“Labor Inspection Service” – is a legal entity under public law, which is subordinate to the Ministry of Health and monitors the implementation of labor conditions and the labor safety system in the sectors of economic activity.
It is the duty of the Labor Inspection Service to conduct two types of inspections in companies during a calendar year: scheduled and unscheduled.
A planned inspection is when an inspection is carried out at the facility according to the plan of the calendar year, which is not preceded by any incident, hazard or accident. The purpose of the inspection is to check the systemic and immediate factors in the company. The inspection of the Labor Inspection Service helps to reveal the shortcomings of the existing system in the company.
During the unscheduled inspection, the basis for the inspection may be an accident that occurred at the facility, a dangerous incident, or a complaint from an interested person. The complaint can be a photo/video material of any passer-by or directly employed, although there is one main rule – the identity of the interested person must be established. According to the Law of Georgia on Labor Inspection, the inspector is obliged not to disclose the identity of the author of the complaint.
After entering the inspection, the company has the right to ask whether this visit is planned or not.
During an unscheduled inspection, the inspector has no right to name what has become the basis of this inspection.
Within the framework of scheduled inspections, the employer, by order of the Minister, has the right to request a document certifying scheduled inspections, a corresponding order, which is issued and approved by the chief inspector.
The Labor Inspection Service carries out full or partial inspections in both cases. It depends on the activity.
During scheduled and unscheduled inspections, the purpose of the inspection may be to check working conditions or labor rights.
During the labor safety inspection, the inspection checks the workplace, identifies hazards and risks, and monitors documentation. On the basis of the inspection, a legal act or specific instructions are drawn up.
During the inspection on labor rights, the inspection checks the labor contracts, the practice and conditions of the vacancy announcement, the existence of overtime work and the method of its payment, etc.
The inspector has the right to carry out an inspection at any time of the day and night, which the facility cannot refuse. However, the inspector has no right to start the inspection without the employer or his direct representative.
How to find out if the inspector is really from the labor inspection?
When entering the visit directly, the employer can ask the inspector for a document confirming the official duty. It is necessary that the labor inspection service arrives at the object with appropriate equipment and a vehicle.
If you still doubt whether they are really from the labor inspection or not, call your own labor safety specialist and after the interview you will get an accurate answer.
Upon entering the facility, the inspector starts taking photos/videos to identify risks and hazards. Before he starts shooting with the camera, he must warn you about this. Note that filming does not end until the inspector leaves the space.
- During the inspection, the inspector is entitled to talk to any person, be it the employer or the employee individually.
- If it is not possible to conduct a complete survey in the workplace, the inspection service has the right to summon the subject separately for the survey.
- As part of the inspection, the inspector has the right to request the transfer of any document. Among them – confidential information, such as: the internal structural arrangement of the company, internal rules, working conditions, contracts with other companies, etc.
- Also, has the right to seal any item, material or substance related to labor safety.
If the inspector has/has crossed paths with an existing company, does not work for it or receives financial benefits from it, he is not allowed to inspect the facility before informing his superior. Sanctions imposed by the Labor Inspectorate:
Labor inspection uses three types of sanctions:
- Stop the work process
Inconsistency that does not endanger the employee and other persons at a particular moment is not essential.
A substantial non-conformity that does not cause harm at a particular point in time but, if not corrected, will cause harm in the future is material. A substantial non-conformity can be corrected without stopping the work space.
It is critical when said non-compliance could lead to an accident.
At the first stage of the inspection, both a fine and a warning may be issued. What type of sanction is issued depends on the non-compliance.
With the help of HSE Group, more than 80 companies have successfully passed the initial and repeated inspections carried out by the Labor Inspection Service, and the team has more than 20 investigated accidents.
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