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Romania

NATIONAL OCCUPATIONAL SAFETY AND HEALTH OF ROMANIA

Maria Purcherea

March 2007

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Foreword

National Occupational Safety and Health Profile of Romania has been prepared at the request of the

International Labour Office (ILO) – SRO Budapest by the Romanian National CIS Center within the

National Institute of Research and Development for Labour Protection.

The national Profile includes information about safety and health at work legislation, infrastructures,

collaborative structures, human resources, statistics and indicators of OSH, general demographic data,

etc.

The structure of the profile follows the outline given by the ILO as closely as possible.

The profile presents the actual situation in Romania, a new integrated member of the European Union.

Thus, the characteristic features of transition can be found in the safety and health at work area which

has been continuously changing over the last few years to meet the European requirements.

There is a national effort to improve the safety and health at work and reduce work accidents and work-

related diseases at all levels.

This is a first draft report and can be further reviewed and improved.

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1. The legislative and policy framework

1.1. OSH requirements in the constitution of the country

The Constitution of Romania, promulgated in 1991 and revised by Law no. 429/2003, in article 41

includes explicite provisions on the right to work and social protection, as it follows:

(1) The right to work shall not be restricted. Everyone has a free choice of his profession, trade or

occupation, as well as place of work.

(2) All employees have the right to measures of social protection. These concern employees’ safety and

health, conditions of work for women and young people, the setting up of a minimum gross salary per

economy, weekly rest period, rest leave with pay, work performed under difficult and special

conditions, professional training, as well as other specific conditions, as stipulated by the law.

(3) The normal duration of a working day is of a maximum eight hours, on the average.

(4) For equal work with men, women shall get equal pay.

(5) The right to collective labour bargaining and the binding force of collective agreements shall be

guaranteed.

1.2. OSH Law

Law of Safety and Health at Work no. 319/2006

The Law of Safety and Health at Work no. 319/2006 transposes the Council Directive no. 89/391/EEC

on the introduction of measures to encourage improvements in the safety and health of workers at

work, published in the Oficial Journal no. L 183/1989. This Law aims at establishing measures for

promoting the improvements in the safety and health at work of workers and settles the general

principles on the prevention of occupational risks, protection of health and safety of workers,

elimination of risk and accident factors, information, consultation, balanced participation according to

law, training of workers and their representatives, as well as the general directions for implementing

such principles.

The law applies to all work areas, both public and private, with a few exceptions.

The law includes the general duties of employers and employees, as well as their collaboration in the

safety and health at work area.

To implement the provisions of the law there were elaborated the Methodological Norms of

Application that include among other things ways to register and notify the incidents, work accidents

and occupational diseases.

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1.3 Regulations covering directly essential aspects of OSH issued by the Ministry of Labour, Social

Solidarity and Family:

Labour Code (approved by Law no. 307/2003 and modified by Government Decision no.

55/2006) in title V, chapter 1, includes provisions on the duties of employers and employees as

for safety and health at work (articles 171-176) and in chapter II of the same title in the articles

177-185 the duties of the safety and health at work committees and the physicians of

occupational medicine are stipulated.

Law no. 108/1999 – on establishing and organization of Labour Inspection, republished with

the subsequent Government Decisions on the organization and work of Labour Inspection and

local labour inspectorates.

The Labour Inspection is a specialized body of the public central administration subordinated

to the Ministry of Labour, Social Solidarity and Family, having its headquater in Bucharest.

The Labour Inspection has as main aim monitoring the fulfilment of legal duties the

employers have for work relations and work conditions, protection of life, body integrity and

health of employees and other participants in the work process during the work activity.

Law no. 346/2002 on the insurance to work accidents and occupational diseases with

subsequent modifications and completions includes regulations on the insurance and

compensation of work accidents and occupational diseases, as well as the requirements for

registration and notification. In article 39, the law provides that in the insurance system for

work accidents and occupational diseases there are the following types of benefits: benefit for

temporary work incapacity, benefit for temporary work in other work place, benefit for reduced

work time, benefit during vocational training and reconversion. The compensation system of

work accidents and occupational diseases is established by the Decision of the president of the

National House of Pensions and Other Social Insurance Rights (CNPAS). The contribution to

the insurance fund of work accidents and occupational diseases is exclusivelly supported by

employers as responsibles for safety and health at work and beneficiaries of the performed

activity results and it is differenciated in accordance with the risks existing in the respective

activity.

Order of the minister of labour and social solidarity no. 187/1998 on the approval of the

Regulations of organization and functioning of the safety and health at work committies.

1.4. Laws and regulations covering aspects of OSH but issued under other ministries:

The Ministry of Public Health collaborates with the Ministry of Labour, Social Solidarity and Family to

elaborate legal regulations in the safety and health at work area. The Ministry of Public Health issued

the Order no. 803/2001 on the approval of several exposure and/or biologic indicators relevant to

establish the specific response of the human body to risk factors of occupational ill health.

Also, the Law no. 95/2006 on reform in the health area stipulates that it is the employer’s duty “to

provide the necessary funds and conditions for the medical check in accordance with the safety and

health at work regulations”.

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Other regulations in the area are issued by the Ministry of Economy and Commerce, such as the Order

no. 173 of 4 July 1999 for the approval of the Technical prescriptions on labour protection in the

activity of technical bodies ISCIR (State Inspection for the Control of Tanks, under Pressure Recipients

and Lifting Equipment) – CR 13-99.

1.5. National OSH Policy

Based on the documents of the European Union in the area, the Ministry of Labour, Social Solidarity

and Family and the Ministry of Public Health established the following objectives for the safety and

health at work policy:

1. The taking over of the communitary acquis in the area was carried out by 1 January 2007, when

Romania accessed to EU.

2. The development and consolidation of institutions with a role in implementing the provisions of

the safety and health at work legislation.

3. The development of the prevention activity for work accidents and occupational diseases by

setting up a prevention culture of occupational risks and the efficient combination of theoretical

and practical elements.

4. The development and enlargement of social dialogue structures in order to better involve the

social partners both at decisional and implementation levels.

1.6. Summary

Yes No Applied?

- identification and determination of occupational hazards ? x x

- prohibition, limitation or other means of reducing exposure? x x

- assessment of risks ? x x

- prohibition or limitation of the use of hazardous processes,

machinery, substances etc.?

x x

- specification of occupational exposure limits ? x x

-surveillance and monitoring of the working environment ? x x

- notification of hazardous work and related authorization and

licensing requirements ?

x x

- classification and labeling of hazardous substances? x x

- provision of data sheets ? x x

- provision of personal protective equipment ? x x

- safe methods for handling and disposal of hazardous waste ? x x

- working time arrangements ? x x

- adaptation of work installations, machinery, equipment and

processes to the capacities of workers (ergonomic factors)?

x sometimes

- design, construction, layout, maintenance of work places and

installations ?

x x

- provision of adequate welfare facilities ? x sometimes

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1.7. Situational analysis and recommendations

The safety and health at work has been one of the most dynamic areas from the legislation point of

view. Romania had to adjust its legislation to the requirements of the European acquis. In the last years

big changes have occurred in the regulations and organization of institutions. At present Romania has

completed its regulation in the safety and health area; much is still to be done to enforce it effectively.

The changes in legislation do not only mean new rules to be applied but also a new approach and

change of mentality and culture in the OSH practice. The enforcement of the new regulation needs both

time as well as material and human resources.

2. Compliance with international standards

2.1. Incorporation of requirements of international standards into national law and practice

A lot of international and European standards in the area were transposed into Romanian ones; the

Romanian body responsible for this activity is the Romanian Standards Association (ASRO).

As a member of ILO, Romania ratified several ILO Conventions although there are still others not

ratified yet.

The present legislation in Romania includes all European Directives in the safety and health at work

area, transposed in Government Decisions and Minister’s Orders as presented in the table at 2.2.2.

2.2. Summary

2.2.1. Degree of compliance with ILO OSH Conventions

Convention No: Ratified Provisions

incorporated

in national

law

Provisions

used as

guidance

Intention to

ratify in near

future

155 on Occupational safety and health,

1981

No

161 on Occupational health services, 1985 No

81 on Labour inspections, 1947 Yes, 1962

129 on labour inspection (Agriculture) 1969 Yes, 1975

115 on Radiation protection, 1960 No

119 on Guarding of machinery, 1963 No

127 on Maximum weight, 1967 Yes, 1975

136 on Benzene, 1971 Yes, 1975

139 on Occupational cancer, 1974 No

148 on Working environment (Air

pollution, noise and vibration), 1977

No

162 on Asbestos, 1986 No

167 on Safety and health in construction,

1988

No

170 on Chemicals, 1990 No

174 on Prevention of major industrial

accidents, 1993

No

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Convention No: Ratified Provisions

incorporated

in national

law

Provisions

used as

guidance

Intention to

ratify in near

future

176 on Safety and health in Mines, 1995 No

184 on Safety and health in agriculture,

2001

No

2.2.2. Degree of compliance with EU Directives

EU Directives

(and their individual amendments)

Requirements

transposed

entirely

Partially

transposed

Requirements

used as

guidance

Intention to

transpose in

near future

89/391/EEC "Framework Directive"

on OSH

L 319/2006

89/654/EEC on minimum safety and

health requirements for the workplace

GD 971/2006

89/655/EEC on use of work

equipment

GD 1146/2006

89/656/EEC on use of personal

protective equipment

GD 1048/2006

90/270/EEC on work with display

screen equipment

GD 1028/2006

90/269/EEC on manual handling GD 1051/2006

90/394/EEC on carcinogens GD 1093/2006

2000/54/EEC on biological agents GD 1092/2006

92/58/EEC on safety signs GD 971/2006

92/85/EEC on pregnant workers GO 96/2003

92/91/EEC on mineral-extracting

industries (drilling)

GD 1050/2006

92/104/EEC on mineral extracting

industries

GD 1049/2006

93/103/EEC on fishing vessels GD 1135/2006

98/24/EC on chemical agents GD 1218/2006

92/57/EEC on temporary or mobile

construction sites

GD 300/2006

2002/44/EC on physical agents -

vibration

GD1876/2005

2003/10/EC on physical agents - noise HG 493/2006

91/383/EEC on temporary workers yes

94/33/EC on young people Order no.

753/2006

99/92/EC on explosive atmospheres GD 1058/2006

83/477/EEC on asbestos GD1875/2005

2000/39/EC on indicative occupational

exposure limits

yes

2006/25/EC on the exposure of

workers to risks arising from physical

agents (artificial optical radiation)

Order no.

706/2006

GD – Government Decision

GO – Government Ordinance

L – Law

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2.3. Situational analysis and recommendations

Until the 1st of January 2007 when Romania became a member of the European Union the European

Directives in the safety and health at work area were transposed entirely into the Romanian legislation.

Although such legislation acts were put into force towards the end of 2006 relevant provisions in the

area had been already included in the former General Norms of Labour Protection. The abrogation of

the Labour Protection Law no 90/1996 and all the regulations deriving from it, including the General

Norms of Labour Protection and Specific Norms of Labour Protection, brought about the necessity to

elaborate safety and health at work instructions on various work activity areas.

3. Organisational frameworks and enforcement mechanisms

3.1. Competent authorities for OSH

According to the provisions of article 4 of the Government Decision no. 50/2005 with further

modifications and completion for the approval of the Regulation on the procedures, at government

level, to elaborate, notify and present the drafts of regulations for approval:

“The drafts of regulations are elaborated by authorities abilitated to initiate them obeying the provisions

of Law no. 24/2000, republished.

The following public authorities are entitled to initiate drafts of regulations in accordance with their

duties and area of activity:

a) ministries and other speciality bodies of public administration subordinated to government, as

well as autonomous administrative authorities;

b) speciality bodies of the central public administration subordinated or coordinated by ministries

– by the ministries which subordinate or coordinate them …”

Furtheron, according to the provisions of art. 4 letter L of the Government Decision no. 50/2005 with

further modifications and completion on the organization and function of the Ministry of Labour,

Social Solidarity and Family, this institution has the following duties in the safety and health at work

area:

a) elaborates policies, programs and drafts of regulations, as well as methodologies and norms on

safety and health at work;

b) approves proposals of acts elaborated by other institutions involved in the safety and health at

work area;

c) coordinates the activity of systematization, simplification and improvement of legislation in the

safety and health at work area;

d) elaborates programs on actions of national interest in the safety and health at work area;

e) notifies and appoints the bodies of conformity assessment or inspection and testing laboratories

for: industrial machines, personal protective equipment, protective equipment and systems

meant for use in potentially explosive atmospheres and explosives of civil use; publishes and

updates their list and supervises such activity;

f) elaborates and approves drafts of regulations, methodologies or procedures to implement the

system on insurance to work accidents and occupational diseases;

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g) elaborates policies and strategies in the area of insurance and prevention of work accidents and

occupational diseases;

h) approves research studies in the area of safety and health at work and analyses the topics,

programs and projects of scientific research elaborated by the institutes in the area, transmiting

the conclusions to the Technical and Economic Council;

i) abilitates legal and physical entities to provide services in the safety and health at work area.

According to the provisions of Law no. 108/1999 on the setting up and organization of Labour

Inspection and Government Decision no. 767/1999 on the approval of the Regulation of organization

and functioning of Labour Inspection, the Labour Inspection has general duty the elaboration of

proposals in order to initiate and elaborate drafts of regulations in its area of activity.

The Ministry of Labour, Social Solidarity and Family (MLSSF) is the central authority for OSH.

MLSSF is organized and functions as a special body of the central public administration subordinated

to the Government, having a synthesis role for providing and coordinating the government strategies

and policies in the areas of: labour, social solidarity, social protection and family. Among others, the

ministry is responsible for the strategy that put into practice the government program in the labour,

social protection and solidarity and family areas; provides the regulatory and institutional framework to

develop the strategic objectives in its area of activity; harmonizes the legislation in the area with the

European one etc. The figure 1 presents the organizatoric chart of the MLSSF.

The Ministry includes the Labour Inspection as subordinated body and coordinates the activity of the

National Institute of Scientific Research for Labour and Social Protection and National Institute of

Research and Development for Labour Protection.

The Ministry of Public Health regulates the area of occupational health and monitors the health state of

employees in collaboration with the MLSSF and, together with the 42 Directions of Public implements

the national policy in the area of public health and health at work.

The institutes and centres of public health provide the scientific basis of the strategy to prevent the

occupational diseases and promote the health at work, gather data on occupational diseases and send

them to the Institute of Public Health – Bucharest.

The National House of Pensions and Other Social Insurance Rights is responsible for the

implementation of the new insurance system to work accidents and occupational diseases.

OSH policy is multisectorial and multidisciplinary; thus, it requires the involvement of the government

and social partners i.e. trade unions and employers, as well as professional associations and other non-

governmental organizations whenever the case.

An important role in this area is played by the Economic and Social Council, a public institution of

national interest, having a tripartite and autonomous character. The Council is a consultative body of

the Parliament and Government in setting the economic and social strategies and policies. The Council

makes regulatory proposals in the areas of employment relations and salary policies, as well as social

protection and health protection. The Economic and Social Council has the following duties: it

completes and notifies the drafts of Government Decisions and Ordinances and laws that are to be

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passed in the Parliament; it completes and notifies the drafts of programs and strategies that are not

regulatory acts, before their approval. The Council is also responsible for meeting the duties deriving

from the ILO Convention no. 144/1976 on tripartite consultations meant to promote the application of

international labour norms.

3.2. Labour inspection services

3.2.1. Description

The Labour Inspection is a speciality body of the central public administration subordinated to the

Ministry of Labour, Social Solidarity and Family. The body is organized based on Law no. 108/1999

and Government Decision no. 767/1999 with further modifications. The Labour Inspection has as main

aim the monitorization of the legal duties met by the employers in the area of employment relations, as

well as work environment, protection of life and health of employees and other participants in the work

process during work.

The Labour Inspection subordinates the local labour inspectorates – one for each county and the city

of Bucharest, the Center of Monitoring the Units of High Occupational Risks – Criscior and the Center

of Professional Training for Labour Inspection – Botosani.

The organigram of Labour Inspection is presented in fig. 2 and the organigram of the Local Labour

Inspectorates in fig. 3.

The Labour Inspection services cover all economic area in Romania. The exceptions are the Ministry of

National Defence, military structures and structures of public servants of special statute within the

Ministry of Administration and Interior, General Direction of Penitenciaries within the Ministry of

Justice, Romanian Intelligence Service, Foreign Intelligence Service, Protection and Guard Service,

Special Telecommunication Service, as well as the National Commission of Nuclear Activity Control

all of which origanize, coordinate and control the activity of safety and health at work in their units by

means of their own services of prevention and protection or other services appointed by such

institutions.

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MINISTER

CABINET OF THE MINISTER

Information and Public Relations

SECRETARY OF STATE SECRETARY OF STATE SECRETARY OF STATE SECRETARY OF STATE SECRETARY OF STATE

PRESIDENT OF CNPAS

GENERAL SECRETARY

Figure 1 – Organigram of the Ministry of Labour, Social Solidarity and Family

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Figure 2 - The organigram of Labour Inspection

GENERAL STATE INSPECTOR

SERVICE OF INTERNAL AUDIT CONTROL BODY OF INSPECTION QUALITY

DIRECTION OF HUMAN RESOURCES

DIRECTION OF ECONOMICS AND FINANCE

DIRECTION OF PUBLIC ACQUISITIONS AND

PATRIMONY

DIRECTION OF LEGISLATION - CLAIMS

IT AND STATISTICS OFFICE

DIRECTION OF PROGRAMS, INTERNATIONAL

RELATIONS, LEGISLATION IMPLEMENTATION

AND COMMUNICATION

DEPUTY GENERAL STATE INSPECTOR DEPUTY GENERAL STATE INSPECTOR

DIRECTION OF

EMPLOYMENT

RELATIONS

CONTROL

DIRECTION OF

EMPLOYMENT RELATIONS

AND

RECORDING METHODOLOGY

DIRECTION OF

SAFETY AND

HEALTH AT

WORK CONTROL

DIRECTION OF

SAFETY AND

HEALTH AT WORK

METHODOLOGY

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Figure 3 - Organigram of the Local Labour Inspectorates

INTERNAL AUDIT INFORMATION AND PUBLIC RELATIONS

HEAD INSPECTOR

LEGAL EXECUTION

HUMAN RESOURCES IT SYSTEM

FINANCIAL

ACOUNTANCY

PUBLIC

AQUISITIONS ADMINISTRATIVE

HEAD OF DEPARTMENT LEGISLATION- CLAIMS

EMPLOYMENT

RELATIONS

CONTROL

GUIDANCE OF EMPLOYERS

AND EMPLOYEES IN

EMPLOYMENT RELATIONS

AND RECORDING

DEPUTY HEAD INSPECTOR DEPUTY HEAD INSPECTOR

SAFETY AND

HEALTH AT

WORK CONTROL

GUIDANCE OF EMPLOYERS

AND EMPLOYEES IN SAFETY

AND HEALTH AT WORK AREA,

AUTHORISATIONS

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General description of roles

The Labour Inspection has the following roles:

a) In the employment relation area the Labour Inspection controles the application of general and

special regulations, as well as the compliance with the clauses included in the collective and individual

agreements on:

access on the labour market and employment of persons without any discrimination;

settle, modify, perform, suspend and cease employment relations;

settle and provide the employees’ rights for the employment period;

employment of young people, children, women and other categories of persons protected by law.

b) In the safety and health at work area:

controls the compliance of legal provisions on the safety and health at work in order to prevent work

accidents and occupational diseases;

controls the existence and development of prevention and protection plans and in case of temporary

and mobile sites, the safety and health plans;

provides market surveillance for its areas of competence;

demands the conformity of work equipment that do not comply with the minimum safety

requirements;

investigates the events in accorandance to its competences, notifies the investigation, settles or

confirms the type of accident;

demands the ceasing of activity or suspension of work equipment whenever a serious and imminent

danger of accident or occupational disease for the workers participating in the production process or

for other persons;

demands measurements and determinations, examines, samples of products and materials within the

enterprise and outside it in order to explain the hazardous situations;

controls and guides the training activity in the safety and health at work area;

provides the employers their functioning authorization from the safety and health at work point of

view;

gives authorization for the storing, transport and use of explosives;

analysis the activity of external services of prevention and protection and, if the case, proposes the

withdrawal of abilitation;

initiates proposals addressed to the Ministry of Labour, Social Solidarity and Family to improve the

existing regulations and elaborate new regulatory acts in the area;

coordinates together other institutions the system of reporting and evidence of work accidents and

occupational diseases.

Qualification and training

In accordance with the GD no. 252/2001 the position of labour inspector implies technical, legal,

economic, psycho-sociological or medical university studies. The position of labour inspector is a

public one and a test must be passed before hiring in accordance with GD no. 1209/2003. When

starting their activity the labour inspectors of safety and health at work are trained in a training program

of 6 modules organized at the Professional Training for Labour Inspection – Botosani.

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Further access to training education

After the training program other programs on different speciality areas are organized to meet the

training needs of labour inspectors in the safety and health at work area, as well as the subsequent

regulation changes in the legislation.

The main objectives of Labour Inspection include:

Check the inforcement of legal provisions on employment relations, safety and health at work,

protection of workers that work in special environments, as well as the legal provisions on social

insurance.

Inform the competent authorities on the deficiencies related to the correct application of the

regulations in force.

Provide information to the interested parties about the most efficient means to obey the labour

legislation.

Provide technical assistance to employees and employers to prevent occupational risks and social

conflicts.

Initiate proposals addressed to the Ministry of Labour, Social Solidarity and Family to improve the

existing regulations and elaborate new regulatory acts in the area.

According to provisions of article 4 of the Government Decision no. 767/1999 on the approval of the

Regulation of organization and functioning of Labour Inspection,

“The Labour Inspection, by means of its own personnel, can perform services in the safety and health

at work area at the interested parties’ request:

a) technical assistance to elaborate programs of occupational risk prevention;

b) expertise of physical and legal entities in order to issue the functioning authorization as for

labour protection, revised the authorization whenever the initial conditions are changed;

c) expertise and analysis in order to issue the authorization for manufacturing, storing, transport,

trade and use of toxic and explosive substances;

d) consultancy on managerial methods and means to apply the legal provisions to their work

environment;

e) organize courses, consultancy and specialty assistance for training the personnel working in the

labour protection area;

f) consultancy and speciality assistance to assess the level of risk in order to set prevention

programs of work accidents and occupational diseases;

g) organize training courses of risk evaluators ;

h) consultancy for elaborating instructions of safety and health at work;

i) analysis, expertise and technical assistance on activities specific to mining sector and use of

explosive materials;

j) analysis and approval of documents referring to equipment of potentially explosive

environments;

k) measurements and determinations of work environments parameters by sampling of products

and materials to quantify the risk of occupational ill health or accidents.

16

Financial resources

The Labour Inspection is financed from the state budget. To carry out its objectives in 2006 the funds

allocated to the Labour Inspection were of approximately 54,880,204.5 Euros.

Furthermore, according to Law no. 108/1999 the labour inspectors have the following rights:

a) have free access permanently and without previous notice to the location of the legal entity and

to any other work place organized by this;

b) ask the employer of the legal or physical entity the necessary documents and information to

develop the control or perform the inquiry of work accidents;

c) obtain the evidence, make investigations or examinations, demand the documentation that is

considered necessary, make measurements or take samples of the used substances in the

production process;

d) impose that the findings are immediately remediated or in a limited period of time;

e) ask whenever the case the modification of plants or technical processes if they not provide the

safety of workers at the work place;

f) demand the immediate ceasing or suspending of work processes whenever there is an imminent

danger of accident or occupational disease for the workers participating in the production

process or for other persons;

g) appeal to agreed bodies to check the work places or the used materials;

h) take measures whenever the employer does not meet his/her legal obligations;

i) notify the court on the cases considered infringement of the law;

j) enter all places implying risks for the safety and health of workers;

k) ask for information from any person and on any issue that represent the object of control;

l) propose the withdrawal of authorization as for safety at work if he/she finds out that the

modification of conditions do not meet the provisions of the legislation in force.

The measures taken by the labour inspectors can appealed in court or administratively as provided by

law.

Taking into account the legal provisions in force, the labour inspectors have duties on information,

training, councelling given to employers and employees. They find and settle contraventions in the

OSH area, apply contraventional fines or warnings, as the case, and make proposals to be taken to court

in accordance with legal provisions.

At present, the fines applied by the labour inspectors go entirely to the state budget.

In the regulation area in 2007 the Labour Inspection is to present to the Ministry of Labour, Soicial

Solidarity and Family a proposal of draft to modify and complete the Law no. 108/1999 on setting up

and organization of Labour Inspection.

3.2.2. Case study

The following table makes a presentation of the inspection steps and procedures used in the process of

inspection in Romania.

17

STEPS IN THE OSH INSPECTION PROCESS

PLANNING INSPECTION VISIT FOLLOW UP ACTIVITIES

Choice of

the unit to

be inspected

Preliminary

activities

Inspection

performance

Completion of

inspection visit

Inspection

coordination

Monitor the

application of

requirements

Completion of the

inspection process

the labour

inspector

chooses the

unit to be

checked

taking into

account the

risks,

statistical

data, type of

industry and

then makes

clear the aim

of the

inspection;

the labour

inspector

gathers

information

from various

sources.

the labour

inspector plans

the inspection in

detail;

the labour

inspector

verifies issues

on the unit to be

inspected in the

data base;

the labour

inspector

elaborates an

inspection

strategy;

the labour

inspector

notifies the

inspection visit.

Generally, the

employer shall

be notified

beforehand

about the

inspection visit.

the labour inspector

contacts the employer

or his/her

respresentative.

Generally, an

employer’s

representative shall be

present during the

inspection visit;

the labour inspector

contacts persons

having duties in the

labour protection area

in the unit; generally,

they or other workers’

representatives shall

be present during the

inspection visit;

the labour inspector

decides if interpreters

are necessary to carry

out the inspection

visit;

the labour inspector

concludes the

inspection visit with an

assessment of the

safety and health at

work state and the

necessary activities to

mentain the optimum

conditions for the work

environment. The

labour inspector

informs the employer

on the visit results;

the labour inspector

informs the employer

about the content of

the inspection report or

about the possible

continuation of the

investigations that

represented the object

of inspection;

the labour

inspector registers the

inspection documents

as soon as possible;

the labour

inspector addresses

the inspection report

to his/her legal

employer;

the labour

inspector describes

the findings clearly

and precisely and

settles clear

requirements for their

remedy;

the labour

inspector clearly

specifies in the

inspection report the

legal provisions the

requirements are

based on with the

chapters and articles

involved and the

name of the legal act;

the labour inspector

contacts the employer

if the local labour

inspectorate does not

receive an answer to

the report;

the labour inspector

writes down the

employer’s answer in

his/her register. This

applies to a verbal

answer from the

employer as well as to

a check made at a

further inspection;

the labour inspector

makes sure that when

the deadline is

posponed at employer’s

request, this is written

in the register;

the labour inspector

verifies if the

requirements have been

met before the

completion of the

inspection process;

the labour inspector

completes the

inspection process

when he/she considers

that the requirements

have been performed.

Generally, the

employer shall be

notified about it.

18

PLANNING INSPECTION VISIT FOLLOW UP ACTIVITIES

Choice of

the unit to

be inspected

Preliminary

activities

Inspection

performance

Completion of

inspection visit

Inspection

coordination

Monitor the

application of

requirements

Completion of the

inspection process

The inspector

mentiones the

names of

persons to

participate in the

inspection visit;

the labour

inspector takes

the documents

and forms that

are necessary in

the course of the

inspection visit.

the labour inspector

starts the visit by

presenting and

explaining the aim and

plan of the inspection,

as well as the

estimated duration of

it;

the labour inspector

makes sure that the

legal name of the

employer or the one to

be checked is

correctly and

completely written in

the inspection

documents;

the labour inspector

shall obey the norms

of labour protection

inforced in the unit

and ask for personal

protective equipment

in the work places to

be inspected;

the labour inspector

decides if the findings

need an immediate

interdiction or

notification of further

interdiction;

the labour inspector

decides whether fines

can be applied or the

findings represent

infringements and law

must be applied. The

labour inspector

informs the employer

about the continuation

of the process;

the labour inspector

decides if requirements

during inspection must

be drawn. Such

requirements must be

in written form;

the labour inspector

settles the deadlines

the employer has to

comply with.

the labour

inspector demands in

the inspection report

that the local labour

inspectorate is

notified up to a

certain date about the

measures which are

adopted and/or

planed in order to

remedy the findings

and answer the

requirements;

the labour

inspector makes sure

the report includes

the time of the

inspection, the name

of those involved and

their position;

the labour

inspector signs the

report and registers it

in the local

inspectorate archive;

the labour inspector

evaluates the quality of

the employer’s written

answer. Whenever the

requirements were not

met or were partially

met, the labour

inspector shall notify

the employer about the

action in court.

19

PLANNING INSPECTION VISIT FOLLOW UP ACTIVITIES

Choice of

the unit to

be inspected

Preliminary

activities

Inspection

performance

Completion of

inspection visit

Inspection

coordination

Monitor the

application of

requirements

Completion of the

inspection process

the labour inspector

offers information

materials related to

regulation acts on

work environment of

the unit;

the labour inspector

writes down the

comments and

observations relevant

for the completition of

the inspection,

including the

disorders that were

fixed during the

inspection visit;

the labour inspector

writes down further

information that occur

after the inspection

visit.

the labour

inspector sends the

inspection report as

soon as possible and

has the

acknowledgement of

the receipt;

the labour

inspector modifies

the requirements of

the report in written if

new data occur that

make the initial

requirements no

longer adequate. The

labour inspector

informs the employer

about such

modifications in a

written form.

20

3.2.3. Summary:

Summary of labour inspection services

Total number of staff in labour inspection services 3,405

Number of inspectors, out of which: 1,599*

- employment relations 989

- safety and health at work 568

HQ versus total staff (%) 5.68

OSH versus employment inspections (e.g. 100:0, 50:50, 45:50…) 48:52

Percentage of economically active population covered by labour

inspection services

Not available

data

Inspectors/1,000 enterprises Not available

data

Inspectors per 1,000 employees 0.34

Inspections/1,000 workers/year 11.88

Visits by one inspector per year Not available

data

Inspectors per computer 0.70

Internet access? yes

Inspectors per office car 7.2

Own car used ? yes

Own care used remunerated ? yes

Inspector salary versus minimum wage (number of time more than

minimum wage) in accordance with GD no. 1825/2006 (1288 lei/390

lei)

3.3

Average inspector salary versus average salary used at substantiating

the budget of state social insurance on 2007, according to Law no.

487/2006 (1693 lei/1270 lei)**

1.3

Inspector salary versus private sector salary (worse, same, better ?) Not available

data

Average age of inspectors 42

Annual report produced for public (yes/no) yes

* Note: The total number of inspectors also includes the head inspectors.

** Note: The web page of the National Institute of Statistics does not include data on the salary of

private sector so the average salary used at substantiating the budget of state social insurance on

2007, according to Law no. 487/2006 was taken into consideration.

21

3.3. Occupational Health Services

3.3.1. Description

Each employer is obliged to organize health services for their employees. The organization and

content of services need to be based on a company-wide plan, and in the case of external service

providers, on a formal contract between the employer and the service provider. Workers and/or their

representatives have the right to participate in the planning of OHS for the work place.

At present in Romania there are several insurance systems:

Public system of health insurance

Public system of social insurance

Public system of insurance to work accidents and occupational diseases

System of private health insurance

Services of occupational medicine in private system.

The basic unit of OHS is established in compliance with the settled legislative criteria: at the level

of the enterprise, group of enterprises, National Institute of Public Health, private medical

organizations, clinics for occupational diseases, authorities of public health – OH office. Their

activity is a curative and preventive one.

Another public institution having authority on the activity of occupational medicine physician is the

Local Authority of Public Health within the Ministry of Public Health that authorizes/notifies and

controls the quality of medical services provided to the workers at the work place and develops the

professional training in the occupational medicine area. The coordination at the national level and

issue of regulations for occupational medicine activity is the duty of the Ministry of Public Health

(Law 319/2006 art. 46, para. B, c).

The basic activity of the occupational medicine service consists in:

Monitoring and evaluation of risks in the working environment

Preventive medical check up

First aid, treatement, if necessary, rehabilitation of occupational diseases, injuries and work

related diseases

Prevention, detecting, monitoring and reporting of occupational diseases, work related diseases

and injuries at work

Health surveillance and promotion of health at work

Health education and training of employees

Registering of data for the infomational system

The position of occupational medicine physician can be performed by the specialist or senior

occupational medicine physician. Training for occupational medicine physicians is made in the

University of Medicine – where there is training for specialization in occupational medicine, post

graduate master program, PhD program and sub specialization in occupational medicine. The

training program is approved by the Ministry of Public Health and the Body of Physicians in

Romania and confirmed by taking the specialty test (Law 418/2004, art. 1 and 2).

22

The occupational medicine physician can have a position in the public and/or private sector. The

occupational medicine physician is independent in performing his/her profession (Labour Code art.

184, para. 2, Law 418/2004, art. 27, 32 and Code of Medical Deontology, art. 9). According to Law

418/2004 the occupational medicine physician is the main councellor of employer and workers’

representatives in the matter of promoting the health at work and improving the work environment

as for health at work.

There is no nursing speciality in the occupational health area at the nursing college. Training for

nurses in occupational health is made through Nurses National Central for Skill Improvement.

There are short specific courses in OHS and an official training program in OHS.

Training for other OSH personnel is made under the Ministry of Labour, Social Solidarity and

Family.

3.3.2. Summary of key activities

Activity (functions) YES (on

compulsory

basis)

YES (on

voluntary

basis)

NO

Workplace surveys, workplace visits, exposure assessment X

Risk assessment and management X

Preventive health examinations (general surveillance) X

Risk-based health surveillance X

Registration of health data, reporting of occupational diseases

and injuries

X

Workplace health promotion, health education, councelling X

Rehabilitation X

First aid, accident management X

Curative services X

Education, training, information campaigns X

Quality assurance of occupational health process, audits X

Safety inspections X

Initiatives and advice for management of workplace safety

and health, safe workplace design

X

23

3.3.3. Summary of occupational health professionals

Number of occupational health physicians (full-time equivalents) 600 full

training

and 2000

part

training

Number of occupational health physicians/1,000 employees No

information

Number of occupational health nurses (full-time equivalents) 600 trained

Number of occupational health nurses/1,000 employees No

information

Number of private OSH services none

Number of companies with own OSH service No

information

Number of public OSH centres (for example at municipal level) none

National Institute of Occupational Health ? no

Percentage of economically active population covered by occupational health services ? No public

information

3.4. Other enforcement agencies or institutions

There are special technical bodies which control the reliability and safe operation of machinery and

equipment in various industries, such as: construction (State Inspectorate in Constructions – a

technical body that controls the discipline in urban structures and the authorization in construction,

as well as the unitary application of legal provisions in the construction area); under pressure and

lifting equipment (State Inspection for the Control of Tanks, under Pressure Recipients and Lifting

Equipment – technical body that controls and authorizes the above mentioned equipment) etc.

3.5. National advisory bodies on OSH

3.6. Occupational Accident and Disease Insurance

The National House of Pensions and Other Social Insurance Rights (CNPAS) is in charge with the

national insurance system to occupational accidents and diseases and the specific insurance duties

to occupational accidents and diseases are performed by the local houses of pensions.

CNPAS manages, administrates, coordinates and controls the whole activity of insurance to

occupational accidents and diseases.

Insurance to occupational accidents and diseases is part of the social insurance system, is

guaranteed by the state and includes specific relations that provide social protection against the

following categories of occupational risks: loss, reduction of work capacity and death as

consequence of occupational accidents and diseases.

As provided by Law 346/2002 on insurance to occupational accidents and diseases, such insurance

is substantiated on the following principles:

- the insurance is compulsory for each employer that uses work force with individual labour

contract;

- the insurance fund to occupational accidents and diseases is made up of differentiated

contributions supported by employers, in accordance with occupational risks.

24

The contribution to insurance of occupational accidents and diseases is settled in accordance with

“Decision no. 176/2007 on the approval of Methodological norms of calculating the contribution to

insurance of occupational accidents and diseases’ and is supported by the employers and calculated

according to the risk classes based on statistical data during the reference period in the activity area.

The risk quote is between 0.4-3.6% of the total monthly salary fund.

The contribution is settled so that it covers the cost of services for the insured cases, expenses for

the prevention of occupational accidents and diseases, as well as administrative costs.

The system of insurance to occupational accidents and diseases uses a software including the data

base on occupational accidents and diseases which have been registered since 01.01.2005 and

which allows the monitorization and statistic analysis of the occupational accidents and diseases. It

is also necessary for the implementation of preventive measures.

Under this law the insured persons are: workers with individual labour contract, civil servants,

members of cooperatives, unemployed persons during their vocational training, students and

apprentices during their vocational practice etc.

The insurance system to occupational accidents and diseases is a separate system from the other

social insurance ones, covering 100% of active employed population, except the workers employed

in military structures.

A list of occupational diseases and work related diseases has been established based on the World

Health Organization list and recommendations of the European Community. The list is included in

Annexes no. 22 and 23 of Methodological norms of application the Law on safety and health at

work no. 319/2006. It is an open list of over 100 of diagnosis entities.

The insured persons to occupational accidents and diseases have the right to the following services:

- medical rehabilitation and recovery of work capacity;

- rehabilitation and professional reconversion;

- benefit for temporary work incapacity;

- benefit for temporary change of the work place;

- benefit for the reduced work time;

- benefit in case of death;

- reimbursement of expenses;

- compensation allocated to persons whose integrity is permanently affected and have a loss of work

capacity between 20-50%.

The worker recently diagnosed with asbestosis benefits of periodical medical surveillance in the

clinics/centres of occupational medicine, medicines for the medical consequences of the disease,

surgery in case of mesothelioma, compensation for loss of integrity, benefit in case of death,

25

recommendation for change of the work place and professional reconversion, and, if the loss of

work capacity is over 50% the person is pensioned.

3.7. OSH information

All the authority bodies in the OSH have information elements on their agendas.

Ministry of Labour, Social Solidarity and Family

The website of the Ministry of Labour, Social Solidarity and Family include information on

occupational safety and health issues and present legislation in the area.

www.mmssf.ro

Ministry of Public Health

The website of the ministry is www.ms.ro

Labour Inspection

The Labour Inspection has own website emphasizing practical information on inspection issues and

OSH legislation.

The website is: www.inspectmun.ro and www.inspectiamuncii.ro

National Institute of Research and Development on Labour Protection

The Institute disseminates information through its magazine ‘Risk and Safety at Work’ and books,

as well as manuals, brochures, codes of practice on occupational safety and health. The institute

also publishes guidebooks, testbooks and information leaflets on special aspects of occupational

health and safety intended not only for occupational health and safety experts, but also for work

places and the general public. Technical safety sheets are prepared for chemical substances.

The website of the Institute is available at www.inpm.ro.

The Romanian CIS Center functions within the National Institute of Research and Development on

Labour Protection. The CIS Center is an active member of the ILO. It can be contacted at:

cis_inpm@rnc.ro.

The Institute also houses the Focal Point of the European Agency for Safety and Health at Work

which has an active role in disseminating a lot of OSH information on its website

www.protectiamuncii.ro.

Information on EU legislation, initiatives and funds is available on the website of the Ministry of

European Integration www.mie.ro and the European Institute of Romania: www.ier.ro.

3.8. Specialized technical, medical and scientific institutions with linkages to various aspects of

OSH

The OSH-related activities are to be found in a number of institutions covering issues in the area

such as:

26

The Technical University of Petrosani which includes university and PhD degrees in labour

protection. The labour protection as a university subject is studied in other technical universities as

well.

The University of Medicine in Bucharest has a course in occupational medicine and PhD degree for

physicians.

The specialized Institute in the occupational safety and health at work is the National Institute of

Research and Development on Labour Protection in Bucharest. The Institute undertakes studies and

researches in risk assessement, ergonomics, chemical, physical, biological risks; it is also a training

centre for the specialists in the occupational safety and health area.

The Institute of Public Health has a department of occupational medicine which provides the

scientific substantiation of health policy and strategy in the area of preventing the occupational

diseases, develops studies in the occupational medicine area, elaborates drafts of norms,

methodologies and instructions on the workers’ health state, participates in the speciality medical

education and training in occupational medicine and the management of occupational health

services, etc.

ASRO is the Romanian Standards Association which represents Romania and participates in the

international and European non-governmental standardization bodies, namely in the International

Organisation for Standardization (ISO), the International Commission for Electrotechnics (CEI), the

European Committee for Standardization (CEN), the European Committee for Standardization in

Electrotechnics (CENELEC) and the European Institute for Standardization in Telecommunications

(ETSI). ASRO is the Romanian source for all international standards and drafts, for European

standards and drafts; ASRO also distributes other foreign standards and technical regulations.

3.9. Coordination and collaboration

The occupational safety and health authority is the Service for Occupational Safety and Health of

the Ministry of Labour, Social Solidarity and Family. It is responsible for policy making under the

supervision of the minister of labour, social solidarity and family. The OSH Service coordinates the

policies and activities at the national level mostly in ad-hoc negociations with other ministries and

social partners.

All key policies and activities related to work life, occupational safety and health and social security

are negociated between the three partners (government, employers and trade unions) and

agreements are usually made on a consensus basis. The leading role of the government arises from

the efforts to reach consensus, and the legislative power that is subject to parliamentary approval

and control.

3.10. Situational analysis and recommendations

Strengths:

There are already in place structures within the Ministry of Public Health and Ministry of

Labour, Social Solidarity and Family that can develop actions of promoting and informing the

occupational medicine.

There are already in place strategies including information and promotion of OSH at the level of

Ministry of Public Health and Ministry of Labour, Social Solidarity and Family.

27

There is a clear, general understanding of specialist/occupational medicine physician

impartiality.

There is already in place a local expertise based on successful European experience.

There is already in place a functional model of practice as for pluridisciplinary teams that can be

used as source or model for future promotion and information activities.

Weaknesses:

Lack of other specialists besides occupational medicine physicians and labour protection

engineers, namely: ergonomists, nurses of occupational medicine and industrial hygiene,

occupational psychologists.

Lack of funds for such activities.

Lack of adequate communication among specialists working in the same institution.

Low number of occupational medicine physicians as compared to the total number of

inhabitants.

Lack of professional training for health promotion at the level of occupational medicine

physicians.

Lack of collaboration between relevant social partners in this type of activity (employers’

organizations, trade unions).

There is no culture for promoting health at work.

Limited access and use of information at the levels of the Directions of Public Health, institutes,

and public health centers.

Lack of information available to workers.

Gaps relating to organizational and enforcement framework:

Regulations are changed too often at short intervals of time.

Lack of motivation (salary) for occupational medicine physicians to develop such activities.

Uncertain status of occupational medicine as compared to other specialities.

Migration of occupational medicine physicians from the public system to private services or

even to other specialities for lack of motivation.

Failure to understand importance of information on the health state at the work place.

4. The role of the social partners in OSH

4.1. Social partners’ programmes on OSH

The Romanian tripartite collaboration is good and the collective agreement process has enjoyed

support from all the three parties, the government, employers and employees. The collective

agreement is signed once a year and has a very wide coverage.OSH elements are nearly always

included in the collective agreements. The most important outcome of these agreements is the

special agreement on occupational safety and health.

4.1.1. Employers’ organizations

Employers’ organizations are very well represented in Romania at industry and national level. The

main organizations are: Romanian Association of Constructions Entrepreneurs (ARACO), National

Council of Private Small and Medium Entreprises in Romania (CNIPMMR), National

28

Confederation of the Romanian Employers (CNPR), Employers’ Confederation of Industry,

Services and Commerce (CPISC), National Council of Romanian Employers (CoNPR), Romanian

Employers’ Organization (PNR), General Union of Romanian Industrialists (UGIR), UGIR 1903,

Employers’ Organization of Romanian Industry (CONPIROM), National Union of Romanian

Employers (UNPR).

4.1.2. Workers’ organizations

In Romania there are 5 confederations of trade unions at national level. One of the most

representative is CNS Cartel Alfa made up of 41 professional federations and 5 associated

organizations. It includes over 1,000,000 members. At national level the percentage of the

workforce that is unionized is aproximately 50% of the total workers, althought exact data are not

available. As for the OSH policies and programs, the trade unions consider that such policies are

wrong, having no clear and measurable objectives. It only settles the duties of the envolved

institutions as the nucleus of the strategy. In the trade unions’ view the strategy should envisage the

work conditions, health and safety at work of workers and not only specify the role of the

institutions involved. Actually, the occupational health and safety at work activity is only the

employers’ responsibility that, according to European legislation and the collective agreement are

obliged to organize the OSH activity.

As for the trade union involvement in the OSH activity, it is important if there is a trade union

organization in the enterprise. In some companies there no trade unions and the workers are not

organized, so their interests in the safety and health at work cannot be represented. Where such

trade unions exist their representatives can be implied in OSH activities, but their implications and

efficiency are difficult to evaluate.

OSH has become more and more important in such aspects as: when starting work, whenever the

workers are interested in the risks they are exposed to or whenever a new risk occurs. It is the

employer’s duty to, according to the national collective agreement, inform the workers on the risks

they are exposed to. The workers’ rights are not part of the employer’s duty, the later having

sometimes opposed interests. Furthermore, besides the workers that are not unionized in Romania

there are also unionized workers who are afraid of their employer and unemployed workers. Thus, a

big part of the adult population is exposed to OSH risks. Moreover, the workers in the informal

economy, or agriculture etc. are not recorded as having work accidents therefore, they cannot

receive work accident compensations.

4.2. Participation at national, sectoral and enterprise levels

4.2.1. Participation in national tripartite committee for OSH

The Economic and Social Council is a tripartite council, but it does not deal only with OSH issues.

The Commissions of Social Dialog within ministries are such bodies that can take into account the

OSH policy, although there is no body whose activity is restricted strictly to OSH area.

4.2.2. Bipartite committees

The representatives of the employers’ organizations and trade unions participate in common

meetings whenever there is a common issue to be dealt with.

In accordance with the organization of employers’ and trade unions’ confederations the feed-back

from the regional level is taken into consideration in the meetings at the national level. Some of the

29

trade unions have subsidiaries in each county and the sectoral issues are the object of consultations

with the local members so that their points of view are integrated at central level.

4.2.3. Participation at enterprise level

The Law 319/2006 stipulates that it is the employer’s duty to inform the workers on the risks they

are exposed to during work time. Moreover, the participation and consultation of workers in OSH

issues are also included. The employer appoints one or more workers that are responsible for OSH

issues and they have the right, according to law, to make proposals on OSH.

4.3. OSH in collective bargaining

In Romania there is a Collective Agreement which is the result of bipartite negociations and the

final form is then adopted by the Government. The present Collective Agreement was signed for the

period between the years 2007 – 2010; the provisions concerning the OSH issues are negociated

annually.

In accordance with art. 36 of the Collective Agreement, the companies having at least 50 employees

have the duty to set up a health and safety at work committee made up of an equal number of

employers’ and employees’ representatives, but the number of companies having more than 50

employees represent a low percentage of the total number of companies. The Collective Agreement

stipulates that it is the employer’s duty to inform the employees when starting work about the risks

they can be exposed to. The specific conditions on the OSH measures are provided at company

level; the Collective Agreement does not include specific provisions in the area, so that it does not

limit such measures.

4.4. Summary

4.4.1. Summary of individual employer responsibilities

Does the employer have the responsibility to: Provided for in

law? (yes/no)

Generally taken

up in practice ?

(yes/no/sometimes)

- establish an OSH policy ? Yes, L 319/2006 sometimes

- implement preventive and protective measures ? Yes, L 319/2006 yes

- provide safe machinery and equipment ? Yes, L 319/2006 yes

- use non-hazardous substances ? Yes, L 319/2006 yes

- assess risks and monitor them ? Yes, L 319/2006 sometimes

- record risks and accidents ? Yes, L 319/2006 yes

- report occupational accidents and diseases to the

competent authority ?

Yes, L 319/2006 yes

- ensure health surveillance of workers ? Yes, L 319/2006 yes

- inform workers on hazards and the means of

protection ?

Yes, L 319/2006 yes

- consult with worker representatives on OSH ? Yes, L 319/2006 sometimes

- educate and train workers ? Yes, L 319/2006 yes

- establish joint OSH committees ? Yes, L 319/2006 yes

30

4.4.2. Summary of workers’ rights and duties

Does the worker have the: Provided for in

law? (yes/no)

Generally taken

up in practice?

(yes/no/sometimes)

- duty to work safely and not endanger others ? Yes, L 319/2006 yes

- right to compensation for hazardous work (e.g.

hazard pay, reduced working time, earlier retirement,

free foods and drink to combat the effects of exposure

to hazards)?

Yes, L 319/2006 yes

- right to be kept informed about workplace hazards ? Yes, L 319/2006 yes

- right to be provided with personal protective

equipment and clothing ?

Yes, L 319/2006 yes

- right to incur no personal costs for OSH training,

personal protective equipment etc. ?

Yes, L 319/2006 yes

-duty to make proper use of personal protective

equipment?

Yes, L 319/2006 yes

- right to select worker OSH representatives ? Yes, L 319/2006 yes

- right to remove themselves from danger in case of

imminent and serious risk to health ?

Yes, L 319/2006 yes

- duty to report to the supervisor any situation

presenting a threat to safety ?

Yes, L 319/2006 yes

4.4.3. Summary of worker OSH representatives’ rights and responsibilities

Do worker representatives have the right to: Provided for in

law? (yes/no)

Generally taken

up in practice?

(yes/no/sometimes)

- inspect the workplace for potential hazards ? Yes, L 319/2006 yes

- investigate the causes of accidents ? Yes, L 319/2006 yes

- investigate complaints by workers relating to OSH or

welfare ?

Yes, L 319/2006 yes

- participate in risk assessments and access to

information concerning risk assessments ?

Yes, L 319/2006 yes

- call the authorities responsible for OSH inspections? Yes, L 319/2006 sometimes

- participate in/submit observations to inspectors

during inspection visits to the work site ?

Yes, L 319/2006 sometimes

- information given by inspection agencies responsible

for OSH ?

Yes, L 319/2006 yes

- access to the list of accidents and diseases and

reports of these in the enterprise ?

Yes, L 319/2006 yes

- access to records the employer is obliged to keep ? Yes, L 319/2006 yes

- receive information and consultation by the employer

in advance concerning measures which may

substantially affect OSH ?

Yes, L 319/2006 yes

- consultation in advance concerning the designation

of workers or hiring of external services or persons

with special responsibility for OSH ?

Yes, L 319/2006 yes

31

Do worker representatives have the right to: Provided for in

law? (yes/no)

Generally taken

up in practice?

(yes/no/sometimes)

- submit proposals to the employer with view to

mitigating risks and/or removing sources of danger ?

Yes, L 319/2006 yes

- appropriate training during working hours ? Yes, L 319/2006 yes

- facilities and time off with no loss of pay to be able

to carry out their duties as OSH representatives ?

Yes, L 319/2006 yes

- attend meetings of the OSH committee ? Yes, L 319/2006 yes

- access to outside experts ? Yes, L 319/2006 sometimes

- stop dangerous work on behalf of workers ? Yes, L 319/2006 yes

5. Regular and ongoing activities related to OSH

5.1. Promotional OSH programs and activities

In recent years there have been several national campaigns to improve the level of prevention and

protection and of awareness among workers in various fields: construction, industry, etc. organized

by the Labour Inspection.

Each year in October the Safety and Health Week is coordinated by the European Agency on Safety

and Health at Work, through its Focal Point in Romania. The themes approached in the last years

were about musculo-skeletal disorders, ocupational risks in construction, noise as occupational risk,

work of the young people.

A theme of interest has been the elimination of hazardous child labour which has been dealt with in

various programs and activities aiming at rising awareness and responsibility of authorities,

employers and parents. Thus, Romania participates actively in the International Programme for the

Elimination of Child Labour.

The World Day of Safety and Health at Work is organized annually on 28 April by the Labour

Inspection with the participation of all social partners.

5.2. International capacity building, technical cooperation activities directly related to OSH

Romania has benefited from various international programmes in the area of heath and safety at

work. Several exemples of such projects in the area developed by the Labour Inspection are

presented below.

In the general context of Romania’s integration into European Union, the Labour Inspection has

benefited from the support of the European Commission to strengthen the administrative capacity in

the safety and health at work area.

Thus, during the years 2001-2002 the institution developed two PHARE projects of institutional

twinning with partners from France and Sweden.

1. PHARE project RO/IB/99/CO/01 – “Strengthen the institutional capacity of labour

inspection” developed in collaboration with the Authority for the Work Environment in Sweden.

32

The aim of such project was to strengthen the institutional capacity of labour inspection in order to

implement the communitary acquis in the safety and health at work area.

The results of the project were:

Improvement of the Labour Inspection management by training 45 public servants of the top

local and central management in a ten days’ course and by adopting the Policy on management

acting for Labour Inspection.

Alignment of principles and methods of inspection to the good practices of the Member States in

the European Union by:

- Elaboration of the Manual of inspection methods (printed in 1,000 copies), an instrument of

control at the disposal of labour inspectors.

- Testing the Swedish campaign model as method of inspection by organizing and developing A

pilot awareness campaignon the risks of exposure to wood dusts in the work environment. The

campaign was developed in 20 economic units of 5 counties – Neamt, Brasov, Valcea, Cluj and

Prahova. Thus, 20 labour inspectors were trained, a seminar of analysis for the registered results

was organized and the final report was distributed to the local labour inspectorates as a model of

good practice.

Elaboration of National Program of Training for Labour Inspectors in the Safety and Health at

Work Area, for the period 2002-2007. The development of this program was supported by the

Center of Professional Training for Labour Inspection – Botosani where there were trained 30

labour inspectors as trainers, who in their turn trained more than 400 labour inspectors within 6

training modules on: communication; physical, chemical, biological, ergonomic and psycho-

social risks; risk assessment; safety of machinery and systems of machinery.

Elaboration of a Guide of Good Practices Addressed to the Employer to Reduce the Exposure to

Harmful Chemical Agents at the Work Place (printed in 5,000 copies). The Guide was presented

to the labour inspectors at the training courses and was distributed to the employers by the labour

inspectors.

2. PHARE Project RO/99/IB/OT01, “Design of a protection system for workers exposed to

dangerous agents at the work place” developed in collaboration with the Ministry of Labour and

Solidarity of France.

The objectives of the project were:

- Transposition in the General Norms of Labour Protection of the specific Directives of the

European Union on exposure to asbestos, noise, biological, carcinogen and chemical agents;

- Elaboration of national policy to prevent the occupational risks;

- Development of a pilot center in the health area as reference model for other similar institutions as

for its results.

The results of the project were:

33

Modification and completion of the General Norms of Labour Protection by transposing several

European Directives on chemical, carcinogenic, biological agents, asbestos and noise.

Elaboration of the document on the national policy of prevention in the safety and health at work

area by which the directions of action and strategy in the safety and health at work area for the

period 2002-2006 were settled.

Development of a culture of occupational risk prevention based on:

- Development of a communication system for the performance and dissemination of information

related to the management of occupational risks based on cooperation protocols with the Ministry of

Health and Family, National Institute of Research and Development of Labour Protection, Section

of Occupational Medicine within the University of Medicine and Pharmacy “Carol Davilla”,

“Obiectiv” Magazine, Institute of Mine Safety and Anti-explosive Protection – INSEMEX –

Petrosani.

- Elaboration of Information materials in 178,000 copies (guides, posters, leaflets, booklets)

addressed to employers, employees and labour inspectors to make them aware of the specific risks

envisaged by the directives of the European Union transposed in the General Norms of Labour

Protection.

- Organization of Information sessions in Iasi, Cluj and Bucharest with the participation of more

than 300 people (employers, safety and health at work representatives, occupational medicine

physicians, representatives of the employers’ organizations, trade unions, etc.) to whom the General

Norms of Labour Protection were presented in order to raise their awareness and increase the labour

inspectors ability to disseminate information.

Development of a Pilot center in the health area within the National Institute of Infectious

Diseases “Matei Bals” where a program for the improvement of work conditions for workers in

the health area had been experimented during 6 months. Starting from the experience

accumulated in the Pilot Center a National Plan of Action was elaborated to improve the work

conditions in the health area (approved by the minister of health and the minister of labour).

Training of 32 labour inspectors as trainers in the area of risks related to exposure to biological,

chemical, carcinogenic agents, asbestos and noise at the work place.

Elaboration of training modules that supported the National Training Program of labour

inspectors in the area of safety and health at work during the period 2002-2007.

Development of the web page of Labour Inspection.

During the period 2006-2007 the Labour Inspection has developed a new PHARE project of

institutional twinning RO/04/IB/SO-01 “Implementation of harmonized legislation in the area of

safety and health at work in small and medium enterprises”.

In order to support the small and medium enterprises in Romania to implement the national

legislation harmonized with the provisions of the European Directives in the safety and health at

work area, the Labour Inspection together with Agency for European Integration and Economic

Development of Austria has developed a project of institutional twinning starting on 1st March

2006 and continuing for a period of 21 months.

34

The general objective of the project is the awareness of employers and employees in the small and

medium enterprises about the importance of implementing the harmonized legislation in the safety

and health at work area that transposes the Directives of European Union.

The project benefits from the support of the Ministry of Labour, Social Solidarity and Family, local

labour inspectorates, National Agency for Small and Medium Enterprises and Cooperatives, Focal

Point of the European Agency for Safety and Helath at Work in Romania and other institutions.

The project envisages national legislation that transposes the European Directives on:

- encourage the improvements in the safety and health of workers at work (D 89/391/CEE)

- chemical agents at the work place (D 98/24/CE)

- biological agents at the work place (D 2000/54/CE)

- noise at the work place (D 2003/10/CE)

- manual handling of loads (D 90/269/CEE)

- vibrations at the work place (D 2002/44/CE)

- temporary and mobile sites (D 92/57/CEE)

- psycho-social risks at the work place (D 89/391/CEE).

The project has two main components:

Information actions to raise awareness of the employers and employees on the necessity to

comply with and implement the legal provisions in the safety and health at work area

(elaboration, printing and dissemination of informative materials, organization of ten information

sessions, development of 2 TV spots and 2 radio spots, improvement of the web page of Labour

Inspection);

Actions to strengthen the implementation of the harmonized legislation in the safety and health

at work area in 6 pilot centres of small and medium enterprises, which will become “model

centers of good practice in the area” and thus will be an example for other employers.

Furthermore, an “Assessement guide of occupational risks for small and medium enterprises”

will be elaborated, printed in 150,000 copies and disseminated to employers by labour

inspectors. In order to extend the experience of the 6 pilot centers “A national plan of action”

will be elaborated and will be presented for approval to the Ministry of Labour, Social Solidarity

and Family and the National Agency for Small and Medium Enterprises and Cooperatives and

posted on the web page of Labour Inspection and National Agency for Small and Medium

Enterprises and Cooperatives.

5.3. Situational analysis and recommendation

Romania can benefit from the experience of other developed countries in Europe, which are more

experienced in the area of safety and health at work. Thus, the European and international programs

can help a lot in exchanging experience and ideas and implement the European legislation in the

35

area. At present, as member of the European Union, Romania has a better access to European funds

that can be used for further improvements.

6. Occupational safety and health outcomes

6.1. Recording and notification of occupational accidents and diseases

The Law no. 319/2006 stipulates that any event shall be communicated to the employer by the

supervisor of the work place, and the employer has the obligation to notify the event to the local

labour inspectorate and to the insurer. The investigation of work accidents is compulsory and is

performed by the employer whenever the events resulted in temporary work incapacity, by local

labour inspectorates whenever the events resulted in invalidity or death, collective accidents,

dangerous incidents etc., by the Labour Inspection in case of collective accidents generated by

special events, such as exploxions or industrial failures.

As for occupational diseases they are investigated and recorded by the local authorities of public

health. The notification of occupational diseases is compulsory and is made by the physicians of the

local public health authority. The occupational acute intoxication is declared, investigated and

registered both as occupational disease and work accident.

There is a central system of data collection at the level of the Labour Inspection. The data are

analysed for a better definition of priorities and relevant information is disseminated by various

means, i.e. an information bulletin, mass media, website.

6.2. Statistics relating to occupational accidents and diseases

Indicator Value Unit e.g. per

100,000 employed

or % or per

million hours

worked

Year Trend

(increasing/

decreasing/

stable)

Fatal accidents 10,5 Cases of fatal

accidents and

traffic accidents at

work per 100,000

employees; does

not include

commuting

accidents and fatal

health problems at

work

2004 increase

36

Indicator Value Unit e.g. per

100,000 employed

or % or per

million hours

worked

Year Trend

(increasing/

decreasing/

stable)

Injury at work (resulting in more than

3 days absence)

110 Cases of accidents

at work with more

than 3 days

absence per

100,000

employees; does

not include

commuting

accidents,

deliberate self-

inflicted injuries or

injuries emanating

from strictely

natural causes

2004 increase

Compensated workplace accidents

Commuting accidents

Serious work accidents causing

disability of over 30 days

Notified occupational diseases (total) 990 2004 increase

Compensated occupational diseases No public

information

Repetitive strain injuries 24 number

Noise-induced hearing loss 80.22 Cases of

occupational

diseases per

100,000 employees

2004 decrease

Respiratory diseases:

Silicosis

Asthma

Chronic bronchitis

Asbestos

Bisinosis

Allergic rinitis

269

89

26

7

1

1

Number 2004 decrease

Skin diseases 32.66 Cases of fatal

accidents and

traffic accidents at

work per 100,000

employees

2004 decrease

37

6.3. Indicators of working conditions

Indicator Widespread

serious

problem

Serious

problem for

some workers

Moderate

problem

Minor

problem

Not a

problem

Exposure to noise above

legal limit (please

indicate legal limit)

X

Exposure to vibration X

Exposure to radiation

(ionising)

X

Exposure to high

temperatures

X

Exposure to low

temperatures

X

Breathing in dangerous

vapours, fumes, dusts,

infectious materials, etc.

X

Handling or touching

dangerous substances or

products

X

Exposure to asbestos X

Exposure to pesticides X

Inadequate lighting X

Regular exposure to

solar radiation (e.g. in

construction work)

X

Painful or tiring

positions

X

Lifting or carrying

heavy loads

X

Repetitive hand/arm

movements

X

Non-adjustable

workstations (e.g. work

bench, desk, chairs, etc.)

X

Working at high speed X

Working to tight

deadlines

X

Stressful work X

Changing work

organization

X

Working time X

6.4. Situational analysis and recommendations

The most favorable conditions for safety and health at work activity are created in big companies

where a safety and health at work committee is set up for more than 50 employees and for more

than 150 employees an internal service of protection and prevention is set up or an external service

is contracted. For a big company which has a considerable financial force the cost-efficiency rate of

38

the implementation measures is higher. For exemple, the recommendations for adopting a new

technology and abandoning the old one that is polluting and non-ergonomic can completely

eliminate the contaminants and risks; on the contrary, conservative approach consists in simply

imposing the wear of personal protective equipment.

A strong financial company can have its own medical service, permanent surveillance of

employees’ health states, as well as plans and procedures of safety and health at work and even a

certified system of integrated management of quality-environment-safety and health at work.

According to present legislation there are three parallel subsystems for collecting data on health at

the work place manage by the Ministry of Public Health, Ministry o Labour, Social Solidarity and

Family and Local Directions of Public Health. The communication between the two involved

ministries is minimal, each of them having exclusiveness of data that result in breaking the

information.

7. Basic information

Romania is a republic in accordance with the Romanian Constitution adopted in 1991 and modified

in 2003. The regulation power is represented by bicameral parliament (Chamber of Deputies and

Senate) and the executive power is represented by the government led by a prime minister

appointed by the president of Romania. The president of Romania is elected by universal vote for a

5 year mandate.

The surface of Romania is 238,391 km² and the population is 21,673,328 (in 2004) inhabitants.

The capital is Bucharest having 1,927,559 inhabitants (in 2004).

Romania is devided into 42 counties (including the city of Bucharest) and the capital into six

sectors.

The official language is Romanian. Other spoken languages are: Hungarian, German, Russian,

Rromani.

39

7.1. Demographic data

The data presented in the table below are based on figures for 2004.

Indicator Value Remarks

Total population (million) 21,673

men (%) 48.77

women (%) 51.23

Labour force (million) 9,957

Employed (million) 9,158

Men (%) 59.7

Women (%) 48.9

Young workers ≤ 18 years old

(million or %)

In agriculture, forestry, fishing (%) 29.05

In primary production (%) 1.46

In manufacturing (%) 22.39

In construction and energy (%) 2.09

In services

Active in the informal economy (estimated %)

Unemployed 557,892

Unemployment (%) 6.3

7.2. Economic data

Indicator Value Remarks

Gross National Product (GNP) per capita

(USD)

2805 In Euro

Gross Domestic Product (GDP) per capita

(purchasing power parity in USD)

7100 In PPS

GDP produced by agriculture (%) 14.3

GDP produced by industry and

construction (%)

35.0 GDP produced by

industry

GDP produced by services (%) 50.7

Number of enterprises in operation 901,414

Number of SMEs (less than 50 employees) 886,203

40

7.3. Health statistics

Indicator Value Remarks

Life expectancy (years) at birth 71.32

Men 67.74

Women 75.06

Infant mortality per 1,000 live births 13.96

Standardised death rate (SDR),

cardiovascular diseases, 0-64

years/100,000

721.9

747.0

Men

Women

SDR, respiratory diseases, 0-64

years/100,000

80.8

46.2

Men

Women

SDR, cancer, 0-64 years/100,000 244.1

163.8

Men

Women

SDR, external causes of injury and

poisoning, 0-64 years/100,000

98.0

28.0

Men

Women

Total health expenditure (% of GDP)

Physicians per 1,000 population 2.22

Dentists per 1,000 population 0.46

Nurses per 1,000 population 5.61

41

Conclusions

The last 17 years in Romania meant a period of huge political, economic and social changes. This

transition period involved a lot of modifications, demands, attempts. The adherence process to the

European Union imposed the taking over of the Communitary legislation, which was transposed

almost completely in the safety and health at work area. The OSH policy has been one of the

priorities of the Romanian Government as the basis of progress and development resides in the

economic activity. Such activity is carried out by the active worker who has to be provided with a

safe, healthy and welfare environment.

The elaboration of the National Profile started with a survey which was conducted among all

stakeholders of OSH by sending the Terms of Reference for the National Profile to two Ministries,

several key social partner organizations, employers’ organizations and trade unions. The response

rate was high. Some difficulties were encountered with filling the summaries as some data were not

available.

Economic appraisal and economic aspects of occupational safety and health are considered

important in addition to the substantive aspects of safety and health. There is a positive economic

impact of good working conditions.

In general, the basic safety and health issues are relatively effectively managed and show a positive

trend.

The Ministry of Labour, Social Solidarity and Family has developed a general strategy in the safety

and health at work area which shows a permanent concern for the improvement of safety, health

and wellbeing of workers at work.

The rapid changes in all aspects of life in Romania after 1989 have brought about important and

radical changes in work life such as: fragmentation of enterprises, incontinuity of work contracts

and low coverage of occupational health services among small-scale enterprises and the self-

employed.

Romania is now a member of the European Union; important steps have been made in the area of

legislation as the Communitary aquis in the health and safety at work has been transposed entirely

into the Romanian legislation.

.