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Law No. 5 Of 22 December 1965 (Reissued) Concerning Labour Protection

Original Language Title:  LEGE nr. 5 din 22 decembrie 1965 (*republicată*) cu privire la protecţia muncii

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LEGE no. 5 5 of 22 December 1965 (* republished *) on the protection of labour
ISSUER GREAT NATIONAL ASSEMBLY
Published in OFFICIAL BULLETIN no. 24 24 of 18 February 1969



The Great National Assembly of the Socialist Republic of Romania decides: + Chapter I General provisions + Article 1 In the Socialist Republic of Romania labor protection is a state problem. + Article 2 Labor protection is an integral part of the work process and aims to ensure the best working conditions, the prevention of work accidents and occupational illnesses. + Article 3 Labor protection measures ensure for employees of all state organizations, cooperatives and other public organizations, for members of production, agricultural and craft cooperatives, as well as for apprentices, students and students. students during the period of professional practice or visits with a teaching character in productive units. + Article 4 The Ministry of Labor establishes together with the Ministry of Health mandatory Republican labor protection norms. These rules include the general framework for the safety technique and the hygiene rules of work. + Article 5 Ministries and other central bodies of the state administration and central bodies of cooperative and public organizations establish, based on republican norms, under the guidance and control of the Ministry of Labor, departmental norms of Labor protection, mandatory for all organizations that are subordinated to them. Labor hygiene rules will be included in the departmental labor protection rules as established by the Republican rules. For activities that are common to several ministries, other central bodies of the state administration, central bodies of cooperative and public organizations, as well as to popular councils, the rules of the departments indicated by The Ministry of Labor, which will also establish the necessary adaptations. The executive committees of the county folk councils and the city of Bucharest establish the norms of labor protection for communal household activities that are not specific to ministries and other central bodies. The Local Government Issues Committee shall coordinate the establishment of the rules set out in + Article 6 The leaders of the socialist organizations will establish their own labor protection instructions that include the provisions of the departmental labor protection norms and the additional labor protection measures necessary to the specific working conditions sections, sectors, workshops and jobs in that socialist organisation. + Chapter II Obligations and liabilities + Article 7 The leaders of the socialist organizations will determine, with the measures to carry out the production plan, or the duties of service, appropriate measures in order to ensure the best working conditions, the prevention of accidents at work and professional illnesses. + Article 8 The obligation and liability for the full realization of labor protection measures have-according to their duties-those who organize, control and lead the work process, as follows: -at work: heads of sections, sectors, workshops,-engineers, technicians or foremen-as well as the heads of brigades and teams; -at the level of enterprises, state economic organizations, cooperatives and other public organizations, as well as institutions: the director, the head of the unit or the president of the cooperative or public organization; -at the level of the general directorates, county departments, trusts and combinations: the respective leader; -at the level of the popular councils: -at the level of the ministries, the other central bodies of the state administration, the central bodies of the cooperative and public organizations: the minister, the head of the central body or the president of the respective cooperative or public organization. The obligation and liability for the full realization of the labor protection measures also have all other persons who have powers of organization, management and control in the labor process. + Article 9 Socialist organizations are obliged: a) to apply the labor protection rules: to the construction and exploitation of the objectives in which an economic, social or cultural activity is carried out; to the introduction of new substances; to the location of machinery and installations; to the repair and maintenance of machinery, installations, tools and the operation of means and transport routes; b) to introduce in the production process or, as the case may be, to manufacture appliances, devices, installations, equipment and labor protection materials at the level of the conquests of modern science and technique. The ministries and other central bodies of the state administration, the central bodies of the cooperative and public organizations will take measures to generalize the most effective devices and labor protection installations, with the opinion Ministry of Labour c) to take any other measures in order to ensure the best working conditions, to prevent occupational accidents and illnesses. + Article 10 The ministries, the other central and local bodies of the state administration, the central bodies of the cooperative and public organizations are obliged as with the realization of the facilities and machinery, as well as the introduction of new processes technology, to ensure appropriate measures to protect work. Research and project organizations are obliged to apply, in the elaboration of studies and projects, the norms of labor protection. In the case of technological processes for which there are no republican or departmental labor protection norms, ministries and other central and local bodies of the state administration, central bodies of cooperative and public organizations, subordinated to the research and design organizations, are obliged to establish the necessary labor protection measures with the opinion of the Ministry of Labor. The technical-scientific councils and the internal technical committees are obliged to verify the projects in terms of compliance with the labor protection norms. The State Planning Committee and the State Committee on Construction, Architecture and Systematization will endorse only the projects for which the technical-scientific council of the socialist organization mentions that the norms of protection of work and for which the financial means and materials necessary to carry out labor protection measures are ensured. + Article 11 In the case of accidents at work, the head of the labor process must immediately notify the leader of the socialist organization of the accident. In the case of collective, deadly work accidents and those who have produced disability, the leader of the socialist organization will immediately refer the organs of the Ministry of Labour, the Prosecutor's Office and the Ministry of Internal Affairs. The leader of the socialist organization and the labor process are obliged to take the necessary measures in order not to change the state of affairs resulting from the accident, apart from the cases when maintaining this state would give place to other accidents, would jeopardize the life or health of the injured or the security of the socialist organization. The Ministry of Labour is obliged by its bodies to immediately start on-site research to determine the causes of the accident, as well as to prevent other accidents. + Article 12 Socialist organizations are obliged, according to the norms established by the Council of Ministers: a) register, keep records and report work accidents and occupational illnesses; b) to nominate, in their plans, investments for labor protection and to keep records of the spending of labor protection funds. + Article 13 In all cases and at all levels, in the assessment of the work carried out in the performance of the production plan and the duties of service, upon the granting of any material and moral incentives, account shall be taken of the manner in which they were insured and respected labour protection measures. + Article 14 The research institutes subordinated to the ministries, the other central bodies and the Academy of the Socialist Republic of Romania will introduce into the research plans, topics of work protection specific to the activity for which the research is done. + Article 15 The Ministry of Education, in collaboration with the other ministries or central bodies will take measures as education plans and analytical programs of short-lived qualification courses, vocational schools, technical schools as well as the Technical higher education institutes, to include special courses or capital protection capitals. + Article 16 The ministries and other central and local bodies of the state administration, the central bodies of the cooperative and public organizations are obliged to take the measures and provide the necessary means for carrying out a systematic propaganda, concrete and effective in order to know, publicise and enforce labour protection measures. The State Committee for Culture and Art and the Broadcasting and Television Committee are obliged to provide in their plans for activity, distinctly, themes regarding the propaganda prevention of accidents at work and occupational illnesses. The State Committee for Culture and Art takes measures to make propaganda materials related to labor protection-films, diafilms, posters, leaflets and other prints-based on the demands of socialist organizations. The Ministry of Labor coordinates the propaganda activity of labor protection in terms of technical level and will carry out new prototypes of posters, leaflets and other propaganda materials. + Article 17 Socialist organizations are obliged to present the documents or any other documents related to the labor protection required by the control bodies of the Ministry of Labour. Also, the socialist organizations are obliged to give the necessary clarifications and to take into account the indications of the control bodies of the Ministry of Labour. Socialist organizations are obliged, at the request of the Ministry of Labor or inspectorates for labor protection within the directions for labor and social protection issues in the counties and Bucharest municipality, to provide specialists requested by them to carry out special control actions on the protection of work, or of surveys, as well as to clarify the problems that arise during the research of occupational accidents or illnesses. The socialist organizations to which labor protection inspectors operate are obliged to provide them, without payment, the rooms and furniture necessary for their activity, as well as their lighting, heating and maintenance. + Chapter III Guidance and control + Article 18 The provisions of the Ministry of Labour, given in the performance of its tasks, are mandatory for all socialist + Article 19 Health inspection, State, State Inspectorate for Boilers and High Facilities, Fire Prevention Inspection Inspection, State Construction Inspection, as well as other state inspections and their subordinate bodies, are obliged to grant to the Ministry of Labour and its control bodies all the specialized support necessary to ensure prompt and effective control of the application of labor protection measures. + Article 20 Labour's control bodies call for the support of unions which-according to their duties-organise public control over the application and enforcement of labour protection laws, with the aim of preventing accidents at work and professional illnesses. + Chapter IV*) Offences ___________ Note *) The provisions of Chapter IV shall apply from 1 January 1969, the date of entry into force of the new Criminal Code, according to art. II of Decree no. 48/1969 . + Article 21 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 work accident or occupational disease, is punishable by imprisonment from 3 months to 2 years or with a fine. + Article 22 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, in the jobs presenting a special danger, if this is created the possibility of a work accident or occupational disease, is punishable by imprisonment from 3 months to 3 years. + Article 23 Non-compliance by any person with the measures taken on labor protection, if this creates an imminent danger of a work accident or occupational illness, is punishable by imprisonment from 3 months to 1 year. or a fine. + Article 24 Non-compliance by any person with the measures taken with regard to the protection of work in jobs presenting a special danger, if this creates the possibility of a work accident or occupational disease, the punishable by imprisonment from 3 months to 2 years. + Article 25 If the facts provided in art. 21, 22, 23 and 24 are enjoyed at fault, the maximum penalties are reduced by half. + Chapter V Transitional and final provisions + Article 26 Republican and departmental norms for the protection of existing work on the date of publication of this law, remain in force until other norms are issued. + Article 27 Violation of the legal provisions regarding labor protection attracts liability: disciplinary, administrative, material or criminal, as appropriate, according to the law. + Article 28 Decree no. 834/1962 on the organization of labor protection in the Romanian People's Republic, as well as the Decision of the Council of Ministers and Central Council of Trade Unions 965/1964 on the organization of labor protection and hygiene and anti-epidemic activity in the Romanian People's Republic, is repealed. ------------