In Hungary, health and safety laws are primarily governed by Act XCIII of 1993 on Occupational Safety and Health, The Fundamental Law of Hungary (2011), and The Labor Code (Act I of 2012). These laws align with EU framework directives and guarantee a right to healthy and safe working conditions for all employees.

Employer Responsibilities

Employers in Hungary have significant responsibilities under health and safety laws. They are required to identify and evaluate workplace hazards and implement appropriate preventive and protective measures. They must also provide and maintain a safe and healthy physical work environment, which includes suitable equipment, personal protective equipment (PPE), sanitation facilities, and first-aid provisions.

Employers are also obligated to educate employees on identified workplace hazards, safe work practices, emergency procedures, and the correct use of PPE. They must consult with employees or their representatives in matters concerning workplace health and safety and provide access to occupational health specialists and health surveillance services tailored to identified workplace risks. Additionally, employers are required to maintain detailed documentation of work-related accidents, injuries, and illnesses, and authorities must be notified of serious incidents.

Employee Rights

Employees in Hungary have several key rights regarding health and safety. They have the right to work in conditions that do not present an undue risk to their health or safety. They must receive the necessary instruction and training to perform their tasks in a safe manner. Employees can refuse or halt work if they have a reasonable belief it poses a serious and immediate danger to their wellbeing. They also have the right to participate in decision-making and the opportunity to contribute to the development of workplace health and safety measures. Employees cannot face repercussions for raising health and safety concerns or exercising their rights related to health and safety.

Enforcement and Regulatory Bodies

The National Labor Inspectorate is the primary entity overseeing compliance with health and safety legislation in Hungary. It conducts inspections, investigates complaints, and can issue fines or sanctions for non-compliance. Certain sectors, such as mining and nuclear energy, may have additional, sector-specific regulatory bodies dedicated to safety and health oversight.

Additional Considerations

Various Government Decrees and Ministerial Decrees detail more granular health and safety standards for particular industries, hazards, and types of equipment. Substantial fines and, in exceptional cases, criminal liability may be imposed for serious violations or negligence in regard to health and safety regulations.

In Hungary, employers are required to perform comprehensive risk assessments to identify all potential hazards in the workplace. This is a crucial part of safety management. If risks cannot be eliminated at their source, a hierarchy of controls must be applied, such as substitution, engineering controls, administrative controls, and personal protective equipment (PPE). All risk assessments, control measures implemented, and related safety instructions for employees must be meticulously documented.

Specific Hazards and Preventive Measures

Hungary has specific standards to address a wide array of workplace hazards. These include physical hazards such as noise, vibration, machine safety, electrical safety, work at height, and ergonomics. There are also detailed standards for the classification, labeling, handling, storage, and exposure limits for hazardous chemicals. Procedures are set for working with biological agents, including in healthcare, waste management, and laboratories. Hungarian law also recognizes psychosocial risks like work stress, violence, and harassment, and requires employers to take suitable preventive measures.

Occupational Health Services

Employers are required to provide employees with access to occupational health services that match the risks of their work activities. Occupational health specialists conduct health surveillance, workplace hazard assessments, advise on risk management, promote worker well-being, and provide first-aid training. Occupational health doctors and nurses must hold specialized qualifications and be registered with relevant authorities.

Employee Training and Education

Employers are responsible for comprehensive safety training programs. These cover general occupational safety and health (OSH) principles, job-specific hazards, and emergency measures. New employees must receive training before starting work, with regular refresher courses and updates as needed. All safety training provided to employees must be documented.

Worker Involvement and Consultation

In workplaces with more than 20 employees, workers have the right to elect OSH representatives to advocate for their interests. Larger organizations must establish joint worker-management safety committees to facilitate OSH collaboration. Employees must have access to all relevant OSH information, including risk assessments, accident reports, and safety policies.

Workplace inspections are a crucial part of maintaining a safe and healthy work environment. They are conducted by the National Labor Inspectorate in Hungary, which is the main authority responsible for these inspections. The inspectors have expertise in various areas of occupational health and safety, allowing them to tailor inspections to specific industry or workplace hazards.

Types of Inspections

There are three main types of inspections:

• Routine Inspections: These are scheduled based on national inspection programs or regional risk-based inspection plans.
• Targeted Inspections: These are conducted in response to specific concerns, often triggered by complaints, reports of serious accidents, or known high-risk activities.
• Follow-up Inspections: These are conducted to verify that previous violations have been rectified within the mandated timeframe.

Inspection Procedures

The inspection process typically follows these steps:

1. Notification: Employers usually receive advance notice of inspections unless there's a specific justification for unannounced visits.
2. Opening Meeting: The inspector outlines the inspection scope, procedures, and employer/employee rights.
3. Workplace Walk-through: The inspector checks the premises, equipment, processes, and observes work practices and reviews documentation.
4. Interviews: Inspectors may interview employees and their representatives to gather additional information.
5. Closing Meeting: The inspector discusses preliminary findings and potential violations, informing the employer of required remedies.
6. Official Report: A formal inspection report is issued, specifying violations, deadlines for corrective action, and potential penalties for non-compliance.

Inspection Criteria

Inspections generally focus on compliance across several areas:

• Risk Assessments and Management Systems
• Physical Safety
• Chemical Safety
• Ergonomics and Workplace Design
• Occupational Health Services
• Employee Training and Awareness
• Record-Keeping

Follow-up Actions

After the inspection, employers are given deadlines to correct identified deficiencies, depending on the nature and severity of risk. Follow-up inspections may be necessary to confirm that corrective actions have been adequately implemented. Authorities may impose fines, issue work stoppage orders, or, in severe cases, initiate criminal proceedings for significant failures to comply.

Employees or their representatives can request inspections if they perceive serious safety and health hazards in the workplace. Employers also have the right to appeal against inspection findings or enforcement measures through established legal channels.

Workplace accidents are a serious matter and require immediate attention. Employers are legally obligated to report any work-related accident that results in serious injury, incapacity for work, or death, to the Labor Inspectorate without delay. The reporting deadlines vary depending on the severity of the accident. Minor accidents causing incapacity of more than 3 days should be reported within 3 working days, serious accidents within 24 hours, and fatal accidents require immediate notification.

Accident Reporting

Employers use standardized forms to submit accident reports. These reports contain details of the event, the injured person, the nature of injuries, and any preliminary conclusions.

Accident Investigation

The employer is primarily responsible for investigating all workplace accidents, regardless of their severity. The aim of these investigations is to establish the root causes of the accident, including direct and contributing factors, to prevent recurrence. Thorough documentation of the investigation process, findings, and corrective actions is mandatory and forms a crucial part of the accident record. Depending on the severity of the accident, worker representatives, occupational safety specialists, and external experts may participate in the investigation. The Labor Inspectorate also has the right to conduct its own investigations, particularly for serious accidents or where there are suspicions of employer negligence.

Compensation and Insurance

Hungary operates a mandatory social security system providing injured workers with medical care, sickness benefits, and disability pensions in the case of permanent impairment. Employers can be held civilly liable for workplace accidents if it is proven that they were caused by negligence or failure to comply with safety regulations. Injured workers (or their families in case of fatal accidents) may file civil lawsuits for additional compensation beyond social security benefits. Employers must carry employer's liability insurance to cover their potential liabilities arising from workplace accidents.

Additional Considerations

There are time limits for filing worker's compensation claims and initiating civil lawsuits seeking additional damages. Special protocols exist for the investigation and reporting of occupational diseases, with recognition and compensation schemes distinct from workplace injuries.