Romanian health and safety laws are primarily governed by Law No. 319 of July 14, 2006, also known as the Safety and Health at Work Law. This legislation transposes the EU's Occupational Safety and Health Framework Directive into Romanian law, focusing on risk prevention, worker protection, and information, consultation, and training.

Employer Responsibilities

Employers in Romania have significant responsibilities under health and safety laws. They are required to regularly identify potential hazards, evaluate risks, and implement preventive measures. They must also provide workers with clear information about workplace risks, safety instructions, and necessary training. Consultation with employees or their representatives in matters concerning health and safety is mandated. Depending on the size and activity type of the company, establishing safety and health committees may be required. Employers must also designate internal or external experts in occupational health and safety. They are responsible for ensuring suitable arrangements for first aid, fire safety, and emergency evacuations. Provision of appropriate Personal Protective Equipment (PPE) free of charge where risks cannot be fully mitigated by other means is also a requirement.

Workers' Rights and Duties

Employees have the right to work in safe and healthy conditions. They can refuse potentially dangerous work situations without repercussions. Employees have the right to participate in decision-making and raise concerns about health and safety. However, they also have an obligation to follow safety instructions and use protective equipment.

Specific Regulations

In addition to the main law, there are numerous specific regulations addressing distinct hazards. These include Government Decision No. 300/2006, which governs minimum health and safety requirements for temporary or mobile construction sites, Government Decision No. 1048/2006, which covers the safe use of work equipment, Government Decision No. 971/2006, which addresses risks from chemical agents, and Government Decision No. 1051/2006, which outlines provisions for the manual handling of loads.

Enforcement and Penalties

The Labour Inspectorate is responsible for monitoring and enforcing health and safety laws. They can conduct inspections, issue improvement notices, and impose fines or sanctions. In cases of serious breaches or accidents, criminal liability may apply under the Romanian Criminal Code.

Occupational health and safety (OHS) in Romania is guided by a combination of European Union directives, Romanian legislation, and technical standards developed by the Romanian Standards Association (ASRO). This ensures a high baseline of protection that's consistent across Europe and tailored to the Romanian context.

Hazard Identification and Risk Assessment

Employers are required to systematically identify workplace hazards and assess the associated risks. This proactive approach forms the basis for preventive measures. Workers and their representatives actively contribute to the risk assessment process, providing valuable insights from their experiences.

Control and Prevention Measures

Romanian OHS standards emphasize the hierarchy of controls, which prioritizes the elimination of hazards, substitution with less hazardous alternatives, engineering controls to isolate workers from hazards, administrative controls to change work organization or procedures, and the use of personal protective equipment (PPE) as a last resort.

Training and Information

Employers are responsible for providing workers with appropriate training on workplace risks and safety procedures. This includes induction training and regular refresher courses. Safety information, instructions, and warnings are delivered in a clear and understandable manner, taking into account the language needs of workers.

Health Surveillance

For workers exposed to specific hazards, health surveillance programs may be required. These programs help in the early detection of signs of occupational illness. Fitness for work assessments are also conducted to determine an individual's suitability for specific tasks.

Occupational Accidents and Diseases

Work-related accidents and incidents must be reported and investigated to determine root causes and prevent recurrence. Romania also maintains a system for recognizing and compensating occupational diseases, providing support to affected workers.

Emergency Planning

Employers are required to have detailed plans and preparedness measures for emergencies such as fires, evacuations, and first-aid response. Regular drills and exercises are conducted to test emergency plans and ensure workers are trained in appropriate responses.

Supporting Institutions

Several institutions play crucial roles in promoting and enforcing OHS compliance in Romania. These include the Labour Inspectorate, the National Research and Development Institute for Mine Safety and Protection to Explosion (INSEMEX), and the National Institute for Research and Development in Occupational Safety (INCDPM). These bodies monitor compliance, conduct research, provide expertise, and support policy development in the field of occupational safety.

Workplace inspections in Romania are primarily conducted by the Labour Inspectorate, a body that enforces compliance with workplace regulations. These inspections are crucial in ensuring that employers meet their obligations in providing a safe and healthy work environment.

Types of Inspections

There are three main types of inspections:

• Routine Inspections: These are proactive inspections scheduled based on risk profiles or as part of targeted campaigns.
• Complaint-Based Inspections: These are triggered by complaints lodged by workers or their representatives to the Labour Inspectorate.
• Accident Investigations: These are investigations conducted by the Inspectorate following serious workplace accidents or incidents to determine the root causes and potential regulatory breaches.

Inspection Procedures

The inspection process involves several steps:

1. Notice and Planning: Routine inspections may involve pre-notice while complaint-based or accident inspections are often unannounced. Inspectors prepare for the visit by reviewing prior records and relevant regulations.
2. Opening Meeting: The inspection begins with an opening meeting where the inspector presents their credentials, outlines the scope and purpose of the inspection, and meets with the employer and worker representatives.
3. Walkthrough and Examination: Inspectors conduct a thorough walkthrough of the workplace, observing work processes, equipment, facilities, and documentation. They may interview workers and take measurements as needed.
4. Evaluation and Findings: Inspectors compare their observations and findings with the relevant regulations, pinpointing any non-compliance or potential hazards.
5. Closing Meeting: The inspector holds a closing meeting to summarize their preliminary findings and discuss necessary corrective actions.
6. Inspection Report: A formal report detailing the inspection findings is issued, along with any improvement notices or enforcement actions.

Inspection Criteria

The Labour Inspectorate's control covers a wide range of areas, including risk assessment, safe equipment and machinery, chemical safety, ergonomics and manual handling, workplace environment, emergency preparedness, training and instruction, and record-keeping.

Inspection Frequency

The frequency of inspections varies based on factors such as the size of the company, the level of hazard, and the company's inspection history.

Follow-Up Actions

Following the inspection, several actions may be taken:

• Improvement Notices: These are issued for violations, giving the employer a deadline for rectification.
• Fines and Sanctions: The Labour Inspectorate may impose fines for regulatory breaches.
• Suspension or Closure (Severe Cases): In cases of grave risk, the Inspectorate can order temporary suspension of activities or partial/full closure of the workplace.
• Criminal Proceedings: In extreme situations of negligence or willful violations causing serious harm, criminal charges may be pursued.

Workplace accidents are a serious matter that require immediate attention and reporting. Employers bear the primary responsibility for reporting these incidents to the relevant authorities. Fatal accidents and serious injuries must be reported immediately to the Labour Inspectorate and the police, while accidents resulting in over 3 days absence from work must be reported to the Labour Inspectorate within 24 hours. Reporting is done using a standardized form available from the Labour Inspectorate.

Investigation of Accidents

The employer is obligated to conduct an internal investigation to determine the immediate and underlying causes of the accident. This involves gathering evidence, interviewing witnesses, and analyzing the circumstances. The Labour Inspectorate may conduct its own, more in-depth investigation, especially in cases of serious accidents or fatalities. Worker representatives have the right to be involved in the investigation process, providing valuable insights and ensuring a thorough analysis.

Compensation for Occupational Injuries and Illnesses

Romania has a compulsory social insurance system providing for compensation in case of workplace accidents and occupational diseases. Workers suffering injuries or illnesses directly linked to their work are entitled to benefits, which may include costs of medical care and rehabilitation services, compensation for lost wages during periods of temporary disability, pensions or lump-sum payments in cases of long-term or permanent disability, and survivor benefits in case of death. Workers or their representatives initiate compensation claims through the local Social Insurance Agency.

Additional Considerations

The Romanian compensation system is largely based on a no-fault principle, meaning workers do not need to prove employer negligence to receive benefits. In some cases, workers or their families may also have the option to bring civil lawsuits against the employer, especially if there's evidence of gross negligence or intentional wrongdoing.