ON OCCUPATIONAL SAFETY

LAW OF GEORGIA

ON OCCUPATIONAL SAFETY

 

Chapter I - General Provisions

 

Article 1 - Purpose and scope of regulation of the Law

1. The purpose of this Law is to define those basic requirements and general principles of preventive measures that are 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 area and that are related to the creation of a safe and healthy work environment.

 

Article 2 - Scope of the Law

1. This Law shall apply to heavy, harmful and hazardous work involving an increased level of danger. For the purposes of this Law, a list of heavy, harmful and hazardous work involving an increased level of danger shall be determined by the Government of Georgia in coordination with their social partners.

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, the Georgian Intelligence Service, the special-purpose state institution called the Emergency Management Service directly subordinated to the Prime Minister of Georgia, the State Security Service of Georgia, and the agencies under their subordination, provided that the matters determined by this Law are regulated by special legislation applicable within the systems of the Ministry of Internal Affairs of Georgia, the Ministry of Defence of Georgia, the Special State Protection Service, the Georgian Intelligence Service, the special-purpose state institution called the Emergency Management Service directly subordinated to the Prime Minister of Georgia, 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 provided for by the Organic Law of Georgia the Labour Code of Georgia, for whom certain work is being performed under a labour agreement;

b) employee - a natural person provided for by the Organic Law of Georgia the Labour Code of Georgia performing certain work for an employer under a labour agreement;

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 practice, and others;

d) working area - a combination of all workplaces and those territories 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 negative aspects of work, which creates healthy and safe conditions for activities and involves legal, social and economic, organisational and technical, sanitary and hygienic, medical and 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 area, 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 - peculiarities of an occupational environment and a 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, cause their illness, or other problems to their health;

k) risk - a degree of probability of causing 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 a work process, taking into account the gravity of the relevant outcome;

l) heavy work - a work process which mainly affects musculoskeletal and functional systems (cardiovascular, respiratory, etc.) of the human body that ensure activity, and which reflects 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 in the frequency of somatic and infectious diseases, and damage to the health of generation;

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

o) an increased level of danger - hazard that cannot be replaced by other means involving minor 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 rectify 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 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 causing direct and immediate damage to the health of an employee or other person due to the factors of an occupational environment and 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 the work process in the working area, and the determination of preventive measures;

v) hazardous factors – the physical, chemical, biological or physiological factors of an occupational environment and 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;

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

x) dangerous occurrence - an identifiable condition (a technical incident, falling, explosion, fire, leakage of harmful substances, etc.) that has not been caused by an employee or other person, which may cause material damage and/or other undesirable outcome, and not pose a direct threat to an employee or other person;

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 a work process, which causes the deterioration in 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 a work process, and are intended to reduce or prevent hazardous factors;

z²) supervisory body - a service within the Ministry of Internally Displaced Persons from the Occupied Territories, Labour, Health and Social Affairs of Georgia (‘the Ministry’), which carries out the inspection of the observance of occupational safety standards.

Law of Georgia No 3090 of 5 July 2018 – website 11.7.2018

 

Chapter II - General Obligations of an Employer

 

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

1. Any person performing heavy, harmful and hazardous work involving an increased level of danger 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 reflect 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 level of danger without being registered therefore with the Registry of Economic Activities.

3. The procedures and the conditions for the registration of activities provided for in 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 area, 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 area is not endangered when hazard occurs;

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 area;

d) record accidents, cases of occupational diseases and dangerous occurrences in the working area, 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 area in accordance with Article 15 of this Law;

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

f.a) examine the safety of relevant technical equipment:

f.b) ensure the maintenance and cleaning of personal protective equipment and other protective equipment, 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), improper lighting, air ions);

g.b) chemical factors (including some substances of a biological nature, derived by chemical synthesis (antibiotics, vitamins, hormones, enzymes, protein preparations) and/or substances for whose control methods of chemical analysis are used).

2. 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 the principles of safe labour for ensuring 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.

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 work;

b) when transferring employees to another workplace or 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 the plan defined by him/her, or where necessary.

4. 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) occupational risks and harmful factors of production that are related to a work place, 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 an increased level of 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 an enterprise, 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, nor pregnant and nursing women to perform heavy, harmful and hazardous work involving danger. A list of heavy, harmful and hazardous work involving an increased level of danger shall be determined by the legislation of Georgia.

7. 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.

8. An employer is obliged to provide an employee, at his/her own expense, with insurance coverage of accidents in the process of work.

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

10. 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.

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

12. 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 controlled 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.

 

Article 6 - Prevention

1. In order to minimise or eliminate the risk of damage to health during all stages of work, an employer shall determine the risk and take relevant measures on the basis of the following general principles, in order to:

a) ensure the prevention of existing risks;

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

c) ensure the reduction and elimination of hazardous factors;

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 area, which shall be taken during the carrying out of all types of activities and during each stage of enterprise management, and 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 instructions to employees.

2. To ensure safe and healthy working conditions and prevent accidents or occupational diseases at the workplace, depending on the specificity of the enterprise, an employer is obliged to:

a) define the obligations and responsibilities of appropriate employees and other persons present in the working area in the field of labour 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 area who have taken appropriate special trainings and instructions;

c) identify and register hazardous workplaces;

d) ensure the continuous and proper functioning of the 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 area 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 the 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 appoint one or more employees as an occupational safety specialist, 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.

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 no 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 the delay of 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 state that is worse than that of other employees, in terms of the observance of occupational safety standards.

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 mentioned field.

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 appropriate accredited programme. 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 of Internally Displaced Persons from the Occupied Territories, Labour, Health and Social Affairs of Georgia.

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 lead an independent medical practice in one of the following fields: ‘internal medicine’, ‘family medicine’, ‘public health care’, and ‘occupational pathology’.

Law of Georgia No 3090 of 5 July 2018 – website 11.7.2018

 

Article 8 - First aid, fire safety, evacuation, an increased level 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 through an appointed/engaged occupational safety specialist, or a special service, all employees and other persons present in the working area, who are facing or may face an increased level of danger, with regard to preventive, evacuation, and safety measures.

3. Where an increased level 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 area to transfer from work areas 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 an increased level of danger exists.

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

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

7. An employer shall not place an employee in an unfavourable condition because he/she took measures as provided for by paragraph (6) of this article, except for the cases 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. 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 in the case of his/her consent.

3. 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.

4. 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 area 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 the facts affecting occupational safety in the working area, 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 levels 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 of the observance of occupational safety standards in an enterprise of an employer by the body;

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.

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

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

7. 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.

8. 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. Expenses related to the expert's services shall be borne by the party engaging the expert. Expenses related to the expert's services may be shared by agreement between the parties;

b) receive information on hazardous factors, the results of risk assessment, 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) 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, as well as leave a workplace or a hazardous zone in the case of hazard;

d) on the basis of a medical report, require from an employer to transfer him/her to another permanent or temporary workplace, or to ease his/her working conditions, or to transfer him/her 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 area;

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

2. It shall not be permitted to dismiss an employee or aggravate his/her condition 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 case 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 works involving an increased level of danger, which is defined by special rules, and perform the work only in the case 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, 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 endanger occupational safety in the working area, or cause an accident or a dangerous incident, and participate in the eradication of the defect within his/her capacity;

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

j) undergo preventive medical examinations in relation to work which requires the conduct of 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 area;

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 Area

 

Article 12 - Rights of other persons present in the working area

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

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

b) 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, and leave a workplace or a hazardous zone in the case of hazard;

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

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 area

Other persons present in the working area are obliged to:

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 the orders of an employer, an occupational safety specialist, an occupational physician, and a supervisory body regarding matters related to compliance with occupational safety standards within the occupational and non-occupational environment;

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

d) not arrive at a workplace 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) undergo an examination upon the request of an employer, when there is reasonable suspicion, in order to establish whether he/she is in the state of intoxication by alcohol, narcotics, toxic, or any psychotropic substances;

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

 

Chapter V - Accidents and Occupational Diseases in a Working Area

 

Article 14 - Accidents in a working area

An accident in a working area 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 a 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 with regard to accidents and cases of occupational diseases in the working area 

1. An employee is obliged to immediately notify an employer about an accident that has occurred to another person in the working area, 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, hazardous accident and 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 accident within the working area, and keep it unchanged until the arrival of the 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 area 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 workplace in order to facilitate the enquiry into the reasons which caused such situation;

c) inform immediately the following authorities about the accident in the working area:

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

c.b) law enforcement authorities - in the case provided for by Article 14 of this Law, and in the case where the facts related to the accident show signs of a crime;

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

d) record accidents and cases of occupational diseases in the working area, which involves the determination of the cause of the accident and the 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 area of another employer, the 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, fatal and mass-casualty incidents that shall contain the data necessary to describe the relevant accident, if the outcomes of the accident in the working area are revealed later, and shall take appropriate measures to avoid such accidents.

5. Detailed procedures for collecting and keeping evidence, as well as procedures and forms of recording accidents and occupational diseases, for conducting an enquiry, and procedures and terms for reporting, shall be determined by an administrative act of the Minister of Internally Displaced Persons from the Occupied Territories, Labour, Health and Social Affairs of Georgia.

Law of Georgia No 3090 of 5 July 2018 – website 11.7.2018

 

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

 

Article 16 - State policy 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 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;

b) issue orders of the Minister of Internally Displaced Persons from the Occupied Territories, Labour, Health and Social Affairs of Georgia on matters related to occupational safety;

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

d) cooperate with institutes 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 a supervisory body;

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) 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. The requirements of Article 3(2) of the Law of Georgia on Control of Entrepreneurial Activity shall not apply to the inspection of compliance with the occupational safety standards by a supervisory body, if the inspection is carried out:

a) on the basis of a random control once per calendar year;

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

c) for the purpose of conducting an enquiry of an accident in the working area.

6. Information on a list of employers under random control shall not be public.

7. Terms and procedures for random control shall be determined by the Government of Georgia.

8. Procedures for publishing the results of random control shall be determined in accordance with the General Administrative Code of Georgia.

Law of Georgia No 3090 of 5 July 2018 – website 11.7.2018

 

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 be also regulated by the Administrative Offences Code of Georgia, unless otherwise provided for by the legislation of Georgia.

2. A decision made by a supervisory body on a case involving an administrative offence under this Chapter, shall be appealed to a court.

3. The form of an administrative offence report and the procedure for its completion and submission shall be determined by an administrative act of the Minister of Internally Displaced Persons from the Occupied Territories, Labour, Health and Social Affairs of Georgia.

Law of Georgia No 3090 of 5 July 2018 – website 11.7.2018

 

Article 18 - Administrative penalties for the violation of this Law

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

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 established by a supervisory body may be agreed with an offender and shall be recorded in the relevant report, which shall be signed by both 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 for the rectification of the violation, 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.

9. The imposition of an administrative penalty shall not release a person from the obligation to fulfil the requirements provided for 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 a 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 a 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 area, 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, who performs 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 area 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-paragraph (a) 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/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 works involving an increased level of danger without the registration of such activities

1. Carrying out activities related to heavy, harmful and hazardous works involving an increased level 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 fulfil the instruction issued in relation to 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 the fine 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 works involving an increased level 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. Interference with activities of a supervisory body shall result in a warning.

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

3. The commission of the act provided for by paragraph (1) of this article three times or more shall be subject to a fine in the amount of GEL 2 000.

 

Article 21 - Violation of occupational safety standards determined by a technical regulation(s) approved by the Government of Georgia

1. Violation of occupational safety standards determined by a technical regulation(s) approved by the Government of Georgia, in the case of an absence of critical non-compliance 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 during 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 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) the case of material 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 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 regard to the observance of occupational safety standards determined by a technical regulation(s) approved by the Government of Georgia shall result in the suspension of the work process.

4. The detection 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 a person who is not registered as a VAT payer (except for a natural person).

5. The repeated 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 administrative penalty imposed for the failure to comply with the relevant instruction.

 

Article 22 - Violation of the requirements provided for by this Law

1. Violation of the requirements provided for by this Law shall result in a warning.

2. The failure by an offender to comply with the instruction issued on the basis of 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 a 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 administrative penalty imposed for the failure to comply with the relevant instruction.

 

Chapter VIII - Transitional provisions

 

Article 23 - Measures to be taken with regard to the entry of the Law into force

1. The Government of Georgia shall, within three months after the entry into force of this Law, ensure the adoption of the legal acts provided for by Article 2(1) and Article 16(7) of this Law.

2. The Ministry of Internally Displaced Persons from the Occupied Territories, Labour, Health and Social Affairs of Georgia shall, within three months after the entry into force of this Law, ensure the issuance of the administrative acts provided for by Article 7(6), Article 15(5) and Article 17(3) of this Law.

3. Each entity carrying out heavy, harmful and hazardous works involving an increased level of danger as determined by an ordinance of the Government of Georgia, is obliged to register relevant activities with the Registry of Economic Activities under the procedures established by the legislation of Georgia before 15 December 2018.

Law of Georgia No 3090 of 5 July 2018 – website 11.7.2018

Law of Georgia No 3824 of 30 November 2018 – website 12.12.2018

 

Chapter IX - Final Provisions

 

Article 24 - Entry into force of the Law

1. This Law, except for Article 5(8), Article 7, Article 17(1) and (2), and Articles from 18 to 22, shall enter into force upon its promulgation.

2. Article 17(1) and (2) and Articles from 18 to 22 of this Law shall enter into force from 1 August 2018. 

3. Article 5(8) and Article 7 of this Law shall enter into force from 1 January 2019.

 

 

President of Georgia                                                                                                                             Giorgi Margvelashvili

Kutaisi

7 March 2018

No 2048-IIს