Legal Awareness and Administrative Sanctions in the Occupational Safety and Health Compliance System

An empirical and Theoretical Examination of the Sanctioning Paradox

Abstract

This study examines two key elements of occupational safety compliance – legal awareness and administrative sanctions – in the context of the regulatory tightening introduced in 2024. The central question of the research is whether the repressive strengthening of the sanctions system is accompanied by an improvement in compliance indicators. Based on a descriptive-comparative methodology, the study analyses official data from 2023 to 2024. The empirical results reveal a pattern consistent with the concept of a “sanction paradox” introduced in the study: while the total amount of occupational safety fines more than doubled, the proportion of employers and employees involved in violations also increased. The dogmatic analysis highlights that the 2024 fine-imposition reform created a quasi-algorithmic sanctioning structure that narrows the authorities’ discretion, thereby limiting the possibility of individualized and proportionate application of the law. The study suggests that the potential role of legal awareness should not be disregarded when interpreting the effectiveness of the sanctions system. Where legal subjects lack adequate knowledge of their legal obligations, the preventive effect of sanctions may be more limited. Accordingly, this study presents legal awareness as one possible interpretive framework for understanding the observed pattern. This study contributes to the discourse on the effectiveness of administrative sanctions by demonstrating, from both empirical and doctrinal perspectives, that repressive measures alone do not necessarily ensure sustainable compliance with the law.