The employers may require annual renewal of permits for jobs classified in special conditions to the Labor Inspection. For 2014, a new procedure was published by Government Decision no. 1077/2013, amendment to GD 246/2007 – the methodology for renewal of permits for jobs classified in special conditions.

The permits that were valid until the end of 2013 can be renewed by a request filed during the month of January 2014, according to GD 1077/2013, published in the Official Monitor on December 23, 2013 when it has become effective.

The possibility of renewal of permits is applied, according to the document cited above, only by the employers who:

• Hold the permit of renewal to 31 December 2013;
• Did not take steps to normalize the working conditions for jobs classified in special conditions.

The request that the employer should be submitted to the Labor Inspectorate to obtain the permit must be signed by:

• the employer’s legal representative / other authorized person;
• the workers’ representatives with specific responsibility for the health and safety of workers;
• the union representatives, as appropriate.

This request must be submitted to the January 30, 2014 (within maximum 30 days from the date of entry into force of the new provisions, January 1, 2014), accompanied by a copy of inspection documents that refer to the stage of implementation of the measures proposed and undertaken to in 2013.

The obligations of the employer for renewal of work permits for special conditions jobs

After submission of the application for renewal of permits for jobs classified in special conditions, the employer shall submit to the Labor Inspectorate, within 60 days from the date of application for renewal of the permit, the following, according to GD 1077/2013:

• the professional nuisance determinations bulletins issued by competent laboratories to certify the exceeding of limits for occupational exposure or expertise bulletins issued by public health directorates and of Bucharest, which attest to the presence of highly hazardous chemical agents or biological agents that have not provided the allowable limit, but have harmful effects on the health of workers exposed;
• the prevention and protection plan for jobs classified under special conditions, revised to ensure safety and improve the level of health protection, the measures and actions, sequenced and distributed quarterly, from January 1 to December 1, 2014, so later than 31 December 2014 the jobs to fit in normal conditions;
• the occupational physician report on the health of workers who work in jobs classified in special conditions, showing the effects of pollutants identified in these jobs on the health of workers, with recommendations for health promotion in accordance with peculiarities of exposure to risk factors;
• the proof of submission to the territorial pension houses of the document through the renewal of permits for jobs classified in special conditions was obtained and of the occupational categories of the list of working in these jobs until December 31, 2013.

The renewal permit may be given within 15 working days from submission of all the documentation on Labor Inspection. This permit is valid for 12 months, until 31 December 2014.

The employers are required to pay social insurance contribution due to special conditions in the period between December 31, 2013 and the time of renewal the permit for these jobs or, where appropriate, the difference between this contribution and the one for normal working conditions.

In Article I of GD. 1077/2013, Section 5, specify: “In the period between July 15 to 30 and December 1 to 15, 2014, the employers will be submitted to the territorial labor inspectorate reporting on how they have done to normalize the work conditions.

For failure to plan preventive measures, the employers risk fines between 3000 and 6000 lei for a total of up to 49 employees and between 6000 and 10000 lei for employers with at least 50 employees. Also, the employer risks to lose the permit for jobs in special conditions if the measures are not taken in 45 days after the control of inspectors.

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