April 16, 2025

Workplace Health and Safety Legislation from the Employers’ Perspective

What does workplace health and safety (formerly known as labour protection under Law 90/1996) actually mean? According to Law 319/2006, workplace health and safety is defined as:
“A set of institutionalized activities aimed at ensuring the best working conditions, protecting the lives, physical and mental integrity, and health of workers and other individuals involved in the work process.” In simpler terms, this means that employers must create a work environment where employees return home at the end of the workday just as healthy as they were when they arrived.

Law 319/2006 and Government Decision 1425/2006 (Regulations for the Implementation of Law 319/2006) aim to establish measures for improving health and safety for workers. These provisions set out general principles regarding the prevention of occupational risks, protection of workers’ health and safety, elimination of accident and occupational illness risk factors, as well as ensuring information, consultation, and balanced participation in accordance with the law. Additionally, they outline training requirements for both employees and their representatives, along with general guidelines for implementing these principles.

These legal provisions apply to all activity sectors, both public and private, regardless of the number of employees or their roles (employer, worker, or worker representative).

What obligations do we have as employers? Employers have numerous and varied responsibilities, including:

  • Ensuring the safety and health of workers in all aspects of work;

  • Preventing occupational risks;

  • Informing and training employees;

  • Providing the necessary organizational framework and resources for workplace health and safety;

  • To meet these responsibilities, employers must:

    • Eliminate risks whenever possible;
    • Assess and mitigate unavoidable risks directly at their source;
    • Adapt work processes to human needs, particularly regarding workstation design, equipment selection, and work methods;
    • Replace hazardous elements with non-hazardous or less dangerous alternatives; Prioritize collective protection measures over individual protection; Provide workers with clear and appropriate instructions.

To comply with these obligations, an employer must turn to a specialist who can be an internal employee with specialized training (designated worker) or a specialized company in the field holding a certification issued by the Ministry of Labor together with the Territorial Labor Inspectorates (External Prevention and Protection Service). Lucrătorii desemnaţi nu trebuie să fie prejudiciaţi ca urmare a activităţii lor de protecţie şi a celei de prevenire a riscurilor profesionale şi trebuie să dispună de timpul necesar pentru a-şi putea îndeplini obligaţiile ce le revin conform legii. If the employer uses external services, they must be informed by the employer about the known factors that affect or are likely to affect workers’ safety and health and must have access to information within the company.

Toate aceste prevederi enumerate mai sus trebuie puse în aplicare încă de la înfiinţarea companiilor, nerespectarea lor ducând la amenzi ce au cuantumul cuprins între 1000 – 20000 RON.