Labor accidents and employer’s obligations under Greek law: What Law 3850/2010 defines
Protecting the health and safety of workers is a fundamental obligation of every employer. Law 3850/2010 describes in detail the responsibilities and obligations of companies with regard to the prevention and management of occupational accidents. In this article, we examine the main provisions of the law, the obligations of employers and the possible legal consequences in case of their violation.
Employer’s obligations under Law 3850/2010
• Obligation to employ a safety technician and an occupational physician
According to Article 8 of the law, enterprises employing more than 50 workers are required to have a safety technician and an occupational physician. They have an advisory role and supervise the provision of work, but the ultimate responsibility for the protection of workers’ health remains with the employer (Article 42(3)).
• General preventive measures
Article 42 of the Act sets out the employer’s general obligations for safety and prevention of risks at work before any accident occurs.
• Labor accident management
According to Article 43 of the law, in case of an accident at work, the employer is obliged to:
1. Report the accident within 24 hours.
2. Enter it in the company’s special accident book, describing the causes.
3. Maintain a record of occupational accidents that have caused incapacity for work for more than three days.
4. In case of serious injury, keep all evidence unchanged for the investigation of the incident.
• Employee information
After an accident occurs, the employer must inform workers of the circumstances that caused it and warn them of potential risks in order to prevent similar incidents in the future.
Check
The Labour Inspectorate (Labour Inspectorate) is responsible for inspecting the company and ascertaining the nature of the accident. If an accident at work is found, the Inspectorate forwards the case to the competent public prosecutor’s office so that criminal proceedings can be initiated against the employer.
Criminal sanctions
Section 72 of the Act provides for severe penalties for employers who violate the health and safety provisions:
A) Imprisonment for a minimum of six months or a fine of at least 900€ or both.
B) In case of negligence, imprisonment up to one year or a fine.
Conclusion
Compliance with safety measures and the timely management of accidents at work are vital for the protection of workers and the legitimate operation of businesses. Law 3850/2010 clearly defines the responsibilities of employers, making the prevention and appropriate management of accidents mandatory. Compliance with the law not only prevents serious legal consequences, but also ensures a safe and healthy working environment for all.
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