A/HRC/44/43/Add.1
conduct inspections. It was therefore a welcomed development that in February 2019, a
new Organic Law on Occupational Safety gave the Labour Conditions Inspection
Department the authority to inspect all sectors, both public and private, without a court
order or prior notice. The amendments entered into force on 1 September 2019. In addition,
the new regime provided for mandatory inspections of all labour rights (along with
occupation safety and health regulations), but only in situations of “increased risk”, and in
“heavy, hazardous and harmful sectors”. During the meetings with representatives of the
Labour Conditions Inspection Department and the Labour and Employment Policy
Department, the Working Group expressed concern that the regulatory framework would
remain inadequate even despite the September 2019 amendments, as it would not cover the
whole spectrum of labour rights in all economic sectors. It was informed that an
amendment presented to the parliament would broaden the mandate of the Labour
Conditions Inspection Department to cover enforcement of the full range of labour rights
and standards in all sectors of economic activities and to issue sanctions against companies
abusing labour rights. The amendments are expected to enter into force in 2022.
24.
Another source of concern expressed to the Working Group by different
stakeholders across the country related to the lack of adequate resources of the labour
inspectorate, which would prevent it from carrying out its mandate effectively and
addressing the systemic abuses in a number of workplaces.
25.
In that respect, the Working Group learned that the Government was investing in
building the capacity of the Labour Conditions Inspection Department to identify risks and
had increased the number of inspectors from 40 to 100. Legislation was being drafted to
make the Department a legal entity of public law, in order to strengthen its independence
and institutional capacity, including through the creation of regional branches.
26.
The Ministry also recalled the provision in the Law on Labour Safety that required
companies to recruit a dedicated labour safety specialist and report accidents to the
inspectorate, and placed the burden of proof on the employer following an accident.
27.
In Tbilisi, where construction projects were in rapid expansion, the Working Group
met with officials at the City Hall. Those officials explained that the inspectorate
department had 24 vehicles and 60 inspectors who conducted unannounced visits to
construction sites. They stressed the importance of additional measures to strengthen their
capacity to prevent and mitigate occupational safety and health-related risks, including
stricter and more effective safety measures that focused on prevention.
28.
Another concern constantly raised by stakeholders was the low level of awareness
among the private sector of the responsibilities under the regime of occupational safety and
health, particularly in the construction and infrastructure sectors. The Working Group
learned that in many cases involving accidents on construction sites, companies generally
blamed employee negligence, rather than adopting the necessary preventive measures to
discharge their responsibility. Recognizing the importance of increasing awareness among
workers of their rights, the Working Group recalls that the primary responsibility of
ensuring a healthy and safe working environment rests with the employer.
29.
The Working Group welcomes the commitment of the Government and business
associations to help raise awareness about the Guiding Principles on Business and Human
Rights, including in the private sector. The Government-led project to train 100 trainers by
the end of 2019 to raise awareness about responsible business conduct was noteworthy.
Trainers will be certified for two years and will be obliged to conduct trainings for at least
four groups of companies operating in Georgia.
B.
Environmental and social impact assessments
30.
The new Environmental Impact Assessment Code entered into force on 1 January
2018 and expanded the scope of procedures in relation to environmental impact
assessments, strategic environmental assessments, transboundary environmental impact
assessments and public participation in decision-making. Under the new regime, activities
that may have significant effects on the environment, human life or health are subject to a
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