- General provisions
(Title I - art. 1-9) - The individual employment contract
(Title II - art. 10-107) - Working time and
rest period
(Title III - art. 108-153) - Remuneration
(Title IV - art. 154-170) - Health and safety
at work
(Title V - art. 171-187) - Vocational training
(Title VI - art. 188-213) - Social dialogue
(Title VII - art. 214-235) - Collective labour agreements
(Title VIII - art. 236-247) - Labour disputes
(Title IX - art. 248-253) - Labour Inspectorate
(Title X - art. 254-256) - Legal liability
(Title XI - art. 257-2801) - Labour jurisdiction
(Title XII - art. 281-291) - Final and transitional provisions
(Title XIII - art. 292-298)
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Art. 175. [employer's duties]
(1) repealed. (2) An employer shall ensure the safety and health of the employees in all regards related to work. (3) Should an employer resort to outside persons or services, it shall not be exonerated from liability in that field. (4) The obligations of the employees in the field of health and safety at work shall be without prejudice to the liability of the employer. (5) The measures regarding the health and safety at work may never generate financial obligations for the employees.
Art. 176. [special regulations]
(1) The provisions of this title shall be supplemented with the provisions of special laws, applicable collective labour agreements and health and safety norms and standards. (2) The health and safety rules and standards may lay down: a) general health and safety measures for the prevention of the accidents at work and occupational diseases, applicable to all employers; b) work safety precautions, specific for certain professions or activities; c) specific safety precautions, applicable to certain categories of personnel; d) provisions regarding the organization and operation of special health and safety at work insurance bodies.
Art. 177. [measures and principles]
(1) Within the context of its responsibilities, the employer shall take the necessary actions to protect the safety and health of the employees, including the prevention of occupational risks, information and training measures, and measures for the organization of the health and safety at work and its necessary means. (2) The following general prevention principles shall be taken into account for the adoption and implementation of the measures provided for in paragraph (1): a) avoiding risks; b) evaluating the risks which cannot be avoided; c) combating the risks at the source; d) adapting the work to the individual, in particular as regards the design of the workplace and the choice of work and production equipment and methods, with a view, in particular, to alleviating monotonous and repetitive work, and its effects on health; e) adapting to technical progress; f) replacing the dangerous by the non-dangerous or the less dangerous; g) prevention planning; h) giving collective protective measures priority over individual protective measures; i) giving appropriate instructions to the employees.
Art. 178. [organization of health and safety at work by the employer]
(1) An employer shall be responsible for the organization of the health and safety at work activity. (2) The rules of procedure shall include rules regarding the health and safety at work. (3) When developing health and safety measures, the employer shall consult the trade union or, as the case may be, the representatives of the employees, and the health and safety committee.
Art. 179. [employee accident and health insurance]
An employer shall insure all employees against occupational accident and disease risks, under the terms of the law.
Art. 180. [mandatory employee training]
(1) An employer shall organize the employee training in the field of health and safety at work. (2) The training shall be performed regularly, in specific ways laid down by the employer together with the health and safety committee and the trade union or, as the case may be, the representatives of the employees. (3) The training provided for in paragraph (2) must be provided to new employees, those changing the workplace or type of work and those resuming their activity after a break longer than 6 months. In all such cases, the training shall take place before the actual beginning of the activity. (4) The training shall also be mandatory when the underlying legislation has been amended.
Art. 181. [guarantee of employee health and safety]
(1) The workplaces shall be organized so as to guarantee the safety and health of the employees. (2) The employer shall organize the permanent control of the state of materials, machines and substances used in the work process, with a view to ensuring the employee health and safety. (3) The employer shall be responsible for the facilities related to the provision of first aid in case of occupational accidents, for fire prevention and the evacuation of the employees in special situations and imminent danger.
Art. 182. [health and safety inspection]
(1) To ensure the health and safety at work, the body established by law may restraint or prohibit the manufacture, marketing, import or use of any kind of the substances and preparations dangerous for the employees. (2) A labour inspector may, after receiving the opinion of the occupational medicine physician, require the employer to demand from the competent bodies, against payment, analyses and expertise on products, substances and preparations deemed to be dangerous, with a view to establishing their composition and effects they might have on the human body.
Art. 183. [establishment]
(1) A health and safety committee shall be established with each employer, with a view to ensuring the involvement of the employees in the preparation and implementation of the decisions in the field of health and safety. (2) The health and safety committee shall be established with the public, private and co-operative legal persons, including foreign-owned legal persons, performing activities on Romanian territory.
Art. 184. [mandatory establishment]
(1) The health and safety committee shall be organized by legal persons with at least 50 employees. (2) Should the working conditions be difficult, unhealthy or dangerous, the labour inspector may request the establishment of such committees also for the employers with less than 50 employees. (3) If the activity is carried out in territorially dispersed units, several health and safety committees may be established. Their number shall be laid down in the applicable collective labour agreement. (4) The health and safety committee shall coordinate the health and safety measures also in the case of the temporary activities exceeding 3 months. (5) If the establishment of the health and safety committee is not required, its specific assignments shall be taken over by the health and safety manager, to be appointed by the employer.
Art. 185. [health and safety committee regulation]
The membership, specific tasks and operation of the health and safety committee shall be regulated by Government Decision. |
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