Professionals dedicated to occupational risk prevention often face a unique dilemma. On one hand, they take pride in protecting workers from harmful situations. On the other hand, they bear the responsibility of their recommendations, knowing that their decisions can have legal consequences.(texnikos asfaleias)
A thorough understanding of the legal framework surrounding occupational risk prevention is crucial for technical specialists in this field. Let’s explore the primary responsibilities and obligations they may face.
According to Article 316 of the Criminal Code, crimes related to occupational health and safety are outlined. Under this law, individuals who:
❌ Fail to provide employees with necessary safety and hygiene measures
❌ Willfully ignore workplace safety regulations
❌ Endanger employees by placing them in dangerous situations
…may face criminal charges, even if no accident occurs. If an accident leads to injury, additional charges for negligence or harm can apply.
In the event of an accident—or when a potential hazard arises—the court will investigate the situation. This may involve:
✔ Identifying responsible parties (e.g., those involved in documentation, installation, and compliance monitoring)
✔ Summoning technical experts to testify
✔ Reviewing whether preventive policies were properly followed
If a technical expert is called as a suspect, they are entitled to:
🛡 Legal representation throughout the legal process
📑 Access to case records before providing testimony
⚖ Procedural protections to ensure a fair trial
If legal proceedings continue, the accused can:
📝 Appeal the continuation of the case
✍️ File a reform appeal
⚖ Request the case be heard in a Provincial Court, if necessary
🧑⚖️ Submit a defense brief if the case goes to trial
Even if the case proceeds to trial, the prosecution must prove their case, and the accused has multiple opportunities to present evidence in their defense.
In addition to criminal liability, technical experts in occupational risk prevention may be held civilly liable for cases of negligence.
To mitigate risks, all professional risk prevention services must have civil liability insurance that covers errors or omissions by technical and medical staff. This insurance:
🛡 Protects professionals from legal claims in court
🏢 Works alongside the prevention service and insurance company to mount a unified defense
One of the most important documents in any civil case is the risk assessment report, which:
🔍 Identifies workplace hazards
🛠 Defines necessary preventive measures
📝 Documents compliance with safety procedures
This report plays a crucial role in legal decisions and must be thorough, clear, and aligned with workplace risks and safety protocols.
While the responsibility placed on technical staff in occupational risk prevention is substantial, their role is irreplaceable in safeguarding the health and safety of workers.
Their work doesn’t just prevent accidents; it also reduces legal risks by ensuring accurate documentation and strict regulatory compliance.
✅ Accurate documentation and regulation adherence minimize potential legal complications.
✅ Meticulous risk assessments are essential for preventing workplace accidents.
✅ Commitment to professional duty ensures safety remains the top priority.
For these professionals, the satisfaction of protecting lives outweighs the challenges of their work, making their role both valuable and essential. (τεχνικος ασφαλειας)