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Law No. 346 Of 5 June 2002 On Insurance Against Accidents At Work And Occupational Diseases

Original Language Title:  LEGE nr. 346 din 5 iunie 2002 privind asigurarea pentru accidente de muncă şi boli profesionale

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LEGE no. 346 346 of 5 June 2002 (* republished *) on insurance for accidents at work and occupational diseases *)
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 251 251 of 8 April 2014



--------- Note * *) Republicated pursuant to art. 248 248 of Law no. 187/2012 for the implementation of Law no. 286/2009 on the Criminal Code, published in the Official Gazette of Romania, Part I, no. 757 of 12 November 2012 and corrected in the Official Gazette of Romania, Part I, no. 117 117 of 1 March 2013, as amended, giving the texts a new numbering. Law no. 346/2002 was republished in the Official Gazette of Romania, Part I, no. 772 of 12 November 2009 and was subsequently amended by: - Government Emergency Ordinance no. 117/2010 to amend and supplement Law no. 571/2003 on the Fiscal Code and the regulation of financial-fiscal measures, published in the Official Gazette of Romania, Part I, no. 891 of 30 December 2010, approved with amendments by Law no. 303/2013 , published in the Official Gazette of Romania, Part I, no. 709 709 of 19 November 2013. - Law no. 51/2012 amending and supplementing Law no. 108/1999 for the establishment and organization of the Labour Inspection, published in the Official Gazette of Romania, Part I, no. 182 182 of 21 March 2012. + Chapter I General provisions + Article 1 Insurance for accidents at work and occupational diseases is an insurance of persons, is part of the social security system, is guaranteed by the state and includes specific relationships that ensure the social protection of employees against the reduction or loss of their work capacity and death as a result of accidents at work and occupational diseases. + Article 2 Insurance for accidents at work and occupational diseases guarantees a set of services and benefits for the benefit of insured persons, in order to: a) to promote health and safety at work and to prevent occupational accidents and diseases; b) to reduce and compensate for the consequences of accidents at work and occupational diseases. + Article 3 Insurance for accidents at work and occupational diseases is based on the following principles: a) insurance is mandatory for all those who use the labor force employed with an individual employment contract; b) professional risk is assumed by those who benefit from the result of the work performed; c) the establishment of insurance resources for accidents at work and occupational diseases from differentiated contributions according to risk, borne by employers or by individuals who conclude insurance, according to the provisions of this law; d) increasing the role of prevention activity in order to reduce the number of accidents at work and occupational diseases; e) social solidarity, through which the participants in the insurance system for accidents at work and occupational diseases assume each other obligations and benefit from rights to prevent, reduce or eliminate the risks provided by law; f) ensuring non-discriminatory treatment for the beneficiaries of the rights provided by law; g) ensuring transparency in the use of funds h) the distribution of funds in accordance with the obligations of the insurance system for accidents at work and occupational diseases by this law. + Article 4 (1) By providing for accidents at work and occupational diseases the civil liability of the natural or legal person for the benefits provided in this law and for which the insurance contribution has been paid is taken over by the insurer. (2) If there is evidence of damage that is not covered by the provisions of this law, in a subsidiary and complementary manner, civil liability shall enter into operation, according to the common law. + Chapter II Insurance reports and insured risks + Article 5 (1) They are compulsorily insured by the effect of a) persons who carry out activities on the basis of an individual employment contract, regardless of its duration, as well as civil servants; b) persons who operate in elective positions or who are appointed within the executive authority, legislative or judicial, during the term of office, as well as the cooperative members of a craft cooperative organization, whose rights and obligations are assimilated, under the conditions of this law, with the persons referred to in lett. a); c) the unemployed, for the duration of the professional practice in the courses organized according to the law; d) apprentices, students and students, for the duration of the professional practice. (2) The provisions of this Law shall not apply to military and civilian personnel employed on the basis of contract and personnel insured in the own system of the Ministry of National Defence, Ministry of Internal Affairs, Romanian Intelligence Service, Foreign Intelligence Service, Protection and Guard Service, Special Telecommunications Service, as well as in the Ministry of Justice-National Administration of Prisons. + Article 6 (1) They may be insured under the conditions of this law, on the basis of an individual insurance contract, persons who are in one or more of the following situations: a) single associate, associates, commanders or shareholders; b) commandos, administrators or managers; c) members of the family association; d) persons authorized to carry out independent activities; e) persons employed in international institutions; f) owners of goods and/or tenants of agricultural and forestry areas; g) persons carrying out agricultural activities within individual households or private activities in the forestry field; h) members of agricultural companies or other forms of association of agriculture; i) other interested persons, who operate on the basis of other legal relations than those mentioned above. (2) The content of the individual insurance contract is established in the methodological norms * *) for the application of this law. --------- Note ** **) See the Methodological Norms for the Application of Law no. 346/2002 on insurance for accidents at work and occupational diseases, with subsequent amendments and completions, approved by the Order of the Minister of Labour, Social Solidarity and Family and the Minister of Public Health no. 450/825/2006, published in the Official Gazette of Romania, Part I, no. 708 708 of 17 August 2006, with subsequent amendments and completions. + Article 7 (1) The provisions of art. 5 are also applicable to Romanian employees who provide work abroad from the provision of Romanian employers, under the law. (2) They have the quality of insurance and foreign citizens or stateless persons who provide work for Romanian employers, during the period when they have, according to the law, their domicile or residence in Romania. + Article 8 (1) It has the quality of insurer, according to this law, the National House of Public Pensions, hereinafter referred to as CNPP*). ----------- Note *) National Pension House and Other Social Insurance Rights-CNPAS becomes the National House of Public Pensions-CNPP under art. 4 4 para. ((1) of Law no. 263/2010 on the unitary public pension system, published in the Official Gazette of Romania, Part I, no. 852 of 20 December 2010, with subsequent amendments and completions. (2) The specific tasks of insurance for accidents at work and occupational diseases shall be exercised by the territorial pension houses. (3) The specific tasks of insurance for accidents at work and occupational diseases, as service providers, may be carried out, under the present law, and by professional insurance associations, constituted for this purpose by sector of national economy activity. (4) Professional insurance associations operate on the basis of their own status, in compliance with the provisions of this Law and of Government Ordinance no. 26/2000 on associations and foundations, approved with amendments and additions by Law no. 246/2005 , with subsequent amendments and completions. + Article 9. -(1) Insurance reports, resulting from this law and insurance contracts, shall be established between: a) employers and insurer, for insured persons referred to in art. 5 5 and 7; b) insured and insurer, for insured persons referred to in art. 6. (2) The quality of insurance shall be acquired and the insurance reports shall be determined on the date: conclusion of the individual employment contract, establishment of service relations in the case of civil servants, validation of the mandate for persons who carry out activities in elective functions, appointment within the executive authority, legislative or judicial authority, submission of adhesion in the case of cooperative members, start of professional practice for unemployed, apprentices, students and students or the conclusion of the individual insurance contract as appropriate. + Article 10 (1) In order to conclude insurance for accidents at work and occupational diseases and to determine the share of the contribution due, the employer has the obligation to communicate to the insurer, through a self-declaration, the field of activity according to the Classification of Activities in the National Economy-CAEN, the number of employees, the salary fund, as well as any other information requested for this purpose. (2) The model and the content of the declaration provided in (1) shall be established by the methodological norms for the application of this law. (3) The declaration shall be filed at the insurer's premises, within 30 days from the date of acquisition of the legal personality or the commencement of employment or service relationships between the parties, as the case may be. ((4) In case of modification of one or more information from the declaration provided in par. (1), the employer has the obligation to notify the insurer within 15 days. + Article 11 Person insured according to art. 6, with the conclusion of the individual insurance contract, has the obligation to submit a statement of revenue and to communicate, within 15 days, to the insurer any change in the situation and its status. + Article 12 The right to insurance benefits and services for accidents at work and occupational diseases shall be born from the date of establishment of the insurance reports and shall cease with those reports. + Article 13 (1) If at fault of the employer or insured person on the basis of an individual insurance contract no insurance contribution has been paid for work accidents and occupational diseases, the cost of benefits and insurance services provided by this law and carried out by the insurer shall be recovered from the employer or from the insured person on the basis of an individual insurance contract. (2) Provisions of para. (1) shall not apply in the cases referred to in art. 22 22 para. ((2) and in art. 23 23 para. (2), but shall apply in cases confirmed after 1 January 2003. + Article 14 (1) In the case of occupational diseases, declared under the law, during professional activity, the right to insurance benefits and services is maintained and subsequently to the termination of employment/service relations and individual contracts of Insurance. (2) In the case of occupational diseases, declared under the law, after the termination of employment and insurance contracts, the right to insurance benefits and services shall be granted if the former insured provides proof, with medical documents issued according to the law, that the disease was caused by professional factors specific to the job. + Article 15 The risks insured under the present law are accidents at work and occupational diseases defined in accordance with the provisions Law of Safety and Health at Work no. 319/2006 ,, as amended. + Chapter III Insurance objectives + Article 16 Insurance for accidents at work and occupational diseases has the following objectives: a) prevention of accidents at work and occupational diseases; b) medical and socio-professional rehabilitation of insured persons, victims of occupational accidents and occupational diseases, as well as the recovery of their work capacity; c) the granting of long and short term money benefits, in the form of allowances and other aid, under the conditions provided by this law. + Article 17 The insurer has the obligation to organize its activity in order to achieve the objectives provided in art. 16, as well as to preserve the confidentiality of all information to which it has access in order to achieve these objectives. + Chapter IV Benefits and insurance services for accidents at work and occupational diseases + Article 18 Insurance system insurance for accidents at work and occupational diseases shall be entitled to the following benefits and services: a) medical rehabilitation and work capacity recovery; b) rehabilitation and retraining; c) allowance for temporary incapacity for work; d) allowance for temporary passage to another job and allowance for reducing working time; e) compensation for achieving integrity; f) compensation in case of death; g) expenses reimbursements. + Article 19 (1) The basis for the calculation of allowances for temporary incapacity for work, for the reduction of working time or for temporary transition to another job is calculated as the average gross income achieved monthly by the employee in the last 6 months prior to the manifestation of the risk, namely the income stipulated in the individual insurance contracts, on the basis of which the insurance contribution for work accidents and occupational diseases was established. (2) If the contribution period is less than 6 months, the basis for the calculation of allowances for temporary incapacity for work, for the reduction of working time or for temporary transition to another job shall be the average of the incomes gross made monthly, respectively of the revenues stipulated in the individual insurance contract, on the basis of which the insurance contribution for work accidents and occupational diseases was established. ((3) If the contribution period is less than one month, the basis for calculating the allowances shall be the gross monthly income from the first month of activity for which the contribution was established to pay the contribution. (4) For the calculation of allowances for temporary incapacity to work, the number of working days of the month in which the sick leave is granted shall be used for the reduction of the working time or for the temporary transition to another place of employment, where appropriate, other social security rights shall be required. (5) When determining the number of working days of the month in which the right of insurance for accidents at work and occupational diseases is granted, the legal provisions on the days of public holidays in which they are not worked will be considered. + Section 1 Benefits and services for investigation, medical diagnostics, medical rehabilitation and work capacity recovery + Article 20 Insured persons are entitled to medical benefits for the investigation, diagnosis, rehabilitation of the state of health, as well as the recovery of work capacity, in accordance with the legal provisions in force. + Article 21 (1) The insurer has the obligation to pay the value of the medical services provided until it is carried out: a) restoration of health or improvement of health deficiencies arising from an insured risk; b) preventing the reduction or loss of work capacity and the need for permanent care. (2) The traveller of tickets for spa treatment prescribed by the doctor of the insurer of those who are in temporary incapacity to work, as a result exclusively of a work accident or a professional illness, shall be fully supported from insurance contributions for work accidents and occupational diseases. + Article 22 (1) Insurance shall have the right to medical services corresponding to injuries and conditions caused by accidents at work or occupational diseases, as follows: a) emergency medical assistance at the scene of the accident, in specialized means of transport and in hospital facilities; b) outpatient medical treatment, medical tests and medicines, prescribed by the doctor; c) medical services in hospitals or in specialized clinics for occupational diseases; d) treatment of work capacity recovery in specialized units; e) restorative surgery services; f) balneoclimateric cures; g) specialized investigations and laboratory tests, necessary in order to establish the character of diseases. (2) For occupational diseases confirmed before 1 January 2005 and for which medical rehabilitation is continued after this date as an exclusive result of the professional cause, the following benefits and services shall be settled: a) outpatient medical treatment, medical tests and medicines; b) medical services in hospitals, in departments or health facilities with legal personality, specialized for occupational diseases; c) treatment for the recovery of work capacity in specialized units; d) restorative surgery services; e) balneoclimateric cures; f) medical devices in order to correct and recover organic, functional or physical deficiencies. (3) The funds necessary to settle the benefits and services provided in par. (2) shall be borne from the state budget through the budget of the Ministry of Labour, Family, Social Protection and Elderly. + Article 23 (1) In order to correct and recover organic, functional or physical deficiencies caused by accidents at work and occupational diseases, insured persons are entitled to medical devices, which are established by the methodological norms for the application of this laws. ((2) For cases of accidents at work confirmed before 1 January 2005 and requiring medical devices in order to correct and recover organic, functional or physical deficiencies, their costs shall be borne by the funds state budget through the budget of the Ministry of Labour, Family, Social Protection and Elderly. + Article 24 (1) For medical rehabilitation and recovery of work capacity insured persons benefit from individual recovery programs, established by the specialist doctor of the insurer, depending on the nature and diagnosis of the disease. (2) The individual recovery program may include spa treatment, depending on the type of disease. (3) The duration of the spa treatment is 15-21 days and is determined by the insurer's doctor, depending on the type of condition and the nature of the treatment. (4) The criteria on the basis of which the tickets for spa treatment are granted are approved annually by the CNPP. + Article 25 (1) Insurance is required to follow and comply with individual recovery programs established by the insurer's specialist physician. (2) The right to benefits and services for medical rehabilitation and the recovery of work capacity shall be suspended if the insured do not follow or do not comply with the individual recovery program. + Article 26 Medical treatment during the individual recovery program, as well as accommodation and meals in medical facilities shall be borne by the insurer in compliance with the tariffs and criteria established by the framework contract on the conditions of granting health care within the health insurance system, approved annually by Government decision, and by the methodological norms for the application of this contract. + Article 27 (1) The units performing medical benefits and services shall be established by the insurer for the medical rehabilitation and recovery of the work capacity of insured persons who have suffered accidents at work and occupational diseases. ((2) The tariffs for medical supplies and services related to medical rehabilitation and work capacity recovery shall be established on the basis of the existing provisions in the framework contract of the health insurance system. + Section 2 Benefits and services for rehabilitation and retraining + Article 28 The benefits and services for rehabilitation and retraining are granted by the insurer at the request of the insured who, although they have not completely lost their working capacity, can no longer carry out the activity for which they qualified, as following a work accident or a occupational disease. + Article 29 The insurer takes charge of the expenses for the following rehabilitation and retraining services and services: a) expenses related to medical and psychological services for the assessment of physical, mental and aptitude condition for professional reconversion; b) the cost of qualifying or reconversion courses; c) payment of an allowance during the qualification and conversion courses. + Article 30 (1) The allowance during the qualification or conversion courses is granted monthly and represents 70% of the gross basic salary of the insured person, had at the time of the accident of work or occupational disease. (2) The allowance shall be granted only if the insured person does not benefit, during the qualification or conversion courses, from the allowance for temporary incapacity for work or invalidity pension grade III, granted according to the law. + Article 31 The allowance for the duration of the qualifying or reconversion courses shall be granted only if the insured person complies with the insurer's provisions on: a) the institution to which the course is to take place; b) the training program; c) the method of graduation. + Section 3 Allowance for temporary incapacity for work + Article 32 ((1) Insurance shall benefit from an allowance during the period in which it is in temporary incapacity to work as a result of a work accident or occupational disease. (2) In the case of occupational diseases or accidents at work, the medical certificate is necessarily aimed, through the care of the employer, by the county public health departments and the city of Bucharest, respectively by the territorial pension house in whose radius the employer's premises or domicile is located. + Article 33 (1) The amount of the temporary incapacity allowance represents 80% of the average gross salary income made in the last 6 months prior to the event of risk. (2) In the case of insured persons referred to in art. 6, the amount of the temporary incapacity allowance represents 80% of the average monthly income provided from the last 6 months prior to the event of risk. (3) The amount of the allowance for temporary incapacity for work in the case of medical-surgical emergencies is 100% of the average monthly income provided from the last 6 months prior to the manifestation of risk. + Article 34 The allowance for temporary incapacity for work in the case of work accident or occupational disease is borne in the first 3 days of incapacity by the employer, and from the 4th day of incapacity, from the insurance contribution for accidents work and occupational diseases. + Article 35 The duration of granting the allowance for temporary incapacity for work is 180 days in the one-year period, counted from the first day of sick leave. + Article 36 (1) In cases thoroughly motivated by the possibility of medical and professional recovery of the insured the attending physician may propose to extend the sick leave over 180 days. (2) The insurer's doctor may decide, as the case may be, to extend the sick leave for the continuation of the recovery program, the resumption of activity in the same job or in another job or may propose the retirement of invalidity. (3) The extension of the sick leave over 180 days is made for no more than 90 days, depending on the evolution of the case and the results of the recovery actions, according to the procedures established by the CNPP. + Article 37 The allowance for temporary incapacity for work due to work accidents and occupational diseases is granted on the basis of the medical certificate issued according to the legal provisions. + Article 38 If the expert social insurance doctor in the public pension system decides to qualify for a degree of invalidity, the allowance will be granted by the end of the month following the one in which the retirement notice was given, without having exceed the maximum duration of granting the sick leave, provided for in art. 36. + Section 4 Allowance for temporary passage to another job and allowance for reduction of working time + Article 39 ((1) Insurance which, due to a occupational disease or a work accident, can no longer carry out its activity at work prior to the manifestation of insured risk may temporarily pass into another job. (2) The allowance for temporary passage to another job is granted when the monthly gross salary income made by insured at the new job is lower than the average of its monthly income in the last 6 months, calculated from the moment Detection of affection. + Article 40 The allowance for reducing working time with a fourth of normal duration, as a result of conditions caused by accidents at work or occupational diseases, is granted to insured persons who, under these conditions, can no longer achieve the normal duration of work. + Article 41 (1) The allowances provided for in art. 39 39 para. ((2) and in art. 40 is granted at the proposal of the attending physician, with the opinion of the insurer's doctor, for no more than 90 days in a calendar year, in one or more stages. (2) The monthly amount of allowances provided in par. (1) is equal to the difference between the average salary income of the last 6 months and the gross salary income made to be insured at the new job or by reducing the normal working time, without exceeding 25% of the calculation base. + Section 5-a Compensation for achieving integrity + Article 42 They are entitled to compensation for the achievement of the integrity of insured persons who, as a result of work accidents or occupational diseases, remain with permanent injuries that produce deficiencies and reduce the work capacity between 20-50%. + Article 43 The compensation is granted at the request of the entitled person, based on the decision of the insurer's doctor, with the fulfilment of the conditions provided in 42. + Article 44 (1) The compensation for the achievement of integrity represents a fixed amount in money and is granted in full, once, without affecting the other rights or allowances to which the insured is entitled, and is not taken into account for determining these rights. (2) The amount of compensation for the achievement of integrity shall be determined according to the severity of the lesion, within a maximum ceiling of 12 gross average salaries, communicated by the National Institute of Statistics. (3) The criteria and grids on the basis of which the compensation for the achievement of integrity is granted shall be determined by decision of the President of the + Section 6 Compensation in case of death + Article 45 (1) In the event of the death of the insured, as a result of a work accident or a occupational disease, a single person shall benefit from compensation in case of death, which may be, as the case may be: the surviving spouse, the child, the parent, the guardian, the curator, the heir, under the conditions of common law, or, failing that, the person who proves that he has incurred the expenses occasioned by the death. (2) The amount of compensation in case of death is 4 gross average salaries, communicated by the National Institute of Statistics. + Article 46 The application for compensation in case of death shall be filed at the insurer's premises, accompanied by the documents resulting in the applicant's right, according to this law. + Article 47 (1) Admission or rejection of the application shall be made by decision issued by the insurer within 20 days from the date of application. (. The decision shall be communicated in writing to the applicant within 5 days of the date of issue. + Article 48 The payment of compensation in case of death shall be made within 15 days from the date of communication of the decision provided for in art. 47. + Section 7 Expenditure reimbursements + Article 49 (. The insurer shall grant reimbursement of expenses in the following situations: a) emergency transport, in duly justified cases, when the rescue of the victim requires the use of means other than usual; b) the manufacture of glasses, acoustic appliances, eye prosthetics, in case they were damaged as a result of a work accident resulting in bodily injury; c) in the case of application of implantable medical devices by surgical intervention in order to recover organic, functional or physical deficiencies caused by accidents at work and occupational diseases. (2) The costs incurred by the insurer are intended to ensure the recovery of the functionality of the insured body, and their amount will be determined annually by decision of the CNPP president. + Chapter V Communication and finding of accidents at work and occupational diseases + Article 50 (1) Employers are required to communicate to the insurer accidents resulting in incapacity to work or the death of insured persons. (. The communication must be made as soon as the employer has become aware of the accident. (3) The obligation on communication also returns to persons insured according to art. 6 or their offspring, if the work accident resulted in the death of the insured. + Article 51 (1) If following periodic medical checks the staff in the occupational health structures, who provide medical services to the employer, find that there is a risk of a professional illness, it is required to immediately signal the case the insurer. (2) The declaration of occupational diseases is carried out according to Law no. 319/2006 , as amended, and a copy of the respective disease declaration form will be submitted to the CNPP by the competent authority. + Article 52 (1) For ascertaining the insured case and establishing the insurance rights, the insurer has access and resorts to the research report, drawn up, according to the law, by the competent authority carrying out the accident research resulting in temporary incapacity for work, disability and death. (2) The insurer verifies the manner in which the research was carried out and decides on the work character of the accident followed by temporary incapacity for work. (3) In order to establish the professional nature of the accident followed by temporary incapacity to work, the insurer can directly coordinate the accident research, carry out an own investigation or evaluate the research file prepared by employer's commission, as appropriate. + Article 53 The insurance rights provided for by this Law are granted as follows: a) for accidents at work, based on the minutes of research of the work accident, drawn up, according to the law, by the competent authority; b) for occupational diseases, based on the final declaration form of the professional disease, drawn up, according to the law, by the competent authority. + Article 54 Until the employment of the accident or the professional nature of the disease, according to the documents provided in art. 53, the value of the medical services granted will be borne from the budget of the Single National Health Insurance Fund, and the settlement will be made later from the insurance contributions for work accidents and diseases professional, as appropriate. + Chapter VI Prevention of accidents at work and occupational diseases + Article 55 Liability for ensuring the conditions of safety and health at workplaces lies with employers or, as the case may be, persons insured according to art. 6. + Article 56 (1) Employers have the obligation to ensure the information, participation and collaboration of employees for the adoption and application of measures to prevent accidents at work and occupational diseases. (2) Employees are required to participate in actions regarding the adoption of safety and health measures at work, when requested for this purpose by employers. + Article 57 Employees do not bear in any situation the cost of prevention measures applied under art. 56. + Article 58 Employers are required to provide all the information requested by the insurer in relation to the risks in the workplaces. + Article 59 Employees are obliged to know and comply with the technical and organizational measures taken by employers for the prevention of work accidents and occupational diseases, brought to the attention of the labor protection training. + Article 60 Employees are entitled, without this drawing consequences on them, to refer the matter to the Labour Inspection, the insurer or the health and safety committees at work on the employer's failure to work accident prevention measures. and occupational diseases. + Article 61 The insurer is required to promote and stimulate work to prevent accidents at work and occupational diseases in order to: a) maintaining the physical and mental integrity of insured persons; b) improving working conditions; c) to eliminate or reduce the risks of accidents at work and occupational diseases. + Article 62 (1) The insurer coordinates the work of preventing accidents at work and occupational diseases at national level. (2) The prevention activities shall be carried out by the CNPP, in accordance with the powers established by law. ((3) In order to coordinate the activity related to the prevention of occupational diseases, as well as to verify, in order to settle, the documents confirming the professional nature of the disease, the CNPP organizes a compartment of occupational medicine in the National Institute of Medical Expertise and Work Capacity Recovery. + Article 63 (1) The technical staff of the insurer, who carry out activities to prevent accidents at work and occupational diseases, as well as medical personnel specialized in occupational medicine have the following duties: a) participate in the establishment of priority prevention programs at national level, by identifying situations with high risks of accidents at work and occupational diseases; b) advise on measures and means to prevent accidents at work and occupational diseases; c) propose to carry out and finance studies and analyses of specialized research institutes, in order to substantiate priority prevention measures at national level; d) provide technical assistance to employers for the development of prevention instructions; e) investigate accidents with temporary incapacity to work and establish their work character in accordance with the provisions of this law; f) keep track of accidents at work and occupational diseases; g) recommend prevention measures and control their application; h) propose to the insurer increases or reductions of the contribution to stimulate the prevention activity; i) establish prevention programs based on the concrete situations identified in workplaces; j) advise employers on occupational safety and health. (2) Medical personnel specialized in occupational medicine also have duties related to the detection, investigation and establishment of the professional character of the disease. + Article 64 In the exercise of his duties the specialized technical and medical staff is authorized a) to have free access to the premises of employers or to the jobs organized by them and to be accompanied by the persons designated by the employer; b) to benefit from the findings of the research of occupational accidents or occupational diseases carried out by the competent State authorities; c) to notify the state authorities when they find violations of the legislation in force on labor protection; d) to propose to employers the dimensioning of labor protection compartments according to the risks of jobs; e) to consult the results of medical examinations in employment and periodic medical examinations of insured persons; f) to request any information and documents necessary to carry out the tasks of preventing accidents at work and occupational diseases; g) to recommend to the employer measures to prevent accidents at work and occupational diseases. + Article 65 In the work performed the work accident prevention and occupational diseases personnel is obliged to keep the confidentiality of the data received from the employer on the organizational, technological and manufacturing aspects of the controlled unit, as well as the other data provided by the competent state authorities or any other body or person concerned in the prevention activity, as well as the confidentiality of the medical data of the employees. + Article 66 (. The expenses of the insurer for the work of preventing accidents at work and occupational diseases shall be highlighted in a separate analytical account. (. The maximum amount allocated for this purpose may not exceed 10% of the amounts collected as a contribution during a calendar year. + Chapter VII Organization of the insurance system for accidents at work and occupational diseases + Article 67 CNPP manages, manages, coordinates and controls the entire insurance activity for work accidents and occupational diseases. + Article 68 In order to carry out the work of insurance for accidents at work and occupational diseases, the CNPP has, mainly, the following tasks: a) coordinate and control the activity in this field, carried out by the territorial pension houses; b) can co-finance programs in projects to prevent accidents at work and occupational diseases; c) apply measures to improve the service and insurance benefits for accidents at work and occupational diseases; d) develop the criteria and methodology underlying the calculation of the insurance contribution for occupational accidents and diseases; e) guide and control work to prevent accidents at work and occupational diseases; f) control the way of granting benefits and insurance services for accidents at work and occupational diseases, provided by this law; g) control the way of granting the increases or reductions of the contribution to stimulate the prevention activity; h) can organize at national level, at the proposal of territorial pension houses, the activity of functional recovery, prosthetics, reorientation and reconversion, in order to reintegrate professional persons who have suffered accidents at work and occupational diseases; i) organize the records of insured cases, as well as insurance costs at national level; j) issue and withdraw the authorization to operate professional insurance associations; k) can finance at national level applied research studies in order to develop solutions, devices and methods to prevent accidents at work and occupational diseases; l) may organize training, training and improvement of personnel in the field of insurance for accidents at work and occupational diseases; m) make proposals on expenditure financed by income from insurance contributions for accidents at work and occupational diseases; n) pursues the execution of income and expenses of insurance activity for occupational accidents and diseases and presents to the Minister of Labour, Family, Social Protection and Elderly quarterly and annual reports on budget implementation; o) coordinate the work of safety and health management at work; p) verify the method of carrying out work accidents research followed by temporary incapacity for work, by direct participation in the investigation or by the analysis of supporting documents, as the case may be; r) establishes the professional nature of the accident with temporary incapacity for work. + Article 69 The management of the insurance business for work accidents and occupational diseases is provided by the president of the CNPP and a tripartite council. + Article 70 (1) Insurance activity for occupational accidents and occupational diseases is organized at the general direction level within the CNPP. (2) The executive management of the insurance activity for occupational accidents and occupational diseases is provided by a general manager with the rank of senior civil servant, appointed under the law by the president of the CNPP. (3) The occupation of the general manager shall be done under the law. (4) Salarization of the Director-General shall be made at the level of the salary established by law for the position of Secretary-General + Article 71 (1) The tripartite council consists of 9 members: a) 3 representatives of the Government, of which the President of the CNPP and the Director-General provided 70 70 para. (2)-members of law, and the third, a representative of the National Agency for Fiscal Administration, appointed by the Ministry of Public Finance; b) 3 representatives of employees, designated by consensus of representative trade union confederations at national level, according to Law no. 130/1996 * *) on the collective agreement, republished, with subsequent amendments and completions; ----------- Note * *) Law no. 130/1996 on the collective agreement was repealed by Social dialogue law no. 62/2011 , republished in the Official Gazette of Romania, Part I, no. 625 of 31 August 2012, as amended. c) 3 representatives of employers, designated by consensus of representative employers ' confederations at national level, according to Law no. 130/1996 , republished, with subsequent amendments and completions. (2) The members of the tripartite council shall operate under a term of office for a period of 4 years. (3) The CNPP President is also the chairman of the tripartite council (4) The meeting allowance for members of the tripartite council, with the exception of the President of the CNPP and the Director-General, is equal to 10% of the monthly allowance of a Secretary of State. (5) The total of the amounts due to a member of the tripartite council as a result of the participation in meetings may not exceed, in one month, 20% of the monthly allowance of a secretary of state. + Article 72 (1) In carrying out the duties provided in art. 68, in the organizational structure of the CNPP specialized structures are established for tracking and insurance: a) work to prevent accidents at work and occupational diseases; b) medical rehabilitation activity, socio-professional rehabilitation and medical treatment; c) records of contributions, benefits and services provided and insurance costs. (2) Organization of the structures provided in par. (1) is approved by decision of the Government amending the CNPP* Statute). ---------- Note * *) See Government Decision no. 118/2012 on the approval of the Statute of the National House of Public Pensions, published in the Official Gazette of Romania, Part I, no. 159 159 of 9 March 2012, as amended. + Article 73 The Statute of the CNPP establishes the attributions, organization and functioning at central and territorial level of the structures that ensure the carrying out of the insurance activity for accidents at work and occupational diseases, as well as the tripartite. + Article 74 (1) At the level of territorial pension houses, tripartite consultative councils shall be established for the work of insurance for accidents at work and occupational diseases. (2) The composition, duties, organization and functioning of the consultative tripartite councils shall be established by the Statute of the CNPP ((. The members appointed to the Tripartite Advisory Councils shall not receive a meeting allowance. + Article 75 (1) Persons who owe insurance contributions for occupational accidents and occupational diseases may constitute associations at the level of sectors of activity of the national economy. (2) Professional insurance associations are paritarian bodies, which are constituted and operate as legal entities under the present law and of the Government Ordinance no. 26/2000 , approved with amendments and additions by Law no. 246/2005 , with subsequent amendments and completions. (3) Professional insurance associations may develop their own regulations and instructions. (4) In order to operate the professional insurance associations are required to apply for authorization by the CNPP. + Article 76 The request for obtaining the operating authorization shall be submitted to the CNPP headquarters, accompanied by the following documents: a) the constitutive act, a substantiation memo containing the object, the purpose of the activity, as well as any other necessary elements, according to the requirements laid down by the methodological norms for the application of b) status of the professional insurance association. + Article 77 The CNPP analyzes the request, taking into account the opportunity criteria, and within 30 days from the date of submission of the application to issue the authorization or to reject, by reasoned decision, the request for authorization. + Article 78 Professional insurance associations shall exercise the following tasks: a) provide services in order to prevent accidents at work and occupational diseases; b) provide the insurance benefits provided for in this law and draw up the necessary documentation in order to grant them; c) develop studies and assessments on the risk of injury and occupational disease; d) keep records of accidents at work and occupational diseases, benefits granted and related costs; e) ensure the provision of medical benefits through its own services or on the basis of a contract concluded with medical service providers, according to the law; f) verify how the money benefits granted for medical and socio-professional rehabilitation services are used. + Article 79 Professional insurance associations are required to submit annually to the CNPP approval the financial situation and the revenue and expenditure budget. + Chapter VIII Insurance contributions for occupational accidents and occupational diseases + Article 80 (1) Due to insurance contributions for work accidents and occupational diseases the following: a) employers, for insured persons referred to in art. 5 5 and 7; b) insured persons referred to in art. 6. (2) The insurance contribution for occupational accidents and occupational diseases, in the case of unemployed persons, shall be borne in full from the unemployment insurance budget, shall be due for the duration of the professional practice in the organized courses according to the law and is established in the 1% rate applied on the amount of rights granted during that period. (3) By exception to the provisions of par. ((1) lit. a), employers do not owe contributions for the persons provided in art. 5 5 para. ((1) lit. d). + Article 81 The contribution shall be determined in such a way as to cover the cost of benefits and services for insured cases, expenses for the prevention of accidents at work and occupational diseases, and administrative expenditure. + Article 82 ((. Contributions shall be determined according to the rates and classes of risk. (. The risk charge shall be determined for each sector of activity according to the risk of injury and occupational disease within that sector. (3) In the framework of risk tariffs differentiation by categories of activities is carried out through risk classes. + Article 83 (1) The tariffs and classes of risk shall be established according to the methodological norms for the calculation of the insurance contribution for work accidents and occupational diseases, developed by the CNPP and approved by Government decision * *). ----------- Note ** **) See Government Decision no. 144/2008 on the approval of the Methodological Norms for the calculation of the insurance contribution for occupational accidents and diseases, published in the Official Gazette of Romania, Part I, no. 124 124 of 18 February 2008, with subsequent amendments and completions. (2) The rates and the risk classes shall be reviewed every 4 years. (3) For the first period of operation of the insurance system for occupational accidents and occupational diseases, the rates and classes of risk may also change at a time shorter than 4 years, but only once. + Article 84 (1) Incadence in the risk classes shall be made by the insurer, corresponding to the main activity carried out in each unit. (2) For the purposes of this Law, the activity with the highest number of employees will be considered as main activity. + Article 85 (1) The contribution due by the individuals referred to in art. 6 is unique, in the amount of 1%, applied on the insured monthly income, regardless of the activity performed. (2) The monthly calculation basis for these contributions is the monthly income provided for in the individual insurance contract, which may not be less than the minimum gross basic salary per country. + Article 86 The risk class and contribution rate due shall be communicated by the insurer to the employer annually or whenever necessary. + Article 87 The insurer has the right to check, through its own control services, the data communicated by the employer for the classification in the risk classes. + Article 88 In the case of judicial reorganization or bankruptcy of the employer, the amounts owed by him for insurance will be recovered according to the law. + Article 89 (1) Failure to pay the insurance contribution by the insured provided in art. 6 at the established deadline it attracts the non-granting of rights to benefits and insurance services for accidents at work and occupational diseases. (2) Failure to pay the insurance contribution by the insured provided in art. 6 for a period of 3 consecutive months constitute for the insurer the reason for the termination of the individual insurance contract. + Article 90 (. The insurer may approve annually increases or reductions in insurance contributions for occupational accidents and occupational diseases. (. The level of increase or reduction of quotas shall be determined mainly by the following criteria: a) the number of accidents at work and occupational diseases during a reference period; b) the seriousness of the consequences of occupational accidents and diseases; c) the volume of expenses for benefits and insurance services for accidents at work and occupational diseases; d) the existence of jobs classified under special or special conditions. + Chapter IX Income and expenses of insurance for accidents at work and occupational diseases + Article 91 Income for occupational accident and occupational disease insurance shall be made up of: a) insurance contributions for accidents at work and occupational diseases due by legal persons, as well as by natural persons who take out insurance; b) delay increases; c) other income, according to the law + Article 92 (1) The income from insurance contributions for accidents at work and occupational diseases due by natural and legal persons, under the conditions of this law, shall be distinctly provided for the income part of the state social insurance budget. (2) The incomes provided in art. 91 are intended exclusively for the financing of insurance benefits and services for accidents at work and occupational diseases provided for by this Law, as well as for the financing of the organization and operation of the insurance system regulated by this law. + Article 93 ((1) The expenses for insurance benefits and services for accidents at work and occupational diseases and expenses for the organization and operation of this system shall be provided distinctly at the expense part of the social security budget of stat. (2) The expenses for benefits and insurance services for accidents at work and occupational diseases shall be carried out for: a) medical rehabilitation and work capacity recovery; b) rehabilitation and retraining; c) specialized investigations and laboratory tests, necessary to establish the character of diseases; d) allowance for temporary incapacity for work; e) the allowance for temporary passage to another job and the allowance for reducing working time; f) compensation for the achievement of integrity; g) compensation in case of death; h) reimbursement of expenses; i) work to prevent accidents at work and occupational diseases; j) medical services provided in health facilities with legal personality and departments of occupational diseases or in outpatient system through the occupational health offices located in the structure of hospitals, including the Sanatorium of professional diseases Avrig, Sibiu county *), people suffering from occupational diseases. ------------ Note * *) The Sanatorium of Professional Diseases Avrig, Sibiu County, was abolished, its activity being taken over by the Sibiu County Clinical Hospital, through Government Decision no. 418/2006 on the abolition of the Avrig Professional Diseases Sanatorium and the reorganization of the Sibiu County Clinical Hospital, published in the Official Gazette of Romania, Part I, no. 321 321 of 10 April 2006. ((3) The expenses for the organization and functioning of the insurance system for accidents at work and occupational diseases shall be ensured within the limits of the amounts approved with this destination in the state social insurance budget. (4) List of medical services provided in health facilities with legal personality and departments of occupational diseases or in outpatient system through occupational health offices in the structure of hospitals, including at the Sanatorium of occupational diseases Avrig, is established by methodological norms approved by joint order of the Minister of Health and the Minister of Labour, Family, Social Protection and Elderly. + Article 94 (1) The annual accounts resulting from the income exceeding the expenses of the insurance system for accidents at work and occupational diseases shall be carried over to the following year, using for the financing of the expenses provided for in art. 93 93 para. ((2). (2) Any deficits recorded during the execution and the resulting annual deficit where the income is exceeded by the expenses of the insurance system for occupational accidents and occupational diseases shall be covered by the availabilities registered in the previous year of the system + Article 95 (1) The house execution of funds related to the insurance system for work accidents and occupational diseases is carried out through the State Treasury. (2) The availability of the insurance system for occupational accidents and occupational diseases shall be kept in the State Treasury and shall bear interest. + Article 96 Availability of the initial fund for the operation of the insurance scheme registered on 31 December 2003, as constituted under State social insurance budget law for 2003 no. 632/2002 , as amended, shall be taken over by the CNPP for administration. + Chapter X Legal liability + Article 97 Violation of the provisions of this law attracts disciplinary, material, civil, contravention or criminal liability, as appropriate, according to the law. + Article 98 The act of the person who uses the amounts intended for insurance for accidents at work and occupational diseases for purposes other than those provided by law constitutes a crime and is punishable by imprisonment from 6 months to 2 years or with a fine. + Article 99 (1) It constitutes the following facts and is sanctioned with a fine of 200 lei to 500 lei: a) the non-submission of the declaration referred to in art. 10 10 and 11; b) non-compliance with the communication obligation provided for in 10 10, 11 and 50; c) refusal to provide the information requested according to art. 58 58; d) non-compliance with the methodology of classification in the risk classes provided in art. 83 83 and 84; e) non-compliance with 85 85 para. ((2) on the basis for the calculation of contributions; f) non-compliance with 82 82 and art. 85 85 para. ((1) determining the insurance contribution and the quotas of that contribution; g) the provision of erroneous information when determining the due contributions or due benefits, if the act is not committed with intent; h) non-compliance with the payment obligation provided for in 13. (2) The amount of fines provided in par. (1) is updated in relation to the inflation rate, by Government decision. + Article 100 (1) The finding of contraventions and the application of sanctions shall be made by minutes by the authorized personnel of the CNPP or by the public authorities empowered according to the law. (2) The provisions of this Law shall be supplemented by Government Ordinance no. 2/2001 on the legal regime of contraventions, approved with amendments and additions by Law no. 180/2002 , with subsequent amendments and completions. + Article 101 (1) The minutes of finding contraventions and applying the sanction shall be communicated to the offender within 15 days of the preparation and constitute enforceable title from the date of communication. (2) Against the minutes you can complain, within 15 days from the communication, to the court in whose territorial area the contravention was committed. + Article 102 The amounts collected from the contravention fines, applied according to this law, are made to the state budget. + Chapter XI Insurance jurisdiction for accidents at work and occupational diseases + Article 103 The jurisdiction of insurance for accidents at work and occupational diseases is carried out through social security departments or, as the case may be, by specialized social insurance panels, constituted at the level of courts and courts of appeal, with compliance with the conditions Law no. 92/1992 for the judicial organization, republished, with subsequent amendments and completions. + Article 104 In the first instance the courts settle disputes concerning: a) the calculation of the insurance contribution for accidents at work and occupational diseases, as well as the increase or decrease of the contribution rate; b) record and record of the contribution of accidents at work and occupational diseases; c) classification in a risk class of the employer; d) unjustified refusal to resolve an application for insurance rights for accidents at work and occupational diseases; e) the manner of establishment and payment of benefits and services due to insurance beneficiaries for accidents at work and occupational diseases; f) complaints against the minutes of finding contraventions, concluded under this law; g) any other decisions of the insurer, in accordance with the provisions of this law. + Article 105 (1) The courts in whose radius are the domicile of the defendant are territorially competent. (2) If, by exceptions, the object of the dispute forms an appeal against the CNPP or territorial pension houses, the territorial jurisdiction lies with the tribunal in whose radius the applicant's domicile or seat is located. + Article 106 The court of appeal may appeal against the judgment of the court of appeal. + Article 107 The provisions of this law regarding the jurisdiction of insurance for accidents at work and occupational diseases shall be supplemented by the provisions of the Civil Procedure Code, republished, with subsequent amendments and completions, of Law no. 92/1992 , republished, with subsequent amendments and completions, as well as with any other provisions in the matter. + Article 108 Court proceedings and all procedural acts in relation to disputes concerning rights or obligations of insurance for accidents at work and occupational diseases shall be exempt from the stamp duty. + Article 109 (1) The amounts collected unearned as benefits and services for accidents at work and occupational diseases shall be recovered from the beneficiaries within the general limitation period of 3 years. (2) The amounts referred to in par. ((1) shall be recovered from the beneficiaries on the basis of the decision of the competent body which is enforceable. The amounts left unrecovered from the deceased beneficiaries no longer follow. + Chapter XII Transitional and final provisions + Article 110 ((1) This law shall enter into force on 1 January 2005, with the exception of the provisions relating to the establishment of the initial insurance fund for accidents at work and occupational diseases, which shall enter into force on 1 January 2003, medical services in health facilities with legal personality and occupational diseases departments and occupational health offices subordinated to hospitals, including the Sanatorium of professional diseases Avrig, which is supported, according to the provisions of this law, of the insurance system funds for accidents at work and diseases professional, as of 1 January 2006. (2) In 2005 the financing of expenses of health facilities with legal personality and sections of occupational diseases, as well as occupational health offices shall be borne by the state budget. (3) Based on the documents provided in art. 53, the value of medical services granted in case of work accident and occupational disease by healthcare providers in contractual relationship with health insurance companies, services subject to contracts concluded between them, shall be borne from the budget of the Single National Health Insurance Fund, and subsequently their consideration shall be recovered from the amounts provided with this destination in the state social insurance budget, in compliance with the deadlines and conditions set out in the methodological norms for the application of this law. ((4) The labor of medical services provided in health facilities with legal personality and occupational diseases departments, as well as within the occupational health offices in the structure of hospitals shall be borne from the amounts provided with this destination in the state social insurance budget, based on contracts concluded by hospitals with territorial pension houses, in accordance with the procedure for contracting and paying medical benefits, established by the methodological norms for the application of this law. (5) In the situation of persons admitted to health facilities with legal personality and departments of occupational diseases during 2006, for which the professional nature of the disease is refute, the value of the medical services granted to them and validated by the health insurance companies shall be borne from the amounts provided with this destination in the state social insurance budget, their value will be recovered, by settlement based on the supporting documents, from the budget of the Fund single national health insurance, in accordance with the provisions of the rules methodological application of the present law. (6) Provisions of para. ((5) shall also apply accordingly for the periods after 2006. (7) Settlement of medical services confirmed under the conditions of par. (5), between the health insurance houses and the territorial pension houses, shall be made from the budget of the Single National Health Insurance Fund, within the limits of the indicators included in the contracts for the provision of services for diseases professional, according to the provisions of the methodological norms for the application of this law. (8) The expenses representing the value of the medical services provided in par. ((4) and (5) made in the first quarter of 2006 shall be settled after its conclusion, in accordance with the provisions of the contracts concluded according to the provisions of par. ((4). ((9) The expenses incurred in the first quarter of 2006 by the health units with legal personality fully financed from the state budget, namely the Sanatorium of professional diseases Avrig, shall be borne from the state budget through the budget Health Ministry. (10) The treatment prescribed by the occupational health doctor shall be communicated to the family doctor by medical letter, according to the legal provisions in force, the settlement of the benefits to be carried out according to the provisions of ((3). (11) The reimbursement of medical services granted to workers insured under the Romanian legislation will be carried out in accordance with the invoices and supporting documents sent by the competent institutions of the European Union member countries or the countries provided for in bilateral agreements. (12) The transport costs necessary for repatriation in case of death of a worker insured according to the Romanian legal provisions in force, as a result of a work accident or occupational disease, shall be borne from the amounts provided with this destination for work accidents and occupational diseases from the state social insurance budget. ((13) Contravail of medical services provided in health facilities with legal personality and occupational diseases departments, as well as in occupational health offices located in the structure of hospitals, for the purpose of investigation and establishment the professional nature of the disease, is borne from the amounts provided with this destination in the state social insurance budget, based on contracts concluded by hospitals with territorial pension houses, regardless of whether they are confirmed or disprove character of work. (14) The procedure for contracting and paying the medical benefits provided in par. (13) is established by the methodological norms for the application of this law. ((15) The procedure for the investigation and diagnosis of occupational diseases and the list of related medical benefits shall be established by joint order of the Minister of Health and the Minister of Labour, Family, Social Protection and Persons Elderly. + Article 111 (1) In the period from 1 January 2003 to 31 December 2004 insurance contributions for accidents at work and occupational diseases are intended solely for the establishment of the initial fund necessary for the operation of the occupational accident insurance scheme and occupational diseases. (2) The contribution rate due by employers and individuals entering into individual insurance contracts is 0.5%, regardless of the risk class. (3) As of January 1, 2004, the CNPP will administer the funds of the insurance system for work accidents and occupational diseases through the structures established for this purpose. + Article 112 The period of suspension of the individual employment contract in case of leave for temporary incapacity for work due to the occurrence of a work accident or occupational disease shall be considered to be seniority. + Article 113 Public health departments carry out the selection of cases of occupational disease provided in art. 22 22 para. (2) and send to the territorial pension houses the declaration sheets BP2, completed in accordance with the provisions Law of Safety and Health at Work no. 319/2006 ,, as amended. + Article 114 Until December 31, 2004 the Ministry of Labour, Family, Social Protection and Elderly and the Ministry of Health will develop and approve the methodological norms for the application of this law, which will be published in the Official Gazette of the Romania, Part I. + Article 115 This Law shall be supplemented by provisions Law no. 319/2006 ,, as amended, the Law no. 241/2005 to prevent and combat tax evasion, as amended, of the legislation regarding the regime of contraventions, as well as with the provisions of social security legislation. + Article 116 (1) On the date of entry into force of this Law, the art. 100 100 para. ((2) of Law no. 19/2000 * *) on the public pension system and other social security rights, with subsequent amendments and completions, as well as any other provisions contrary to this law. ----------- Note * *) Law no. 19/2000 on the public pension system and other social security rights is repealed by Law no. 263/2010 on the unitary public pension system, published in the Official Gazette of Romania, Part I, no. 852 of 20 December 2010, with subsequent amendments and completions. (2) Provisions art. 98 98 para. ((1) lit. a) and b) and para. ((3), art. 102, 104, art. 108 108 para. ((2), art. 109 109 para. ((1) lit. a), b), d), e) and f) and para. ((2), art. 111, 112, 114 and 115 of Law no. 19/2000 *), with subsequent amendments and completions, will maintain their applicability for all situations provided in the above-mentioned law, except for those generated by work accidents and occupational diseases, provided in accordance with the provisions this law. ---------- Note * *) Law no. 19/2000 on the public pension system and other social security rights is repealed by Law no. 263/2010 on the unitary public pension system, published in the Official Gazette of Romania, Part I, no. 852 of 20 December 2010, with subsequent amendments and completions. -------