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Law No. 177 Of 18 October 2000 On The Modification And Completion Of The Law On Labor Protection No. 90/1996

Original Language Title:  LEGE nr. 177 din 18 octombrie 2000 pentru modificarea şi completarea Legii protecţiei muncii nr. 90/1996

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LEGE no. 177 177 of 18 October 2000 to amend and supplement Labor Protection Law no. 90/1996
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 522 522 of 24 October 2000



The Romanian Parliament adopts this law + Article 1 Labor Protection Law no. 90/1996 , published in the Official Gazette of Romania, Part I, no. 157 of 23 July 1996, shall be amended and supplemented as follows: 1. In Article 2, paragraph 2 shall read as follows: " (2) For the purposes of this law, legal and natural persons shall be understood: economic agents from the public, private and cooperative sectors, including foreign capital, who carry out activities on the territory of Romania; as well as Romanian economic agents who carry out works with Romanian personnel on the territory of other countries on the basis of international conventions or bilateral contracts; associations, foundations and non-profit organizations, respectively members of associations family constituted in compliance with legal provisions, individuals authorized to carry out independent activities and individuals who employ staff by the conclusion of an individual employment contract or by the conclusion of a civil service convention, according to the law. " 2. In Article 5, paragraph 5 shall read as follows: "" (5) Activities in the national economy for which specific occupational safety rules are drawn up are set out in Annex no. 2 2 to the present law. " 3. Article 9 shall read as follows: "" Art. 9. -(1) The conduct of production activities or service benefits shall be conditional upon obtaining the authorization to operate in terms of labor protection, issued by the territorial labor inspectorates, except for the activities carried out by the units subordinated to the bodies and services provided in art. 4 4 para. ((2). (2) Legal persons and individuals have the obligation to confirm annually to the territorial labor inspectorate the fact that the initial conditions for which the operating authorization was issued in terms of labor protection are preserved. " 4. Article 10 shall read as follows: "" Art. 10. -The expenses related to the implementation of the labor protection measures will be borne from the chapter of lt; lt; Other operating expenses gt; gt; of legal persons and individuals, as well as from the amounts provided with this destination in the budgets of public institutions or, where appropriate, investment funds. " 5. In Article 12, paragraph 4 shall read as follows: "" (4) Technical equipment may be manufactured, imported, marketed and used only if they meet the conditions for the protection of work certified by bodies recognised by the Ministry of Labour and Social Protection. " 6. In Article 14, paragraph 3 shall read as follows: " (3) The expenses necessary for the purchase of individual work equipment shall be borne in proportion of 50% of the Lt chapter; Lt; Other operating expenses gt; gt; of legal persons or from the amounts provided with this destination in budget for units financed from the state budget, respectively from local budgets, and the difference is borne by the beneficiaries. " 7. In Article 15, paragraph 2 shall read as follows: "(2) The import and introduction into manufacturing of the assortments of personal protective equipment and individual work equipment can be done only after the approval of the prototypes by the Ministry of Labour and Social Protection." 8. In Article 15, paragraph 3 shall read as follows: "(3) The assortments of personal protective equipment may be marketed and used only after the certification of their quality of protection by bodies recognized by the Ministry of Labour and Social Protection." 9. in Article 20, points c ^ 1 and c ^ 2 shall be inserted after point c): " c ^ 1) attest to individuals and empower legal entities to provide services in the field of labor protection; c ^ 2) recognizes laboratories and bodies, in order to certify the quality of work protection of technical equipment and personal protective equipment; " 10. In Article 20, letter n) shall read as follows: " n) carry out studies, analyses, technical surveys and provide consultations and technical assistance in labor protection issues, on the basis of contracts concluded with legal entities and individuals in the country and abroad, the payment of works being made on the basis of tariffs established by order of the Minister of Labour and Social Protection, and the resulting amounts will be managed in extra-budgetary regime and will be used to cover current, capital and personnel expenses; " 11. Article 20 shall be inserted after Article 20 (1) with the following contents: "" Art. 20 20 ^ 1. -(1) The incomes managed in the extra-budgetary regime shall be kept at the state treasury, shall bear interest, and those remaining unused at the end of the year shall be carried over to the following year, being used with the same destination. (2) Organization and operation of the compartments provided in art. 20 lit. n) shall be established by order of the Minister of Labour and Social Protection, with the opinion of the Ministry 12. In Article 23, letter e) of paragraph (2) shall read as follows: " e) the accident caused by activities not related to the work process, whether it takes place at the legal person's premises or at the address of the natural person, as an employer, or in another job organized by them, during the work programme and is not due to the exclusive fault of the injured. " 13. In Article 25, paragraph 2 shall read as follows: " (2) The work accident followed by temporary incapacity to work or, as the case may be, followed by disability or death, as well as the collective work accident will be communicated immediately by the management of the legal person or, as the case may be, the individual, as an employer, the territorial labour inspectorate and, as the case may be, the competent prosecution bodies, according to the law. " 14. In Article 25, paragraph 4 shall read as follows: " (4) In the case provided in par. (3) the bodies of the competent Ministry of Interior, according to the law, will send to the bodies provided 26, within 5 days from the date of the request, a copy of the minutes of on-site research at their request. " 15. Article 38 shall read as follows: "" Art. 38. -The reinstatement of installations, machines and machinery prior to the elimination of all deficiencies for which they were ordered to be stopped is a crime and is punishable by imprisonment from 3 months to 2 years or with a fine. " 16. Article 40 shall read as follows: "" Art. 40. -(1) The acts committed by legal entities and individuals, in one of the situations provided for by this law, are contrary to the facts, if they were not committed under such conditions that, according to the criminal law, they should be considered felonies. (2) It constitutes contravention and is sanctioned with a fine of 15,000,000 lei to 30,000,000 lei violation of the provisions of art. 18 18 para. ((1) lit. o). (3) It constitutes contraventions and is sanctioned with a fine from 10,000,000 lei to 20,000,000 lei non-compliance with the provisions of art. 9 9 and art. 18 18 para. ((1) lit. b), as well as non-compliance by the natural and legal person with the provisions of 21 lit. a), b) and e) on the exercise of duties by the labor inspector. (4) It constitutes contraventions and is sanctioned with a fine of 3,500,000 lei to 7,000,000 lei the following: a) violation of art. 8 8 para. (2), of art. 12 12 para. ((2)-(4), of art. 13 13 para. ((2) and (3) and art. 18 18 para. ((1) lit. a) and m); b) failure to take the measures provided for in the rules, which prevent the presence, above the limits allowed in norms, of chemical, physical or biological harmful factors, as well as the overuse of different organs or systems of the human body, in the process of work; c) commissioning or recommissioning, partial or total, of constructions, new or repaired technical equipment, as well as the application of technological processes that do not correspond to the labor protection norms; d) non-preparation or non-compliance with technical documentation for the execution of works requiring special safety measures; e) failure to take measures to prevent and liquidate damage; f) the use of open fire sources and smoking in places where they are prohibited by norms; g) failure to take measures to protect work for the prevention of accidents by electrocution, to the execution, operation, maintenance and repair of electrical installations and equipment, as well as measures to prevent effects static electricity and atmospheric discharges; h) non-compliance with labor protection measures regarding the storage, handling, transport or use of toxic, corrosive, flammable materials, pesticides, as well as resulting waste; i) non-insurance or non-use of adequate electrical installations, at workplaces where there are fire or explosion hazards; j) non-compliance with the labor protection norms on the provision of the second source of electricity supply of technical equipment; k) violation of the legal provisions regarding the insurance and use of the necessary fund for the realization of labor protection measures. (5) It constitutes contraventions and is sanctioned with a fine from 3.000.000 lei to 5.000.000 lei the following: a) violation of art. 15 15 and art. 18 18 para. ((1) lit. c)-l); b) violation of art. 16 16 and art. 17 17 para. ((1); c) non-compliance with the labor protection rules on the transport, handling and storage of technical equipment, materials and products; d) non-compliance with the safety measures provided for in the rules on working at height, in confined spaces and in isolation conditions; e) non-compliance with the rules on delimitation, restriction and signage of dangerous areas, gaps, excavations, wells and skylights; f) non-compliance with labor protection measures to ensure the safe operation of welding facilities, compressed or liquefied gas cylinders, mechanical pressure installations, pipelines through which they circulate pressure fluids and other such technical equipment; g) non-compliance with the rules on maintenance, revision and periodic repair of technical equipment; h) non-compliance with the rules on safe operation of means of transport and lifting; i) non-compliance with the labor protection rules on the application of mining methods, the execution, operation and maintenance of mining works, the realization and operation of the aeration system, corresponding to the classification of mines from the point of View of the gas emanations. (6) It constitutes contraventions and is sanctioned with a fine from 2,000,000 lei to 4,000,000 lei the following: a) violation of art. 7 7 para. ((2) and (3), of art. 8 8 para. (1), of art. 18 18 para. ((1) lit. p) and r), of art. 19 lit. b) and e) and art. 25 25 para. ((2); b) violation of labor protection rules on labor time, shift work and labor intensity; c) non-compliance with the rules on insurance, marking and maintenance of access and traffic routes; d) failure to provide safety lighting at the workplaces provided for in the labor protection rules; e) leaving the technical equipment in operation or entrusting their supervision to unauthorized persons; f) non-compliance with the rules on organization and conduct of rescue (7) It constitutes contraventions and is sanctioned with a fine from 1.500.000 lei to 2.500.000 lei the following: a) violation of art. 18 18 para. ((1) lit. n), of art. 19 lit. a), c), d), f) and g), of art. 25 25 para. ((1) and (3), of art. 26 26 para. ((1) lit. a) and para. (3), of art. 27 27 para. ((1)-(5) and art. 28 28; b) violation of art. 32 32 para. ((1) and (2); c) access of unauthorized persons to jobs with special danger; d) non-compliance with the rules on the organization of the activity of keeping, maintenance and denocivization of the e) non-preparation of the documents for tracking the functional parameters of the technical equipment and of the service reports for installations with special operating regime; f) non-compliance with the provisions on the preparation and submission of reports and data in relation to the situation of labor protection. " 17. In Article 41, paragraph 1 shall read as follows: "" Art. 41. -(1) The finding of contraventions and the application of fines provided for in art. 40 40 para. (2)-(7) shall be made by labor inspectors of the Labour Inspection, the amounts collected as a fine are made to the state budget at 85%, and 15% constitute a fund to stimulate the staff employed at the Labour Inspection. " 18. Article 42 shall read as follows: "" Art. 42. -Contravention sanctions apply to legal entities and individuals, employers or employees. " 19. Article 46 shall read as follows: "" Art. 46. -(1) Legal persons and natural persons who operate without being authorized in terms of labor protection, on the date of entry into force of this law, are obliged to apply to the territorial labor inspectorates issuing the operating authorization. (2) The term on the obligation to request the issuance of the operating authorization in terms of labor protection, for individuals and legal entities provided in par. ((1), shall be 3 months from the date of entry into force of this Law. " 20. Article 51 shall read as follows: "" Art. 51. -Annexes no. 1 and 2 are an integral part of this law, amend and supplement by decision of the Government, depending on the emergence of new fields or activities in the national economy. " 21. Annex no. 1, paragraph 5 will read as follows: "" Five. Work environment: -the values of the microclimate components, depending on the physical exertion and the season; -chemical noxes at work, maximum permissible concentrations; -maximum permissible concentrations of powders and fibres; -the nature of dangerous biological agents; -conditions and measures to prevent contamination; -industrial ventilation; -industrial lighting; -noise, vibration and ultrasound: intensity and point of exposure; -electromagnetic radiation: electromagnetic fields, laser radiation, ultraviolet radiation, plasma; -occupational diseases-classification. ' 22. Title of Annex no. 2 2 will have the following contents: "" Activities in the national economy for which specific labour security rules are drawn up " 23. Annex no. 2, point 4 will read as follows: "" Four. Extractive industry: -Prospections and geological explorations -Extraction of mineral substances useful in careers with mechanized means -Coal mines, shale and tar sands -Carbuns preparation -Mine oil -Sound drilling works -Drilling with marine platforms --Special training -Special works in the drilling-extraction activity of hydrocarbons -Crude Oil Extraction -Extraction of crude oil and gas by marine probes -Natural gas extraction --Pipeline transport of natural gas -Underground exploitation of ferrous, non-ferrous, rare, radioactive ores and non-metals -Preparing ores -Exploitation of mineral substances in quarries, by burying with explosives --Transport of crude oil, gasoline and ethane by pipeline -Excavations and underground construction -Operation and processing of salt " 24. Annex no. 2, paragraph 13 will read as follows: "" 13. Other activities --Working at height --Working in confined spaces -Signaling security and/or health at work --Organisation of temporary or mobile sites. ' + Article 2 (1) The term inspectorate of territorial state for the protection of labour provided for in the Law no. 90/1996 is replaced by the term territorial labour inspectorate. (2) The term labor protection inspector provided for in the Law no. 90/1996 is replaced by the term labour inspector. + Article 3 Labor Protection Law no. 90/1996 , published in the Official Gazette of Romania, Part I, no. 157 of July 23, 1996, with the amendments and completions brought by this law, will be republished in the Official Gazette of Romania, Part I, giving the articles a new numbering. This law was adopted by the Senate at the meeting of 19 September 2000, in compliance with the provisions of art. 74 74 para. (2) of the Romanian Constitution. p. SENATE PRESIDENT, CONSTANTIN DAN VASILIU This law was adopted by the Chamber of Deputies at the meeting of September 19, 2000, in compliance with the provisions of 74 74 para. (2) of the Romanian Constitution. p. CHAMBER OF DEPUTIES PRESIDENT, VASILE LUPU ------------