Workplace Safety and Health

Workplace safety and health are extremely important aspects for both employers and employees. A prudent approach to these aspects by companies contributes to creating a safer, healthier, and more productive work environment.

The Romanian Labor Code regulates this area of workplace safety and health (SSM) and stipulates that the employer is obliged to ensure the safety and health of employees in all work-related aspects.

According to the legislation, employees’ obligations in the field of SSM do not affect the employer’s responsibility, and measures regarding workplace safety and health must not, under any circumstances, result in financial obligations for employees.

The Labor Code also mentions that if an employer uses external persons or services, this does not exempt them from responsibility in this area.

Measures Employers Must Take

Article 177 of the Labor Code specifies that the employer must take necessary measures to protect the safety and health of employees, including activities for the prevention of occupational risks, information and training, as well as the implementation of work protection organization and necessary resources.

When adopting and implementing measures, the following general prevention principles must be considered:
a) Avoiding risks;
b) Evaluating risks that cannot be avoided;
c) Combating risks at the source;
d) Adapting work to the individual, especially regarding workplace design and the choice of equipment and work and production methods, particularly to mitigate monotonous and repetitive work and reduce its impact on health;
e) Considering technological advancements;
f) Replacing dangerous items with non-dangerous or less dangerous ones;
g) Planning prevention;
h) Prioritizing collective protective measures over individual protective measures;
i) Informing employees of appropriate instructions.

The employer organizes the activity of ensuring workplace safety and health, and the internal regulations must mandatorily include rules regarding workplace safety and health. In developing workplace safety and health measures, the employer consults with the union or, as the case may be, with employee representatives, as well as with the workplace safety and health committee.

Additionally, the employer is obliged to insure all employees against occupational accidents and diseases, according to the law.

Mandatory Employee Training

According to the Labor Code, the employer is obliged to organize employee training in the field of workplace safety and health.

This training is conducted periodically, using specific methods agreed upon by the employer, the workplace safety and health committee, and the union or, as the case may be, employee representatives.

For new employees, those changing jobs or the type of work, and those resuming work after an interruption of more than 6 months, training is mandatory before they start working.

Training is also mandatory when there are changes in the legislation in the field.

Guaranteeing Employee Safety and Health

According to current legislation, workplaces must be organized to guarantee the safety and health of employees.

In this regard, the employer must continuously monitor the condition of materials, equipment, and substances used in the work process to ensure employee safety and health. The employer is also responsible for providing first aid in case of occupational accidents, creating conditions to prevent fires, and ensuring the evacuation of employees in special situations and in case of imminent danger.

Workplace Safety and Health Control

Article 182 of the Labor Code states that to ensure workplace safety and health (SSM), the legally authorized institution may limit or prohibit the manufacture, sale, import, or use of substances and preparations hazardous to employees.

The labor inspector may, with the approval of the occupational health physician, require the employer to request, at their own expense, analyses and expertise from competent bodies regarding products, substances, or preparations considered dangerous, to know their composition and effects on the human body.

Workplace Safety and Health Committee for Employers with More Than 50 Employees

For legal entities employing at least 50 employees, there is an obligation to establish a workplace safety and health committee to ensure employee involvement in developing and implementing decisions in the field of work protection.

This committee is established within public, private, and cooperative legal entities, including those with foreign capital, operating in Romania.

If working conditions are severe, harmful, or dangerous, the labor inspector may require the establishment of such committees even for employers with fewer than 50 employees.

When activities are conducted in territorially dispersed units, multiple workplace safety and health committees may be established. Their number is determined by the applicable collective labor contract.

According to the Labor Code, the workplace safety and health committee coordinates safety and health measures for activities lasting more than three months.

If a workplace safety and health committee is not required, its specific duties will be performed by the safety officer appointed by the employer.

The composition, specific duties, and operation of the workplace safety and health committee are regulated by government decision.

Conclusion

Employers must pay special attention to workplace safety and health, as any investment in the safety and well-being of employees is, in fact, an investment in the success of the organization.