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Workplace Safety Violations

Who is liable, the foreman or the director?

Both can be liable if their specific negligence contributed to the accident.

Penalty for death on site?

Under Art. 240(2), imprisonment from 2 to 5 years.

Can a subcontractor be blamed?

Yes, if the contract assigned safety responsibility to them.

What if the worker removed the helmet?

If the company provided gear and supervision, worker negligence reduces company liability.

Reading Time

2 min

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Workplace Safety Violations Defense (Article 240)

Violation of safety rules during mining, construction, or other works (Article 240 of the Criminal Code) is the most common criminal offense in the labor sector. Unlike general labor protection rules (Article 170), this article specifically targets high-risk facilities: construction sites, mines, power plants. Liability arises when a violation results in injury or death. Defendants are often not only safety managers but also site supervisors (foremen), architects, and company directors. Defense in these cases requires knowledge of engineering nuances to determine who was responsible for adhering to a specific safety norm (the general contractor or a subcontractor).

What Does This Service Cover?

Lawyers listed on Legal.ge offer specialized defense:

  • Engineering Expertise: Involving independent experts to determine the technical causes of the incident (e.g., scaffolding collapse).
  • Separating Contractor Liability: Construction often involves multiple companies. The lawyer clarifies who was responsible for safety in a specific zone.
  • Causation Analysis: Defending by proving the incident was caused by the victim''s negligence (e.g., failure to wear a harness) rather than a lack of safety protocols.
  • Court Defense: Protecting company personnel from criminal prosecution.

Common Scenarios and Real-World Situations

Article 240 applies in:

The first scenario is "Fall from Height." A worker falls from a building. Investigation checks for nets and harnesses. If provided but unused, employer liability decreases.

The second scenario is "Trench Collapse." Soil collapses during excavation. This is a technical violation (lack of shoring).

The third case is "Electrocution." Violation of safety norms during electrical work.

Georgian Legal Framework

Regulations:

  • Criminal Code: Article 240 (Violation of safety rules during mining, construction, or other works).
  • Technical Regulations: Specific rules like "Safety at Heights."

Service Process Step-by-Step

  1. Site Visit: Immediate inspection and documentation.
  2. Records: Checking safety logs.
  3. Expertise: Analyzing forensic reports.
  4. Court: Defense proceedings.

Why Use Legal.ge?

Construction accidents often lead to arrests. Our lawyers help manage the process correctly.

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Specialists for this service

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