Violation of Labor Protection Rules (Article 170) — Defense
Violation of labor protection rules, regulated by Article 170 of the Criminal Code of Georgia, is a serious crime targeting the safety and health of employees. Unlike the violation of safety norms during construction or mining works (Article 240), Article 170 is broader and covers any type of employment relationship where the employer or responsible person failed to ensure a safe environment. This can apply to factories, enterprises, offices, and service centers alike. Liability arises when the violation of labor protection rules results in injury to health or loss of life. Employers often fail to realize that ignoring technical regulations, lacking protective equipment, or failing to conduct safety briefings can become grounds for criminal prosecution. Defense in this category of cases requires deep knowledge not only of criminal law but also of technical standards of labor safety (similar to OSHA standards in other jurisdictions).
What Does This Service Cover?
Lawyers listed on Legal.ge offer comprehensive defense for cases involving labor safety violations:
- Review of Technical Expertise: Detailed analysis of the safety expert''s report to determine if there was a direct causal link between the rule violation and the consequence.
- Identifying the Responsible Person: Pinpointing the specific responsible individual within the corporate structure (safety manager, site supervisor) to avoid automatic liability for the director.
- Audit of Briefing Documentation: Checking logs, signed receipts, and internal regulations to prove that the company took all reasonable measures to inform the employee.
- Proving Victim Negligence: Building a defense strategy based on the fact that the accident was caused by the employee''s own gross violation of safety norms, not the employer''s fault.
- Compensation Negotiation: Reaching a civil settlement with the victim or their family, which often serves as grounds for mitigating criminal liability or dismissing the case.
Common Scenarios and Real-World Situations
Crimes under Article 170 often manifest in the following situations:
The first scenario is "Machinery Malfunction." A worker is injured while operating a machine without a protective screen. The investigation charges the shift supervisor for allowing the operation of faulty equipment. The defense must establish if this was known to management.
The second scenario is "Toxic Poisoning." Employees in a lab or chemical plant are poisoned due to a ventilation system failure. Liability falls on the technical director.
The third case is "Lack of Briefing." A new employee starts work without proper training and gets injured. This is direct employer fault, though defense can argue the danger was obvious and apparent.
The fourth scenario is "Non-use of PPE." The company provided a helmet and gloves, but the worker did not use them and got injured. In this case, employer liability may be excluded.
Georgian Legal Framework
Labor safety defense relies on:
- Criminal Code of Georgia: Article 170 (Violation of Labor Protection Rules). Penalties range from fines to imprisonment up to 2 years, or 2-5 years in case of death.
- Organic Law of Georgia on Labor Safety: Establishes employer obligations and safety standards.
- Technical Regulations: Safety rules established for specific sectors (electricity, chemicals, etc.).
Service Process Step-by-Step
- Site Inspection: The lawyer and an independent expert immediately inspect the accident scene before conditions change.
- Document Collection: Seizing employment contracts, briefing logs, and risk assessment documents.
- Labor Inspection Report: Legal analysis of the state inspector''s findings and appealing if necessary.
- Investigative Actions: Participating in the interrogation of witnesses (colleagues).
- Court Process: Defending the accused''s interests and minimizing the penalty.
Why Use Legal.ge?
Cases of labor protection rule violations require a synthesis of technical and legal knowledge. On Legal.ge, you will find lawyers experienced in dealing with the Labor Inspection and investigative bodies. Our specialists will help you correctly manage the crisis situation and protect company leadership from criminal liability. Find a qualified defender on Legal.ge.
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