NR 28 - Inspection and Penalties

28.1 Supervision and Inspection

28.1.1 The supervision over compliance with laws and regulations on workers' occupational safety and health shall be carried out in accordance with Decree No.4552 of December 27, 2002, Title VII of Consolidated Labor Laws and Law No.5889 of June 8, 1973, without prejudice to other relevant provisions.

28.1.2 All detailed factual documents and certification materials can be attached to inspection cases. Labor inspectors may adopt all necessary means including audio-visual recording to confirm violations during law enforcement.

28.1.3 Labor inspectors shall issue violation notices for non-compliance with regulatory standards and legal provisions, following the double inspection rule stipulated in Decree No.4552/2002, Title VII of CLT and Paragraph 3 of Article 6 of Law No.7855/1989.

28.1.4 Based on technical standards, labor inspectors may issue notices to employers to rectify irregularities within a specified period.

28.1.4.1 The maximum rectification period is sixty days.

28.1.4.2 Within ten days upon receiving the notice, the notified party may submit a written application with valid reasons. The competent regional authority may extend the time limit to one hundred and twenty days starting from the notice date.

28.1.4.3 Any extension exceeding 120 days shall be subject to prior negotiation between the notified party and the employees' trade union, with the presence of the competent regional authority.

28.1.4.4 Enterprises may file appeals or apply for time extension for each rectification item within a maximum of ten days from the date of notice issuance.

28.1.5 Labor inspectors may also issue violation certificates against breaches of occupational safety and health laws and regulations based on technical reports issued by qualified occupational safety engineers or occupational physicians.

28.2 Seizure and Prohibition

28.2.1 When labor inspectors identify serious and imminent risks to workers' health and personal safety based on technical standards, they shall immediately propose to the competent regional authority to suspend premises, work areas, machines or equipment, or impose partial or total construction stoppage, and specify corrective measures.

28.2.2 The competent regional authority shall decide whether to lift the suspension or seizure according to new technical reports issued by labor inspectors.

28.2.3 Upon receiving detailed inspection reports proving repeated violations of occupational safety and health laws and regulations, the competent regional authority may summon corporate legal representatives to investigate causes and formulate rectification plans.

28.2.3.1 Repeated violation refers to three violation records for the same regulatory clause, or employers persistently violating relevant provisions, ignoring warnings, notices and penalties during repeated official inspections.

28.3 Penalties

28.3.1 Violations against occupational safety and health laws and regulations shall be penalized in accordance with the fine grading scale (Annex I) and violation classification criteria (Annex II) of this standard.

28.3.1.1 In case of recidivism, inspection obstruction, resistance to supervision or fraudulent acts to evade laws, fines shall be imposed in accordance with the sole paragraph of Article 201 of CLT with stipulated amounts.

28.3.2 Rural activities refer to activities related to agriculture, animal husbandry, forestry, forest exploitation and aquaculture, as well as activities specified in items 31.2.2 and 31.2.2.1 of Regulatory Standard No.31 (NR-31). Violations of occupational safety and health provisions specified in the violation list (Annex II) of this standard shall be punished in accordance with the calculation criteria stipulated in the main clause of Article 18 of Law No.5889 dated 1973 for violation notices issued after the entry into force of this standard.

28.3.3 The fine amounts specified in this standard shall be adjusted annually in accordance with Paragraph 2 of Article 634 of the Consolidated Labor Laws as revised by Law No.13467 dated July 13, 2017, and subject to the provisions of the ordinance setting parameters for the application of administrative fines stipulated in labor legislation.

Annex I

Annex IA

Specific Fine Amounts for Port Work (NR-29)

NR-28 Supervision and Penalties