the duration of the effect;

v.b.) chemical factor - chemicals and substances in an occupational environment and/or a work process that may cause damage to the life and/or health of a person and may temporarily or permanently decrease working capacity;

v.c.) biological factor - pathogenic and non-pathogenic micro-organisms in an occupational environment and/or a work process that may cause damage to the life and/or health of a person and temporarily or permanently decrease working capacity;

w) accident in a working space - an accident that occurred during a work process or in relation to a work process, which resulted in damage to the health of an employee or other person, or the limitation or loss of work capacity, or his/her death, or which resulted in declaring him/her missing;

x) dangerous occurrence - an identifiable condition (a technical incident, falling from a height, explosion, fire, leakage of harmful substances, etc.) which may cause material damage and/or other undesirable outcomes; 

y) occupational disease – the severe or chronic disease of an employee developed as a result of the effect of the hazardous factors of an occupational environment and/or a work process, which causes the deterioration of health, and/or the limitation of professional work capacity within a short period of time, or for a prolonged period, and which is determined by the legislation of Georgia;

z)personal protective equipment - technical and other means that are used individually to reduce or prevent the effect of hazardous factors on an employee;

z¹) collective protective equipment - a combination of technical and engineering means that are constructively and functionally related to an occupational environment and/or a work process, and are intended to reduce or prevent the effect of hazardous factors;

z²) supervisory body - a legal entity under public law called the Labor Inspection Service under the governance of the Ministry of Internally Displaced Persons from the Occupied Territories, Labour, Health and Social Affairs of Georgia (‘the Ministry’) that is subject to the state control.

Organic Law of Georgia No 7179 of 29 September 2020 - website, 5.10.2020

 

 

Chapter II - General Obligations of an Employer

 

Article 4 - Registration of activities related to heavy, harmful and hazardous work involving an increased degree of danger

1. Any person performing heavy, harmful and hazardous work involving an increased degree of danger, as provided for by an ordinance of the Government of Georgia, is obliged to register the relevant activities with the Registry of Economic Activities under procedures established by the legislation of Georgia, and in the case of the commencement, implementation or termination of such activities, and/or in the case of a change of any registered data related to such activities, the above person shall apply to the legal entity under public law called the National Agency of Public Registry within the Ministry of Justice of Georgia under procedures established by the legislation of Georgia, in order to incorporate such changes to the Registry of Economic Activities.

2. It shall not be permitted to carry out activities related to heavy, harmful and hazardous work involving an increased degree of danger without being registered therefor with the Registry of Economic Activities.

3. The procedures and the conditions for the registration of activities provided for by paragraph (1) of this article shall be determined by an order of the Minister of Justice of Georgia.

 

Article 5 - Obligations of an employer

1. In order to ensure occupational safety in a working space, taking into account the size of an enterprise, the number of employees, the work conditions, the quality, character and structure of the dangers and relevant risks, an employer, within the scope of his/her competence and responsibilities, is obliged to:

a) comply with the legal regulatory norms and procedures established by the legislation of Georgia in the field of occupational safety;

b) ensure that the safety of the life and health of employees and other persons present in the working space is not endangered when hazards occur;

c) ensure that factors of physical, chemical and biological hazards do not endanger the safety and health of employees and other persons present in the working space;

d) record accidents, cases of occupational diseases and dangerous occurrences in the working space, and where requested, provide relevant information to an employee and/or a representative of employees;

e) ensure the registration, enquiry and reporting of accidents and cases of occupational diseases in the working space in accordance with Article 15 of this Law;

f) regularly, within the periodicity provided for by the legislation of Georgia:

f.a) examine and record the safety of relevant technical equipment;

f.b) ensure the maintenance and cleaning of personal protective equipment and other safeguards, control their proper use, and, where necessary, replace them in a timely manner;

g) examine, measure and assess the following factors of the occupational environment within the periodicity provided for by the legislation of Georgia:

g.a) physical factors (including, temperature, humidity, air flow velocity, thermal radiation, non-ionising radiation, ionising radiation, occupational noise, ultrasound, infrasound, vibration, aerosols with predominant fibrogenic action (dust), lighting, air ions, electric voltage);

g.b) chemical factors (including substances of a biological nature, derived by chemical synthesis (antibiotics, vitamins, hormones, enzymes, protein preparations) and/or substances controlled by methods of chemical analysis and detection);

g.c) biological factors (including viruses, living cells and spores, pathogenic micro-organisms, and micro-organisms which are composites of preparations - producers).

2. Taking into account the size of an enterprise, the number of employees, the work conditions, the quality, character and structure of the dangers and relevant risks, an employer shall ensure the conduct of trainings and instructions for employees, and provide them with information in a language understandable for them on the following:

a) legal and other norms and principles of safe labour, which ensure occupational safety;

b) work procedures, and instructions and guidelines for the use and repair of machinery, work techniques and equipment;

c) emergency situations, evacuation measures, and their implementation;

d) any existing dangers and/or risks, as well as the measures taken to ensure their control.

3. An employer shall ensure the conduct of trainings provided for by paragraph 2 of this article:

a) when hiring employees, before they commence the performance of tasks;

b) when transferring employees to another workplace or during a change of work;

c) before the introduction of new technological processes and work methods, the use of new machinery, and/or the commencement of a change of production process;

d) on a regular basis, in accordance with a plan defined by him/her, or where necessary.

4. The trainings and instructions provided for by paragraphs (2) and (3) of this article shall be conducted during working hours. The days missed for trainings shall be deemed excusable and shall be reimbursed by an employer, in proportion with the working hours. Trainings and instructions for employees shall be conducted free of charge.

5. Taking into account the size of an enterprise and the specificity of its activities, an employer is obliged to provide employees, a representative of employees, an occupational safety specialist and/or other persons in the working area, with information on the following:

a) the occupational risks and harmful factors of production that are related to a workplace, and their possible effect on the health of employees, as well as the mechanisms for safeguarding from such factors;

b) the risks that employees may face and the assessment of the outcomes of such risks, including occupational safety and preventive measures adopted by an employer;

c) emergency situations, evacuation plans and measures to be taken in the case of increased danger, as well as measures and procedures to be carried out in the case of accident or fire;

d) prohibitions related to the entry into and being present in a workplace, and to performing such work that endangers the life and/or health of an employee;

e) prohibitions established by the legislation of Georgia in relation to performing certain work.

6. An employer shall not employ a person under the age of 18 (a minor) to perform work, which, due to its character and the circumstances of performance, may cause damage to the health or safety of the said person. A list of such works shall be determined by the Minister of Internally Displaced Persons from the Occupied Territories, Labour, Health and Social Affairs of Georgia ('the Minister') after consultation with social partners. 

7. An employer shall not employ pregnant or nursing women to perform work involving danger to the health of a mother or a child and/or which presents a particular risk. A list of the said works shall be determined by the Minister after consultation with social partners.

8. If employees of several enterprises work together, each employer participating in the process is obliged to:

a) cooperate with other employers with regard to matters related to the observance of occupational safety, health and hygiene standards;

b) depending on the specificity of work, ensure the coordination of activities of employers in matters related to the occupational safety of employees, and the prevention of occupational risks;

c) exchange information with other employers regarding occupational safety and occupational risks;

d) provide information to employees and/or a representative of employees regarding occupational safety and occupational risks.

9. An employer is obliged to provide an employee, at his/her own expense, with insurance coverage of accidents in the process of work. The requirement of this paragraph shall apply to heavy, harmful and hazardous workplaces involving an increased degree of danger. For the purposes of this Law, the rules and procedures for insuring accidents shall be determined on the basis of an administrative and legal act of the Minister.

10. An employer is obliged to cover all expenses related to occupational safety, and health and hygiene measures, in the working space.

11. If an occupational safety specialist is appointed by an employer in accordance with Article 7(2) and (4) of this Law, or another authorised person is invited to provide relevant services (external services), the fact shall not relieve the employer from the responsibilities provided for by this Law.

12. The obligations of an employee related to occupational safety matters shall not affect the principle of the responsibility of an employer.

13. An employer shall be relieved from responsibility if an accident that occurred at the workplace was caused by circumstances which could not have been foreseen, or which were not subject to control by the employer, or if the accident was caused by expected circumstances which could not have been prevented despite the appropriate efforts of the employer. The burden of proof of the said circumstances shall be borne by the employer.

 

Article 6 - Prevention

1. In order to minimise or eliminate the risk of damage to health during all stages of work, an employer shall, taking into account the size of an enterprise and the specificity of activities, and in accordance with the procedure provided for by an administrative and legal act of the Minister, assess such risk, update the risk assessment document and take relevant measures on the basis of the following general principles and in order to:

a) ensure the prevention of existing risks;

b) assess those risks and hazards that cannot be prevented;

c) ensure the reduction of danger, including the elimination of the sources of danger; 

d) replace, within his/her capacities, hazardous factors by safe or less dangerous factors, taking into account the specificity of work;

e) develop a policy of coherent preventive measures, which should relate to the specificity of the occupational environment and the work process;

f) draw up a written document on the basis of sub-paragraph (e) of this paragraph and the analysis of hazardous factors, which shall involve measures for minimising or eliminating the risks of damage to the health of employees or other persons present in the working space, and which shall be taken during the carrying out of all types of activities and during each stage of enterprise management, and which shall also consider the periods for taking such measures, those persons who take such measures, and the funds required for taking such measures;

g) give preference to collective protective equipment over personal protective equipment, unless otherwise provided for by the legislation of Georgia;

h) provide appropriate training and instructions to employees;

i) ensure the adaptation to work of an employee, especially in terms of the arrangement of the workplace, work equipment, the selection of work and production methods, for the purpose of relieving monotonous work and reducing the effect of work on the health of an employee.

2. An employer is obliged to keep the risk assessment document in accordance with the procedures as provided for by the administrative and legal act determined by paragraph (1) of this article.

3. In order to ensure safe and healthy working conditions and prevent accidents or occupational diseases at the workplace, depending on the specificity of the enterprise and the risk assessment document, an employer is obliged to:

a) define the obligations and responsibilities of appropriate employees and other persons present in the working space in the field of occupational safety, in a written form, and on the basis of the distribution of functions;

b) ensure access to hazardous workplaces by only those employees and other persons present in the working space who have taken appropriate special trainings and instructions;

c) identify and register hazardous workplaces; 

d) ensure the continuous and proper functioning of protection and control systems, and of equipment for collecting and neutralising dangerous substances;

e) provide a supervisory body with all necessary information and documentation, and fulfil the instructions of the said body upon request;

f) equip an enterprise with appropriate collective protective equipment;

g) equip employees and other persons present in the working space free of charge with necessary effective personal protective equipment, in places where it is necessary for the protection of their life or health, and ensure the cleanliness and technical functionality of the personal protective equipment;

h) ensure the provision of preliminary and periodic medical examinations of employees in the cases provided for by the legislation of Georgia;

i) not let employees and/or other persons into the workplace who are in a state of alcoholic, narcotic or psychotropic intoxication, and for this purpose, on the basis of internal regulatory norms, determine a group of employees and/or other persons who shall be authorised to supervise this process.

 

Article 7 - Organisation and management of occupational safety

1. In order to organise the completion of tasks in the field of occupational safety, taking into account Article 6(1)(e) and (f) of this Law, an employer is obliged to have one or more occupational safety specialists, or establish an occupational safety service for the above mentioned purpose. An occupational safety specialist and a representative of employees may be one and the same person in agreement with the employees.

2. An employer who has 20 employees or less, may personally fulfil the professional duties of an occupational safety specialist, provided that he/she has completed an accredited programme provided for by paragraph (6) of this article. An employer who has from 20 to 100 employees is obliged to appoint no less than one occupational safety specialist, and in the case of 100 or more employees, the employer is obliged to establish an occupational safety service with not less than two occupational safety specialists.

3. An occupational safety specialist/service shall be equipped with appropriate technical equipment and tools. Appropriate time for fulfilling the obligations of the occupational safety specialist/service shall be determined in such a way that any delay in the production process is maximally avoided. The said time shall be deemed working time and shall be compensated. An occupational safety specialist, depending on his/her activities, shall not appear in a less-protected state than that of other employees, in terms of the observance of occupational safety.

4. If an employer does not have an appropriate number of occupational safety specialists, taking into consideration the size of an enterprise, the number of employees, the labour conditions, the degree, nature and structure of hazard, and the relevant risks, the employer is obliged to engage specialists and/or organisations in the field of occupational safety.

5. A person responsible for occupational safety shall have relevant professional experience and qualifications (skills and technical expertise confirmed by a document certifying that an accredited programme has been completed as provided for by paragraph (6) of this article).

6. An occupational safety specialist shall have completed an occupational safety specialist programme in the relevant accredited organization. The length of the programme, and the procedures and conditions of the implementation of the programme, shall be determined by an administrative act of the Minister.

7. An enterprise may have an occupational physician depending on the specificity of activities and the number of employees. An occupational physician shall have a state certificate confirming the right to be an independent medical practitioner in one of the following fields: ‘internal medicine’, ‘family medicine’, ‘public health care’, and ‘occupational pathology’. 

 

Article 8 - First aid, fire safety, evacuation, increased degree of danger

1. An employer is obliged to:

a) take necessary measures to ensure first aid, and fire safety and evacuation, taking into account the size of an enterprise, the scope of its activities, and other conditions;

b) establish necessary and instantaneous communication with emergency, rescue, fire and other special services.

2. An employer is obliged to immediately notify, personally and/or though an appointed/engaged occupational safety specialist, or a special service, all employees and other persons present in the working space, who are facing or may face an increased degree of danger, with regard to preventive, evacuation, and safety measures.

3. Where an increased degree of danger arises, an employer is obliged to take all appropriate measures and issue an order to stop work in order to enable employees and other persons present in the working space to transfer to safe zones.

4. An employer shall have no right to require from an employee or other person present in the working area to continue working as long as the increased degree of danger exists.

5. An employee shall not appear in an unprotected condition due to his/her own action when leaving a workplace and/or a hazardous territory during the existence of an increased degree of danger, and shall be protected from harmful outcomes.

6. An employer shall ensure that, in the case of the existence of an increased degree of danger, each employee/other person present in the working space, and who is unable to apply to the direct manager, is able to take appropriate measures, including to leave the workplace to ensure his/her own safety and the safety of others, and to prevent the outcomes of the said danger.

7. An employer shall not place an employee in an unfavourable position because he/she took measures as provided for by paragraph (6) of this article, except where the employee behaved negligently and/or imprudently.

 

Article 9 - Consultations and participation of employees in matters related to occupational safety

1. Before making a decision, an employer shall ensure the participation of employees and/or a representative of employees in matters related to occupational safety, which shall include:

a) consultations with employees;

b) the right of an employee or a representative of employees to initiate a proposal regarding occupational safety;

c) balanced participation.

2. During the initiation of a system of new initiatives in the field of occupational safety, an employer shall take consultations from the representatives of employees in matters related to occupational safety.

3. During the planning of the work process, and work itself, or during the organisation of the work, or during the planning of changes which may influence the safety of an employee, an employer is obliged to take consultations from the representatives of employees in matters related to occupational safety. 

4. For the purpose of carrying out consultations, and effective cooperation and communication between an employer and employees regarding matters related to occupational safety, the employees shall elect, from among their number, a representative of employees in matters related to occupational safety. A person may be elected and appointed to be a representative of employees only where he/she consents thereto.

5. In an enterprise/establishment where 20 or more persons are employed, a representative of employees in matters related to occupational safety shall be elected for a specific period of time, by a simple majority of votes. An employer is obliged to assist employees in organising the elections.

6. A representative of employees shall be authorised to:

a) represent the interests of employees before an employer, occupational safety specialist and a supervisory body regarding matters related to occupational safety;

b) inspect a working space and the observance of occupational safety standards at workplaces, in such a way as not to hinder the production process, and where violations are detected, notify an employer immediately thereof;

c) request information from an employer on factors affecting occupational safety in the working space, (the employer, from his/her side, is obliged to submit such information to them) and review them with the employer and employees;

d) cooperate with an employer and submit to him/her proposals on enhancing the quality of observance of occupational safety, and on minimising/eliminating increased degrees of danger;

e) participate in discussions arranged by an employer on matters related to occupational safety at a workplace, as well as in enquiries which determine the reasons for occupational injuries, occupational diseases and other accidents occurring during the work process;

f) submit comments and proposals to a supervisory body during the examination by said body of the observance of occupational safety standards in an enterprise of an employer;

g) apply to relevant agencies, if measures taken and resources allocated by an employer are not sufficient to ensure the observance of occupational safety standards at a workplace.

7. An employer is obliged to place in a visible place a list of representatives of employees indicating their relevant jobs.

8. It shall not be permitted to dismiss a representative of employees and/or to put him/her in an unfavourable position as a result of him/her exercising his/her powers.

9. An employer is obliged to allocate  paid and leisure time of not less than two hours and not more than five hours a week to a representative of employees in matters related to occupational safety, and to provide him/her with appropriate equipment in order to enable him/her to exercise his/her powers.

10. Taking into account the size of an enterprise, labour conditions, and other circumstances, the time allocated for exercising the powers of a representative of employees shall be determined by a collective agreement, or other written document.

 

Chapter III - Rights and Obligations of an Employee

 

Article 10 - Rights of an employee

1. An employee shall have a right to:

a) review with an employer all matters of occupational safety related to the work to be performed, and, on the basis of mutual agreement, request the engagement of an expert in the relevant field for such review;

b) receive information from an employer on hazardous factors, the results of risk assessments, measures taken by an employer to ensure the observance of occupational safety standards, the results of medical examinations, and the recommendations and instructions of a supervisory body;

c) leave a workplace or a hazardous zone in the case of hazard, and refuse to perform work, an assignment, or an instruction that contravenes law or, due to the lack of occupational safety standards, obviously and substantially endangers their or a third person’s life, health, property, or the safety of the natural environment;

d) on the basis of a medical report, require from an employer to be transfered to another permanent or temporary workplace, or to ease his/her working conditions, or to be transferred to a day shift, if a night shift poses a threat to an employee’s health, and the employer has a relevant vacancy and the employee meets the requirements for the vacancy;

e) receive compensation under the procedures established by the legislation of Georgia for injury received in a working space, including for injury as a result of professional diseases;

f) apply to an occupational safety specialist, a supervisory body, a representative of employees, if the occupational safety standards are not properly observed in a working space.

2. It shall not be permitted to dismiss an employee or aggravate his/her position in comparison to other employees as a result of him/her exercising the rights as provided for by paragraph (1) of this article.

 

Article 11 - Obligations of an employee

An employee is obliged to:

a) be guided by the instructions, legal norms and other rules related to occupational safety, and comply with the labour procedures established by an employer;

b) cooperate with an employer and a representative of employees in creating and maintaining a safe working environment in accordance with occupational safety standards;

c) immediately notify an employer as to why he/she refuses to fulfil the obligations under the employment agreement in the cases provided for by Article 10(1)(c) of this Law;

d) perform work, control and use work machinery, materials, dangerous substances, and other means in accordance with the instructions of an employer and the knowledge and qualifications obtained in the process of working;

e) manage work machinery in relation to work involving an increased degree of danger, which is defined by special rules, and perform work only where he/she holds a relevant certificate, and only during the time that he/she is instructed by an employer to perform such work;

f) not disable, change or remove safety and health protection equipment from work machinery, work apparatus, instruments, devices or appliances without due authorisation, and use the said equipment according to their designation;

g) use personal protective equipment in accordance with the instructions, maintain it in operating condition, and return it to the designated place;

h) submit information to an employer or his/her representative immediately about any defect that may adversely affect occupational safety in a working space, or cause an accident or a dangerous incident, and participate in the eradication of the defect within his/her capacity;

i) attend trainings and information meetings on occupational safety organised by an employer;

j) pass preventive medical examinations in relation to work which requires a medical examination according to the legislation of Georgia;

k) follow the orders, instructions and recommendations of an employer, an occupational safety specialist, an occupational physician, and a supervisory body regarding matters related to occupational safety;

l) not arrive at work in a state of intoxication by alcohol, narcotics, toxic or any psychotropic substances, and not use substances that cause such states during the performance of work;

m) comply with prohibitions regarding tobacco consumption in the working space;

n) cooperate with an employer and/or a representative of employees in matters related to occupational safety during the period necessary for ensuring the occupational safety of employees at the workplace required for fulfilling any assignment, or meeting the requirements of a supervisory body;

o) cooperate with an employer and/or a representative of employees in matters related to occupational safety so long as it is necessary for the employer to make sure that the occupational environment and work conditions do not endanger the safety and health of employees;

p) ensure his/her own safety and health within his/her abilities in accordance with the trainings and instructions provided by an employer, as well as the safety and health of persons who have suffered damage due to their own action or omission.

 

Chapter IV - Rights and Obligations of Other Persons Present in the Working Space

 

Article 12 - Rights and obligations of other persons present in the working space

Other persons present in the working space shall have a right to:

a) request information from an employer regarding matters related to occupational safety in the working space;

b) leave a workplace or a hazardous zone in the case of hazard, and refuse to perform work, an assignment, or an instruction that contravenes law or, due to the lack of occupational safety standards, obviously and substantially endangers their or a third person’s life, health, property, or the safety of the natural environment;

c) receive compensation under the procedures established by the legislation of Georgia for injury as a result of an accident in a working space;

d) follow the instructions and recommendations of an employer, an occupational safety specialist, an occupational physician, and a supervisory body regarding matters related to occupational safety.

 

Article 13 - Obligations of other persons present in the working space

Other persons present in the working space shall:

a) be guided by the instructions, legal norms and other rules related to ensuring occupational safety, and comply with the labour procedures established by an employer;

b) follow orders on matters related to the compliance with the labour safety standards in the manufacturing and non-manufacturing environment;

c) notify an employer or his/her representative immediately about exercising the right provided for by Article 12(b) of this Law;

d) not arrive at work in a state of intoxication by alcohol, narcotics, toxic or any psychotropic substances, and not use substances that cause such states during the performance of work;

e) comply with an examination to identify whether he/she is under the influence of the non-alcoholic, narcotic or phychotropic intoxication;

f) comply with prohibitions regarding tobacco consumption in the working space.

 

Chapter V - Accidents and Occupational Diseases in a Working Space

 

Article 14 - Accidents in a working space

An accident in a working space shall be classified, according to its outcomes and the number of people injured at one time, as follows:

a) a minor accident - a minor injury as a result of an accident without the loss of working capacity, or with the loss of working capacity for not more than three days;

b) a moderate accident - an injury as a result of an accident with the loss of working capacity from 3 to 40 days;

c) a serious accident - the development of permanent disability, or serious damage to health, and/or the development of temporary disability for more than 40 calendar days as a result of an accident;

d) fatal accident - the death of a person (an employee or other person) as a result of an accident in the workplace, or within a year after the accident;

e) mass-casualty incident - the injury of three or more people as a result of an accident, including a serious accident, or a fatal accident.

 

Article 15 - Registration, enquiry and reporting of accidents and cases of occupational diseases in a working space

1. An employee is obliged to immediately notify an employer about an accident that has occurred to another person in a working space, and which was witnessed by the employee, or about an accident which has occurred to the said employee, if his/her health condition allows. The employer shall also be notified about any accident, or hazards or harmful factors of production.

2. On the basis of paragraph (1) of this article, an employer is obliged to:

a) immediately take necessary measures to prevent a further threat to the life and health of a person;

b) secure the place of the accident within the working space, and keep it unchanged until the arrival of representatives of competent investigative authorities in the cases provided for by Article 14(c)-(e) of this Law, except where it is necessary to take compulsory measures to protect the life and health of a person, or to prevent serious economic damage. If the situation in the place of the accident within the working space changes for the purpose of preventing a further threat to the life and health of a person, or serious economic damage, an employer shall make an appropriate description of the situation in the working space in order to facilitate the enquiry into the reasons which caused the accident;

c) immediately inform the following about the accident in the working space within 24 hours after its occurrence:

c.a) the union of the relevant employees (if any) and the representative of employees;

c.b) law enforcement bodies - in the case provided for by Article 14 of this Law and where the facts related to the accident indicate the existence of elements of crime;

c.c) a supervisory body - in the cases provided for by Article 14(b)-(e) of this Law;

d) record accidents and cases of occupational diseases in the working space, which involves the determination of the cause of the accident or occupational disease in question, with the joint participation of the representatives of competent agencies, an occupational safety specialist and the injured employee, if his/her health condition allows.

3. In the case of the occurrence of an accident to an employee in the working space of another employer, the other employer is obliged to notify the employer of the injured employee about the accident.

4. An employer is obliged to keep evidence of moderate, serious, and fatal accidents and mass-casualty incidents that shall contain the data necessary to describe the relevant accident, if the outcomes of the accident/incident in the working space are revealed later, and shall take appropriate measures to avoid such accidents/incidents.

5. Detailed procedures for collecting and keeping evidence, as well as procedures and forms of recording accidents/incidents and occupational diseases, for conducting an enquiry, and procedures and terms for reporting, shall be determined by an administrative act of the Minister.

 

Chapter VI - State Strategy and Agencies Providing State Supervision in the Field of Occupational Safety

 

Article 16 - State strategy and competent agencies in the field of occupational safety

1. State policy in the field of occupational safety shall be determined by the Government of Georgia.

2. For the purposes of this Law, the the Ministry shall make sure to:

a) draw up a document determining state policy in the field of occupational safety in cooperation with other ministries, institutes and social partners, and gradually update the document and fulfil the requirements stated therein;

b) draw up the following technical regulations to be adopted on the basis of the ordinance of the Government of Georgia on matters related to occupational safety:

b.a) the minimum health and safety requirements during the use of personal protective equipment and work equipment in the workplace;

b.b) the minimum health and safety requirements during work with equipment with monitors or at temporary or mobile construction sites;

b.c) the minimum requirements to be established for the purpose of the instalment of signs related to health and safety at a workplace;

b.d) the protection of employees from the risks related to the effects of asbestos, carcinogens, mutagens and biological agents in the workplace;

b.e) the minimum health and safety requirements in relation to employees facing potential risks caused by physical agents (vibration, noise, electromagnetic field, artificial optical radiation) in the workplace;

b.f) the minimum health and safety requirements in relation to persons who are employed in above-ground and underground mineral extraction industries, as well as in mineral extraction industries using a drilling method;

b.g) the protection of employees from risks caused by the effect of chemical, physical and biological agents in the workplace, as well as from risks related to chemical agents and chemical substances; 

b.h) the minimum requirements to be established for the purpose of the improvement of health and safety conditions of employees who are subject to a potential risk caused by an explosive environment;

b.i) the minimum health and safety requirements in relation to the manual handling of loads;

c) raise public awareness, carry out research, and where necessary, organise/facilitate trainings on matters related to occupational safety;

d) cooperate with institutions whose activities are related to matters of occupational safety;

e) control and monitor compliance with the legislation of Georgia in the field of occupational safety by supervisory bodies;

f) prepare annual reports on the status of occupational safety.

3. In order to improve the status of occupational safety, the Tripartite Social Partnership Commission shall:

a) draw up proposals and recommendations regarding state policy and programmes in the field of occupational safety;

b) review draft documents related to matters of occupational safety in the workplace, and draw up relevant recommendations;

c) gradually analyse the effective execution of this Law by a supervisory body, including the adequacy of the amount of an administrative penalty, on condition that the proportionality, consistency and the restraining effect of the administrative penalty is observed;

d) exercise other powers determined by the statute of the Tripartite Social Partnership Commission.

4. A supervisory body shall control the enforcement and application of occupational safety standards, conduct enquiries into cases of accidents and occupational diseases in the workplace, and make records thereof in accordance with the procedures established by the legislation of Georgia. The functions, rights, obligations and the structure of a supervisory body shall be determined by the statute of the supervisory body in question, in accordance with the legislation of Georgia.

5. A supervisory body shall be authorised, without prior notification, to inspect any working space subject to inspection, carry out the inspection, investigation and examination of the working space at any time of the day or night, as required for the purpose of effective execution and application of occupational safety standards. The procedures and conditions for entering a working space and for the inspection thereof shall be determined by an ordinance of the Government of Georgia.

6. A supervisory body shall be authorised to:

a) examine an employer, employees, an occupational safety specialist, and a representative of employees in matters related to occupational safety on any matter associated with the execution and application of occupational safety standards;

b) require the issuance of any document necessary for a supervisory body to effectively exercise powers determined by this Law, as well as the making of a copy of the document, or the preparing of an extract from such document;

c) carry out photo and video filming of the workplace based on the information of an employer, as well as take samples of substances or materials used in the workplace in order to make analysis of such samples.

 

Chapter VII - Liability

 

Article 17 - General grounds for liability

1. Liability for violating occupational safety standards shall be determined by this Law, and other legislative acts and subordinate normative acts of Georgia, and matters related to administrative proceedings shall also be regulated by the Administrative Offences Code of Georgia, unless otherwise provided for by this Law.

2. A decision made by a supervisory body on a case involving an administrative offence under this Law may be appealed in accordance with the procedures determined by the legislation of Georgia.

3. The form of administrative offence report and the procedure for its completion and submission shall be determined by an administrative act of the Minister.

 

Article 18 - Administrative penalties for the violation of this Law

1. The following administrative penalties shall apply to the commission of an administrative offence under this Law:

a) a warning

b) a fine

c) a suspension of the work process.

2. When applying an administrative penalty provided for by paragraph 1(a) or (b) of this article, a supervisory body shall issue an instruction on the rectification of the violation within a reasonable time frame established by the supervisory body.

3. A reasonable time frame for the rectification of the identified violation shall be established by a supervisory body in consultation with an employer, an occupational safety specialist and a representative of employees in the matter of occupational safety and shall be recorded in the relevant report, which shall be signed by all parties.

4. A supervisory body shall inspect an offender after the expiry of the time frame determined by the instruction issued on the basis of paragraph 1(a) or (b) of this article, and a relevant inspection report shall be drawn up. The inspection report shall specify the actual condition of an enterprise against the conditions of the instruction, namely:

a) the instruction has been fulfilled;

b) the instruction has not been fulfilled.

5. A supervisory body, in the case of a failure to rectify a violation within the time frame established by an instruction issued therefor, shall make a decision on applying an administrative penalty provided for by paragraph 1(b) of this article, and on providing an offender with additional reasonable period to comply with the issued instruction. In addition, the supervisory body shall have a right to suspend the work process in the case provided for by paragraph 12(c) of this article.

6. When an administrative offence is committed, an inspection report may be drawn up before the expiry of the time frame established by the instruction of a supervisory body on the basis of an offender's substantiated request. The fact shall be noted in the inspection report.

7. An appropriate administrative penalty shall be applied in the cases provided for by paragraph 4(b) of this article.

8. When an administrative offence provided for by this Law is committed, a supervisory body shall issue a relevant administrative act that shall immediately be submitted to an interested party. If the administrative offence report cannot be served upon the party specified therein, the following procedure shall apply:

a) the administrative offence report shall be sent to the party specified in the administrative offence report via the mail according to the place of registration or the actual domicile;

b) if the administrative offence report has not been served upon the offender according to the place of registration or the actual domicile, the administrative offence report shall be returned to the sender and a relevant marking shall be made thereon; 

c) the administrative offence report shall be deemed served if the relevant authorised person at the place of registration or the actual domicile address of the offender repeatedly refuses to receive the administrative offence report via mail;

d) in the case of repeated failure to receive the administrative offence report via mail, a supervisory body shall ensure the publication of the administrative offence report on the official website.

9. The imposition of an administrative penalty shall not exempt a person from complying with the requirements laid down by the legislation of Georgia.

10. In the case of a failure to pay an imposed fine within the determined time frame, a supervisory body shall impose on an offender penalty interest which is double the amount of the fine imposed, and in the case of a failure to pay the fine and/or the penalty interest within 30 days after imposing the penalty interest, enforcement procedures shall be applied in accordance with the Law of Georgia on Enforcement Proceedings.

11. The payment of a fine shall not release a person from the payment of penalty interest.

12. A work process shall be suspended in accordance with the following procedures:

a) a report of an administrative offence provided for by this Law, against which an administrative penalty is imposed in the form of the suspension of the work process, shall be drawn up by a supervisory body, and a decision taken by the supervisory body on the suspension of the work process shall be approved by a court under the procedures established by the Administrative Procedure Code of Georgia;

b) in the case of the detection of critical non-compliance, a supervisory body is obliged to suspend a particular ongoing work process in the particular section(s) of the working space, or in the relevant workplace(s), if, due to the failure to observe occupational safety standards, the life and/or health of an employee or a third person related to the work process is endangered, and if the immediate rectification thereof is obligatory;

c) in the case of a failure to fulfil the instruction issued during the process of applying an administrative penalty provided for by paragraph 1(b) of this article, a supervisory body shall have a right to suspend the work process in the particular section(s) of the working space or in the relevant workplace(s);

d) a supervisory body is obliged to submit a motion to a court on the approval of the suspension of the work process within 24 hours after the issuance of an administrative act provided for by sub-paragraphs (a)-(c) of this paragraph. In the case of a failure to submit the motion within the established time frame, the decision on the suspension of the work process shall be deemed revoked, and the work process shall be deemed restored.

13. The decision on the suspension of the work process shall apply until the relevant violation is rectified, and the decision on restoring the work process by a supervisory body is made. After rectifying the relevant violation, an authorised person of a supervisory body is obliged to revoke a decision made by the supervisory body regarding the suspension of the work process within 24 hours, on his/her own initiative, or on the basis of a request of an interested person.

14. In the case of a failure to make a decision within the period established under paragraph (13) of this article, the decision on the suspension of the work process shall be deemed revoked.

15. If an authorised person of a supervisory body makes a decision on the refusal to restore the work process, his/her well-grounded decision shall immediately be submitted or sent to an interested party. The decision may be appealed to a court.

16. In the case of the appeal of the decision provided for by paragraph (15) of this article, a court shall review the case in accordance with the procedures established by Article 21⁶¹ and Article 21⁶² of the Administrative Procedure Code of Georgia.

 

Article 19 - Carrying out activities related to heavy, harmful and hazardous work involving an increased degree of danger without the registration of such activities

1. Carrying out activities related to heavy, harmful and hazardous work involving an increased degree of danger without the registration of such activities, or the failure to submit to the Registry of Economic Activities any changes made to the registered data related to such activities, shall be subject to a fine in the amount of GEL 1 000.

2. The failure by an offender to comply with the instruction issued on the basis of the offence provided for by paragraph (1) of this article shall be subject to a fine in the amount of GEL 2 000.

3. The payment of a fine as provided for by this article shall not release a person from the obligation to register the activities.

4. Carrying out activities related to heavy, harmful and hazardous work involving an increased degree of danger without the registration of such activities shall not release a person from the liability determined by this Law.

 

Article 20 - Interference with activities of a supervisory body

1. Obstruction of the activities of a supervisory body in the exercise of its powers under this Law, the Organic Law of Georgia Labour Code of Georgia and the Law of Georgia on Labor Inspection shall be subject to:

a) a fine in the amount of GEL 1 000 in the case of a natural person with income of up to GEL 100 000 according to the previous calendar year;

b) a fine in the amount of GEL 2 000 in the case of a natural person with income of GEL 100 000 or higher according to the previous calendar year;

c) a fine in the amount of GEL 2 000 in the case of a person registered as a VAT payer (except for a natural person), whose aggregate amount of VAT-taxable transactions carried out during the previous continuous 12 calendar months does not exceed GEL 100 000;

d) a fine in the amount of GEL 5 000 in the case of a person registered as a VAT payer (except for a natural person), whose aggregate amount of VAT-taxable transactions carried out during the previous continuous 12 calendar months exceeds GEL 100 000, but does not exceed GEL 500 000;

e) a fine in the amount of GEL 7 000 in the case of a person registered as a VAT payer (except for a natural person), whose aggregate amount of VAT-taxable transactions carried out during the previous continuous 12 calendar months exceeds GEL 500 000;

f) a fine in the amount of GEL 1 000 in the case of any employer, including a person who is not registered as a VAT payer (except for a natural person).

2. The commission of the same act within two calendar years after the imposition of an administrative penalty for the violation provided for by paragraph (1) of this article shall be subject to a fine which is double the amount of the penalty imposed for the failure to comply with the relevant instruction.

Organic Law of Georgia No 7179 of 29 September 2020 - website, 5.10.2020

 

Article 21 - Non-compliance with the decision of a supervisory body in relation to the suspension of the working process

1. Non-compliance with the decision of a supervisory body in relation to the suspension of the working process shall be subject to:

a) a fine in the amount of GEL 2 000 in the case of a natural person with income of up to GEL 100 000 according to the previous calendar year;

b) a fine in the amount of GEL 4 000 in the case of a natural person with income of GEL 100 000 or more according to the previous calendar year;

c) a fine in the amount of GEL 4 000 in the case of a person registered as a VAT payer (except for a natural person), whose aggregate amount of VAT-taxable transactions carried out during the previous continuous 12 calendar months does not exceed GEL 100 000;

d) a fine in the amount of GEL 10 000 in the case of a person registered as a VAT payer (except for a natural person), whose aggregate amount of VAT-taxable transactions carried out during the previous continuous 12 calendar months exceeds GEL 100 000, but does not exceed GEL 500 000;

e) a fine in the amount of GEL 14 000 in the case of a person registered as a VAT payer (except for a natural person), whose aggregate amount of VAT-taxable transactions carried out during the previous continuous 12 calendar months exceeds GEL 500 000;

f) a fine in the amount of GEL 2 000 in the case of any other employer, including a person who is not registered as a VAT payer (except for a natural person).

2. The commission of the same act within two calendar years after the imposition of an administrative penalty for the violation provided for by paragraph (1) of this article shall be subject to a fine which is double the amount of the penalty imposed for the failure to comply with the relevant instruction.

Organic Law of Georgia No 7179 of 29 September 2020 - website, 5.10.2020

 

Article 22 - Violation of occupational safety standards determined by the technical regulation(s) approved by the Government of Georgia

1. Violation of occupational safety standards determined by the technical regulation(s) approved by the Government of Georgia, unless a critical non-compliance is identified in the enterprise, shall result in a warning.

2. The failure by an offender to fulfil the instructions issued in relation to the warning provided for by paragraph (1) of this article:

a) in case of the presence of immaterial non-compliance, shall be subject to:

a.a) a fine in the amount of GEL 100 in the case of a natural person with income of up to GEL 100 000 during the previous calendar year, and not more than GEL 2 000 in the case of the failure to fulfil each condition determined by the technical regulations approved by the Government of Georgia;

a.b) a fine in the amount of GEL 200 in the case of a natural person with income of GEL 100 000 or more according to the previous calendar year, and not more than GEL 4 000 in the case of the failure to fulfil each condition determined by the technical regulations approved by the Government of Georgia;

a.c) a fine in the amount of GEL 200 in the case of a person registered as a VAT payer (except for a natural person), whose aggregate amount of VAT-taxable transactions carried out during the previous continuous 12 calendar months does not exceed GEL 100 000, and not more than GEL 4 000 in the case of the failure to fulfil each condition determined by the technical regulations approved by the Government of Georgia;

a.d) a fine in the amount of GEL 400 in the case of a person registered as a VAT payer (except for a natural person), whose aggregate amount of VAT-taxable transactions carried out during the previous continuous 12 calendar months exceeds GEL 100 000, but does not exceed GEL 500 000, and not more than GEL 6 000 in the case of the failure to fulfil each condition determined by the technical regulations approved by the Government of Georgia;

a.e) a fine in the amount of GEL 600 in the case of a person registered as a VAT payer (except for a natural person), whose aggregate amount of VAT-taxable transactions carried out during the previous continuous 12 calendar months exceeds GEL 500 000, and not more than GEL 8 000 in the case of the failure to fulfil each condition determined by the technical regulations approved by the Government of Georgia;

a.f) a fine in the amount of GEL 100 in the case of any other employer or a person who is not registered as a VAT payer (except for a natural person), and not more than GEL 2 000 in the case of the failure to fulfil each condition determined by the technical regulations approved by the Government of Georgia;

b) in the case of the presence of immaterial non-compliance, shall be subject to:

b.a) a fine in the amount of GEL 400 in the case of a natural person with income of up to GEL 100 000 during the previous calendar year, and not more than GEL 3 000 in the case of the failure to fulfil each condition determined by the technical regulations approved by the Government of Georgia;

b.b) a fine in the amount of GEL 800 in the case of a natural person with income of GEL 100 000 or more during the previous calendar year, and not more than GEL 6 000 in the case of the failure to fulfil each condition determined by technical regulations approved by the Government of Georgia;

b.c) a fine in the amount of GEL 800 in the case of a person registered as a VAT payer (except for a natural person), whose aggregate amount of VAT-taxable transactions carried out during the previous continuous 12 calendar months does not exceed GEL 100 000, and not more than GEL 6 000 in the case of the failure to fulfil each condition determined by the technical regulations approved by the Government of Georgia;

b.d) a fine in the amount of GEL 900 in the case of a person registered as a VAT payer (except for a natural person), whose aggregate amount of VAT-taxable transactions carried out during the previous continuous 12 calendar months exceeds GEL 100 000, but does not exceed GEL 500 000, and not more than GEL 10 000 in the case of the failure to fulfil each condition determined by the technical regulations approved by the Government of Georgia;

b.e) a fine in the amount of GEL 1 000 in the case of a person registered as a VAT payer (except for a natural person), whose aggregate amount of VAT-taxable transactions carried out during the previous continuous 12 calendar months exceeds GEL 500 000, and not more than GEL 14 000 in the case of the failure to fulfil each condition determined by the technical regulations approved by the Government of Georgia;

b.f) a fine in the amount of GEL 400 in the case of any other employer or a person who is not registered as a VAT payer (except for a natural person), and not more than GEL 3 000 in the case of the failure to fulfil each condition determined by the technical regulations approved by the Government of Georgia.

3. Critical non-compliance with the occupational safety standards determined by the technical regulation(s) approved by the Government of Georgia shall result in the suspension of the work process.

4. The identification of critical non-compliance within two calendar years after the imposition of an administrative penalty for the violation provided for by paragraph (3) of this article shall result in the suspension of the work process, and:

a) a fine in the amount of GEL 10 000 in the case of a natural person with income of up to GEL 100 000 during the previous calendar year;

b) a fine in the amount of GEL 20 000 in the case of a natural person with income of GEL 100 000 or more during the previous calendar year;

c) a fine in the amount of GEL 20 000 in the case of a person registered as a VAT payer (except for a natural person), whose aggregate amount of VAT-taxable transactions carried out during the previous continuous 12 calendar months does not exceed GEL 100 000;

d) a fine in the amount of GEL 30 000 in the case of a person registered as a VAT payer (except for a natural person), whose aggregate amount of VAT-taxable transactions carried out during the previous continuous 12 calendar months exceeds GEL 100 000, but does not exceed GEL 500 000;

e) a fine in the amount of GEL 50 000 in the case of a person registered as a VAT payer (except for a natural person), whose aggregate amount of VAT-taxable transactions carried out during the previous continuous 12 calendar months exceeds GEL 500 000;

f) a fine in the amount of GEL 10 000 in the case of any other employer or a person who is not registered as a VAT payer (except for a natural person).

5. The commission of the same act within two calendar years after the imposition of an administrative penalty for the violation provided for by paragraph (1) of this article shall be subject to a fine which is double the amount of the penalty imposed for the failure to comply with the relevant instruction.

Organic Law of Georgia No 7179 of 29 September 2020 - website, 5.10.2020

 

Article 23 - Violation of the requirements provided for by this Law

1. Violation of the requirements provided for by this Law, except for the case provided for by paragraph (4) of this article, shall result in a warning.

2. The failure by an offender to fulfil the instructions issued in relation to the warning provided for by paragraph (1) of this article shall be subject to:

a) a fine in the amount of GEL 100 in the case of a natural person with income of up to GEL 100 000 during the previous calendar year, and not more than GEL 2 000 for the failure to fulfil each of the requirements determined by this Law;

b) a fine in the amount of GEL 200 in the case of a natural person with income of GEL 100 000 or more during the previous calendar year, and not more than GEL 4 000 for the failure to fulfil each of the requirements determined by this Law;

c) a fine in the amount of GEL 200 in the case of a person registered as a VAT payer (except for a natural person), whose aggregate amount of VAT-taxable transactions carried out during the previous continuous 12 calendar months does not exceed GEL 100 000, and not more than GEL 4 000 for the failure to fulfil each of the requirements determined by this Law;

d) a fine in the amount of GEL 600 in the case of a person registered as a VAT payer (except for a natural person), whose aggregate amount of VAT-taxable transactions carried out during the previous continuous 12 calendar months exceeds GEL 100 000, but does not exceed GEL 500 000, and not more than GEL 10 000 for the failure to fulfil each of the requirements determined by this Law;

e) a fine in the amount of GEL 1 000 in the case of a person registered as a VAT payer (except for a natural person), whose aggregate amount of VAT-taxable transactions carried out during the previous continuous 12 calendar months exceeds GEL 500 000, and not more than GEL 14 000 for the failure to fulfil each of the requirements determined by this Law;

f) a fine in the amount of GEL 100 in the case of any other employer or person who is not registered as a VAT payer (except for a natural person), and not more than GEL 2 000 for the failure to fulfil each of the requirements determined by this Law.

3. The commission of the same act within two calendar years after the imposition of an administrative penalty for the violation provided for by paragraph (1) of this article shall be subject to a fine which is double the amount of the penalty imposed for the failure to comply with the relevant instruction.

4. The failure of an employee to notify a supervision body about a relevant accident within 24 hours after the onset of a moderate, serious, or fatal accident or mass-casualty incident shall entail the imposition of the relevant administrative penalty provided for by paragraph (2) of this article.

Organic Law of Georgia No 7179 of 29 September 2020 - website, 5.10.2020

 

 

Chapter VIII - Transitional and Final Provisions

 

Article 24 - Transitional provisions

1. Until 1 September 2019 this Law shall apply to heavy, harmful and hazardous work involving an increased degree of danger.

2. Before 1 September 2019:

a) the term 'employer' under this Law shall mean a natural or a legal person, and/or an association of persons provided for by the Organic Law of Georgia called the Labour Code of Georgia, for whom certain work is being performed under a labour agreement;

b) the term 'employee' under this Law shall mean a natural person provided for by the Organic Law of Georgia called the Labour Code of Georgia performing certain work for an employer under a labour agreement.

3. Before 1 September 2019:

a) the requirements provided for by Article 3(2) of the Law of Georgia on Control of Entrepreneurial Activity shall not apply to control over compliance with occupational safety standards to be exercised by a supervision body, if the inspection is carried out:

a.a) through a random control, once a calendar month;

a.b) within a reasonable time frame for the purpose of repeated inspection;

a.c) during an accident/incident in the working space;

b) information about a list of employers under random control shall not be public;

c) the terms and procedures for random control shall be determined by the Government of Georgia.

 

Article 25 - Normative acts to be adopted/issued

1. The Government of Georgia:

a) before 1 September 2019 shall ensure:

a.a) the approval of procedures for the assessment of risks under Article 2(1) of this Law;

a.b) the adoption of an administrative act on the minimum health and safety requirements during work with equipment with monitors under Article 16(2)(b.b) of this Law;

a.c) the approval of the procedures and conditions provided for by Article 16(5) of this Law for entering the working space and for inspection;

a.d) the drafting of a legislative act regulating activities of a legal person under public law exercising supervision of labour legislation and conditions and its submission to the Parliament of Georgia;

b) before 1 September 2020 shall ensure:

b.a) the adoption of an administrative act on the minimum health and safety requirements during the use of personal protective equipment in the workplace under Article 16(2)(b.a) of this Law;

b.b) the adoption of an administrative act on the minimum health and safety requirements to be established for the purpose of the installation of markings related to the observance of health and/or safety requirements in the workplace as provided for by Article 16(2)(b.c) of this Law;

s) before 1 September 2021 shall ensure:

c.a) the adoption of an administrative act on the minimum health and safety requirements during the use of the work equipment in the workplace as provided for by Article 16(2)(b.a) of this Law;

c.b) the adoption of an administrative act on the minimum health and safety requirements on temporary or mobile construction sites under Article 16(2)(b.b) of this Law;

c.c) the adoption of an administrative act on the minimum health and safety requirements in relation to employees facing potential risks caused by a physical agent in the workplace as provided for by Article 16(2)(b.e) of this Law;

d) before 1 September 2022 shall ensure:

d.a) the adoption of an administrative act on the minimum health and safety requirements in relation to employees facing risks caused by the effect of asbestos in the workplace as provided for by Article 16(2)(b.d) of this Law;

d.b) the adoption of an administrative act on the minimum health and safety requirements in relation to employees facing potential risks caused by a physical agent in the workplace as provided for by Article 16(2)(b.e) of this Law;

d.c) the adoption of an administrative act on the minimum requirements to be established for the purpose of the improvement of health and safety conditions of employees who are subject to potential risks caused by an explosive environment in the workplace as provided for by Article 16(2)(b.h) of this Law;

d.d) the adoption of an administrative act on the minimum health and safety requirements in relation to the manual handling of loads as provided for by Article 16(2)(b.i) of this Law;

e) before 1 September 2023 shall ensure:

e.a) the adoption of an administrative act on the protection of employees from risks related to the effect of carcinogens, mutagens and biological agents in the workplace as provided for by Article 16(2)(b.d) of this Law;

e.b) the adoption of an administrative act on the minimum health and safety requirements in relation to employees facing potential risks caused by physical agents in the workplace as provided for by Article 16(2)(b.e) of this Law;

e.c) the adoption of an administrative act on the protection of employees from risks caused by the effect of chemical, physical and biological agents in the workplace, as well as risks related to chemical agents and chemical substances as provided for by Article 16(2)(b.g) of this Law;

e.d) the adoption of an administrative act on the minimum health and safety requirements in relation to persons who are employed in above-ground and underground mineral extraction industries, as well as in mineral extraction industries using a drilling method as provided for by Article 16(2)(b.f) of this Law.

2. The Minister shall ensure the issuance of administrative acts provided for by Article 5(6)(7) and (9), and Article 6(1) of this Law before 1 September 2019.

3. The subordinate legal acts adopted or issued on the basis of the Law of Georgia on Occupational Safety of 7 March 2018 shall remain in legal force.

 

Article 26 - Invalid normative acts

The Law of Georgia on Occupational Safety of 7 March 2018 shall be declared invalid (the Legislative Herald of Georgia, (www.matsne.gov.ge), 21.3.2018, registration code: 270000000.05.001.018780).

 

Article 27 - Entry into force of the Law

1. This Law, except for Article 2 (1), Article 3 (a) and (b), and Article 16 (5) and (6) thereof, shall enter into force upon its promulgation.

2. Article 2 (1), Article 3(a) and (b), and Article 16 (5) and (6) of this Law shall enter into force from 1 September 2019.

 

President of Georgia                                 Salome Zourabichvili

 

Tbilisi

19 February 2019

No 4283-II ს