Law No. 177 of 18 October 2000 on the modification and completion of the law on labor protection no. 90/1996, published in PARLIAMENT ISSUING the OFFICIAL GAZETTE nr. 522 of 24 October 2000, the Romanian Parliament adopts this law.
Article 1 of the labour protection law No. 90/1996, published in the Official Gazette of Romania, part I, no. 157 of 23 July 1996, alter and completed as follows: 1. In article 2, paragraph (2) shall read as follows: "(2) for the purposes of this law, by legal entities and physical means of public sector businesses, cooperative, private and foreign capital, including performing on Romanian territory; authorities and public institutions, as well as the Romanian economic agents that perform personal works with English in other countries under international conventions or bilateral agreements; associations, foundations and nonprofit organizations, namely the members of the family associations set up in compliance with the legal provisions, the natural persons authorized to carry out independent activities and individuals who employ staff through the conclusion of an individual contract of employment or by the conclusion of a Convention on civil service, according to the law. "
2. In article 5, paragraph (5) shall read as follows: "(5) the activities of national economy for which specific rules shall be established by the industrial safety are contained in the annex. 2 to this law. "
3. Article 9 shall read as follows: Art. 9. — (1) the activities of production or service benefits is subject to the authorization of the operation from the point of view of labour protection, issued by the territorial labour inspectorates, with the exception of the activities of subordinate organs and units of services under art. "". 2. (2) the legal entities and individuals are required to confirm on an annual basis to the Inspectorate of labour the fact it keeps the initial conditions for which authorization has been granted for the operation from the point of view of the protection of labour. "
4. Article 10 shall read as follows: Art. 10.-expenses related to the completion of labour protection measures shall be borne by the chapter lt; Lt; Other operating charges gt; GT; of legal entities and natural persons, as well as the amounts in this destination in the budgets of public institutions or, where applicable, investment funds. "
5. In article 12, paragraph 4 shall read as follows: "(4) the technical equipment can be manufactured, imported, marketed and used only if they fulfil the conditions for protection at work certified by bodies recognized by the Ministry of labour and social security."
6. In article 14, paragraph (3) shall read as follows: "(3) the necessary expenditure for the purchase of work equipment shall be chargeable at the rate of 50% of chapter lt; Lt; Other operating charges gt; GT; of legal persons or of the amounts foreseen in the budget with this destination for the units financed from the State budget, local budgets, and the difference is support by the beneficiaries. "
7. In article 15, paragraph (2) shall read as follows: "(2) import and placing in the manufacturing assortment of personal protective equipment and personal protective equipment work can be done only after endorsement by the Ministry of labor pattern and social protection."
8. In article 15, paragraph 3 shall read as follows: "(3) the types of personal protective equipment may be marketed and used only after certifying the quality of their protection by bodies recognized by the Ministry of labour and social security."
9. In article 20, subparagraph (c)) after you enter the letters c ^ 1) and c ^ 2) with the following content: "c ^ 1) certifies individuals and corporates link settlement to provide services in the field of labour protection;
c ^ 2) recognizes the laboratories and bodies for certification of quality safety of machinery and personal protective equipment; "
10. In article 20, the letter n) shall read as follows: "n) conduct studies, analyses, technical expertise and technical assistance grant and consultancy in matters of protection of labour-based contracts with legal entities and individuals in the country and abroad, payment works being made on the basis of rates laid down by order of the Minister of labour and social protection, and the proceeds will be managed under budget and will be used to cover current expenditure , capital and personnel; "
11. Article 20 shall be inserted After article 20 ^ 1 with the following content: "Art. 20 ^ 1. (1) Revenues administered under budget kept at the State Treasury shall bear interest, while those remaining unused at the end of the year shall be carried over into the following year, being used with the same destination.
(2) the Organization and operation of the compartments. 20 lit. n) shall be determined by order of the Minister of labour and social protection, with the opinion of the Ministry of finance. "
12. In article 23, subparagraph e) to paragraph (2) shall read as follows: "the accident caused by e) activities unrelated to work, if it takes place at the seat of the legal person or natural person, as an employer, or another job, organized during the programme of work and is not due to the exclusive fault of the accidentatului."
13. In article 25, paragraph (2) shall read as follows: "(2) work Accident followed by temporary incapacity or, as the case may be, in respect of invalidity or death, as well as collective work accident shall be communicated forthwith by the management of the legal person or, where appropriate, of the individual, as an employer, the territorial labour inspectorate and, where appropriate, criminal investigation bodies, competent according to the law. "
14. In article 25, paragraph (4) shall read as follows: "(4) in the case referred to in paragraph 1. (3) the competent bodies of the Ministry of the Interior, according to the law, will send the organs referred to in art. 26, within 5 days from the date of the request, a copy of the research report on the spot, at their request. "
15. Article 38 shall read as follows: Art. 38.-re-operation of equipment, machinery and machinery for eliminating all previous failures that were ordered shut down them constitutes offences and punishable by imprisonment from 3 months to 2 years or by a fine. "
16. Article 40 shall read as follows: Art. 40. — (1) Constitute offences committed by deeds the legal entities and individuals, located in one of the situations provided for by the present law, if they were not committed in such circumstances that, according to the criminal law, be regarded as offences.
(2) constitutes contravention and shall be sanctioned with a fine of 15,000,000 lei lei to 30,000,000 infringements art. 18 paragraph 1. (1) (a). a). (3) Constitute contraventions and sanctions with fine 10,000,000 lei lei to 20,000,000 failure. 9 and art. 18 paragraph 1. (1) (a). (b)), as well as failure by a physical person and legal articles. 21 lit. a), b) and e) on the exercise of the Superintendent's job.
(4) Constitute contraventions and sanctions with fine 3,500,000 lei lei the following: 7,000,000) infringements art. 8 para. (2) of article 3. 12(3). (2) to (4) of article 3. 13(2). (2) and (3) and of article 23. 18 paragraph 1. (1) (a). ) and m);
(b) failure to take the measures referred to in) rules, which prevent this, beyond the limits permitted in the regulations, nuisances chemical, physical or biological agents, as well as overuse of various organs or systems of the human body, in the process;
c) commissioning or reinstatement in operation, partial or total, construction machinery, new or repaired, and the application of technological processes which do not correspond to the rules of labour protection;
d) neintocmirea or failure to comply with the technical documentation for execution of the works which require special security measures;
(e) failure to take measures to prevent) and liquidation of damages;
f) use sources of open fire and smoking in places where these are prohibited by rules;
g) failure to take safety measures to prevent accidents by electrocution, execution, operation, maintenance and repair of electrical equipment and installations, as well as measures for preventing static electricity effects and atmospheric discharge;
h) non-compliance with labour protection measures concerning the storage, handling, transport or use of toxic material, corrosive, flammable, pesticides and waste;
failure or inability to use them) electrical installations of building suitable workplaces where there is danger of fire or explosion;
j) breaking the rules of labour protection for the two sources of supply of technical equipment;
k) breach of the legal provisions relating to insurance and the use of the Fund necessary for implementation of measures for the protection of labour.
(5) it shall constitute offences and is sanctioned with a fine from 3,000,000 lei at the following number: 5,000,000 lei) infringements art. 15 and art. 18 paragraph 1. (1) (a). (c)));
b) infringements art. 16 and of art. 17 para. (1);
c) of the rules of labour protection for the transport, handling and storage of the machinery, materials and products;
d failure to comply with safety measures) referred to in the rules relating to working at height, in confined spaces and isolation;
e) rules concerning the delimitation, containment and signalling in dangerous areas, dips, dig wells, and skylights;
f) failure to comply with safety measures for ensuring the exploitation without dangers of welding of vessels-bottles with compressed or liquefied gas, of the mechanical installations under pressure through pipes flowing fluid pressure and other such technical equipment;
g) rules concerning the maintenance, overhaul and repair of technical equipment;
h) breaking the rules concerning safe operation of means of transport and lifting;
I) breaking the rules of protection of labour concerning the application of the methods of mining, construction, operation and maintenance of mining works, implementation and operation of the ventilation system, corresponding to the classification of mines in terms of discharge.
(6) Constitute contraventions and sanctions with fine from 2,000,000 to 4,000,000 lei lei the following: a) infringements art. 7 para. (2) and (3) of art. 8 para. (1) of article 1. 18 paragraph 1. (1) (a). p) and r) of art. 19 lit. b) and e), and article 16. 25 para. (2);
b) infringements of the rules of labour protection during work, shift work and labor intensity;
c) breaking the rules on insurance, marking and maintenance of access routes and of movement;
(d) the failure to provide safe lighting) to employment laid down in the rules of labour protection;
e) leaving the machinery placed in service custody or supervision thereof to unauthorized persons;
f) breaking the rules on the organisation and activity.
(7) constitutes offences and sanctions with fines from 1,500,000 to 2,500,000 lei lei the following: a) infringements art. 18 paragraph 1. (1) (a). n) of art. 19 lit. a), c), (d)), f) and (g) of article 5). 25 para. (1) and (3) of art. 26 para. (1) (a). paragraphs 1 and 2). (3) of article 1. 27(2). (1) to (5) and of article 23. 28;
b) infringements art. 32 para. (1) and (2);
c) unauthorised access to their jobs with unreasonable threat of harm;
d) breaking the rules on the organisation of the activity of storage and maintenance of personal protective equipment denocivizare;
e) neintocmirea documents tracking parameters functional equipments and technical reports for service with the special regime of exploitation;
f) violation relating to the preparation and sending of reports and data about the situation of the labour protection. "
17. In article 41, paragraph 1 shall read as follows: Art. 41. — (1) the finding of violations and imposition of fines under article 4. 40 para. (2) to (7) shall be carried out by labour inspectors of the labour inspection, proceeds by way of a fine shall be made to the State budget income as a percentage of 85% and 15% constitutes the incentive fund to the labour inspectorate staff. "
18. Article 42 shall read as follows: Art. 42.-Administrative Penalties shall apply to legal persons and individuals, employers or employees. "
19. Article 46 shall read as follows: Art. 46. — (1) the legal entities and individuals who operate without authorisation from the point of view of labour protection, on the date of entry into force of this law, shall be obliged to ask the territorial inspectorates work authorization.
(2) concerning the obligation to request authorization for the operation from the point of view of labour protection for natural persons and legal entities referred to in paragraph 1. (1) is three months from the date of entry into force of this law. "
20. Article 51 shall read as follows: Art. 51.-appendices. 1 and 2 are an integral part of this law, shall modify and complement the Government's decision, in the light of the emergence of new areas or activities in the national economy. "
21. in annex No. 1 point 5 shall read as follows: "5. work Environment:-microclimate components values, depending on the physical effort of the season and filed;
-toxic chemicals in the workplace, maximum permissible concentrations;
-the maximum permissible concentrations of dusts and fibres;
-the nature of dangerous biological agents;
-the conditions and the measures to prevent contamination;
-noise, vibration and ultrasonic: intensity and exposure;
-electromagnetic radiation: electromagnetic fields, laser radiation, ultraviolet radiation, and plasma;
-occupational diseases-classification. "
22. the title of annex 2 shall read as follows: "activities in the national economy for which specific rules shall be established by the industrial safety". At Annex 4. 2, item 4 shall read as follows: "4. the mining Industry: Prospecting and geological-exploration-extraction of useful mineral substances quarrying with mechanized means-Coal Mine, cists and tar sands-Preparation of Coal-Mine oil-drilling wells Papers-offshore drilling-special-special Drilling Works in drilling activity-extraction of hydrocarbons-oil Extraction-Extraction oil and Gas Extraction wells by gas-marine-transportation by pipeline of gas-Exploitation underground ores of ferrous , non-ferrous, rare and radioactive nemetaliferelor-Preparation of ore-exploiting mineral substances quarrying with explosives through derocare-gazolinei Transport of crude oil, and the etanului pipeline-laying in underground construction and exploitation and processing of salt ". At Annex 4. 2, point 13 shall read as follows: "13. Other activities-working at height-working in confined spaces-safety signs and/or health in the workplace-leading temporary or mobile. "
Article 2 (1) territorial State Inspectorate for protection of labour provided for in law No. 90/96 shall be replaced by the term ' territorial labour inspectorate.
(2) the term of protection of labour inspector provided for in law No. 90/96 shall be replaced by the term inspector job.
Article 3 of the labour protection law No. 90/1996, published in the Official Gazette of Romania, part I, no. 157 of 23 July 1996, with the amendments and additions made by this Bill, will be republished in the Official Gazette of Romania, part I, posing a new numbered items.
This law was adopted by the Senate at its meeting on 19 September 2000, in compliance with the provisions of art. 74 para. (2) of the Constitution of Romania.
p. Senate PRESIDENT CARLOS VALADON this law was adopted by the Chamber of deputies at its meeting on 19 September 2000, in compliance with the provisions of art. 74 para. (2) of the Constitution of Romania.
p. CHAMBER of DEPUTIES PRESIDENT, VASILE LUPU — — — — — — — — — — — —