Professional Documents
Culture Documents
Summary
Yes No Applied?
- identification and determination of occupational hazards ? x x
- prohibition, limitation or other means of reducing exposure? x x
- assessment of risks ? x x
- prohibition or limitation of the use of hazardous processes, x x
machinery, substances etc.?
- specification of occupational exposure limits ? x x
-surveillance and monitoring of the working environment ? x x
- notification of hazardous work and related authorization and x x
licensing requirements ?
- classification and labeling of hazardous substances? x x
- provision of data sheets ? x x
- provision of personal protective equipment ? x x
- safe methods for handling and disposal of hazardous waste ? x x
- working time arrangements ? x x
- adaptation of work installations, machinery, equipment and x sometimes
processes to the capacities of workers (ergonomic factors)?
- design, construction, layout, maintenance of work places and x x
installations ?
- provision of adequate welfare facilities ? x sometimes
5
2.2. Summary
7
STEPS IN THE OSH INSPECTION PROCESS
PLANNING INSPECTION VISIT FOLLOW UP ACTIVITIES
Choice of Preliminary Inspection Completion of Inspection Monitor the Completion of the
the unit to activities performance inspection visit coordination application of inspection process
be inspected requirements
the labour the labour the labour inspector the labour inspector the labour the labour inspector the labour inspector
inspector inspector plans contacts the employer concludes the inspector registers the contacts the employer verifies if the
chooses the the inspection in or his/her inspection visit with an inspection documents if the local labour requirements have been
unit to be detail; respresentative. assessment of the as soon as possible; inspectorate does not met before the
checked Generally, an safety and health at receive an answer to completion of the
the labour the labour
taking into employer’s work state and the the report; inspection process;
inspector inspector addresses
account the representative shall be necessary activities to
verifies issues the inspection report the labour inspector the labour inspector
risks, present during the mentain the optimum
on the unit to be to his/her legal writes down the completes the
statistical inspection visit; conditions for the work
inspected in the employer; employer’s answer in inspection process
data, type of environment. The
data base; the labour inspector
the labour his/her register. This when he/she considers
industry and labour inspector
the labour contacts persons applies to a verbal that the requirements
then makes informs the employer inspector describes
having duties in the answer from the have been performed.
clear the aim inspector on the visit results; the findings clearly
labour protection area employer as well as to Generally, the
of the elaborates an and precisely and
inspection in the unit; generally, the labour inspector
settles clear a check made at a employer shall be
inspection;
they or other workers’ informs the employer further inspection; notified about it.
strategy; requirements for their
the labour representatives shall about the content of
the labour remedy; the labour inspector
inspector be present during the the inspection report or
the labour makes sure that when
gathers inspector inspection visit; about the possible
the deadline is
information notifies the continuation of the inspector clearly
from various inspection visit. the labour inspector investigations that specifies in the posponed at employer’s
decides if interpreters request, this is written
sources. Generally, the represented the object inspection report the
are necessary to carry in the register;
employer shall of inspection; legal provisions the
be notified out the inspection requirements are
visit;
beforehand based on with the
about the chapters and articles
inspection visit. involved and the
name of the legal act;
17
PLANNING INSPECTION VISIT FOLLOW UP ACTIVITIES
Choice of Preliminary Inspection Completion of Inspection Monitor the Completion of the
the unit to activities performance inspection visit coordination application of inspection process
be inspected requirements
The inspector the labour inspector the labour inspector the labour the labour inspector
mentiones the starts the visit by decides if the findings inspector demands in evaluates the quality of
names of presenting and need an immediate the inspection report the employer’s written
persons to explaining the aim and interdiction or that the local labour answer. Whenever the
participate in the plan of the inspection, notification of further inspectorate is requirements were not
inspection visit; as well as the interdiction; notified up to a met or were partially
the labour estimated duration of the labour inspector certain date about the met, the labour
inspector takes it; decides whether fines measures which are inspector shall notify
adopted and/or the employer about the
the documents can be applied or the
the labour inspector
planed in order to action in court.
and forms that makes sure that the findings represent
remedy the findings
are necessary in legal name of the infringements and law
and answer the
the course of the employer or the one to must be applied. The
requirements;
inspection visit. be checked is labour inspector
correctly and informs the employer the labour
completely written in about the continuation inspector makes sure
the inspection of the process; the report includes
documents; the time of the
the labour inspector
inspection, the name
the labour inspector decides if requirements
shall obey the norms during inspection must of those involved and
their position;
of labour protection be drawn. Such
inforced in the unit requirements must be the labour
and ask for personal in written form; inspector signs the
protective equipment the labour inspector report and registers it
in the work places to settles the deadlines in the local
be inspected; inspectorate archive;
the employer has to
comply with.
18
PLANNING INSPECTION VISIT FOLLOW UP ACTIVITIES
Choice of Preliminary Inspection Completion of Inspection Monitor the Completion of the
the unit to activities performance inspection visit coordination application of inspection process
be inspected requirements
the labour inspector the labour
offers information inspector sends the
materials related to inspection report as
regulation acts on soon as possible and
work environment of has the
the unit; acknowledgement of
the receipt;
the labour inspector
writes down the the labour
comments and inspector modifies
observations relevant the requirements of
for the completition of the report in written if
the inspection, new data occur that
including the make the initial
disorders that were requirements no
fixed during the longer adequate. The
inspection visit; labour inspector
informs the employer
the labour inspector
about such
writes down further
modifications in a
information that occur
written form.
after the inspection
visit.
19
3.2.3. Summary:
* Note: The total number of inspectors also includes the head inspectors.
* Note: The web page of the National Institute of Statistics does not include data on the salary of
private sector so the average salary used at substantiating the budget of state social insurance on
2007, according to Law no. 487/2006 was taken into consideration.
20
3.3.2. Summary of key activities
Does the employer have the responsibility to: Provided for in Generally taken
law? (yes/no) up in practice ?
(yes/no/sometimes)
- establish an OSH policy ? Yes, L 319/2006 sometimes
- implement preventive and protective measures ? Yes, L 319/2006 yes
- provide safe machinery and equipment ? Yes, L 319/2006 yes
- use non-hazardous substances ? Yes, L 319/2006 yes
- assess risks and monitor them ? Yes, L 319/2006 sometimes
- record risks and accidents ? Yes, L 319/2006 yes
- report occupational accidents and diseases to the Yes, L 319/2006 yes
competent authority ?
- ensure health surveillance of workers ? Yes, L 319/2006 yes
- inform workers on hazards and the means of Yes, L 319/2006 yes
protection ?
- consult with worker representatives on OSH ? Yes, L 319/2006 sometimes
- educate and train workers ? Yes, L 319/2006 yes
- establish joint OSH committees ? Yes, L 319/2006 yes
4.4.2. Summary of workers’ rights and duties
Do worker representatives have the right to: Provided for in Generally taken
law? (yes/no) up in practice?
(yes/no/sometimes)
- inspect the workplace for potential hazards ? Yes, L 319/2006 yes
- investigate the causes of accidents ? Yes, L 319/2006 yes
- investigate complaints by workers relating to OSH or Yes, L 319/2006 yes
welfare ?
- participate in risk assessments and access to Yes, L 319/2006 yes
information concerning risk assessments ?
- call the authorities responsible for OSH inspections? Yes, L 319/2006 sometimes
- participate in/submit observations to inspectors Yes, L 319/2006 sometimes
during inspection visits to the work site ?
- information given by inspection agencies responsible Yes, L 319/2006 yes
for OSH ?
- access to the list of accidents and diseases and Yes, L 319/2006 yes
reports of these in the enterprise ?
- access to records the employer is obliged to keep ? Yes, L 319/2006 yes
- receive information and consultation by the employer Yes, L 319/2006 yes
in advance concerning measures which may
substantially affect OSH ?
- consultation in advance concerning the designation Yes, L 319/2006 yes
of workers or hiring of external services or persons
with special responsibility for OSH ?
30
Do worker representatives have the right to: Provided for in Generally taken
law? (yes/no) up in practice?
(yes/no/sometimes)
- submit proposals to the employer with view to Yes, L 319/2006 yes
mitigating risks and/or removing sources of danger ?
- appropriate training during working hours ? Yes, L 319/2006 yes
- facilities and time off with no loss of pay to be able Yes, L 319/2006 yes
to carry out their duties as OSH representatives ?
- attend meetings of the OSH committee ? Yes, L 319/2006 yes
- access to outside experts ? Yes, L 319/2006 sometimes
- stop dangerous work on behalf of workers ? Yes, L 319/2006 yes
In recent years there have been several national campaigns to improve the level of prevention and
protection and of awareness among workers in various fields: construction, industry, etc. organized
by the Labour Inspection.
Each year in October the Safety and Health Week is coordinated by the European Agency on Safety
and Health at Work, through its Focal Point in Romania. The themes approached in the last years
were about musculo-skeletal disorders, ocupational risks in construction, noise as occupational risk,
work of the young people.
A theme of interest has been the elimination of hazardous child labour which has been dealt with in
various programs and activities aiming at rising awareness and responsibility of authorities,
employers and parents. Thus, Romania participates actively in the International Programme for the
Elimination of Child Labour.
The World Day of Safety and Health at Work is organized annually on 28 April by the Labour
Inspection with the participation of all social partners.
5.2. International capacity building, technical cooperation activities directly related to OSH
Romania has benefited from various international programmes in the area of heath and safety at
work. Several exemples of such projects in the area developed by the Labour Inspection are
presented below.
In the general context of Romania’s integration into European Union, the Labour Inspection has
benefited from the support of the European Commission to strengthen the administrative capacity in
the safety and health at work area.
Thus, during the years 2001-2002 the institution developed two PHARE projects of institutional
twinning with partners from France and Sweden.
31
The aim of such project was to strengthen the institutional capacity of labour inspection in order to
implement the communitary acquis in the safety and health at work area.
Improvement of the Labour Inspection management by training 45 public servants of the top
local and central management in a ten days’ course and by adopting the Policy on management
acting for Labour Inspection.
Alignment of principles and methods of inspection to the good practices of the Member States in
the European Union by:
- Testing the Swedish campaign model as method of inspection by organizing and developing A
pilot awareness campaignon the risks of exposure to wood dusts in the work environment. The
campaign was developed in 20 economic units of 5 counties – Neamt, Brasov, Valcea, Cluj and
Prahova. Thus, 20 labour inspectors were trained, a seminar of analysis for the registered results
was organized and the final report was distributed to the local labour inspectorates as a model of
good practice.
Elaboration of National Program of Training for Labour Inspectors in the Safety and Health at
Work Area, for the period 2002-2007. The development of this program was supported by the
Center of Professional Training for Labour Inspection – Botosani where there were trained 30
labour inspectors as trainers, who in their turn trained more than 400 labour inspectors within 6
training modules on: communication; physical, chemical, biological, ergonomic and psycho-
social risks; risk assessment; safety of machinery and systems of machinery.
Elaboration of a Guide of Good Practices Addressed to the Employer to Reduce the Exposure to
Harmful Chemical Agents at the Work Place (printed in 5,000 copies). The Guide was presented
to the labour inspectors at the training courses and was distributed to the employers by the labour
inspectors.
- Transposition in the General Norms of Labour Protection of the specific Directives of the
European Union on exposure to asbestos, noise, biological, carcinogen and chemical agents;
- Development of a pilot center in the health area as reference model for other similar institutions as
for its results.
32
Modification and completion of the General Norms of Labour Protection by transposing several
European Directives on chemical, carcinogenic, biological agents, asbestos and noise.
Elaboration of the document on the national policy of prevention in the safety and health at work
area by which the directions of action and strategy in the safety and health at work area for the
period 2002-2006 were settled.
- Organization of Information sessions in Iasi, Cluj and Bucharest with the participation of more
than 300 people (employers, safety and health at work representatives, occupational medicine
physicians, representatives of the employers’ organizations, trade unions, etc.) to whom the General
Norms of Labour Protection were presented in order to raise their awareness and increase the labour
inspectors ability to disseminate information.
Development of a Pilot center in the health area within the National Institute of Infectious
Diseases “Matei Bals” where a program for the improvement of work conditions for workers in
the health area had been experimented during 6 months. Starting from the experience
accumulated in the Pilot Center a National Plan of Action was elaborated to improve the work
conditions in the health area (approved by the minister of health and the minister of labour).
Training of 32 labour inspectors as trainers in the area of risks related to exposure to biological,
chemical, carcinogenic agents, asbestos and noise at the work place.
Elaboration of training modules that supported the National Training Program of labour
inspectors in the area of safety and health at work during the period 2002-2007.
During the period 2006-2007 the Labour Inspection has developed a new PHARE project of
institutional twinning RO/04/IB/SO-01 “Implementation of harmonized legislation in the area of
safety and health at work in small and medium enterprises”.
In order to support the small and medium enterprises in Romania to implement the national
legislation harmonized with the provisions of the European Directives in the safety and health at
work area, the Labour Inspection together with Agency for European Integration and Economic
Development of Austria has developed a project of institutional twinning starting on 1st March
2006 and continuing for a period of 21 months.
33
The general objective of the project is the awareness of employers and employees in the small and
medium enterprises about the importance of implementing the harmonized legislation in the safety
and health at work area that transposes the Directives of European Union.
The project benefits from the support of the Ministry of Labour, Social Solidarity and Family, local
labour inspectorates, National Agency for Small and Medium Enterprises and Cooperatives, Focal
Point of the European Agency for Safety and Helath at Work in Romania and other institutions.
The project envisages national legislation that transposes the European Directives on:
- encourage the improvements in the safety and health of workers at work (D 89/391/CEE)
Information actions to raise awareness of the employers and employees on the necessity to
comply with and implement the legal provisions in the safety and health at work area
(elaboration, printing and dissemination of informative materials, organization of ten information
sessions, development of 2 TV spots and 2 radio spots, improvement of the web page of Labour
Inspection);
Actions to strengthen the implementation of the harmonized legislation in the safety and health at
work area in 6 pilot centres of small and medium enterprises, which will become “model centers
of good practice in the area” and thus will be an example for other employers. Furthermore, an
“Assessement guide of occupational risks for small and medium enterprises” will be elaborated,
printed in 150,000 copies and disseminated to employers by labour inspectors. In order to extend
the experience of the 6 pilot centers “A national plan of action” will be elaborated and will be
presented for approval to the Ministry of Labour, Social Solidarity and Family and the National
Agency for Small and Medium Enterprises and Cooperatives and posted on the web page of
Labour Inspection and National Agency for Small and Medium Enterprises and Cooperatives.
Romania can benefit from the experience of other developed countries in Europe, which are more
experienced in the area of safety and health at work. Thus, the European and international programs
can help a lot in exchanging experience and ideas and implement the European legislation in the
34
area. At present, as member of the European Union, Romania has a better access to European funds
that can be used for further improvements.
The Law no. 319/2006 stipulates that any event shall be communicated to the employer by the
supervisor of the work place, and the employer has the obligation to notify the event to the local
labour inspectorate and to the insurer. The investigation of work accidents is compulsory and is
performed by the employer whenever the events resulted in temporary work incapacity, by local
labour inspectorates whenever the events resulted in invalidity or death, collective accidents,
dangerous incidents etc., by the Labour Inspection in case of collective accidents generated by special
events, such as exploxions or industrial failures.
As for occupational diseases they are investigated and recorded by the local authorities of public
health. The notification of occupational diseases is compulsory and is made by the physicians of the
local public health authority. The occupational acute intoxication is declared, investigated and
registered both as occupational disease and work accident.
There is a central system of data collection at the level of the Labour Inspection. The data are analysed
for a better definition of priorities and relevant information is disseminated by various means, i.e. an
information bulletin, mass media, website.
6.3. Indicators of working conditions
The most favorable conditions for safety and health at work activity are created in big companies
where a safety and health at work committee is set up for more than 50 employees and for more
than 150 employees an internal service of protection and prevention is set up or an external service
is contracted. For a big company which has a considerable financial force the cost-efficiency rate of
37
the implementation measures is higher. For exemple, the recommendations for adopting a new
technology and abandoning the old one that is polluting and non-ergonomic can completely
eliminate the contaminants and risks; on the contrary, conservative approach consists in simply
imposing the wear of personal protective equipment.
A strong financial company can have its own medical service, permanent surveillance of
employees’ health states, as well as plans and procedures of safety and health at work and even a
certified system of integrated management of quality-environment-safety and health at work.
According to present legislation there are three parallel subsystems for collecting data on health at
the work place manage by the Ministry of Public Health, Ministry o Labour, Social Solidarity and
Family and Local Directions of Public Health. The communication between the two involved
ministries is minimal, each of them having exclusiveness of data that result in breaking the
information.
7. Basic information
Romania is a republic in accordance with the Romanian Constitution adopted in 1991 and modified
in 2003. The regulation power is represented by bicameral parliament (Chamber of Deputies and
Senate) and the executive power is represented by the government led by a prime minister
appointed by the president of Romania. The president of Romania is elected by universal vote for a
5 year mandate.
The surface of Romania is 238,391 km² and the population is 21,673,328 (in 2004) inhabitants.
The capital is Bucharest having 1,927,559 inhabitants (in 2004).
Romania is devided into 42 counties (including the city of Bucharest) and the capital into six
sectors.
The official language is Romanian. Other spoken languages are: Hungarian, German, Russian,
Rromani.
Health
Statitic
s
Indicator Value Remarks
Life expectancy (years) at birth 71.32
Men 67.74
Women 75.06
Infant mortality per 1,000 live births 13.96
Standardised death rate (SDR), 721.9 Men
cardiovascular diseases, 0-64 747.0 Women
years/100,000
SDR, respiratory diseases, 0-64 80.8 Men
years/100,000 46.2 Women
SDR, cancer, 0-64 years/100,000 244.1 Men
163.8 Women
SDR, external causes of injury and 98.0 Men
poisoning, 0-64 years/100,000 28.0 Women
Total health expenditure (% of GDP)
Physicians per 1,000 population 2.22
Dentists per 1,000 population 0.46
Nurses per 1,000 population 5.61
Conclusions
The last 17 years in Romania meant a period of huge political, economic and social changes. This
transition period involved a lot of modifications, demands, attempts. The adherence process to the
European Union imposed the taking over of the Communitary legislation, which was transposed
almost completely in the safety and health at work area. The OSH policy has been one of the
priorities of the Romanian Government as the basis of progress and development resides in the
economic activity. Such activity is carried out by the active worker who has to be provided with a
safe, healthy and welfare environment.
The elaboration of the National Profile started with a survey which was conducted among all
stakeholders of OSH by sending the Terms of Reference for the National Profile to two Ministries,
several key social partner organizations, employers’ organizations and trade unions. The response
rate was high. Some difficulties were encountered with filling the summaries as some data were not
available.
Economic appraisal and economic aspects of occupational safety and health are considered
important in addition to the substantive aspects of safety and health. There is a positive economic
impact of good working conditions.
In general, the basic safety and health issues are relatively effectively managed and show a positive
trend.
The Ministry of Labour, Social Solidarity and Family has developed a general strategy in the safety
and health at work area which shows a permanent concern for the improvement of safety, health
and wellbeing of workers at work.
The rapid changes in all aspects of life in Romania after 1989 have brought about important and
radical changes in work life such as: fragmentation of enterprises, incontinuity of work contracts
and low coverage of occupational health services among small-scale enterprises and the self-
employed.
Romania is now a member of the European Union; important steps have been made in the area of
legislation as the Communitary aquis in the health and safety at work has been transposed entirely
into the Romanian legislation.