The investigation of workplace accidents in Georgia falls within the competence of the Labour Inspection Service, and this authority is defined by Articles 75, 76 and 77 of the Labour Code, while the object of the investigation — the duties whose breach is investigated — is defined by Article 45. Federal accident-investigation agency models known from foreign law do not operate in the Georgian system: the investigating authority for a workplace accident in Georgia is the Labour Inspectorate. This page describes the full trajectory of the investigation — from the mandate to the imposition of a fine — and explains how an employer should prepare for it.
The Inspectorate's mandate and powers
Under Article 75 of the Code, the Labour Inspection Service — subordinate to the state control of the Ministry of Internally Displaced Persons from the Occupied Territories, Labour, Health and Social Affairs — is authorised to secure the effective application of labour norms: the Constitution, international treaties, the Labour Code, the Organic Law on Labour Safety, the Law on Labour Migration and other normative acts, employment contracts and collective agreements. Article 76 extends this mandate with an administrative element: the Labour Inspectorate has the right to hear administrative-offence cases connected with violations of labour norms and to impose the penalties provided for by Articles 77 to 80 of the Code. The post-accident investigation and the administrative case are thus concentrated in the hands of a single authority.
What the investigation examines
The subject of the investigation is the performance of the duties imposed by Article 45. The employer is obliged to ensure a working environment that is maximally safe and healthy for the employee's life and health; to supply complete, objective and comprehensible information on every factor affecting life and health; to introduce a preventive labour-safety system, to provide information on risks and preventive measures and, where necessary, to equip the employee with personal protective equipment; and to take all reasonable measures for the localisation of an accident's consequences, first aid and evacuation. The investigation establishes performance against precisely this list, and upon discovering a breach activates the sanction of Article 77.
The fine matrix
Article 77 of the Code provides for a warning or a fine for each violation, according to the employer's category. For an individual employer with income of up to 100 000 lari in the previous calendar year the fine is at least 200 lari but not more than 400 lari; for an individual with income of 100 000 lari or more — at least 300 and not more than 800 lari. For a VAT-registered employer whose total VAT-taxable operations over the preceding continuous 12 calendar months do not exceed 100 000 lari, the fine is at least 300 and not more than 800 lari; where they exceed 100 000 lari but not 500 000 lari — at least 400 and not more than 900 lari; where they exceed 500 000 lari — at least 600 and not more than 1 000 lari. For any other employer the fine is at least 200 and not more than 400 lari.
The aggravating rules are equally clear. A violation committed against a minor, a pregnant woman or a person with disabilities entails a fine in the double amount of the corresponding fine. And repetition of the same act within 1 calendar year of the imposition of the administrative penalty for the violation entails a fine in the double amount. Each violation established by the investigation is assessed separately — which means that breaches of several duties grow into several fines.
How to prepare for the investigation
Preparation begins with documentation: employment contracts, records confirming the provision of information, internal documents of the preventive system and the register of issued personal protective equipment — this is the material the investigator requests first. The chronology of the incident is then reconstructed: what happened, when the employee notified, what measures the employer took for localisation, first aid and evacuation. Finally, the prospect of falling within the fine matrix is assessed — the category of the employer, the fact of commission against a protected person and the risk of repetition. Such an audit is performed before the investigation, not after it.
Frequently asked questions
Below are the questions most frequently raised about workplace accident investigations.
Who investigates a workplace accident?
The Labour Inspection Service — it is authorised to record the violation, hear the administrative case and impose the fine.
Whose breach of duties is assessed?
Of the duties imposed by Article 45 — the safe environment, information, the preventive system, protective equipment and response measures.
How high is the fine?
By category: from 200 to 800 lari for individual employers and from 300 to 1 000 lari for VAT payers; a violation against protected persons is doubled.
Does the fine increase on repetition?
Yes — repetition of the same act within 1 calendar year entails a fine in the double amount.
How We Help on Legal.ge
The specialists of Legal.ge assist after a workplace accident and in dealings with the Inspectorate: we reconstruct the chronology of performance of the duties of Article 45, assess the risk of falling within the fine matrix of Article 77 and defend your interests in administrative proceedings. Submit a request on this page and receive an assessment of your case.