Ensuring a safe and healthy workplace is a fundamental requirement for businesses operating in Romania. The country's legal framework places significant emphasis on protecting employees from occupational hazards and risks, aligning with European Union directives and international labor standards. Compliance with these regulations is not just a legal obligation but also crucial for fostering a productive work environment and avoiding potential penalties.
Navigating the specifics of Romanian health and safety legislation requires a clear understanding of the applicable laws, required practices, and the roles of both employers and employees. This includes establishing robust internal procedures, conducting regular risk assessments, providing adequate training, and maintaining necessary documentation to demonstrate compliance and proactively manage workplace safety.
Health and Safety Laws and Regulatory Framework
The primary legislation governing occupational health and safety (OHS) in Romania is Law No. 319/2006 on Occupational Safety and Health. This law transposes key EU directives into national legislation and sets out the general principles and requirements for OHS across all sectors of activity. It is supplemented by numerous government decisions, ministerial orders, and technical norms that provide detailed rules for specific industries, types of work, and hazards.
Key aspects covered by the framework include:
- General principles of prevention
- Employer obligations regarding risk assessment and prevention measures
- Employee rights and obligations
- Organization of OHS activities within the company
- Workplace equipment and personal protective equipment (PPE)
- Health surveillance of employees
- Workplace accident investigation and reporting
- Sanctions for non-compliance
The main regulatory bodies overseeing OHS in Romania are the Ministry of Labour and Social Solidarity and its subordinate inspectorates, particularly the Territorial Labour Inspectorates (ITM).
Occupational Health and Safety Standards and Practices
Compliance with Romanian OHS law requires employers to implement specific standards and practices. A cornerstone of this is the risk assessment process. Employers must identify all potential hazards in the workplace, evaluate the risks associated with them, and determine appropriate prevention and protection measures. This assessment must be documented and reviewed regularly, especially when there are changes in technology, work processes, or the workplace environment.
Training requirements are also stringent. Employers are obligated to provide OHS training to all employees upon hiring, when transferred to a new job or workstation, when new work equipment or technology is introduced, and when new risks emerge. This training must be specific to the employee's job and the risks they face, and its effectiveness should be verified. Refresher training is required periodically.
Documentation obligations are extensive. Employers must maintain records of risk assessments, OHS training, workplace accidents, OHS instructions, health surveillance records, and evidence of implemented prevention measures. This documentation is essential for demonstrating compliance during inspections.
Many companies are required to establish a Safety and Health Committee (CSSM). This joint employer-employee body participates in the evaluation of risks, proposes prevention measures, monitors the application of OHS regulations, and contributes to the development of the company's OHS plan. The specific requirements for establishing a CSSM depend on the company's size and activity sector.
Workplace Inspection Processes and Requirements
Territorial Labour Inspectorates (ITM) are responsible for conducting inspections to verify employer compliance with OHS legislation. Inspections can be scheduled or unannounced. During an inspection, ITM inspectors will typically:
- Review OHS documentation (risk assessments, training records, accident reports, internal OHS rules).
- Inspect the workplace premises, equipment, and work processes.
- Interview employees and management regarding OHS practices.
- Verify the implementation of prevention and protection measures, including the provision and use of PPE.
- Check the functioning of the Safety and Health Committee, if applicable.
Employers are required to cooperate fully with inspectors, provide access to all relevant areas and documents, and respond truthfully to inquiries. Failure to comply with inspector's requests or findings can result in fines and other legal consequences.
Workplace Accident Protocols and Reporting
In the event of a workplace accident, specific protocols must be followed. The employer must immediately take measures to secure the accident site and prevent further incidents. The accident must be reported to the Territorial Labour Inspectorate (ITM) and, in certain cases (e.g., serious accidents, collective accidents), to the police and other relevant authorities within a specified timeframe (usually 24 hours).
An internal investigation must be conducted by the employer to determine the causes and circumstances of the accident. For certain types of accidents, the investigation is conducted by the ITM. The investigation report must document the findings, identify the causes, and propose measures to prevent similar accidents in the future.
Reporting requirements vary based on the severity of the accident:
| Accident Type | Reporting Obligation | Investigation Authority |
|---|---|---|
| Minor Injury (requiring medical leave) | Report to ITM within 24 hours. Internal investigation. | Employer |
| Serious Injury | Report immediately to ITM, police, etc. | ITM |
| Collective Accident | Report immediately to ITM, police, etc. | ITM |
| Fatal Accident | Report immediately to ITM, police, etc. | ITM |
All workplace accidents, regardless of severity, must be recorded in the company's internal accident register.
Employer and Employee Responsibilities for Workplace Safety
Both employers and employees have distinct but complementary responsibilities for ensuring workplace safety in Romania.
Employer Responsibilities:
- Ensure the safety and health of employees in all aspects related to work.
- Conduct risk assessments and implement prevention measures.
- Provide necessary information and training on OHS.
- Provide appropriate personal protective equipment (PPE) free of charge.
- Ensure health surveillance of employees.
- Organize OHS activities within the company (internally or through external services).
- Investigate and report workplace accidents and occupational diseases.
- Consult with employees or their representatives on OHS matters, including through the Safety and Health Committee (CSSM) where required.
- Maintain required OHS documentation.
Employee Responsibilities:
- Use work equipment correctly and according to instructions.
- Use provided PPE correctly.
- Not disconnect, change, or remove safety devices.
- Report immediately to the employer or supervisor any situation they reasonably believe presents a serious and immediate danger.
- Report any accident or occupational disease they are aware of.
- Cooperate with the employer and designated OHS personnel.
- Participate in OHS training.
- Undergo health surveillance as required.
