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Law No. 90 Of 12 July 1996 (Republished) Concerning Labour Protection

Original Language Title:  LEGE nr. 90 din 12 iulie 1996 (*republicată*) privind protecţia muncii

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LEGE no. 90 90 of 12 July 1996 (* republished *) (** updated) on labour protection ((updated until 11 July 2005 * *)
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----------- **) The initial text was published in the OFFICIAL GAZETTE no. 47 47 of 29 January 2001. This is the updated form of S.C. "Territorial Center of Electronic Computing" S.A. Piatra Neamt until July 11, 2005, with the amendments and additions made by: JUDGMENT no. 238 238 of 13 March 2002 ; LAW no. 194 194 of 23 June 2005 . --------- * *) Republicated pursuant to art. III of Law no. 177 of 18 October 2000, published in the Official Gazette of Romania, Part I, no. 522 of 24 October 2000, giving the texts a new numbering. Labor Protection Law no. 90/1996 was published in the Official Gazette of Romania, Part I, no. 157 157 of 23 July 1996. + Chapter 1 General provisions + Article 1 (1) The protection of labor constitutes an ensemble of institutionalized activities aimed at ensuring the best conditions in the conduct of the labor process, defense of life, bodily integrity and health of employees and other persons participating in the work process. (2) The labor protection rules established by this law represent a unitary system of measures and rules applicable to all participants in the labor process. (3) The work protection activity ensures the application of the ergonomic criteria for improving working conditions and for reducing physical effort, as well as appropriate measures for the work of women and young people. + Article 2 (1) The provisions of this Law shall apply to all legal and natural persons to whom the activity is carried out with personnel employed on the basis of an individual employment contract or under other conditions provided by law. (2) For the purposes of this law, legal and natural persons shall be understood: economic operators from the public, private and cooperative sectors, including foreign capital, who carry out activities on the territory of Romania; public, as well as Romanian economic operators 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; 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. ------------- Alin. ((2) of art. 2 2 has been amended by section 1 1 of art. I of LAW no. 194 194 of 23 June 2005 , published in MONITORUL OFFICIAL no. 592 592 of 8 July 2005. + Article 3 Labor protection rules apply to employees, cooperative members, apprentices, students and students during the period of professional practice. ------------- Article 3 has been amended by section 3. 2 2 of art. I of LAW no. 194 194 of 23 June 2005 , published in MONITORUL OFFICIAL no. 592 592 of 8 July 2005. + Article 4 (1) The Ministry of Labour and Social Protection * *) and the Ministry of Health * **), through their central and territorial specialized bodies, organize, coordinate and control the work protection activity. (2) Ministry of National Defence, Ministry of Interior and Ministry of Justice-General Department of Prisons, Ministry of Finance *)-Financial Guard, as well as the Romanian Intelligence Service, Foreign Intelligence Service, Special Telecommunications and Protection and Guard Service organize, coordinate and control the labor protection activity in their own units, through the bodies of these ministries and services, based on the provisions of this law. (3) The research, registration and record of accidents at work and occupational diseases, as well as the authorization, in terms of labor protection, of the units subordinated to the ministries and services referred to in par. (2) shall be performed by its own bodies. ---------------- * *) Government Decision no. 18 18 of 4 January 2001 , published in the Official Gazette of Romania, Part I, no. 12 of 10 January 2001, the new name of the Ministry of Finance is "Ministry of Public Finance" ** **) Government Decision no. 4 4 of 4 January 2001 , published in the Official Gazette of Romania, Part I, no. 9 of 9 January 2001, the new name of the Ministry of Labour and Social Protection is the "Ministry of Labour and Social Solidarity". *** ***) Government Decision no. 22 22 of 4 January 2001 , published in the Official Gazette of Romania, Part I, no. 16 of 10 January 2001, the new name of the Ministry of Health is "Ministry of Health and Family". ---------------- ****) NOTE: The new structure of the Ministry of Labour, Social Solidarity and Family is provided in JUDGMENT no. 412 412 of 5 May 2005 , published in MONITORUL OFFICIAL no. 427 427 of 20 May 2005. + Article 5 (1) The Ministry of Labour, Social Solidarity and Family issues general, normative and other regulations of national interest in the field of safety and health at work, coordinates the development of specific norms on activities, participates in elaboration and approval of standards and elaborates and endorses regulations with implications in its field of competence initiated by other institutions, according to the law. (2) The general rules for the protection of work include rules and measures applicable throughout the national economy. ((. The areas for which the general labour protection rules are drawn up are set out in Annex no. 1 to the present law. (4) The National Commission for the Control of Nuclear Activities shall develop rules specific to nuclear activities and shall exercise control over their compliance. ((. The activities of the national economy for which specific occupational safety standards are drawn up are set out in Annex no. 2 to the present law. (6) Legal and physical persons are obliged to develop their own instructions for the application of labor protection rules, depending on the peculiarities of the labor processes. ------------- Alin. ((1) of art. 5 5 has been amended by section 3 3 of art. I of LAW no. 194 194 of 23 June 2005 , published in MONITORUL OFFICIAL no. 592 592 of 8 July 2005. + Article 6 (1) The Ministry of Health issues specific norms on health at work, participates in the elaboration and approval of norms and endorses regulations developed by other institutions, in the field of health of employees at work. ((. The areas for which the hygiene rules are drawn up are set out in Annex no. 1 to the present law. ------------- Alin. ((1) of art. 6 6 has been amended by section 4 4 of art. I of LAW no. 194 194 of 23 June 2005 , published in MONITORUL OFFICIAL no. 592 592 of 8 July 2005. + Article 7 (1) Collective labor contracts that end at the level of units, groups of units, branches of activities, as well as at national level will include, mandatory, clauses related to labor protection, in accordance with the provisions of this laws, the application of which ensures the prevention of accidents at work and occupational diseases. (2) In individual employment contracts, as well as in professional training contracts, clauses on labor protection will be stipulated, establishing the responsibility of the parties. (3) The international conventions and bilateral contracts concluded by Romanian legal entities with foreign partners, in order to carry out works with Romanian personnel on the territory of other countries, will include clauses on labor protection. ------------- Alin. ((2) of art. 7 7 has been amended by section 5 5 of art. I of LAW no. 194 194 of 23 June 2005 , published in MONITORUL OFFICIAL no. 592 592 of 8 July 2005. + Article 8 (1) In the regulations on organization and functioning of legal entities, obligations and responsibilities in the field of labor protection shall be established, in accordance with the provisions of this law. (2) Depending on the nature, complexity and risks specific to the activity carried out, as well as the number of employees, the legal entities will establish the personnel with duties in the field of labor protection or, as the case may be, organize Labor protection. + Article 9 (1) The carrying out of production activities or service benefits shall be conditional upon obtaining the authorization to operate in terms of labor protection, issued by the territorial labour inspectorates, with the exception of 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. + Article 10 The expenses related to the implementation of the labor protection measures will be borne from the chapter "Other operating expenses" of legal entities and individuals, as well as from the amounts provided with this destination in the budgets public institutions or, where appropriate, investment funds. + Article 11 (1) The activities of national interest in the field of labor protection and the sources of coverage of the necessary expenses for their implementation are approved by the Government, at the proposal of the Ministry of Labour and Social Protection (2) Scientific research activities in the field of labor protection, of national interest, shall be financed from the funds provided for them, according to the law. + Chapter 2 Technical equipment, personal protective and working equipment, protective nutrition and hygienic-sanitary materials + Article 12 (1) For the purposes of this law, technical equipment is any machine, apparatus, tool or installation used in work. (2) Technical equipment must comply with the provisions of the legislation in force, as well as, at least, the level of security provided by the applicable standards, so as not to present danger to the health and safety of employees or of the other participants in the work process. ------------- Article 12 has been amended by section 4.2. 6 6 of art. I of LAW no. 194 194 of 23 June 2005 , published in MONITORUL OFFICIAL no. 592 592 of 8 July 2005. + Article 13 (1) For the purposes of this law, personal protective equipment means any equipment intended to be worn or held by a worker to protect it against one or more risks that could endanger its safety and security. health at work as well as any supplement or accessory designed to meet this goal. ((1 ^ 1) Personal protective equipment, defined according to par. ((1), excludes: a) customary work clothing and uniforms that are not specifically designed to protect the worker's safety and health; b) equipment used by emergency and rescue services; c) the personal protective equipment worn or used by the army, the police or other public order institutions; d) the personal protective equipment for road transport; e) sports equipment; f) self-defence or deterrent equipment; g) portable devices for detecting and signalling risks and harmful factors. (2) The personal protective equipment is granted, mandatory and free of charge, to employees, as well as to other categories of persons who carry out activities in the legal or physical persons provided in art. 2, according to the provisions of the applicable legislation. (3) In case of degradation of personal protective equipment, respectively of loss of protection qualities, a new equipment is mandatory. (4) Degrading or loss of personal protective equipment before the term of use provided, due to the wearer's fault, shall entail its liability for the damage caused, according to the law. ------------- Alin. ((1) of art. 13 13 has been amended by section 7 7 of art. I of LAW no. 194 194 of 23 June 2005 , published in MONITORUL OFFICIAL no. 592 592 of 8 July 2005. Alin. ((1 ^ 1) of art. 13 13 has been introduced by section 8 8 of art. I of LAW no. 194 194 of 23 June 2005 , published in MONITORUL OFFICIAL no. 592 592 of 8 July 2005. Alin. ((2) of art. 13 13 has been amended by section 9 9 of art. I of LAW no. 194 194 of 23 June 2005 , published in MONITORUL OFFICIAL no. 592 592 of 8 July 2005. + Article 14 (1) For the purposes of this law, individual work equipment is the means that legal and natural persons give to an employee for their use during the work process in order to protect their clothing and footwear. (2) The individual working equipment shall be granted by legal entities under the conditions negotiated by collective agreements. ((3) The expenses necessary for the purchase of individual work equipment shall be borne in proportion of 50% of the chapter "Other operating expenses" of legal entities or from the amounts provided with this destination in the budget for the units financed from the state budget, respectively from the local budgets, and the difference is borne by the beneficiaries. + Article 15 The personal protective equipment must comply with the provisions of the legislation in force, as well as, at least, the level of security provided by the applicable standards, so as to ensure protection against one or more risks for users ' health or safety. ------------- Article 15 has been amended by section 6.6. 10 10 of art. I of LAW no. 194 194 of 23 June 2005 , published in MONITORUL OFFICIAL no. 592 592 of 8 July 2005. + Article 16 The protection diet is granted, mandatory and free of charge, by legal and physical persons to persons working in jobs with heavy and harmful conditions, based on the norms developed by the Ministry of Health and the Ministry of Labour and Social Protection. + Article 17 (1) Hygienic-sanitary materials shall be granted, mandatory and free of charge, by legal and physical persons to persons who operate in jobs whose specific requires special personal hygiene. (2) The categories of hygienic-sanitary materials, as well as the jobs that require their granting are established on the basis of the norms developed by the Ministry of Health + Chapter 3 Obligations relating to the implementation of labour protection measures + Article 18 (1) In order to ensure the conditions of protection of work and to prevent accidents at work and occupational diseases, the management of the legal person, as well as the individual have the following obligations: a) adopt, from the phase of research, design and execution of constructions, technical equipment, as well as the elaboration of manufacturing technologies, solutions compliant with labor protection norms, through which the risks are eliminated of the injury and of the professional illness of the employees and other persons participating in the work process; b) to request the territorial labor inspectorate to authorize the operation of the unit in terms of labor protection, to maintain the working conditions for which the authorization was obtained and to ask for its revision in case of modification the initial conditions in which it was issued; c) establish the technical, sanitary and organizational measures of labor protection, corresponding to the working conditions and environmental factors specific to the unit; d) establish for employees and other participants in the work process their duties and liability in the field of labor protection, corresponding to the functions exercised; e) develop own rules for the application of labor protection rules, corresponding to the conditions under which work is carried out at workplaces; f) to ensure and control, through specialized compartments or through their own staff, knowledge and application, by all employees and participants in the work process, established technical, sanitary and organizational measures, as well as legal provisions in the field of labor protection g) to take measures to provide materials necessary to inform and educate employees and participants in the work process: posters, leaflets, films, diafilms and the like on labor protection; h) to ensure the information of each person, prior to employment, on the risks to which it is exposed at work, as well as on the necessary prevention measures; i) to ensure, at the expense of the unit, the training, testing and professional improvement of persons with duties in the field of labor protection; j) take measures to authorise the exercise of the trades and professions provided for in the labour protection rules; k) to hire only persons who, as a result of medical examination and the verification of psychoprofessional skills, correspond to the task of work they are to execute; l) to keep records of jobs with special conditions: harmful, heavy, dangerous, as well as accidents at work, occupational diseases, technical accidents and damage; m) to ensure the permanent and correct functioning of the systems and protective devices, of the measuring and control equipment, as well as of the installations of capture, restraint and neutralization of harmful substances released in the conduct of processes technological; n) to present the documents and to give the relations requested by the labor inspectors during the control or performance of the work accidents; o) ensure the implementation of the measures established by labour inspectors, on the occasion of checks and research of accidents at work; p) to designate, at the request of the labor inspector, the employees to participate in the control or the research of accidents at work; r) not to modify the state of affairs resulting from the occurrence of a fatal or collective accident, apart from the cases in which the maintenance of this condition would generate other accidents or would jeopardize the life of the injured and other persons participating in the process Work. (2) The effective implementation of the obligations provided for in the previous paragraph shall be for the persons responsible for the organization and management of the + Article 19 Persons referred to in art. 3 3 are obliged: a) to acquire and comply with the labor protection rules and their implementing measures; b) to carry out the activity in such a way that they do not expose to danger of injury or professional illness both their own person and the other persons participating in the work process; c) bring to the attention of the head of the workplace any technical failure or other situation that constitutes a danger of injury or professional illness; d) bring to the attention of the head of the workplace accidents at work suffered by his own person and other persons participating in the work process; e) stop working on the occurrence of an imminent danger of an accident and inform the driver immediately; f) to use the personal protective equipment provided, corresponding to the purpose for which it was granted; g) to give the relations requested by the control and research bodies in the field of labor protection. + Chapter 4 Coordination and control of work protection activity + Article 20 The Ministry of Labour and Social Protection exercises the coordination and control of the work protection activity and has the following main tasks: a) coordinate the development of law enforcement and other normative acts in the field of labor protection; b) collaborate with the ministries and their specialized territorial bodies, in the field of labor protection; c) authorizes, in terms of labor protection, the functioning of legal and physical persons and withdraws the authorization in case of modification of the conditions for which it was issued; d) attest to individuals and empower legal entities to provide services in the field of labor protection; e) recognizes and designates testing laboratories, as well as bodies in its field of competence, under the law; f) investigate, in terms of legal causes and liability, collective work accidents, fatal work accidents, accidents that have caused disability, as well as technical accidents and damage that could have endangered his or her health. the lives of employees and other participants in the work process; g) establishes mandatory measures to prevent the occurrence of the events provided in lett. f); h) avizes the research files of accidents at work that have produced temporary incapacity for work, prepared by the research committees of legal entities; i) repealed; j) approve the classification of mines in terms of gas emanations, based on the documentation presented by the legal entities; k) coordinates, in collaboration with the National Agency for Science, Technology and Innovation *), the elaboration of the research program of national interest in the field of labor protection; l) organize, together with the Ministry of National Education, the general training activity in the field of labor protection for secondary, high school, vocational, apprentice, technical, master, post-secondary and higher education institutions; m) organizes, in collaboration with the Ministry of National Education * *), the training of specialists in the field of labor protection, through post-secondary and postgraduate courses; n) carries out information-documentation activities regarding the protection of work, ensuring the elaboration and editing of books, magazines, brochures, leaflets, posters and other publications in this field and endorses materials elaborated for this purpose; o) elaborates, in collaboration with the Ministry of Health and with the National Institute of Statistics and Economic Studies * **), the system of reporting and records of accidents at work and occupational diseases; p) repealed; r) represents the state, as a specialized body in the field of labor protection, in relations of international cooperation. -------------------- * *) See Government Decision no. 23 23 of 4 January 2001 , published in the Official Gazette of Romania, Part I, no. 18 18 of 11 January 2001. ** **) Government Decision no. 23 23 of 4 January 2001 , published in the Official Gazette of Romania, Part I, no. 18 of 11 January 2001, the new name of the Ministry of National Education is "Ministry of Education and Research". *** ***) See Government Ordinance no. 111/2000 to amend and supplement Government Ordinance no. 9/1992 on the organization of public statistics, published in the Official Gazette of Romania, Part I, no. 426 426 of 2 September 2000. ------------- Letter e) of art. 20 20 has been amended by section 4.2 11 11 of art. I of LAW no. 194 194 of 23 June 2005 , published in MONITORUL OFFICIAL no. 592 592 of 8 July 2005. Letters i) and p) of art. 20 20 have been repealed by point 12 12 of art. I of LAW no. 194 194 of 23 June 2005 , published in MONITORUL OFFICIAL no. 592 592 of 8 July 2005. + Article 21 (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. p) shall be established by order of the Minister of Labour and Social Protection, with the opinion of the + Article 22 Labour inspectors shall be authorised: a) to exercise control of legal and natural persons, regarding the manner in which the labor protection legislation is observed; b) have free access, permanent and without prior notice, in the premises of the legal person and in any other place of work organized by it; c) to request information from any person who participates in the work process, regarding the work of labor protection; d) to request the management of the legal person, as well as to the individual the documents and information necessary in order to carry out the control or carry out e) carry out or require measurements and determinations to clarify situations of danger and take samples of products and materials for their examination outside the establishment, when the situation found requires it; f) to order the cessation of an activity or to stop the technical equipment from operation when it finds a state of imminent danger of injury or professional illness and to notify, as the case may be, the Ministry of Labour and Social Protection and the bodies of criminal prosecution; g) to propose to the management of the territorial labor inspectorate the withdrawal of the authorization of operation of the legal person or of the individual, from the point of view of labor protection, if he finds that, by amending the conditions that were at the to issue it, the labour protection rules are not complied with; h) to apply sanctions, according to the law, if they find violations of the provisions of normative acts in the field of labor protection. + Article 23 The labor inspector is obliged: a) not to have a patrimonial interest in relations with the legal or physical person, in the performance of his/her duties; b) not to disclose, even after the termination of the office of inspector, secret manufacturing or trade or operating procedures, as well as other data of a secret nature, known on the occasion of the exercise of his duties; c) to keep confidentiality of the information source in connection with complaints or complaints received, relating to failures in installations or violation of legal provisions, and not to make known to the legal person and to the individual that the inspection was carried out as a result of a complaint. + Chapter 5 Work accidents and occupational diseases + Article 24 (1) For the purposes of this law, by accident of work means the violent injury of the body, as well as acute occupational intoxication, which take place during the work process or in the performance of duty, regardless of nature legal of the contract under which the activity is carried out, and which causes temporary incapacity for work of at least 3 days, invalidity or death. (2) It is also work accident: a) the accident suffered by students, students and apprentices during the performance of the professional practice; b) the accident suffered by those who perform state or public interest tasks, including in cultural, sports activities, during and due to the performance of these tasks; c) the accident suffered by any person as a result of an action taken on his own initiative, to prevent or eliminate a danger that threatens public wealth or to save human lives; d) the accident occurred during and on the normal route of travel from work to home and vice versa; e) the accident caused by activities not related to the labor process, if it takes place at the legal person's headquarters or at the address of the individual, as an employer, or in another job organized by them, during the work program and is not due to the exclusive fault of the injury. + Article 25 The work accident is classified, in relation to the following products and with the number of injured persons, in: a) accident that produces temporary incapacity to work for at least 3 days; b) accident that produces disability; c) fatal accident; d) collective accident, when at least three persons are injured at the same time and because of the same. + Article 26 (1) The work accident will be communicated immediately to the management of the legal person or to the natural person by the job leader or any other person who is aware of the accident. ((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, by the individual, as an employer, territorial labor inspectorate and, as the case may be, competent prosecution bodies, according to the law. (3) In the case of traffic accidents produced on public roads, in which among the victims are also persons in the performance of duties, the legal or physical person to whom the injured are employed will immediately announce the territorial labor inspectorate in the county where the accident occurred. (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 27, within 5 days from the date of the request, a copy of the minutes of on-site research, at their request. + Article 27 (. The work of accidents shall be carried out as follows: a) by the legal person, in the case of the accident that caused temporary incapacity for work; b) by the territorial labor inspectorates, in the case of accidents that caused disability, death, collective accidents, as well as in the case of accidents at work that caused temporary incapacity for the work of employees employed in persons physical; c) by the Ministry of Labour and Social Protection, in the case of collective work accidents, generated by some special events, such as damage or explosions. (2) The result of the work accident research will be recorded in a report that will determine: a) the causes and circumstances in which the accident occurred; b) the provisions of the labor protection rules that have not been observed; c) persons who are responsible for non-compliance with the norms of labor protection; d) the sanctions applied; e) the legal or natural person to whom the work accident is registered; f) measures to be taken to prevent further accidents. (3) In case of death of the injured person in work the competent forensic unit is obliged to submit to the territorial labor inspectorate, within 7 days from the date of death, a copy of the forensic finding report. + Article 28 (1) The registration of the work accident is based on the minutes of research, by the legal person, as well as by the individual, to which the accident occurred. (2) The accidents suffered by students, students and apprentices during the conduct of the professional practice shall be registered by the legal person where the practice is carried out. (3) The accident suffered by a person under the conditions provided in art. 24 24 para. ((2) lit. b) shall be registered by the legal person who organized that action. (4) The work accident suffered by a person under the conditions of art. 24 24 para. ((2) lit. c) is registered by the legal or natural person where the event occurred; in the case of accident of this nature, produced outside the premises of the legal person or the individual and who has no connection with them, the registration shall be it is done by the city hall in whose territorial area it occurred. (5) The work accident occurred under the conditions provided in art. 24 24 para. ((2) lit. d) shall be registered by the legal or natural person to whom the injured is assigned. + Article 29 The work accident recorded by the legal person and the individual shall be reported by them to the territorial labour inspectorate. + Article 30 (1) For the purposes of this law, occupational diseases are the conditions that occur as a result of the exercise of a profession or profession, caused by harmful physical, chemical or biological factors, characteristics of the workplace, as well as overuse various organs or systems of the body in the process of work. (2) There are occupational diseases and conditions suffered by students, students and apprentices during the performance of the professional practice, under the conditions provided in par. ((1). + Article 31 (1) The declaration of occupational diseases is mandatory and is made by the doctors of the health unit who provide medical assistance to the participants in the work process carried out by the legal person, as well as the individual. (2) Professional diseases shall be communicated to the county inspectorate of health police and preventive medicine, whether or not they are followed by temporary incapacity for work. + Article 32 (1) The research of the causes of professional illnesses, in order to confirm or their infirmation, as well as the establishment of measures to prevent other illnesses from the same causes are done by the health police inspectorate and preventive medicine of the county, respectively of the city of Bucharest, together with the territorial labor inspectorate. (2) The result of the research of the professional disease is recorded in a report that will include the elements provided in art. 27 27 para. ((2). (3) Acute occupational toxicity shall be declared, researched and recorded both as occupational disease and as a work accident. + Article 33 (1) The registration of professional diseases is made, based on the minutes of research, by the legal person and the natural person to whom the illness occurred. (2) The professional diseases registered by the legal person and the individual shall be reported to the health police inspectorate and preventive medicine of the county, respectively of the city of Bucharest. + Chapter 6 Legal liability + Article 34 Violation of the legal provisions regarding labor protection attracts disciplinary, administrative, material, civil or criminal liability, as appropriate, according to the law. + Article 35 Failure to take any of the measures provided for by the legal provisions relating to labor protection, by the person who has the duty to take these measures to work, if this creates an imminent danger of producing a accident of work or professional illness, constitutes a crime and is punishable by imprisonment from 3 months to 2 years or with a fine. + Article 36 Failure to take any of the measures provided for by the legal provisions relating to the protection of work, by the person who has the duty to take these measures to jobs presenting a special danger, if this is to be created the possibility of a work accident or occupational illness, constitutes a crime and is punishable by imprisonment from 6 months to 3 years or a fine. + Article 37 Non-compliance by any person with established measures regarding the protection of work, if this creates an imminent danger of a work accident or occupational disease, constitutes a crime and is punishable by imprisonment from 3 months to one year or fine. + Article 38 Non-compliance by any person with the measures established with regard to the protection of work, at workplaces presenting a special danger, if this creates the possibility of a work accident or occupational disease, constitutes a crime and is punishable by imprisonment from 3 months to 2 years or a fine. + Article 39 The reinstatement of installations, machines and machinery prior to the elimination of all deficiencies for which their stop was ordered constitutes a crime and is punishable by imprisonment from 3 months to 2 years or with a fine. + Article 40 If the facts provided in art. 35-39 are committed at fault, the minimum and the special maximum of the sentence are reduced by half. + Article 41 (1) It constitutes contraventions the acts committed by legal entities and individuals, in one of the situations provided by this law, 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 30,000,000 lei to 100,000,000 lei *) violation of the provisions of art. 18 18 para. ((1) lit. o). (3) It constitutes contraventions and is sanctioned with a fine from 35,000,000 lei to 70,000,000 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 22 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 30,000,000 lei to 60,000,000 lei *) the following: a) violation of art. 8 8 para. (2), of art. 12 12 para. (2), of art. 13 13 para. ((2) and (3) and art. 18 18 para. ((1) lit. a) and m); b) failure to take measures provided for in the rules, which prevent the presence 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 25,000,000 lei to 50,000,000 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 20,000,000 lei to 40,000,000 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. 26 26 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 10,000,000 lei to 20,000,000 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. 26 26 para. ((1) and (3), of art. 27 27 para. ((1) lit. a) and para. (3), of art. 28 28 para. ((1)-(5) and art. 29 29; b) violation of art. 33 33 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. ((8) The offender may pay, on the spot or within a maximum of 48 hours from the date of conclusion of the minutes or, as the case may be, from the date of its communication, half of the minimum of the fine provided for in the law, the ascertaining agent making mention of this possibility in the minutes. --------------- *) The limits of the contravention fines provided for in art. 41 41 have been increased according to the provisions art. 1 1 of JUDGMENT no. 238 238 of 13 March 2002 , published in MONITORUL OFFICIAL no. 204 204 of 26 March 2002. Letter a) a par. ((4) of art. 41 41 has been amended by section 4.2 13 13 of art. I of LAW no. 194 194 of 23 June 2005 , published in MONITORUL OFFICIAL no. 592 592 of 8 July 2005. Alin. ((8) of art. 41 41 has been introduced by section 14 14 of art. I of LAW no. 194 194 of 23 June 2005 , published in MONITORUL OFFICIAL no. 592 592 of 8 July 2005. + Article 42 (1) The finding of contraventions and the application of fines provided for in art. 41 41 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. (2) The finding of contraventions and the application of fines provided for in art. 41 41 para. ((4) lit. b) and h), para. ((5) lit. b), para. ((6) lit. b) and para. ((7) lit. b), d) and f) are also made by the health police and preventive medicine inspectors of the Ministry of Health. (3) In case of finding a situation that falls within the provisions of art. 35-39, the inspectors referred to in par. (1) and (2) will immediately notify the competent prosecution bodies, according to the law. + Article 43 The contravention sanctions apply to legal entities and individuals, employers or employees. + Article 44 (1) The persons sanctioned contraventionally may complain against the minutes of finding the contravention within 15 days from the date of communication, at the court in whose territorial area the contravention was committed. (2) The judicial decisions rendered under the conditions of par. ((1) are subject to appeal. + Article 45 Provisions Law no. 32/1968 * *) on the establishment and sanctioning of contraventions are applicable insofar as they do not contain provisions contrary to this law. --------- * *) Law no. 32/1968 has been repealed by Government Ordinance no. 2/2001 on the legal regime of contraventions, published in the Official Gazette of Romania, Part I, no. 410 410 of 25 July 2001. + Article 46 (1) Legal persons and individuals are responsible for the property, according to civil law, for damages caused to victims of occupational accidents or occupational diseases, insofar as the damages are not fully covered by the benefits state social insurance. ((2) Abrogat. ------------- Alin. ((2) of art. 46 46 has been repealed by section 6.6. 15 15 of art. I of LAW no. 194 194 of 23 June 2005 , published in MONITORUL OFFICIAL no. 592 592 of 8 July 2005. + Chapter 7 Transitional and final provisions + Article 47 (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), is 3 months from the date of entry into force of this Law. + Article 48 (1) The Ministry of Labour and Social Protection in collaboration with the competent state bodies shall elaborate, within 30 days from the date of publication of the present law in the Official Gazette of Romania, Part I, methodological norms in application of the provisions , relating to: a) authorization of the functioning of legal persons in terms of labor protection; b) repealed; c) repealed; d) endorsement of technical documentation of information and training in the field of labor protection; e) the classification of mines in terms of gas emanations; f) communication, research, recording, reporting, record of accidents at work and declaration, confirmation, recording, reporting, records of occupational diseases, as well as of other indicators defining professional morbidity; g) financing of expenses for the implementation of labor protection measures; h) work with special danger and imminent danger of injury. (2) The methodological norms will be published in the Official Gazette of Romania, Part I. ------------- Points b) and c) of par. ((1) of art. 48 48 have been repealed by point 16 16 of art. I of LAW no. 194 194 of 23 June 2005 , published in MONITORUL OFFICIAL no. 592 592 of 8 July 2005. + Article 49 For the purposes of this law, a high risk of injury or occupational disease, which, due to the characteristics of the technological process or the work environment, is understood through work with particular danger, installations and machinery with continuous or high degree of danger in operation, require the knowledge and strict observance of the technological discipline, the occupational safety norms, the rules of order and discipline of work, to prevent any damage, explosions, fires or other technical accidents with serious consequences. + Article 50 For the purposes of this law, the imminent danger of injury means the situation in which the professional illness or illness of one or more employees can occur at any time. + Article 51 For the purposes of this law, professional practice means practical training, specific to the profession and specialty in which students, students and apprentices prepare in the workshops and laboratories of legal entities, as well as in workshops individuals. + Article 52 Annexes no. 1 and 2 are an integral part of this law, are amended and supplemented by Government decision, depending on the emergence of new fields or activities in the national economy. + Article 53 (1) This law shall enter into force 60 days after its publication in the Official Gazette of Romania, Part I. (2) On the date of entry into force of this Law, the Law no. 5/1965 on the protection of labour, H.C.M. no. 2.896/1966 on the declaration, research and evidence of accidents at work and occupational diseases, H.C.M. no. 304/1975 on the granting, use and maintenance of protective equipment and work equipment, H.C.M. no. 1.672/1974 on the planning, financing and reporting of labour protection expenditure, H.C.M. no. 2.494/1969 for the establishment and sanctioning of contraventions in the field of social work and protection, as well as other provisions contrary to this law. + Annex 1 AREAS for which general rules for the protection and hygiene of work are drawn up -------------------------------------------------------------------------------- No. crt. Domain of rules and measures -------------------------------------------------------------------------------- 1. Organization of labor protection-principles and criteria of organization; at the level of the legal person,-staff assignment and assignment as well as of the individual in the workplaces; -staff training and training; -training and improvement of specialists; -methods and means of propaganda; -equipping with individual equipment protection; -the granting of protection and hygienic-sanitary materials. 2. Work tasks-design and assignment of tasks work; -the length of working time, work in exchanges, intensity of work; -ergonomic principles in the organization the job; --transport, handling and storage materials; -components of neuropsychiatric requests and load levels with loads work; -working in isolation conditions; -working at a height. 3. Buildings and other constructions-obligations of the designer; -obligations of the executor -beneficiary's obligations; -the location of buildings, warehouses and of other types of construction; --traffic routes; -building height, sizing areas and workload; -technical-publishing installations; -social-sanitary facilities; -drinking water requirements; -collection and removal of residues. 4. Technical equipment-ergonomic principles; -common provisions; --control systems; --cars; -electrical technical equipment; --installations under pressure, lifting and transported; -equipment for energy fluids; -portable equipment and hand tools. 5. The work environment-the values of the microclimate components, depending on the physical exertion and seasonal; -chemical noxes at work, maximum permitted 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: fields electromagnetic, laser radiation, ultraviolet radiation, plasma; -occupational diseases-classification. + Annex 2 ACTIVITIES IN THE NATIONAL ECONOMY for which specific occupational safety standards are drawn up 1. Agriculture: -Large culture, viticulture, fruit growing, vegetable growing, technical plants and the use of toxic substances in agriculture activities -Harnessing protein waste -Processing, keeping, industrialization and delivery of feed -Reception, preservation, preservation and valorisation of agricultural products -Land improvements and irrigation -Exploitation of reed --Animal breeding. 2. Forestry, logging and hunting economy: -Forestry and hunting economy --Exploitation and forestry transport. 3. Fishing and fishing: --Fishing and fishing. 4. 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 -Exploitation and processing of salt. 5. Manufacturing industry: -Meat and meat products -Refrigeration installations -Fish processing industry -Processing of canned vegetables and fruits and the production of juices -Manufacture of oils and other vegetable fats -Manufacture of dairy products -Manufacture of milling and bakery products -Manufacture of sugar and sugary products -Winemaking, manufacture of alcohol, alcoholic beverages, brewing, yeast, starch, glucose and mineral water -Tobacco processing industry -Processing of textile plants (in, hemp and cotton) -Textile industry -The clothing industry in textiles, furs and leather -The leather processing industry -Manufacture of leather goods and footwear -Manufacture of wood furniture, including upholstery -Manufacture of doors, windows, prefabricated houses and panels for construction -Manufacture of sporting goods, boats, sailplanes, musical articles and school supplies -Manufacture of timber, parquet, packaging, barrels and other -Manufacture of veneer, plywood, panel, laminated-densified wood and moulded elements of furnishing or splinters -Manufacture and ennobility of chipboards or wood fibres -Manufacture of pencils -Manufacture of matches -Manufacture of wood wool and flour, of forage, tanning and furfurol extracts -Paper and pulp industry -Polygraphic industry -Crude oil processing -Manufacture of basic petrochemical products -Manufacture of explosive materials -Transport, storage and use of explosive materials -Manufacture, storage, transport and use of oxygen and nitrogen --Undoing petroleum products -Handling, transport and storage of petrochemical products -Manufacture, transport, storage and use of hydrogen -Manufacture, transport and use of acetylene -Compressed air production -Manufacture, storage and transport of inorganic products -Manufacture, storage and transport of organic products (excluding petrochemicals) -Manufacture, storage and transport of synthetic yarns and fibres -Manufacture of synthetic rubber and macromolecular products -Processing of synthetic rubber and macromolecular products -Manufacture, storage and transport of heavy water -Manufacture of glass for housekeeping, packaging and technical glassware -Manufacture of porcelain and fine ceramics for housekeeping -Manufacture of glass -Manufacture of binders and asbestos-cement -Manufacture and processing of glass fibres -Manufacture of autoclaved cellular concrete -Manufacture of concrete products, reinforced concrete and precompressed -Processing of stone and marble -Production of thermo-and waterproofing materials -Manufacture of raw and fine ceramic products for construction -Manufacture of PAS products (polyesters reinforced with glass fibres) -Manufacture of coke and coke products -Agglomeration plants -Elaboration and casting of cast iron -Elaboration and casting of steel -Lamination of profiles and flat products -Manufacture of refractory products, plates and powders used for steel casting -Manufacture of abrasive and carbunoase products --Activity in foundries -Development and preparation of non-ferrous and rare metals -The processing of asbestos -Construction and metal fabrication -Metal processing by hot plastic deformation -Metal processing by cold plastic deformation and stamping -Metal processing by chipping -Shipbuilding -Physical-chemical and mechanical analysis laboratories -Welding and cutting of metals -Thermal and thermochemical treatments -Paint activity --Metal coatings -Unconventional processing (electroerosion, electrochemistry, laser and ultrasound) -Manufacture of electronic, electro-insulating components and equipment -Manufacture of accumulators and electric pylons -Manufacture of electric lamps, cinescope tubes and lighting fixtures -Manufacture of rotary electric machines, transformers and force capacitors -Operation and maintenance of conveyors with tape --Working with non-ionizing radiation -Automatic data processing --Activities that take place at binocular. 6. Electricity and heat, gas and water: -Power generation -Transport and distribution of electricity -Use of electricity in normal environments -Production of thermal energy -Thermal power plants equipped with wood fuel boilers -Transport, distribution and use of thermal energy -Distribution and use of gas -Water supply of localities and for technological needs (capture, transport and distribution) -Wastewater disposal resulting from population and technological processes -Exploitation, water management, maintenance of works and watercourses, water and water-related use and flood defences. 7. Construction: -Geotechnical works of excavations, foundations, earthworks, levelings and field consolidations -Preparation, transport, concrete casting and execution of concrete works, reinforced concrete and precompressed -Execution of high constructions (including sliders and lifts) -Masonry works, prefabricated assembly and construction finishes -Thermal insulation works, hydroelectric and anti-corrosion protection -Works of technical-sanitary and heating installations -Installation works of technological equipment and metal constructions -Hydrotechnical, port and waterway construction -Repair works, consolidations, demolitions and building translations -Road, bridge and railway construction works -Utility climbing -Works of formwork, scaffolding, centry and scaffolding. 8. Wholesale and retail trade, repair and maintenance of motor vehicles: -Wholesale and retail trade -Handling, carrying and with mechanized means and storage of materials -Maintenance and repair of motor vehicles. 9. Hotels and restaurants: -Tourism, food and transport of people with cableway installations. 10. Transport, storage and communications: --Road transport --Transport by rail -Exploitation of the Metro -Urban transport with electric traction (tram, trolleybus) and related installations, operation and maintenance --Domestic transport -Naval transport --Air transport -Operation and maintenance of roads and bridges -Port operation and maintenance --Post -Telecommunications --Radiocommunications. 11. Health and Social Work: --Health activities. 12. Other collective and personal social services activities: -Communal management and public sanitation -Service performance activity. 13. Other activities: --Working at height --Working in confined spaces -Signaling security and/or health at work --Organization of temporary or mobile construction sites. ----------