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Public Defender’s Statement on Deaths and Injuries in Workplace

Three people have been killed and two injured in the workplace this week, indicating an alarming situation of safety in the workplace. The abovementioned was not accidental and indicates a systemic problem. 169 people were killed and 350 injured in the workplace in 2013-2016. 18 were killed and 34 injured only in the first half of 2017.

According to the reports released on December 28, an expert, who was inspecting devices at the construction site in Batumi, fell from the height; he was hospitalized due to the injuries in the head and is in critical condition. On December 27, two workers were killed at the construction site in Kutaisi. A few days ago, on December 21, the media reported that a worker was killed and another one was injured when dismantling a ride in the Mtatsminda Park in Tbilisi. The Public Defender expresses her sorrow over the incidents, offers sympathy to the families of the deceased and wishes quick recovery to the injured.

According to the Ministry of Internal Affairs, investigations were launched into all the three abovementioned cases under Article 240 of the Criminal Code of Georgia, which pertains to violation of safety rules during mining, construction or other works. It is important investigation to be launched in a timely, thorough and effective manner. The available data indicates that the timely investigation of similar cases, as well as achievement of real results, is problematic. In addition, it should be noted that it should be a priority of the state to prevent injuries and deaths of employees and ensure their safety in the workplace. In order to achieve these goals, an effective labour inspection mechanism, which will be authorized to inspect employers and impose sanctions without any hindrance, must be established in time.

After the death of four workers in the Tkibuli mine on May 9, the Government expressed readiness to implement legislative amendments and provide an effective mechanism for ensuring labour safety. On June 1, seven months ago a draft law was initiated in the Parliament, though it has been adopted only in the first reading, which shows that labour safety has not yet become a priority on the Government’s agenda.

The Public Defender is involved in the work on the draft law on labour safety, which was intensive initially, though was delayed later and the problem of coordination arose between the Ministry of Labour, Health and Social Affairs and the Ministry of Economy and Sustainable Development. The Public Defender has principled comments regarding the draft law and expresses hope that they will be taken into consideration by the Parliament. In addition, it is important the consideration not to be delayed groundlessly and the adopted law to take effect in time. According to the initiated bill, the law is planned to take effect only after a year from the adoption, which is an unacceptable term and should be significantly reduced in order to ensure labour safety in a timely manner.

The Public Defender calls on the Parliament of Georgia to advantageously consider the draft law, taking into account the severity of the problem, and take effective measures to protect the life and health of the employees. In addition, it is important the Government of Georgia to facilitate the mentioned process, including the timely coordination between the agencies and acknowledgement of the importance of the issue.

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