Defense against safety violations is a critical legal service that helps companies and employers protect themselves from sanctions, fines, and suspension of activities imposed by the Labor Inspection. The Organic Law of Georgia on "Labor Safety" imposes strict obligations on employers, and failure to comply can lead to severe financial and reputational damage. This service covers full legal support — from representation during the inspection process to appealing fines in court. The involvement of a qualified lawyer ensures that your rights are protected at every stage of administrative proceedings.
Labor Inspection checks are often unexpected, and protocols drawn up by inspectors may contain factual or legal inaccuracies. For example, an inspector might incorrectly assess the risk level or hold the employer liable for a gross violation of safety rules by an employee. Within this service, specialists from Legal.ge thoroughly study case materials, analyze the violation protocol, and develop an effective defense strategy. The goal is to cancel or minimize imposed sanctions, as well as protect the company's interests from criminal liability in case of an accident.
What does the Safety Violation Defense service cover?
- Representation During Inspection: Presence of a lawyer on-site during the Labor Inspection check to ensure adherence to procedural norms and the legality of inspectors' actions.
- Appealing Administrative Offense Protocols: Preparing and submitting a substantiated complaint to the court to annul fines or orders issued by the Labor Inspection.
- Evidence Gathering: Conducting alternative expertise, interviewing witnesses, and auditing documentation to prove that the company took all reasonable measures to ensure safety.
- Accident Investigation Defense: Protecting the employer's interests during the investigation of a workplace injury or fatality to correctly determine liability.
- Lifting Suspension of Activities: Rapid legal response if the inspection has suspended work processes, aiming to restore company operations as quickly as possible.
- Preventive Audit and Consultation: Reviewing the company's existing safety policy and providing recommendations to prevent future violations.
Common scenarios requiring this service
A typical scenario involves an inspector on a construction site recording a violation of helmet rules and fining the company a substantial amount, even though the company has proof that the worker was trained and issued a helmet. In this case, the lawyer proves that the employer fulfilled its obligation. Another scenario is the shutdown of a production line due to "critical non-compliance," causing the company to lose thousands of GEL daily. Here, an urgent motion to the court to lift the suspension is needed. A third case involves an accident where the investigation tries to pin all blame on the director; qualified defense is essential to avoid criminal prosecution.
Georgian Legal Framework
The field is regulated by the Organic Law of Georgia on "Labor Safety", which establishes safety standards and sanctions. Administrative proceedings and appeals are conducted according to the Code of Administrative Offenses of Georgia and the General Administrative Code of Georgia. Government technical regulations (e.g., on working at heights) are also significant. Court practice shows that with correct legal argumentation, it is possible to significantly reduce or annul fines.
Step-by-step service process
The process begins with an immediate consultation upon discovery of a violation or receipt of a fine. The lawyer reviews the protocol and attached materials (photos/videos). Then, a complaint is prepared and filed in court within 10 days (deadlines are critical). At the court hearing, the lawyer presents evidence and requests the annulment of the protocol. Concurrently, work is done with the Inspection to confirm the rectification of deficiencies.
Why choose a specialist on Legal.ge?
Labor safety disputes require specific technical and legal knowledge. On Legal.ge, you will find lawyers with successful experience litigating against the Labor Inspection. They will help you protect your business from unforeseen financial losses and maintain your reputation.
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