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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Law No. 90 of 12 July 1996 (republished) (* updated *) concerning labour protection (updated until 11 July 2005 *)-PARLIAMENT ISSUING — — — — — — — — *) original text was published in MONITORUL OFICIAL nr. 47 of 29 January 2001. This is the updated form of S.C. "territorial Center of Electronic Computing" Piatra Neamt until 11 July 2005, with amendments and additions made by: judgement No. 238 of 13 March 2002; Law No. 194 of 23 June 2005.
— — — — — — — — — *) Republished 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 it a new texts.
Labour protection law No. 90/1996 was published in the Official Gazette of Romania, part I, no. 157 of 23 July 1996.


Chapter 1 General provisions Article 1 (1) of the Labour Protection constitutes an overview of institutionalised activities aimed at ensuring the best conditions in the process of work, defense of life, bodily integrity and health of employees and other persons involved in the employment process.
  

(2) labour protection Rules laid down in this law means a unitary system of measures and rules applicable to all participants in the working process.
  

(3) the activity of labour protection ensure that ergonomic criteria in order to improve working conditions and to reduce physical exertion 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 entities and physical activity is conducted with the staff on the basis of the individual contract of employment or in other circumstances provided for by law.
  

(2) for the purposes of this law, by legal entities and physical means: economic operators in the private and public sector, cooperative, including foreign capital, carrying out activities on the territory of Romania; authorities and public institutions, as well as the Romanian economic operators carrying out works with personal English territory other countries under international conventions or bilateral agreements; associations, foundations and non-profit organizations; members of 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.
  

— — — — — — — — — — — —-. (2) of article 9. 2 was amended by section 1 of article. 1 of law No. 194 of 23 June 2005, published in Official Gazette No. 592 of 8 July 2005.


Article 3 of the labour protection Rules apply to cooperative members, employees, apprentices, pupils and students in the period of carrying out of professional practice.
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Art. 3 was amended by paragraph 2 of article 9. 1 of law No. 194 of 23 June 2005, published in Official Gazette No. 592 of 8 July 2005.


Article 4 (1) the Ministry of labour and social security *) and ministries of health *), through their specialized bodies of Central and territorial, organizes, coordinates and controls the activity of labour protection.
  

(2) the Ministry of national defense, Ministry of Interior and Ministry of Justice-Directorate-General of prisons, the Ministry of Finance)-financial Guard intelligence service, as well as intelligence, foreign intelligence service, the Special Telecommunications Service and the protection and Guard Service organizes, coordinates and controls the work of the safety of their own, through these bodies, ministries and services on the basis of the provisions of this law.
  

(3) research, registration and record of accidents at work and occupational diseases, as well as authorization, from the point of view of protection of labour ministries and subordinate units of the services mentioned in paragraph 1. (2) shall be carried out by the bodies.
  

— — — — — — — — — — — — — — — — *) according to the governmental decision nr. 18 of 4 January 2001, published in the Official Gazette of Romania, part I, no. 12 out of 10 January 2001, the Ministry of Finance's new name is "Ministry of public finance".
*) According to the governmental decision nr. 4 of 4 January 2001, published in the Official Gazette of Romania, part I, no. 9 out of 9 January 2001, the new name of the Ministry of labour and social security is "Ministry of labour and social solidarity".
) According to the governmental decision nr. 22 of January 4, 2001, published in the Official Gazette of Romania, part I, no. 16 of January 10, 2001, the new name of the Ministry of health is "the Ministry of health and family".
— — — — — — — — — — — — — — — — *) Note: the new structure of CTCE Ministry of labour, social solidarity and family is provided for in its judgement No. 412 of 5 May 2005, published in Official Gazette No. 427 of 20 May 2005.


Article 5 (1) the Ministry of labour, social solidarity and family issue general norms, normative and other national regulations in the field of health and safety in work, coordinates the elaboration of specific rules on the activities, participate in the development and approval of standards and develops and advises regulations with implications in the field of competence or other institutions, according to the law.
  

(2) General rules on labour protection measures include rules and applicable throughout the national economy.
  

(3) the areas for which the General rules on labour protection are contained in annex 4. 1 to this law.
  

(4) National Commission for Nuclear Activities Control shall develop specific rules and controlling nuclear activities regarding compliance with them.
  

(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.
  

(6) legal and physical Persons are obliged to develop its own instructions for the application of the rules of labour protection, depending on the particularities of work processes.
  

— — — — — — — — — — — —-. (1) of article 1. 5 was amended by section 3 of article 9. 1 of law No. 194 of 23 June 2005, published in Official Gazette No. 592 of 8 July 2005.


Article 6 (1) the Ministry of health shall issue specific rules on health in the workplace, participate in the elaboration and approval of norms and regulations developed by other advises institutions, employees ' health at work.
  

(2) areas where the labor hygiene rules are contained in the annex. 1 to this law.
  

— — — — — — — — — — — —-. (1) of article 1. 6 was amended by paragraph 4 of art. 1 of law No. 194 of 23 June 2005, published in Official Gazette No. 592 of 8 July 2005.


Article 7 (1) collective bargaining agreement is reached at the level of units, unit groups, branches of activities, as well as at the national level will involve compulsory, clauses relating to safety, in accordance with the provisions of this law, whose application to ensure the prevention of accidents at work and occupational diseases.
  

(2) In individual employment contracts, as well as in education and training will be provided for clauses on the protection of labor, settling and liability of the parties.
  

(3) international conventions and bilateral contracts concluded by the Romanian legal entities with foreign partners, in order to carry out works with Romanian staff in the territory of other countries, should include clauses on the protection of labour.
  

— — — — — — — — — — — —-. (2) of article 9. 7 was amended by section 5 of art. 1 of law No. 194 of 23 June 2005, published in Official Gazette No. 592 of 8 July 2005.


Article 8 (1) the regulations on the organisation and operation of legal persons will be laid down obligations and responsibilities in the field of labour protection, in accordance with the provisions of this law.
  

(2) depending on the nature, complexity and risks of specific activities, as well as the number of employees, legal entities shall establish staff duties in the field of labour protection or, where appropriate, shall organize safety compartments.
  


Article 9 (1) production activities or 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 labour protection.
  


Article 10 the expenses related to the completion of labour protection measures shall be borne by the chapter "other operating charges" of legal persons and natural persons as well as of the amounts provided for this destination in the budgets of public institutions or, where applicable, investment funds.


Article 11 (1) the activities of national interest in the field of labour protection and coverage of expenditure necessary for the implementation thereof shall be approved by the Government on the proposal of the Ministry of labour and social protection.
  

(2) scientific research activities in the field of labour protection, the national interest, is financed from the funds envisaged for them under the law.
  


Chapter 2 technical equipment, personal protective equipment and working protective nutrition and hygienic-sanitary materials in article 12 (1) for the purposes of this Act, technical equipment: any machine, apparatus, tool or installation used in work.
  


(2) machinery must comply with the legislation in force, as well as, at least, of the level of security required by the standards, so as to present no danger to the health and safety of employees or of other participants in the working process.
  

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Art. 12 was amended by section 6 of article. 1 of law No. 194 of 23 June 2005, published in Official Gazette No. 592 of 8 July 2005.


Article 13 (1) for the purposes of this law, by personal protective equipment shall mean all equipment designed to be worn or held by the worker to protect him against one or more hazards likely to endanger the safety and health at work, and any addition or accessory designed to meet this objective.
  

(1 ^ 1) Personal protective equipment, defined according to paragraph 3. (1) excludes: a) working clothes and uniforms that are not specifically designed to protect the safety and health of the worker;
  

b) equipment used by emergency and rescue services;
  

c) personal protective equipment worn or used by the military, the police or other institutions of public policy;
  

d) personal protective equipment for means of road transport;
  

e) sports equipment;
  

f) self defense or deterrent equipment;
  

g) portable devices for detecting risks and accomplish the sign-up and nuisances.
  

(2) personal protective equipment shall be provided, free of charge, compulsory employees, as well as other categories of persons carrying out activities from legal and physical persons. 2, according to the provisions of applicable legislation table of contents.
  

(3) if personal protective equipment degradation, loss of protective qualities, shall be binding on a new piece of equipment.
  

(4) the degradation or loss of personal protective equipment before the time of use, the fault of the carrier, the liability for damage caused by the law.
  

— — — — — — — — — — — —-. (1) of article 1. 13 has been amended point 7 of article. 1 of law No. 194 of 23 June 2005, published in Official Gazette No. 592 of 8 July 2005.
Paragraphs 1 and 2. (1 ^ 1), art. 13 was introduced by section 8 of article. 1 of law No. 194 of 23 June 2005, published in Official Gazette No. 592 of 8 July 2005.
Paragraphs 1 and 2. (2) of article 9. 13 was amended by point 9 of article. 1 of law No. 194 of 23 June 2005, published in Official Gazette No. 592 of 8 July 2005.


Article 14 (1) for the purposes of this law, the working equipment means that legal and individual entities allow an employee for use during labor to protect clothing and footwear.
  

(2) work equipment shall be granted by the legal entities under the conditions negotiated by collective bargaining agreements.
  

(3) the necessary expenditure for the purchase of work equipment shall be chargeable at the rate of 50% of "other operating charges" 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 recipients.
  


Article 15 personal protective equipment must comply with the legislation in force, as well as, at least, of the level of security required by the standards, so as to provide protection against one or more health or safety risk to users.
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Art. 15 was amended by paragraph 10 of article 10. 1 of law No. 194 of 23 June 2005, published in Official Gazette No. 592 of 8 July 2005.


Article 16 shall be granted protective Nutrition, compulsory and free of charge, by legal entities and physical persons working in jobs with heavy and harmful conditions, based on rules drawn up by the Ministry of health and Ministry of labor and social protection.


Article 17 (1) hygienic-sanitary Materials shall be compulsory and free of charge, by legal entities and physical persons working in jobs whose specific calls for personal hygiene.
  

(2) the categories of hygienic and sanitary materials, as well as jobs requiring the granting of which shall be determined on the basis of the rules established by the Ministry of health.
  


Chapter 3 Obligations regarding the implementation of measures for the protection of labour in article 18 (1) in order to ensure the conditions for safety and to prevent industrial accidents and occupational diseases, the management of the legal person, and the person shall have the following obligations: a) to adopt the research phase, design and execution of construction, technical equipment, as well as in the elaboration of the technologies of manufacturing solutions in accordance with the norms of labor protection, through whose application to be eliminated risk of injury and occupational illness of employees and other persons participating in the work process;
  

b) require the territorial Inspectorate work authorization officers in terms of unit of labour protection, to maintain working conditions which have obtained the authorization and to reviewing it where the initial conditions under which it was issued;
  

(c) to establish technical measures), health and organizational safety, appropriate working conditions and environmental factors specific to the unit;
  

d) for employees to establish and to other participants in the process of work tasks and responsibility in the field of labour protection, properly exercised functions;
  

(e) to elaborate its own rules) for the application of the rules of labour protection, appropriate conditions under which the work is done at places of work;
  

f) ensure and control, through the specialized compartments or by its staff knowledge and application, by all employees and participants in the process, technical, sanitary measures and organizational set up, as well as the legal provisions in the field of labour protection;
  

(g) to take measures for) ensuring the necessary materials for the information and education of employees and participants in the work: posters, leaflets, videos and the like, diafilme regarding labor protection;
  

h) to ensure that every person in the work engagement, previously of the risks that it is exposed to the workplace, as well as on the preventive measures needed;
  

I) to ensure the unit's expense, training, testing and further training of persons involved in the field of labour protection;
  

j) to take measures to permit the exercise of trades and professions as provided for in the rules of labour protection;
  

k) to employ only persons who, as a result of medical control and audit skills psihoprofesionale, correspond to the load of work you are going to run;
  

keep track of it) to workplaces with special conditions: heavy, harmful, dangerous and accidents at work, occupational diseases, accidents and technical failures;
  

m) to ensure the functioning of the systems and correct permanent and protective devices to measure and control apparatus and installations for the capture, retention and neutralization of harmful substances emitted in the course of technological processes;
  

n) to submit documents and to give inspectors the required relationships work during the check of conducting research or industrial accidents;
  

a) to ensure that the measures laid down by the labour inspectorates of the controls and of industrial accidents;
  

p) to designate, at the request of the Inspector of labour, workers who participate in control or to research on occupational accidents;
  

r) not to alter the status quo resulting from the occurrence of a fatal accident or collectively, apart from cases in which the maintenance of this State would cause other accidents would jeopardize life times accidentatilor and other individuals participating in the working process.
  

(2) the actual carrying out of the obligations referred to in the preceding paragraph the persons involved in the Organization and leadership of the process.
  


Article 19 Persons mentioned in article 1. 3 are required to: (a) acquire and) to the rules of labour protection and the measures for their application;
  

b) to operate in so it does not expose themselves to the risk of accident or professional illness both yourself and other persons participating in the work process;
  

(c) to bring to the attention of) the driver of any technical failure or other situation that constitutes a danger of injury or occupational illness;
  

(d) to bring to the attention of) the driver's workplace accidents suffered by yourself and other people involved in the process;
  

It's the right thing to stop) has the appearance of an imminent danger of a crash and to immediately inform the leader of the workplace;
  

f) to use personal protective equipment as standard, corresponding to the purpose for which it was granted;
  

g) to give the required relationships of control bodies and research in the field of labour protection.
  


Chapter 4 the coordination and control of the activity of labour protection in article 20 the Ministry of labour and social security coordination and exert control over the activity of labour protection and has the following main tasks:


to coordinate the elaboration of rules) applying the law and other normative acts in the field of labour protection;
  

b) cooperates with the ministries and agencies under their jurisdiction, in the field of labour protection;
  

c) authorizes, in terms of occupational, physical and legal entities functioning and withdraw approval if the conditions for which it was issued;
  

d) certify individuals and corporates to link settlement provide services in the field of labour protection;
  

e) recognizes and shall designate laboratories for trials, and bodies in the field of jurisdiction, or the law;
  

f) investigated the causes and legal liability, accidents at work, accidents at work, accidents that have occurred, such as disability and technical accidents and breakdowns that could endanger the health or life of employees and other participants in the process;
  

g) sets out measures to be taken in order to prevent the production of the events referred to. f);
  

h) advises the research records of accidents at work that have produced temporary incapacity of work, prepared by the research committees of legal persons;
  

I) repealed;
  

j) approve the classification of mines in terms of gas discharge, based on the documentation submitted by the legal persons;
  

k) coordinate, in cooperation with the National Agency for Science, technology and innovation), the development of the research programme of national interest in the sphere of labour protection;
  

It organizes, together with) the Ministry of national education, the preparatory work for the General labour protection for educational institutions, secondary, vocational, apprenticeship, technical, craftsmen, post-secondary and higher education;
  

m) organizes, in collaboration with the Ministry of national education *), training of specialists in the field of labour protection, through post-secondary and graduate courses;
  

n) conducts information-documentation regarding safety, ensuring the development and editing of books, magazines, brochures, leaflets, posters and other publications in this area and advises materials developed for this purpose;
  

a) develops, in collaboration with the Ministry of health and with the National Institute of Statistics and economic studies *), the system of reporting and recording accidents at work and occupational diseases;
  

p) repealed;
  

r) represent the State as a body specialized in the field of labour relations of international cooperation.
  

— — — — — — — — — — — — — — — — — — — — *) see Judgment No. 23 of January 4, 2001, published in the Official Gazette of Romania, part I, no. 18 of January 11, 2001.
*) According to the governmental decision nr. 23 of January 4, 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 the "Ministry of education and research".
) See the Government Ordinance. 111/2000 for the modification and completion of the Government Ordinance. 9/1992 on the Organization of public statistics, published in the Official Gazette of Romania, part I, no. 426 of 2 September 2000.
— — — — — — — — — — — — — the letter s) art. 20 amended by point 11 of article 1. 1 of law No. 194 of 23 June 2005, published in Official Gazette No. 592 of 8 July 2005.
Letters i) and p) of art. 20 were of point 12 of article 4. 1 of law No. 194 of 23 June 2005, published in Official Gazette No. 592 of 8 July 2005.


Article 21 (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. p) shall be determined by order of the Minister of labour and social protection, with the opinion of the Ministry of finance.
  


Article 22 of the Labour Inspectors are authorized to: (a) control the) legal entities and individuals, on how they comply with labour protection legislation;
  

b) have free access, and without prior notice, in person and in any other place of work organized by it;
  

c) require information from any person who participates in the process of with regard to labour protection activity;
  

d) require management of a legal person, as well as individual documents and information necessary for carrying out the research or control occupational accidents;
  

e) carry out or ask for measurements and determinations to clarify the situations of danger and to take samples of products and materials for their examination in addition to the drive, when the situation so requires and verified;
  

f) have at its disposal a cessation of activities on or off from service of machinery when find a State of imminent danger of injury or illness and to refer, where appropriate, the Ministry of labour and social protection and the prosecution;
  

g) to propose the territorial Inspectorate management withdrawal of labour for the operation of the legal entity or natural person, from the point of view of the protection of labour, if you noticed that by changing the conditions that gave rise to the issue thereof, does not respect the norms of labour protection;
  

h) to apply the sanctions foreseen by the law where find infringements of normative acts in the sphere of labour protection.
  


Article 23 the Inspector is obliged: a) not have a proprietary interest in our dealings with the legal or physical person in the execution of his duties;
  

b) not disclose, even after termination of the inspector, manufacturing secrets or trade processes, times and other data with secret, known when exercising his powers;
  

c) to preserve the confidentiality of the source of such information in connection with complaints or complaints received relating to faults in the equipment or the violation of laws, and not to make known the legal person and the natural person providing inspection has been made as a result of a complaint.
  


Chapter 5, accidents at work and occupational diseases Article 24 (1) for the purposes of this law, by accident at work shall mean injury of violence to the body, as well as acute intoxicatia, occurring during employment or in carrying out their duties, regardless of the legal nature of the contract under which the work is done, and causing temporary incapacity for work of at least 3 days , disability or death of the times.
  

(2) it is also industrial accidents: a) the accident suffered by pupils, students and apprentices during professional practice;
  

b) accident suffered by those performing the tasks of the State or of public interest, including in the context of cultural, sporting activities, during and due fulfilment of these tasks;
  

c) accident suffered by any person as a result of an action on its own initiative, in order to prevent a hazard elimination times threatening Vinnytsya or for saving lives;
  

d) during and accident occurred on the route of travel from home to work and vice versa;
  

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.
  


Article 25 employment Accident shall classify, in relation to the follow-up and the number of products damaged in accident: a) produces temporary incapacity for work of at least 3 days;
  

b) accident incapacitating;
  

c) fatal accident;
  

d) collective accident, when they are usually at least three people at the same time and in the same cause.
  


Article 26 (1) a workplace accident, will be made available as soon as the management of the legal person or natural person by the head of the place of work or any other person who has knowledge about the accident.
  

(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, the competent organs of prosecution, according to the law.
  

(3) in the case of accidents of circulation on public roads, the products in which they are among the victims and dependents service tasks, physical or legal person to which employees are accidentatii will announce as soon as the Labor Inspectorate within the County in which the accident occurred.
  

(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. 27, within 5 days from the date of the request, a copy of the research report on the spot, at their request.
  


Article 27 (1) occupational accidents Investigation shall be conducted as follows: a) by a legal person, if the accident which caused the temporary incapacity for work;
  

b) by labor inspectorates, in the case of accidents which have occurred within disability, death, accidents, and in the case of accidents which have produced temporary incapacity of the employees hired to individuals;
  


c) by the Ministry of labour and social security, in case of accidents at work, generated by some special events, such as crashes or explosions.
  

(2) the result of the research work accident will be recorded in minutes which shall establish: (a) the causes and circumstances) that the accident took place;
  

(b) the provisions of rules) protection at work which have not been complied with;
  

(c) persons who are) responsible for breaking the rules of labour protection;
  

d) penalties imposed;
  

It's a legal or physical person) from the accident;
  

f) measures to be taken in order to prevent other accidents.
  

(3) in case of death of the person damaged in the forensic unit work competence is required to submit to the territorial labour inspectorate, within 7 days from the date of death, a copy of the report of the forensic findings.
  


Article 28 (1) work accident Record is made on the basis of the research report, by a legal person, as well as by the natural person, where the accident occurred.
  

(2) Accidents suffered by pupils, students and apprentices during professional practice shall be registered by the legal person where the practice.
  

(3) the accident suffered by a person under the conditions laid down in article 21. 24 para. (2) (a). b) is recorded by the legal person which organized the action.
  

(4) work Accident suffered by a person pursuant to article. 24 para. (2) (a). (c)) shall be recorded by the legal or natural person where the event occurred; in the event of an accident of this nature, produced out of the enclosure of a legal person or from a natural person and which has no connection with these, the registration is done by the Town Hall in whose territory it was produced.
  

(5) work Accident occurred under the conditions laid down in article 21. 24 para. (2) (a). (d)) shall be registered by the legal person or the physics which is accidentatul.
  


Article 29 work Accident registered legal person and a natural person shall be reported by the Inspectorate of labour.


Article 30 (1) for the purposes of this law, occupational diseases are disorders that occur as a result of the exercise of a trade or profession, caused by harmful factors physical, chemical or biological characteristics of the workplace, and the overuse of various organs or systems of the body work process.
  

(2) Are occupational diseases and afflictions suffered by pupils, students and apprentices during their professional practice, under the conditions laid down in paragraph 1. (1) article 31 (1) the Declaration of occupational diseases is mandatory and is done by physicians health unit grant healthcare participants in the work carried out by the legal person, as well as the individual.
  

(2) the Inspectorate shall be notified occupational diseases County Health and preventive medicine, whether or not followed by the temporary incapacity for work.
  


Article 32 (1) Researching the causes of occupational diseases, in order to confirm or invalidation, and to establish measures to prevent other illnesses from the same causes are made of animal health inspectorate and preventive medicine of Bucharest city, respectively, together with the Inspectorate.
  

(2) research occupational disease shall be recorded in minutes which shall include the particulars mentioned in article 1. 27(2). (2) (3) Intoxicatia acute Professional are declared, is investigated and recorded both as occupational disease and accidents at work as.
  


Article 33 (1) registration of occupational diseases shall be carried out on the basis of the research report, by the legal person and the natural person to whom illness has occurred.
  

(2) occupational diseases registered by the legal person and the natural person shall be reported to the Inspectorate of health and preventive medicine of Bucharest city, respectively.
  


Chapter 6 legal liability Article 34 violations of the legal provisions concerning labor protection draws disciplinary, administrative, civil or criminal material, as appropriate, in accordance with the law.


Article 35 Failure of any of the provisions of the laws relating to the protection of labor, by the person who has the duty to take such measures at the workplace, if by doing so it creates an imminent danger of a work accident or occupational illness, constitutes infringement and is punishable with imprisonment from 3 months to 2 years or by a fine.


Article 36 Failure of any of the provisions of the laws relating to the protection of labor, by the person who has the duty to take such measures at workplaces that presents a hazard, if by doing so it creates the possibility of an accident at work or occupational sickness, constitutes infringement and is punishable by imprisonment from six months to three years or by a fine.


Article 37 the failure by any person to the measures established in respect of the protection of labour, if by doing so it creates an imminent danger of a work accident or occupational illness, constitutes infringement and is punishable with imprisonment from 3 months to one year or by a fine.


Article 38 the failure by any person to the measures laid down regarding safety at places of work that presents a hazard, if by doing so it creates the possibility of an accident at work or occupational sickness, constitutes infringement and is punishable with imprisonment from 3 months to 2 years or by a fine.


Article 39 Reinstatement into service of installations, 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.


Article 40 where the acts referred to in article 1. 35-39 are committed due, minimum and maximum of the penalty shall be reduced by half.


Article 41 (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 30,000,000 100,000,000 Lions Lions *) infringements art. 18 paragraph 1. (1) (a). a). (3) Constitute contraventions and sanctions with fine 35,000,000 70,000,000 lei lei) non-compliance with the provisions of art. 9 and art. 18 paragraph 1. (1) (a). (b)), as well as failure by a physical person and legal articles. 22 lit. a), b) and e) on the exercise of the Superintendent's job.
  

(4) Constitute contraventions and sanctions with fine 30,000,000 60,000,000 lei lei) as follows: a) infringements of the provisions art. 8 para. (2) of article 3. 12(3). (2) 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 allowed in rules 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 sanctions with fine 25,000,000 lei la 50,000,000 lei *) the following: (a) breach of the provisions of article). 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 from fines to 20,000,000 40,000,000 lei lei) as follows: a) infringements of the provisions 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. 26 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 fine 10,000,000 lei lei to 20,000,000 *) the following: (a) breach of the provisions of article). 18 paragraph 1. (1) (a). n) of art. 19 lit. a), c), (d)), f) and (g) of article 5). 26 para. (1) and (3) of art. 27(2). (1) (a). paragraphs 1 and 2). (3) of article 1. 28 para. (1) to (5) and of article 23. 29;
  

b) infringements art. 33 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 labour protection.
  

(8) the Offender may pay, on the spot or within a maximum period of 48 hours from the date of conclusion of the times report, if applicable, from the date of its communication, one half of the minimum fine provided for in the law, claim agent making mention of this possibility in the minutes.
  

— — — — — — — — — — — — — — — *) limits the administrative fines provided for in art. 41 have been increased according to the provisions of article 3. JUDGMENT No. 1 238 of 13 March 2002, published in Official Gazette No. 204 of 26 March 2002.
(A) paragraphs 1 to 5). (4) article. amended 41 of point 13 of article. 1 of law No. 194 of 23 June 2005, published in Official Gazette No. 592 of 8 July 2005.
Paragraphs 1 and 2. (8) article. 41 was introduced by the pct, article 14. 1 of law No. 194 of 23 June 2005, published in Official Gazette No. 592 of 8 July 2005.


Article 42 (1) the finding of violations and imposition of fines under article 4. 41 para. (2) to (7) shall be carried out by labour inspectors of the labour inspection; amounts received by way of a fine shall be made to the State budget income as a percentage of 85% and 15% constitutes the incentive fund personnel to the Labour Inspectorate.
  

(2) the finding of violations and imposition of fines under article 4. 41 para. (4) (a). b) and h), para. (5) (a). (b)), para. (6) (a). b) and para. (7) (a). b), d) and (f)) are carried out by inspectors of health and preventive medicine of the Ministry of health.
  

(3) in the event of a situation falling within the provisions of art. 35-39, referred to in paragraph 1. inspectors (1) and (2) shall refer the matter without delay to the competent criminal investigation bodies, according to the law.
  


Article 43 shall apply administrative Sanctions to legal persons and individuals, employers or employees.


Article 44 (1) sanctioned Persons contravening may bring a complaint against the minutes in respect of the contravention within 15 days of the notification, the Court in whose territory it was committed that offence.
  

(2) judgments handed down under the terms of paragraph 1. (1) shall be subject to appeal.
  


Article 45 the provisions of law No. 32/68 *) relating to the establishment and sanctioning offences are applicable insofar as they do not contain provisions contrary to this law.
─ ─ ─ ─ ─ ─ ─ ─ ─ *) Law No. 32/1968 was repealed by Government Ordinance. 2/2001 on the legal regime of irregularities, as published in the Official Gazette of Romania, part I, no. 410 of 25 July 2001.


Article 46 (1) legal persons and natural persons responsible for the owners, according to the civil law, for damage caused to the victims of accidents at work or occupational diseases, to the extent that the damage is not covered in full by the State social insurance benefits.
  

(2) Repealed.
  

— — — — — — — — — — — —-. (2) of article 9. 46 has been repealed by point 15 of article 2. 1 of law No. 194 of 23 June 2005, published in Official Gazette No. 592 of 8 July 2005.


Chapter 7 transitional and final provisions Article 47 (1) legal persons and natural persons 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.
  


Article 48 (1) the Ministry of labour and social security, in collaboration with the competent State bodies will develop, within 30 days after the date of publication of this law in the Official Gazette of Romania, part I, pursuant to the guidelines, requirements concerning: (a) authorization of legal entities) officials from the point of view of labour protection;
  

b) repealed;
  

c) repealed;
  

d) advising technical documentation, information and training in the field of labour protection;
  

e) classification of mines in terms of discharge;
  

f) communication, research, reporting, record-keeping, occupational accidents and declaring, confirmation, recording, reporting, record of occupational diseases, as well as other indicators that define occupational morbidity;
  

(g) expenditure relating to financing achievement) the measures of protection of labour;
  

h) work with the danger and threat of injury.
  

(2) the detailed rules will be published in the Official Gazette of Romania, part I.
  

— — — — — — — — — — — —-b) and (c) of paragraph 1.) (1) of article 1. 48 were repealed by paragraph 16 of article. 1 of law No. 194 of 23 June 2005, published in Official Gazette No. 592 of 8 July 2005.


Article 49 for the purpose of this law, the workplace with unreasonable threat means work that presents a high risk of accident or occupational illness, which, due to the characteristics of its own technological process or working environment, plant and machinery with a continuous or operating with high degree of danger, require knowledge of and compliance with the strictest technological discipline rules of safety, rules of order and discipline, in order to prevent any damage, explosions, fires or other accidents with serious consequences for technical.


Within the meaning of article 50 of this law, by means of threat of injury shall mean a situation in which it can produce at any time injury or occupational illness of one or more employees.


For the purposes of article 51 of this law, through professional practice means the specific training and practice, the Trade Department in preparing pupils, students and apprentices in the workshops and laboratories, as well as legal entities and physical persons in the workshops.


Article 52 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.


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 the present law shall repeal the law. 5/1965 on the protection of labor, H.C.M. nr. 2.896/1966 Declaration, research and record of accidents at work and occupational diseases, H.C.M. nr. 304/1975 concerning the granting, using and maintenance of protective equipment and work equipment, H.C.M. nr. 1.672/1974 concerning the planning, resourcing and reporting expenditures of labour protection, H.C.M. nr. 2,494/1969 for establishing and sanctioning of offences in the field of labour and social ocrotirilor as well as other provisions contrary to this law.
  


Annex I domains for which general rules shall provide protection and hygiene of work ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ no. crt. Field rules and measures

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  1. The Organization of labour protection-principles and criteria of the Organization;
     at the level of the legal person, classification and distribution of staff-as well as of individual workplaces;
                                    -the preparation and training of personnel;
                                    -the formation and perfection of specialists;
                                    -methods and means of propaganda;
                                    -date of personal protective equipment;
                                    -granting food and hygienic-sanitary materials.
  2. The tasks of the work-design and distribution of tasks;
                                    -duration of work, shift work, labour intensity;
                                    -ergonomic principles into the organisation of the workplace;
                                    -transportation, handling and storage of materials;
                                    -components and levels of Neuropsychological requests with tasks;
                                    -working in isolation;
                                    -working at height.
  3. Buildings and other constructions-obligations of the designer;
                                    -the obligations of the contractor;
                                    -the obligations of the beneficiary;
                                    -the location of buildings, warehouses, and other types of construction;
                                    -ways of movement;
                                    -the height of buildings, the volume and surface sizing;
                                    -technical-urban installations;
                                    -social amenities;
                                    -demand for drinking water;
                                    -the collection and removal of residues.
  4. Technical equipment-ergonomic principles;
                                    -common provisions;
                                    -control systems;
                                    -cars;
                                    -technical equipment;
                                    -pressure plants and transported;
                                    -equipment for fluid energy;
                                    -portable equipment and hand tools.
  5. work Environment-values of components, depending on the microclimate of 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;
                                    -Industrial ventilation;
                                    -industrial lighting;
                                    -noise, vibration and ultrasonic: intensity and exposure;
                                    -electromagnetic radiation: electromagnetic fields, laser radiation, ultraviolet radiation, and plasma;
                                    -occupational diseases-classification.


Annex 2 ACTIVITIES in the NATIONAL ECONOMY for which specific rules shall be established by the industrial safety 1. Agriculture:-high Culture, viticulture, fruit growing, vegetable growing, technical crops and the use of toxic substances in farming activities-the protein waste-processing, storage, and delivery of fodder industrialization-Receiving, preservation, conservation and valorization of agricultural products-reclamation and irrigation-Reed-Animal Exploitation.
2. Forestry, logging and hunting economy: economy-Forestry and game-Farm forestry and transport.
3. Fish farming and fishing: fishing-Fish and.
4. Mining: exploration and geological-Prospecting-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.
5. Manufacturing:-meat industry and meat products-refrigeration Plants-fish processing industry-Processing of tinned vegetables and fruit and juice production-manufacture of oils and other vegetable fats-dairy-production of milling and bakery-manufacture of sugar and sugar products-Wine, alcohol, alcoholic beverages, beer, yeast, starch, glucose and mineral water-tobacco processing Industry-Processing plants (in textiles and cotton, hemp)-textile-apparel Industry of textile, fur and leather products-leather processing industry-manufacture of leather and footwear-furniture made of wood, including door-Manufacturing upholstered, prefabricated houses, Windows and panels for construction and manufacture, better equipped, sailplanes, and musical school supplies-wood timber, parquet Manufacture, packaging, barrels and others-Manufacture of veneer , wood panel coating, laminated flooring items-and molded veneer or chips-innobilarea chips and motherboards from wood or fiber-making-chibriturilor Manufacture-manufacture of wool and wood flour, yeast extracts, tannins and furfurolului-the pulp and Paper Industry-Printing Industry-oil-Processing manufacture of petrochemical-manufacture of explosive materials-transport, storage and use of explosive materials-Manufacture , storage, transport and use oxygen and nitrogen-disposal of petroleum products-Handling, transport and storage of petrochemical-Manufacture, transport, storage and use of hydrogen-production, transport and use of acetylene-Production compressed air-the manufacture, storage and transport of inorganic products-manufacture, storage and transport of organic products (petrochemical)-production, storage and transport of yarns and synthetic fibers synthetic rubber Manufacture-and macromolecular products-synthetic rubber Processing and products — manufacture of macromolecular , storage and transport of heavy water-glass for cleaning, packaging and glass-making technique porcelain and fine ceramics for glass-cleaning-liantilor and asbestos-cement manufacture and processing of glass fibres manufacture of cellular concrete-Silica fume-manufacture of concrete, reinforced concrete and prestressed-processing of stone and marmurii-producing materials and thermal insulation-manufacture of ceramic building gross and fine-manufacture of PAS (polyesters armati glass fibre)-manufacture of coke and cocsochimice-products Factories density-the development and casting iron and steel casting-Rolling-profiles and flat products-manufacture of refractory tiles and powder used in steel casting-manufacture of abrasives and carbunoase-work in home foundries-elaboration and preparation of non-ferrous and rare metals-Processing of asbestos-building and metal-working metal by plastic deformation at the hot-metal through the cold plastic deformation and punching-metalworking waiter-shipbuilding-laboratory of physico-chemical analyses and mechanical-Welding and cutting of metals- Thermal and thermochemical treatments-Coatings-coating Activity of metallic-unconventional Machining (EDM, electrochemistry, laser and ultrasound)-manufacture of electronic components and equipment, electrotechnical and electrical materials-Manufacture of accumulators and electric fuel cell-electric fixtures, peep show and the tubes lighting fixtures

Rotating electrical machines-Manufacture of transformers, and capacitors, power-operation and maintenance of belt conveyors-non-ionising radiation work-automatic data processing activities in binocular.
6. Electricity and heat, gas and water:-production of electricity-transmission and distribution of electricity-using electricity in normal environments-Producing heat-thermal power stations equipped with boilers that works with wood-fuel Transport, distribution and use of heat-distribution and gas-water supply of communities and for technological needs (capture, transport, and distribution)-sewage arising from the public and from technological processes-Operation , water management, maintenance works and watercourses, land-water and water-related folosintelor and defending against floods.
7. Construction of geotechnical Works: excavation, foundations, earthworks, nivelări and strengthening of land-Preparation, transportation, piling and execution of concrete, reinforced concrete and girders-Execution of constructions (including glisari and liftari) repair of prefabricated brickwork, installation and finishing works in construction-thermal insulation, corrosion protection and repellent-plant plumbing and heating repair of technological equipment assembling and metal construction-engineering port, and waterways-strengthening repairs, demolition and building translation-works for construction of roads, bridges and railways-rope access-formwork, scaffolding, and if any one eşafodaje.
8. high trade and retail, repair and maintenance of motor vehicles:-trade and retail-Handling, transportation and means through mechanical wear and storing materials-maintenance and repair of motor vehicles.
9. Hotels and restaurants:-tourism, catering and transport persons with installations.
10. Transport, storage and communications:-Road-Rail-Transport-Metro-urban transport Operation with electric traction (streetcar, trolley bus) and related installations, operation and maintenance-Inland-Transport-air transport-operation and maintenance of roads and bridges-operation and maintenance of port-Post-telecommunications-radio communications.
11. Health and social care: health activities.
12. Other activities of collective and personal social services:-communal and sanitation-service Activity.
13. Other activities:-working at height-working in confined spaces-safety signs and/or health in the workplace-leading temporary or mobile.
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