Administrative penal proceedings

Administrative penal proceedings are carried out by the district administrative authorities. They are usually initiated because of charges brought by the Labour Inspectorate or other persons. The accused are normally either the employer(s) or their designated representatives. Employees can only be punished for certain offences, such as not using personal protective equipment despite having received information about it and having provably been urged to do so in writing. Preventive experts are only punishable if they violate their obligations as employees, but not if they do not fulfil their tasks as a safety representative or occupational physician, because, according to the Health and Safety at Work Act, employers are responsible under administrative criminal law for the orderly provision of preventive services. Several persons can be punished at the same time in the same case.

The level of the fines or other penalties depends primarily on the number or severity of the offences and whether there have already been violations of the occupational safety and health regulation in question. If criminal proceedings in court are initiated, administrative penal proceedings cannot be carried out against the same person.