What the Law on Labor Safety means and who is affected

Question.
We are a tourism firm. We have a total of 16 employees, including guides and drivers. We do not produce anything, we do not carry out activities related to any hazards. Does the requirement of the Law for setting up a security service apply to us?

Answer.
Labor safety issues in Georgia are regulated by the Organic Law on Labor Safety. The law regulates the rights, obligations and responsibilities of government bodies, employers, employees, representatives of employees, and other persons in the workplace related to the creation of a safe and healthy work environment.

From September 1, 2019, the law applies to all areas of economic activity in the field of labor security, including labor relations regulated by the Organic Law of Georgia Labor Code of Georgia and the Law of Georgia on Public Service.

For the purposes of fulfillment of objectives in the field of labor security, the law obliges the employer to:

  • Have one or more labor security specialists or set up a labor security service for this purpose. In agreement with the employees, the labor security specialist and employee representative may be the same person.
  • An employer having 20 or less employees may personally perform the duties of a labor security specialist provided that he or she has completed the accredited program referred to in paragraph 6 of this article. If an employer has 20 to 100 employees, he/she shall have at least one labor security specialist, and if the employer has 100 or more employees, the employer shall create a labor security service with at least two labor security specialists.
  • If the employer does not have an adequate number of labor security specialists, considering the size, number of employees, working conditions, degree of threat, nature and structure of the enterprise and considering the relevant risks, the employer is obliged to invite specialists / organizations in the mentioned field.
  • The person responsible for labor safety must have relevant professional experience and qualifications (skills and technical abilities as evidenced by a certificate of completion of a program in an accredited organization).
  • The Labor Safety Specialist must have completed the Labor Safety Specialist Program in the relevant accredited organization.

Based on the above, the economic entity (company, enterprise, organization, institution) in spite of its size, field of activity and organizational-legal form, must have a unit in its organizational structure which is composed of accredited specialists, responsible for creating safe labor conditions for the enterprise staff and third parties, as well in workplaces and work areas and for compliance with the applicable legislation in the labor safety field.

The question may arise as to whether the requirements of the Labor Safety Law are compulsory for an enterprise that has only several employees and owns several computers. The answer is clear – it is mandatory. (Safety instructions are available for school teachers and for schools in general. Including instructions for ensuring safety during excursions. Good thing if our schools follow them too).

We consider it reasonable that the essential safety requirements for the staff and disciplinary measures for breach of such requirements be incorporated into the internal regulations of the enterprise and posted in a conspicuous place.

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