OSH systems at national level - Romania

OSH legislative framework

In Romania, the occupational safety and health (OSH) at work area is regulated through three major types of legislation: primary, secondary and tertiary legislation.

Primary legislation (general principles):

• Law No. 319 of 14 July 2006 on Safety and Health at Work ^[1] amended on 27 September 2010

Secondary legislation (preventive measures, rules of application):

• Government Decision (GD) No. 1425 of 11 October 2006 ^[2] on the Methodological Norms for the enforcement of the Law No. 319 on Safety and Health at Work, amended by GD 955/2010
• Government Decision No. 955 of 27 September 2010 ^[3] on the amendment and completion of the Methodological Norms for the enforcement of the Law No. 319 of 14 July 2006 on Safety and Health at Work approved by the Government Decision No. 1425 of 11 October 2006
• Government Decisions transposing EU Directives
• Standards (standards on safety, standard of the product)
• Other legal acts of public administration

Tertiary legislation (detailed preventive measures):

• Companies’ own OSH instructions in the completion and\or implementation of the regulation in the field according to the specific conditions of their activity.

The Law No. 319 of 14 July 2006 on the safety and health of workers at work ^[1] establishes general principles concerning the prevention of occupational risks, the protection of workers’ health and safety at work, the reduction/elimination of risk and accident factors, information, consultation, balanced participation in accordance with the legal provisions, training of workers and their representatives, as well as general guidelines for the implementation of the said principles. The Law No. 319 applies to every employer who employs at least one worker, to the workers and the workers’ representatives i.e. to every person participating in the work process. It also applies to all the activity sectors, both from the private and public sector and transposes the framework Council Directive 89/391/EEC of 12 June 1989 on the introduction of measures to encourage improvements in the safety and health of workers at work ^[4]into the Romanian legislation. The Law No. 319 entered into force on 1 October 2006 thus replacing the Law No. 90 of 1996 on Labour Protection that governed the OSH area during the pre-adherence period in Romania.

The Law No. 90 of 1996 on Labour Protection suited the major changes occurred onto the labour market during the transition period in Romania. These changes were mostly determined by the transition from an economy governed by the state ownership upon the economic sector to the market economy and the beginning of the privatization process.

In 2006, ten years later, alongside with the socio-economic changes of the labour market, the need of new regulations in terms of worker safety and health became more than evident. Therefore, the Law No. 319 of 14 July 2006 on safety and health of workers was the result of the social partners’ consultation. It reflects the transformations suffered by the Romanian society as a whole during the transition from the state economy to the market economy and a free market. In particular, it reflects the transformation of the institutional framework in the OSH area and of the domestic workforce as well.

It also represents a major step ahead as regards the approach to worker safety and health in the light of the European values stipulated within the EEC Directives in the field, and the principles of a modern social law according to which the human life is a supreme value and the safe and healthy workplaces represent a basic worker right. The Law No. 319 also reflects an increased emphasis on prevention and counseling in the OSH area in line with the EU Directives in force rather than the control and sanction based principles that characterized the former labour regulations.

The Law No. 319 of 2006 constitutes a benchmark in terms of the safety and health approach in Romania and the promotion of significant improvements in the OSH area towards well-being at work and a higher quality of the work and life in general.

The principles and the consecutive provisions of this law constituted the basis for more detailed regulation of the rights and obligations incumbent both on the employers and the workers, and for the establishment of adequate measures of implementation.

Therefore, the provisions of the Law No. 319 of 14 July 2006 were applied through the Methodological Norms for the enforcement of the Law No. 319 detailing the modalities of implementation. These Methodological Norms were approved by the Government Decision No. 1425 of 11 October 2006 published in the Romanian Official Journal No. 882 of 30 October 2006. In 2010, they were amended through the Government Decision No. 955 of 27 September 2010 published in the Romanian Official Journal No. 661 of 27 September 2010. These amendments did not bring in major changes to the implementation norms. They particularly addressed some specifications in the completion of the existing regulations.

In Romania, the legal regulations in the OSH area also include a series of acts that transpose the specific directives drawn up for the implementation of the framework Directive 89/391/EEC of 12 June 1989 and address specific activities and related risks of all the activity sectors. They were adopted into the Romanian legislation through Government Decisions and ensured the compatibility of the domestic legislation with the EU regulations in the OSH area.

In conclusion, the Romanian OSH system might be characterized by a comprehensive legislative framework that fully transposed the EU legislation in the area and an adequate institutional framework aligned to the Community requirements in the field. The weak point would be in terms of the implementation of the legal provisions on OSH and the identification of the most efficient instruments on this purpose.

Main legislative acts:

• The Safety and Health at Work Act (Law No. 319 of 14 July 2006 on the Safety and Health at Work) ^[1]
• Government Decision No.1425 of 11 October 2006 on the Methodological Norms for the enforcement of the Law No. 319 on Safety and Health at Work, amended by GD 955/2010 ^[2]
• Government Decision No. 955 of 27 September 2010 on the amendment and completion of the Methodological Norms for the enforcement of the Law No. 319 of 14 July 2006 on Safety and Health at Work approved by the Government Decision No. 1425 of 11 October 2006 ^[3]
• Government Decision No. 1875/2005 on the protection of workers from the risks related to exposure to asbestos at work ^[5]
• Government Decision No. 1876/2005 on the minimum safety and health requirements regarding the exposure of workers to the risks arising from vibration ^[6]
• Government Decision No. 300/2006 on the minimum safety and health requirements for temporary or mobile construction sites ^[7]
• Government Decision No. 493/2006 on the minimum safety and health requirements regarding the exposure of workers to the risks arising from noise ^[8]
• Government Decision No. 971/2006 on the minimum requirements for the provision of safety and/or health signs at work ^[9]
• Government Decision No.1007/2006 concerning minimal requirements on safety and health related to medical assistance on board vessels ^[10]
• Government Decision No. 1028/2006 on the minimum safety and health requirements regarding the use of the equipment with display screen ^[11]
• Government Decision No. 1048/2006 on the minimum health and safety requirements for the use by workers of personal protective equipment at the workplace ^[12]
• Government Decision No. 1049/2006 on the minimum requirements for improving the safety and health protection of workers in surface and underground mineral-extracting industries ^[13]
• Government Decision No. 1050/2006 concerning the minimum requirements to safeguard the safety and health of workers in the mineral – extracting industries through drilling ^[14]
• Government Decision No. 1051/2006 concerning the minimum safety and health requirements for the manual handling of loads where there is a risk particularly of back injury to workers ^[15]
• Government Decision No. 1058/2006 on minimum requirements for improving the safety and health protection of workers potentially at risk from explosive atmospheres ^[16]
• Government Decision No. 1091/2006 concerning the minimum safety and health requirements for the workplace ^[17]
• Government Decision No. 1092/2006 on the protection of workers from risks related to to chemical agents ^[18]
• Government Decision No. 1093/2006 regarding the protection of workers from the risks related to exposure to carcinogen or mutagen agents at work ^[19]
• Government Decision No. 1135/2006 regarding the minimum safety and health requirements for work on board fishing vessels ^[20]
• Government Decision No. 1146/2006 regarding the establishment of minimum safety and health requirements for the use of work equipment by workers at work ^[21]
• Government Decision No. 1218/2006 laying down minimum requirements for the health and safety at work for the protection of workers from risks related to chemical agents ^[22]
• Government Decision No. 600/2007 on the young workers protection at the workplace ^[23]
• Government Decision No. 355/2007 on the workers health surveillance ^[24]

The legal acts listed above were elaborated through the consultation and the effective contribution of all the social partners implying the government, the institutions in the field, employers’ organizations, the major trade-union organizations, professional bodies in the OSH area. They were equally meant to make complete the Romanian legislative and institutional framework on OSH prior to and in the preparation of the adherence to the EU that took place in 2007.

They have also defined the OSH legislative framework for the integration process of Romania into EU.

As regards the OSH instructions drawn up by the companies (tertiary legislation), they were elaborated by the employers in the completion and/or implementation of the general OSH legislation within the activity sector and the specific working conditions of the companies concerned. These specific regulations address only the issuing company and constitute the basis of : 1. the prevention plan of the company; 2. risk assessment and control; 3. worker OSH training; 4. the investigation of work accidents/incidents and the establishment of the due sanctions/penalties when required.

National strategy and programmes

Starting with the pre-adherence period, Romania consecutively adopted a series of OSH strategies and programmes meant to transpose the EU legislation in the area into the national legislation and to set up an adequate institutional framework for the implementation of the transposed legislation at national level. Since 2007, after Romania’s adherence to the EU, the national strategies have been in line with the EU strategies on OSH being part of the general integration process Romania has to cope with at present and in the coming years.

Therefore, it’s worth mentioning several steps in developing the national strategies on OSH that gradually resulted in Romania’s alignment with the EU OSH objectives and policies. They defined each particular stage Romania passed through in the adoption and implementation of the EU major directions on OSH (strategies, programmes, policies in the area).

In line with the Community strategy on health and safety at work 2002-2006 ^[25], the Ministry of Labour, Social Solidarity and Family (the former name of the Ministry of Labour, Family and Social Protection) and the Ministry of Health jointly developed ‘Romania's policy and strategy on health and safety at work for the period 2004 - 2007’ ^[26] that aimed at achieving the following objectives:

• Taking over ‘l’acquis communautaire’ in the OSH field, until 2006

• Developing and strengthening the institutional framework on health and safety at work

• Fostering the prevention of occupational accidents and illnesses by creating a culture of risk prevention

• Developing and enlarging the social dialogue structures in order to provide the social partners’ improved access to the decision-making and the implementation process in the area.

The document mentioned above actually re-launched the prevention policy at national level, strengthened the partnership among the social partners and raised the public awareness on the health and safety at work as a key factor of economic performance and competitiveness, in accordance with the Community strategy objectives. It also represented a significant document in the preparation of Romania’s adherence to the EU (2007).

In 2008, the Ministry of Labour, Family and Social Protection elaborated the National strategy on health and safety at work 2008-2013 ^[27]. It set out the main priorities and objectives in the field of occupational safety and health for short and medium term. The main objective of this strategy was to consistently and significantly reduce the number of work accidents and occupational diseases and continuously improve the level of occupational safety and health in Romania. To reach this goal, a better knowledge and understanding of workplace related risks was required alongside the identification of the most appropriate and efficient measures to increase worker safety and health and to promote an effective preventive culture in Romania.

This strategy was the result of a working group conducted by the Ministry of Labour, Family and Social Protection alongside the representatives of the Labour Inspection, the National House of Public Pensions, the National Research and Development Institute on Occupational Safety ’Alexandru Darabont’, the Ministry of Public Health and the Ministry of Education and Research. Consultations took place with the social partners accompanied by open debates within the Social Dialogue Committee of the Ministry of Labour, Family and Social Protection. The project draft was discussed at national level as well, and the final version of the project was published on the website of the ministry and other OSH relevant bodies.

The National strategy on health and safety at work 2008-2013 for Romania was drawn up in line with the Community strategy on health and safety at work 2007-2012 ^[28]. Therefore, the National strategy 2008-2013 took over the major objectives of the Community strategy in the field and adapted them to the particularities of the OSH system in Romania.

At the elaboration of this strategy, a series of factors were particularly taken into consideration:

• The socio-economic impact of the new OSH legislation on the Romanian employers and the business activity in general, in terms of improving safety and health at work through increased investments in new technologies and equipment and in the workforce health and safety at work
• Setting up the implementation process steps of the strategy at national level to attain a reduction in work accidents by 25% and to ensure safer and healthier workplaces and a more satisfied workforce
• Establishing a set of concrete actions and measures meant to create safer and healthier jobs and to improve the quality of work and life in Romania
• Setting up adequate measures to improve risk prevention and to make the role of the social partners more effective within the national OSH system
• Promoting a prevention culture in Romania as a key factor of increased economic productivity and competitiveness, lower costs with work accidents and occupational diseases, a safer and healthier workforce, an increased quality of work and life at societal level
• Laying an increased focus on the young workers’ OSH needs, considering to a greater extent the gender issues and the ageing workforce as well, through adequate measures and targeted programmes in the field.

The National strategy on health and safety at work 2014-2020 for Romania is in course of elaboration by the Ministry of Labour, Family, Social Protection and Elderly (the former Ministry of Labour, Family and Social Protection), with a special focus on the future EU challenges e.g. occupational diseases, new and emerging risks, demographic changes (ageing workforce, migration), SMEs legal framework, improved statistical tools.

The EU PROGRESS programme for employment and social solidarity, 2007-2013 – Section: ’Working Conditions’ ^[29] – the objectives of this programme section aim at improving the working conditions in terms of health and safety at work and increasing the quality of work and life in general. The EU PROGRESS programme in Romania mainly consisted of impact studies related to the implementation of the OSH policy and legislation and the promotion of the European good practices in the area. Networking and partnership among the social partners, on one hand, and among the domestic employer and trade-union organizations, and similar organizations at European level have been also highly encouraged. The programme has also focused on raising the awareness on and fostering an effective preventive culture in Romania and its benefits for the companies and for a knowledge and competitiveness based society as a whole.

At present, the PROGRESS programme i.e. the ’Working Conditions’ section is adapted by the Ministry of Labour, Family, Social Protection and Elderly to the requirements of the Europe 2020 Strategy namely ‘A strategy for smart, sustainable and inclusive growth’. Three major objectives were established i.e. 1. An efficient enforcement of the EU legislation on worker protection and equality; 2. Adherence to the jointly established EU objectives in terms of common approaches to information, co-ordination and consolidation of the reforms at national level; 3. Efficient partnerships with regard to the involvement of all the social partners at the elaboration of policies at national level.

The Sectoral Programmes 2013-2015 – These programmes are constitutive parts of the Sectoral Research and Development Plan for the period 2013-2015 i.e. ’The Health and Safety at Work Programme’ developed by the Ministry of Labour, Family, Social Protection and Elderly. They were approved through the Order No. 3808/28.12.2012 issued by the minister of Labour, Family, Social Protection and Elderly with later amendments and were meant to be implemented during 2013-2015.

The Sectoral Programmes 2013-2015 include four major projects to be developed and implemented by the research institutes on OSH co-ordinated by the Ministry of Labour, Family, Social Protection and Elderly. They are as follows:

• Elaboration of measures and instruments for the improvement of the independent workers’ health and safety at work’
• Study for the substantiation on setting up training programmes on ergonomics and a methodological framework for experts forming in the field’
• Supporting the employers to reach the conformity with the legal requirements related to the vulnerable groups’ exposure to specific risks’
• Development of tools for the accomplishment of the prevention and protection activities as provided by the OSH legislation i.e. Art. 15 of the Methodological Norms for the enforcement of the Law No. 319 on Safety and Health at Work, amended by GD 955/2010’^[2].

Social dialogue

In Romania, there are three main participants in the social dialogue at national level. They are as follows: the Romanian government, the employer organizations and the trade-union organizations respectively. Labour Inspection, OSH research and development (R&D) entities, insurance bodies, professional associations in the field play a significant role as well.

Social dialogue at national level

The institutionalized social dialogue in Romania encompasses the following:

• Tripartite social dialogue (government, employers, trade unions)
• Bipartite social dialogue (employers, trade unions)

Tripartite social dialogue

• At national level, the tripartite social dialogue is regulated and carried out by the following structures:

The Economic and Social Council ^[30] was established as a consultative body of the Government and Parliament in 1997. It is constituted of government representatives, and employer and trade- union representatives recognized at national level as well. The Economic and Social Council is endorsing all the economic and social legislative acts. Its advisory opinion accompanies each draft bill submitted to the parliament debate prior to be adopted. The Economic and Social Council is the main consultative body within the national tripartite social dialogue. It is regulated by the Law No. 109/1997 with subsequent amendments.

A Department for Social Dialogue was established at government level to conduct and enhance the tripartite social dialogue. This department is coordinated by a Secretary of State who is responsible for the social dialogue committees of the ministries and for organizing the Prime Minister’s meetings with the representatives of the Economic and Social Council whenever necessary.

In addition, a Secretary of State is appointed in each ministry to co-ordinate the social dialogue committees and the relationship with the trade-unions and the employer organizations.

• At sectoral level, the tripartite social dialogue is regulated by the Government Decision No. 314/2001 amended by the GD No. 569/2002 related to the establishment, organization and functioning of the social dialogue committees. These committees exist and operate in all the ministries being constituted of representatives of the ministries, the trade unions and the employer organizations. Within these committees, the social partners are consulted on all the legal acts elaborated and submitted by the ministry and equally on any matters of interest to the social partners on the activity sectors concerned.
• Social dialogue at territorial level - it takes place in accordance with the administrative structures (districts) of the country, within the territorial social dialogue committees including representatives of the local authorities alongside the employer organizations and trade –union (worker) representatives.

Experts and representatives of other administrative or civil society structures may attend these meetings depending on the topics discussed in these territorial social dialogue committees. Advisory opinions developed in the social dialogue committees at territorial level are communicated to the Economic and Social Council and considered at the elaboration of each draft law submitted to the debates in the Parliament.

• Other tripartite structures.

Occasionally, depending on the complexity of the issues discussed, ad hoc tripartite structures may be established to debate on a specific matter (e.g. a tripartite ministerial committee for improving the business environment, etc).

Bipartite social dialogue

The bipartite social dialogue (trade unions, employers) is mainly found at the negotiation and conclusion of the Labour Collective Agreements.

In Romania, they are concluded at national level, at sectoral level and at company level respectively, on condition that the company is having 21 employees at least.

Another form of bipartite social dialogue is related to the settlement of collective labour disputes that are governed by the Law No. 168/1999 on the settlement of labour disputes providing procedures for solving conflicts of rights and/or interests (conciliation, mediation, arbitration or strike).

Social dialogue at sectoral level

At sectoral level, the social dialogue is run within joint committees including employer organizations and trade union representatives depending on the activity sector concerned. In general, these sectors of activity belong to big industrial branches (metallurgy, constructions, energy, chemical industry) with high risks and a large number of employees. The social dialogue is meant to discuss and adapt the general legal provisions on OSH to the particularities of the workplaces and the activities carried out within these sectors. The trade unions play a key role as social partners within the activity sectors mentioned above.

Social dialogue at enterprise level

At enterprise level, the social dialogue takes place within the OSH Committees that are legally constituted (as per the Law No. 90/1996 replaced by Law No. 319/2006) in each company with at least 50 employees. These committees may be also constituted within the undertakings with less than 50 employees, upon the labour inspector’s request, whenever the activity developed in these enterprises and the related risks for workers’ safety and health impose such a measure.

The OSH Committees include the employer or the employer’s legal representative(s), an occupational medicine physician and trade-union representative(s) or workers’ representative(s) when trade union structures do not exist in the company. They participate in the workplace risk assessment and the elaboration of the preventive plan at company level. The OSH committees do also participate in the decision making process related to the workplace safety and health and worker well-being.

OSH infrastructure

OSH infrastructure scheme

National competent bodies

OSH authorities and Inspection services

The main institutions responsible for managing occupational safety and health at national level in Romania are as follows:

• The Ministry of Labour, Family, Social Protection and Elderly (MMFPSPV) ^[31] – specialized body of the central public administration and legal person subordinated to the Government of Romania, in charge with the implementation of the governmental policies in the area of labour, family, equal opportunities, social protection and the elderly.

MMFPSPV acts in the OSH field through the Direction of Safety and Health at Work co-ordinated at the Ministry top management level by a Secretary of State. This Direction coordinates two research and development (R&D) national institutes in the field of OSH and social security, respectively, while also monitoring the implementation of the policies and legislative acts in the area.

The Ministry of Labour, Family, Social Protection and Elderly hosts The Economic and Social Council and co-ordinates the Labour Inspection as well, apart from the two R&D institutes mentioned above. Its scope in terms of OSH covers the following main responsibilities:

a) development of strategies and policies in line with the EU policies in the area,

b) elaboration of draft legal acts meant to put into practice these policies and strategies,

c) ongoing harmonization of the national institutional and legislative framework with the EU institutions and regulations in force,

d) elaboration of programmes and projects meant to put into practice an effective preventive culture at national level, irrespective of the sector of activity, both in the public and private sector,

e) development of policies and strategies meant to the improvement of the quality of work and life,

f) implementation of the legal acts in force and monitoring the observance of the law provisions within its area of regulation,

g) setting up and co-ordination of the certification and accreditation bodies for machinery and personal protective equipment,

h) co-ordination of the research and development programmes/projects in the R&D institutes that are under its co-ordination/subordination,

i) fostering the approach to the EU topics and programmes in the OSH area to be developed at national level as well.

• The Ministry of Health (MS) ^[32] – legal person and central administration body in the field of public health care.

Similarly with the Ministry of Labour, Family, Social Protection and Elderly, the Ministry of Health transposes into practice the governmental policies for the healthcare sector, both within the public health care system and in private medical units.

In the occupational health area, the Ministry of Health is drafting regulations for the medical sector, particularly for the development of the health at work activities, in line with the EU legislation in force.

At the same time, the Ministry of Health promotes the education of the occupational medicine physicians at academic level in collaboration with the Ministry of National Education, through occupational medicine clinics hosted by the biggest hospitals in the country.

The Ministry of Health is also elaborating and implementing adequate strategies and programmes meant to the improvement of workers’ health at the workplace and the reduction/elimination of the risk factors that may result in severe occupational diseases with significant costs in terms of human life and financial resources.

The Ministry of Health also co-ordinates the activity of the Public Health Institute in charge with monitoring the public health at national level, including the workplace related diseases, and the evidence of the occupational diseases as well.

• The Labour Inspection (IM) ^[33] – represents the competent public authority in charge with the unitary enforcement of the legislation on occupational safety and health within public and private undertakins of all the economic sectors.

The Labour Inspection establishment and organizational structure are regulated by the Law No. 108/1999 republished and also by the Regulation of organization and functioning approved through the Government Decision No. 1377/2009 amended.

The Labour Inspection main objective resides in controlling the observance of the legal obligations by the employers from the public and private sector both in terms of labour relations and the employees’ safety and health at work of all the economic sectors.

The Labour Inspection includes a number of 41 Labour Territorial Inspectorates in its organizational structure. They correspond to the 41 districts of the country enforce the Labour Inspection policy at territorial level. The Labour Inspectorate of Bucharest constitutes a separate entity corresponding to the size of the capital of the country and its significant number of companies.

The Labour Inspection also develops a series of programmes meant to the improvement of the safety and health at work in collaboration with other actors of the domestic OSH system e.g. the Ministry of Labour, the Research and Development Institute on Occupational Safety ‘Alexandru Darabont’.

Moreover, the Labour Inspection is constantly involved in EU OSH campaigns e.g. the EU OSHA biannual campaigns, the European Week, etc. It also participated in the ‘Psychosocial Risks at Work’ Campaign run by the Senior Labour Inspectors’ Committee (SLIC) within all the EU Member States in 2012. At present, the Labour Inspection is taking an active part in the ongoing SLIC Campaign 2014-2015.

OSH services

In Romania, in accordance with the legislation in force (Law No. 319/2006 and the Methodological Norms for the enforcement of the Law No. 319 on Safety and Health at Work approved by the Government Decision No. 1425/2006), the employer has the responsibility for occupational safety and health and ‘for all the employment related aspects’ (Art. 6, Law No. 319/2006).

In case that external OSH services operate within an enterprise, this does not exonerate the employer from his responsibility.

The employer’s responsibilities in accordance with the Law No. 319/2006, Art. 7, consist of:

a) ensuring workers’ safety and health,

b) preventing the occupational risks,

c) ensuring workers’ information and training,

d) providing the organizational framework and the instruments for the implementation of the safety and health measures.

Art. 14 of the Methodological Norms for the enforcement of the Law No. 319 on Safety and Health at Work ^[2], details the modalities the employer disposes of in order to organize the prevention and protection activity within the enterprises of all the activity sectors, both from the public and private sectors in Romania.

These modalities of organizing the prevention and protection activity by the employer are as follows:

• To assume the accomplishment of the OSH measures stipulated within the law providing that:

- the employer is effectively and regularly working in the enterprise and/or undertaking,

- the employer attended at least one OSH training programme of a minimum duration of 40 hours.

• To appoint one or more employees to carry out the workers’ safety and health related activities, i.e.:

- the employer shall make the decision on the number of workers appointed on this purpose and provide adequate resources to make possible their activity,

- the appointed workers shall meet a series of requirements (full time individual labour contract and adequate OSH training).

• To set up an internal OSH service
• To resort to external OSH services

The decision on the above legal alternatives to be applied at the development of OSH activity within the enterprises depends on: the size of the enterprise, the categories of occupational risks the workers are exposed to, the sector of activity of the company. These criteria are regulated by Art. 16 to19 of the Methodological Norms for the enforcement of the Law No. 319 on Safety and Health at Work approved by the Government Decision No. 1425/2006 ^[2].

Internal OSH services

According to the Art. 2 of the Methodological Norms for the enforcement of the Law No. 319 on Safety and Health at Work approved by the Government Decision No. 1425/2006 ^[2], the internal OSH services are defined as ‘the totality of financial and human resources allocated for the accomplishment of the prevention and protection activities within the enterprise and/or undertaking’.

In addition, Art. 23 to 27 of the Methodological Norms from above detail the structure and the competences of the internal OSH services according to which:

• The internal OSH service represents a distinct organizational entity that is directly subordinated to the employer,
• The employer shall establish the structure of the internal OSH service depending on the size of the enterprise and the category of risks the workers are exposed to,
• The internal OSH service shall be constituted of those workers who meet the minimum OSH training requirements as provided by Art. 47-51 of the Methodological Norms,
• The workers of the internal OSH services shall accomplish only prevention and protection activities within the enterprise. They may also develop fire fighting and environmental activities only when necessary,
• The internal OSH service shall dispose of all the human and financial resources allowing the accomplishment of its attributions in terms of OSH,
• The employer shall provide adequate means to enable the internal OSH services accomplish their tasks related to the OSH activities assigned to them,
• In case that more than one internal OSH service is operating within an enterprise, all the existing internal OSH services shall jointly work to the benefit of the enterprise,
• In case the company has more than one working points, the internal OSH service shall ensure the prevention and protection activities within these working points as well,
• The internal OSH service may also ensure the health surveillance of the employees within the enterprise on condition that its members have the due knowledge and expertise in this respect.

Occupational (external) OSH services

In case that the workers designated by the employer to accomplish OSH activities within the enterprise or the internal OSH services do not have adequate capabilities and/or skills to carry out prevention and protection services, the employer shall resort to external OSH services (Art. 18 of the Methodological Norms for the enforcement of the Law No. 319 on Safety and Health at Work approved by the Government Decision No. 1425/2006).

Art. 28 to 45 of the Methodological Norms for the enforcement of the Law No. 319 on Safety and Health at Work approved by the Government Decision No. 1425/2006 ^[2] establish the legal framework for the external OSH services operating within the enterprises in the absence of or alongside the internal OSH service.

A number of legal requirements addressing the external OSH services are stipulated within Art. 28-45 of the Methodological Norms from above. In accordance with these legal provisions, the external OSH services shall meet the following requirements:

• To be authorized by the Advisory Commission in charge with the authorization of the external OSH services and the approval of the technical documentation on OSH information and training (issue of an authorization certificate by the Territorial Directions of the Ministry of Labour, Family, Social Protection and Elderly),
• The certificate of authorization shall be also sent to the corresponding Labour Territorial Inspectorate (in copy) for evidence,
• Any change in the terms of issuing the authorization certificate for the external OSH services shall lead to the renewal of the authorization procedure by the Commission and the appropriate notification of the Labour Inspection,
• The external OSH service shall operate as provider of prevention and protection activities on the basis of a contract concluded with the employer,
• The contract concluded with the employer shall also stipulate the terms of collaboration among the external OSH service on one hand, and the workers assigned by the employers and/or the internal OSH services, on the other hand,
• The external OSH services shall be constituted of personnel having adequate professional knowledge and expertise, and dispose of the necessary financial resources to develop the OSH activities,
• The workers belonging to the external OSH services shall meet the minimum OSH training requirements as provided by Art. 47-51 of the Methodological Norms for the enforcement of the Law No. 319 on Safety and Health at Work approved by the Government Decision No. 1425/2006 ^[2],
• The company shall make available all necessary information on the enterprise to the external OSH service thus allowing it to accomplish its tasks,
• The external OSH service shall draw up twice a year a report of activity that has to be transmitted to the corresponding Labour Territorial Inspectorate as well.

Compensation and insurance bodies

The National House of Public Pensions (CNPP) ^[34] represents the national authority in the field of insurance against work accidents and occupational diseases.

The former National House of Pensions and Other Social Insurance Rights – CNPAS was established through the Law No. 19 of 17 March 2000 on the public system of pensions and other social insurance rights thus managing the system of public pensions at national level.

The Insurance System Against Work Accidents and Occupational Diseases entered into force on 1 January 2005 through the Law No. 346/2002 amended.

The Law No. 346/2002 defines the insurance against work accidents and occupational diseases as ‘a person related insurance belonging to the social insurance system that is guaranteed by the state’. It regulates the social protection of the employees against diminishing or loss of their working capacity and decease in case of work accidents and occupational diseases.

The National House of Public Pensions acts as compensation and insurance body through the Direction – General of Work Accidents and Occupational Diseases (DGAMBP).

Services provided by the Direction – General of Work Accidents and Occupational Diseases:

• Medical rehabilitation of workers and recovery of their working capacity
• Workers’ rehabilitation and reintegration
• Indemnities for temporary loss of working capacity, decease, etc.

In addition to its role as national insurance body, CNPP does also represent a significant actor in terms of prevention i.e. the reduction in the dues paid by the companies to CNPP constitutes an incentive for the companies towards increased prevention and less work accidents and occupational diseases.

Other OSH bodies

Prevention Institutes

Prevention constitutes a crucial factor in terms of ensuring safety and health at work and eliminating/reducing the workplace related risks.

However, within the Romanian OSH system there are not prevention entities as such. Meanwhile, all the research entities on occupational safety and health, the public health bodies, the professional associations acting in the OSH area, labour inspection, the insurance bodies against work accidents and occupational diseases, etc. constantly contribute to the prevention at the workplace level and the improvement of the general conditions of work and life.

Therefore, apart from developing various programmes and projects on occupational safety and health, the research institutes also focus on finding solutions to eliminate/reduce the workplace related risks, especially within high risk activity sectors (e.g. constructions,health care sector, mining) and enhance the worker well-being at work through applicative research studies, surveys, training courses, information sessions, etc. The general prevention principles are to a large extent taken into consideration at the elaboration of various standards and procedures, guidelines, scientific studies carried out by the experts of these R&D entities at national level.

The key institutions acting as prevention entities at national level concomitantly with the development of R&D activities are listed below.

The National Research & Development Institute on Occupational Safety ‘Alexandru Darabont’ – INCDPM ^[35]

INCDPM has carried out its activity in the OSH area since 1950 as the major R&D prevention body at national level. Therefore, INCDPM has highly contributed to the prevention of work accidents and occupational diseases through the development of practical solutions and technical assistance for the enterprises of all the activity sectors aiming at improving the working conditions and the quality of work and life of the employees.

INCDPM also develops a steady training activity for the OSH practitioners at all the competence levels, as provided by the law, and elaborates OSH studies, procedures and guidelines for the prevention of occupational accidents and diseases.

The Public Health Institute (ISP)^[36]

It is a public health body subordinated to the Ministry of Health. The institute scope resides in the surveillance and control of the public health at national level, including the occupational diseases of all the activity sectors. The Public Health Institute carries out health surveys at national/regional/sectoral level and has the evidence of all the data obtained.

On the basis of this evidence, the institute accomplishes public health monitoring and promotes adequate solutions for the improvement of the population’s health condition.

In the OSH area, the Public Health Institute acts as a major workplace health promoter, contributes to occupational health education and the improvement of the working conditions in all the activity sectors. In addition, the institute is developing public health regulations and substantiates to a large extent the national public and occupational health strategies and policies to be drawn up by the Ministry of Health and the Ministry of Labour, Family and Social Protection as well.

The Public Health Institute also develops and co-ordinates the specific health services in the area of public health surveillance and occupational health promotion.

The National Research and Development Institute for Mining Safety and Protection Against Explosion - INCD INSEMEX Petrosani ^[37]

As OSH prevention body, INSEMEX Petrosani develops practical solutions for the safety of the equipment and installations operating within potentially explosive atmospheres, workers’ protection against the risks related to explosive and toxic atmospheres, mining rescuing.

INSEMEX Petrosani is also the main training provider for the OSH practitioners in the mining sector and specific prevention within potentially explosive atmospheres.

Professional associations

The Romanian Association for Safety and Health at Work (ARSSM) ^[38]

It is a non-governmental and non-profit professional association that brings together specialists in health and safety at work from the companies and other OSH related bodies. At national level, ARSSM has territorial subsidiaries corresponding to the administrative organization of the country (41 districts) and covers almost all the activity sectors.

ARSSM is thus a significant actor in the OSH prevention at national level being highly involved in the promotion of the social dialogue as a key factor of an effective prevention culture in Romania.

The Association is to a large extent concerned in encouraging a close collaboration of the social partners (governmental, employers’ and employees’ representatives) for the improvement of the legal and institutional OSH framework in Romania and a more efficient implementation of the regulations in force.

ARSSM promotes a global approach to OSH at national level that involves to a larger extent the employers’ organizations and the workers’ representatives at the decision making process in the OSH area. It also promotes a more flexible work organization to the benefit of the companies’ productivity and workforce well-being at work.

As OSH preventive body, ARSSM is also the main road safety promoter and develops a national level multi-annual campaign in close collaboration with various governmental and non-governmental bodies e.g. the Ministry of Labour, Family, Social Protection and Elderly, the Focal Point of the European Agency for Safety and Health at Work (EU OSHA) for Romania, the Inspectorate – General of the Romanian Road Safety Police, etc.

The Association for Occupational Safety and Health Timisoara (APSSMT) ^[39] Its major aim is to create and develop an improved OSH organizational framework at regional level (i.e. Timisoara District in the Western part of Romania) for the occupational safety and health professionals.

APSSMT contributes to the elaboration of research studies and prevention solutions aiming at the improvement of the working conditions and a safer and healthier workforce in the region.

Education, training and awareness raising actions

Legally required training for OSH specialists

OSH training represents a key component of the OSH system in Romania enabling the OSH practitioners (OSH experts, labour inspectors, workers’ representatives, trade-union members, etc.) to get the required knowledge and skills on the OSH area in terms of the legal institutional and regulation framework, risk assessment, workers’ safety and health, preventive measures, a multi-faceted approach to safety and health at work.

The legal provisions on the required training for the OSH specialists are stipulated by the Methodological Norms for the enforcement of the Law No. 319 on Safety and Health at Work approved by the Government Decision No. 1425/2006 ^[2], Chapter 3, Section 8, Art. 47 to 51.

In accordance with the Romanian law in force (Art. 47, the Methodological Norms for the enforcement of the Law No. 319/2006), the OSH training levels required for getting the necessary capabilities and skills to develop prevention and protection activities are as follows:

• Basic level OSH training
• Average level OSH training
• High level OSH training

Therefore, the basic level 'OSH' training as detailed by Art. 48 (the Methodological Norms for the enforcement of the Law No. 319/2006) consists of: 1. High school graduation in the theoretical or technical area; 2. OSH training course of a minimum duration of 40 hrs.; 3. Attestation: a diploma and a graduation certificate issued at the end of the basic level training stage.

The average level 'OSH' training is detailed by Art. 49 (the Methodological Norms for the enforcement of the Law No. 319/2006) and consists of: 1. Technical post – high school graduation; 2. OSH training course of a minimum duration of 80 hrs.; 3. Attestation: a diploma and a graduation certificate issued at the end of the average level training stage.

Similarly, the high level 'OSH' training is detailed at Art. 50 (the Methodological Norms for the enforcement of the Law No. 319/2006) as follows: 1. Technical university graduation; 2. OSH training course of a minimum duration of 80 hrs.; 3. graduation of a post – university risk assessment course of a minimum duration of 180 hrs.; 4. Attestation: a diploma and graduation certificates for the OSH training stage and the post-university risk assessment course previously mentioned.

The contents of the OSH training courses corresponding to each of the above OSH training levels is specified within Annex 6 to the Methodological Norms for the enforcement of the Law No. 319/2006 in terms of the topics approached, the volume of knowledge and information, the skills to be acquired at the end of the training stages.

The OSH training levels and courses specified within the Methodological Norms for the enforcement of the Law No. 319/2006 are compulsory for all categories of OSH specialists to conduct prevention and protection activities under the terms stipulated by the legislation in force addressing:

• Workers’ representatives designated by the employer, in charge with safety and health at work (the average OSH training level at least),
• Workers’ representatives from the Safety and Health Committees set up within the enterprises with minimum 50 employees and over (the average OSH training level at least),
• OSH experts from the internal and external OSH services (the high and/or average OSH training level)
• The head of the internal and external OSH services (the high OSH training level)

In addition, the OSH training courses provided at Art. 48 to 50 of the Methodological Norms for the enforcement of the Law No. 319/2006, Section 8, as part of the OSH training in Romania shall be delivered by authorized professional training providers, in accordance with the Government Ordinance No. 129/2000 approved by the Law No. 375/2002 on the adults’ professional training (amended).

In Romania, among the authorized OSH training providers one can mention:

• The National Research and Development Institute on Occupational Safety ‘Alexandru Darabont’ – INCDPM, the major OSH training provider at national level,
• The Romanian Association for Safety and Health at Work (ARSSM), particularly for OSH training on road safety and the transportation sector, ,
• Private OSH training providers on condition they are authorized under the terms provided by the legislation in force.

Some examples of OSH training courses provided by INCDPM (www.inpm.ro) are as follows:

• Basic and average level OSH training for labour inspectors on safety and health at work and safety at work respectively,
• Average and high level OSH training for Safety and Health at Work Co-ordinators,
• High level OSH training for Auditors of the OSH Management System
• High level OSH training for Managers of the OSH Management System
• High level OSH training for Managers of the Environmental Management System
• Workplace Risk Assessment
• Work at Height training – the use of adequate personal protective equipment
• Electrical Risks Prevention – Good Practice examples
• Psychosocial Risks in Constructions
• Determination of Noise and Vibrations at the Workplace and Prevention Measures
• Respiratory Protection. The Use and Maintenance of Personal Protective Equipment, etc.

Other vocational training

All institutes in the national OSH infrastructure organize various forms of training such as seminars, workshops, information sessions for the OSH area members (e.g. the Government through the Direction for Safety and Health at Work of the Ministry of Labour, Family, Social Protection and Elderly, the Labour Inspection, the professional associations, the external OSH services and others).

Awareness raising networks

The Focal Point for 'Romania' of the European Agency for Safety and Health at Work (EU-OSHA) ^[40] is one of the key factors as regards the awareness raising actions on OSH at the economy and societal level. It constitutes the interface between the Romanian major OSH institutions and social partners, and the EU OSHA, thus ensuring a two-way dissemination of OSH relevant information.

In Romania, almost all the actors of the national OSH system develop a series of activities such as OSH information sessions, collection and dissemination of information on OSH, seminars, training courses, workshops, conferences aiming at awareness raising on the workplace related risks.

The Romanian Focal Point is hosted by the National Research & Development Institute on Occupational Safety ‘Alexandru Darabont’ – INCDPM and develops a close collaboration with all the actors of the national OSH system.

The Focal Point of the European Agency for Safety and Health at Work (EU-OSHA) for Romania manages the national OSH network constituted of the social partners’ representatives (e.g. government representatives from the Ministry of Labour, Family, Social Protection and Elderly, the Ministry of Health and the Labour Inspection respectively, employer and employee organizations’ members, OSH experts from various R&D bodies, environmental and local authorities, OSH professionals from the companies).

The Focal Point carries out OSH information collection and dissemination at national/European level, develops the EU-OSHA campaign events (seminars, conferences, OSH information sessions, media training, press releases), provides advice in the OSH area for its stakeholders. They might be policy makers at national, European and sectoral level, employers, workers’ representatives, OSH professionals, OSH experts from the research community.

Irrespective of the stakeholder core groups mentioned above, the main goals of the Focal Point network reside in awareness raising on the workplace related risks from all the activity sectors, the creation of worker safety behaviour at the accomplishment of the work tasks, the development of an effective prevention culture through social dialogue at national level, safer and healthier workplaces.

The Focal Point manages a website that is hosting relevant information on the national OSH network and other OSH related data available at www.protectiamuncii.ro.

The access to the Focal Point website information is free of charge for all the interested visitors.

Specialized technical, medical and scientific institutions

Research institutes

The National Research & Development Institute on Occupational Safety ‘Alexandru Darabont’ INCDPM ^[35]

Apart of its steady role within the occupational safety and health prevention, the National Research & Development Institute on Occupational Safety ‘Alexandru Darabont’ INCDPM also constitutes the national OSH research body operating under the co-ordination of the Ministry of National Education as State Authority for Scientific Research, Technological Development and Innovation^[41], in conformity with the Government Decision No. 185 of 16 April 2013, and the Ministry of Labour, Family, Social Protection and Elderly as well.

INCDPM develops a series of fundamental and applicative research studies meant to the improvement of the safety and health at work in line with the EU directives provisions transposed within the national legislation in force. The topics addressed by INCDPM’s research work include: risk assessment, studies on the elimination/reduction of the major workplace related risk factors (chemical and biological risks, mechanical and physical risks, MSDs, psychosocial risks, ergonomics, etc.), personal protective equipment (PPE), certification of machines and PPE.

The research works INCDPM carries out also include the development of OSH research projects and programmes aiming at improving the working conditions within all the activity sectors.

INCDPM’s R&D studies contribute to a large extent to the elaboration and substantiation of the OSH policies drawn up at governmental level by the Ministry of Labour, Family, Social Protection and Elderly and the Ministry of National Education in collaboration with the social partners and the most significant OSH promoters at national level.

The National Research and Development Institute for Mining Safety and Protection Against Explosion - INCD INSEMEX Petrosani ^[37]

The institute carries out scientific research and specific prevention activities in the OSH and environmental area, under the joint co-ordination of the Ministry of Economy and the Ministry of National Education.

INSEMEX research activity particularly addresses the mining sector and the high risks the workers are exposed to within potentially explosive atmospheres.

The institute develops its activity in the OSH area related to the mining sector in close collaboration with the University of Petrosani that is having a long tradition of over 100 years in Romania. The University of Petrosani is a key OSH education promoter in the area through the organisation of OSH courses for the mining sector at academic level.

The National Scientific Research Institute for Labour and Social Protection (INCSMPS) ^[42]

The institute was set up in 1990 as R&D body under the co-ordination of the Ministry of Labour, Family, Social Protection and Elderly. The Governmental Decisions No. 1305/1996 and 1773/2004 establish its main objectives e.g.: carrying out research studies in the area of human resources management, employment and social protection; increasing the expertise in the labour and social protection area; integrating the institute activity within the main national and European R&D networks in the area. At present, INCSMPS develops its activity under the co-ordination of the Ministry of National Education as well (the Government Decision No. 185 of 16 April 2013).

Standardization bodies

The Romanian Standards Association (ASRO) ^[43]

ASRO represents the National Standardization Body that develops standardization activities in all the fields of the European and international standardization as member of ISO, IEC, CEN, CENELEC and ETSI.

ASRO is a non-profit private body of public interest authorized by the Government through the Law No. 355/2002. In Romania, ASRO is developing the standardization activity since 1928 when it was put in place for all the national economy sectors.

At present, ASRO operates through the representatives of all the economic sectors, the national authorities, the industry, R&D entities, the academic media, employer and employee organizations’ members, consumers’ associations, etc.

Institutions and organisations

Table 2: Key OSH actors in Romania

Source: Summary by the authors