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Summary/citation: The Labour Code of December 17, 2010 is the main occupational safety and health law of Georgia. The Labour Code establishes the rights, duties and responsibilities of the parties in labour relations, as well as conditions for ensuring the safety and health of workers. Article 35 of the Labour Code contains provisions on the right to a safe and healthy working environment.
Legal provisions on protection of workers from specific occupational risks or hazards are contained in various separate legislative enactments such as: the "Act on HIV Infection / AIDS” and the "Act on Tobacco Control”.
The Criminal Code of Georgia provides for penalties for violations of the laws and regulations concerning occupational safety and health.
• Occupational safety and health country profile: Georgia
• Labour Code of Georgia (Law No. 4113 of 17 December 2010).
• Law No. 4059 of 15 December 2010 on Tobacco Control.
• Law No. 2042-IIs of 17 November 2009 on HIV/AIDS.
• Criminal Code of Georgia of 22 July 1999.
Summary/citation: Worker is an individual who, on the basis of a labour agreement, performs a certain work for an employer.
• Labour Code of Georgia (Law No. 4113 of 17 December 2010). (Art. 3, Para. 3)
Remarks / comments: Migrant workers are not explicitly excluded from the definition of workers.
Remarks / comments: Domestic workers are not explicitly excluded from the definition of workers.
Remarks / comments: Home workers are not explicitly excluded from the definition of workers.
Summary/citation:
Summary/citation: The employer is a natural or legal person, or an association of persons for the benefit of whom a particular job is performed on the basis of an employment agreement.
• Labour Code of Georgia (Law No. 4113 of 17 December 2010). (Art. 3, Para. 2)
Summary/citation: The OSH legislation does not exempt any sectors/branches of economic activity.
Summary/citation: The employer has the duty to provide the worker with a working environment with the maximum level of safety and health.
• Labour Code of Georgia (Law No. 4113 of 17 December 2010). (Art. 35, Para. 1)
Summary / Citation: Employers have the duty to ensure the performance of medical health surveillance of workers.
• Labour Code of Georgia (Law No. 4113 of 17 December 2010). (Art. 35, Para. 8)
Summary / Citation: The list of hard, harmful and unsafe works, occupational safety rules, including the cases and the order of compulsory periodic medical examinations at the expense of the employer, are to be defined by the legislation of Georgia.
Summary / Citation: The employer must provide the worker with personal protective equipment in case of need.
• Labour Code of Georgia (Law No. 4113 of 17 December 2010). (Art. 35, Para. 4)
Summary / Citation: The employer shall take all reasonable measures to contain and eliminate the consequences of an occupational accident, providing first aid and evacuation.
• Labour Code of Georgia (Law No. 4113 of 17 December 2010). (Art. 4, Para. 5)
Summary/citation: The employer has the duty to introduce a preventive system in order to ensure occupational safety and health and to provide workers, in due time, with adequate information on the risks associated with work safety, preventive measures against the risks, and rules regarding work with unsafe equipment.
Summary / Citation: The worker has the right to refuse to perform work, tasks or instructions which are contrary to law. The worker may refuse to perform work as well when the non-compliance with requirements of occupational safety and health create a clear and substantial danger to his/her life, health or property, or that of another person, or to the safety of the environment.
• Labour Code of Georgia (Law No. 4113 of 17 December 2010). (Art. 35, Para. 3)
Summary / Citation: It is forbidden to conclude an employment agreement with minors, as well as with pregnant or lactating women for the performance of works occurring in hard, harmful or dangerous conditions. The employer is obliged to ensure protection of the pregnant woman from such work which may create a danger to the wellbeing, physical and mental health of the woman or the foetus.
• Labour Code of Georgia (Law No. 4113 of 17 December 2010). (Art. 4, Para. 5 and Art. 35, Para. 7)
Summary / Citation: It is forbidden to conclude an employment agreement with minors, as well as with pregnant or lactating women for the performance of works occurring in hard, harmful or dangerous conditions.
Summary / Citation: The conclusion of a labour agreement with minors for the performance of works linked with gambling, night entertainment, erotic and pornographic production, pharmaceutical and toxic substances, and their transportation and sale, is prohibited. It is prohibited to conclude a labour agreement with minors for the performance of intensive and harmful works and works with dangerous conditions.
• Labour Code of Georgia (Law No. 4113 of 17 December 2010). (Art. 4, Para. 4 and 5)
Summary / Citation: • Minimum financial penalty for corporations is 100,000 laris (60,323 US dollars);• Maximum financial penalty for corporations is not specified;Breach of safety standards or other rules of occupational safety and health by the person responsible for compliance with those rules, which caused less serious or serious health injury, shall be punishable with a fine, or correctional labour, or imprisonment.The minimum fine for a legal entity is fifty times the size of the fine provided for in this Code for a natural person.
• Criminal Code of Georgia of 22 July 1999. (Articles 42, 107(6) and 170)
Summary / Citation: • Minimum financial penalty for individuals is 2,000 laris (1,206 US dollars);• Maximum financial penalty for individuals is not specified;Breach of safety standards or other rules of occupational safety and health by the person responsible for compliance with those rules, which caused less serious or serious health injury, shall be punishable with a fine, or correctional labour, or imprisonment.
• Criminal Code of Georgia of 22 July 1999. (Articles 42 and 170)
Summary / Citation: There is a possibility of prosecution for the crime of manslaughter (causing death by negligence) under the criminal law.
• Criminal Code of Georgia of 22 July 1999. (Art. 116)
Summary / Citation: • Minimum term of imprisonment is 6 months. This is the shortest generally established term of imprisonment;• Maximum term of imprisonment is 7 years;Breach of safety standards or other rules of occupational safety and health by the person responsible for compliance with those rules, which caused less serious or serious health injury, shall be punishable with a fine, or correctional labour, or with imprisonment for a term up to two years. Breach of safety standards or other rules of occupational safety and health by the person responsible for compliance with those rules, which caused the death of two or more persons, shall be punishable with imprisonment for a term from four to seven years with deprivation of the right to occupy a position or pursue a particular activity for up to three years.
• Criminal Code of Georgia of 22 July 1999. (Articles 50 and 170)
