Law 319/2006 – Labour  Safety Law

Law 307/2006 – Fire Defense Law

OMAI 163/2007 – General Fire Defense regulations

GD 355/2007 – workers’ health surveillance

GEO 195/2005 modified and completed by GEO 164/2008 – enacted by Law 226/2013 – Environmental




Duties of employers

Section 1 
General obligations on employers

Art. 6 – (1) The employer has the obligation to ensure the safety and health of workers in every aspect related to work.
(2) If an employer calls to external services, it is not relieved of its responsibilities in this area.

(3) The obligations of workers in health and safety at work does not affect the principle of employer responsibility.

Art. 7 – (1) Within its responsibilities, the employer shall take the necessary measures to:

a) ensuring the safety and health protection;

b) prevention of occupational risks;

c) informing and training employees;

d) providing the necessary resources and organizational safety and health.

(2) The employer shall adapt the measures referred to in paragraph follow. (1), taking account of changing conditions, and to improve existing situations.

(3) The employer shall implement the measures specified in paragraphs. (1) and (2) based on the following general principles of prevention:

a) avoiding risks;

b) evaluating the risks which can not be avoided;

c) combating the risks at source;

d) adapting the work to the individual, especially as regards the design of jobs, the choice of work equipment and methods of work and production, in order to reduce the monotony of work, work with predetermined rhythm and decrease their effects on health;

e) adapting to technical progress;

f) replacing the dangerous by what is not dangerous or is less dangerous;

g) developing a coherent overall prevention policy which will include technology, work organization, working conditions, social relationships and the influence of the work environment;
h) adopt, as a priority, to collective protective measures over individual protective measures;

i) giving appropriate instructions to the workers.

(4) Notwithstanding the other provisions of this Act, taking into account the nature of the activities of the enterprise and / or establishment, the employer shall:

a) assess the risks to health and safety, including the choice of work equipment, the chemical substances or preparations used and the layout of workplaces;

b) that, after evaluation pursuant to lit. a) and, if necessary, preventive measures and the working and production methods implemented by the employer to ensure safety and improve the level of health protection and be integrated in the overall business and / or establishment and at all levels relationships;

c) to consider the worker’s capabilities as regards health and safety at work, when you entrust the task;

d) ensure that the planning and introduction of new technologies undergo consultation with workers and / or their representatives regarding worker health and safety consequences caused by the choice of equipment, work conditions and environment;

e) take appropriate measures to ensure that, in specific high-risk areas and access is permitted only workers who have received appropriate instructions have learned.

(5) Without prejudice to the other provisions of this law, when in the same job workers work from several companies and / or units, their employers have the following obligations:

a) to cooperate in order to implement the provisions on health, safety and hygiene at work, taking into account the nature of activities;

b) to coordinate their actions in order to protect workers and the prevention of occupational risks, taking into account the nature of activities;

c) inform the other occupational hazards;

d) inform the workers and / or their representatives about occupational risks.

(6) The measures on health, safety and hygiene at work should not behave in any situation financial obligations to workers.




Section 6 of
Obligations of the administrator, the head of institution, user and employee

Article 19

Administrator or manager of the institution, if applicable, has the following main duties:

a) to establish, by written arrangements and organizational responsibilities for fire protection in its unity, update them whenever changes occur and bring them to the employee, and any interested users;

b) ensure the identification and assessment of risks of fire in his unit and ensure fire safety measures correlate with the nature and level of risks;

c) to apply for and obtain permits and authorizations fire safety provided by law, and to ensure that the conditions that led to the issuance thereof, in case of cancellation of permits or authorizations, order immediate cessation of construction or operation is stopped construction or development or use in question;

d) allow, under the law, enforcement inspections and fire prevention inspections, submit documents and information required and will not hinder or obstruct in any way their performance;

e) to allow water supply special vehicles for emergency response;

f) prepare, update and transmit inspectorate permanent list of dangerous substances classified under the law, used to work in any form, with mention of: physico-chemical properties, identification codes, the risks posed to health and medium recommended protective equipment, methods of intervention and first aid, fire fighting substances, neutralizing or decontamination;

g) develop fire safety instructions and determine the attributions employees at the workplace;

h) to verify that employees know and follow the instructions for fire protection measures and to verify compliance with those measures appropriate warning signs reported by outsiders who have access to the unit;

i) ensure the establishment, according to art. 12 para. (2), with the inspectorate, a private emergency service and its operation according to regulations or to enter into a contract with another private emergency service volunteer or able to intervene and effective firefighting force;

j) ensure the preparation and updating of plans and the conditions for their application at any time;

k) to allow, upon request, access inspectorate forces in unity for the purpose of recognition or training and participate in exercises and tactical intervention organized by;

l) to ensure the use, verification, maintenance and repair of fire protection personnel certified according to instructions provided by the designer;

m) ensure the preparation and training of emergency service intervention;

n) provide and make available free of charge to the rescue forces called technical means for fire protection and protective equipment specific risks arising from the existence and operation of his unit, and the cure and medicines for first aid;

a) establish and submit to carriers, distributors and users of its rules and fire safety measures specific to their risks related to the use, handling, transport and storage products;

p) immediately inform, by any means, the inspectorate about the outbreak and fire with their own forces and means of any fire, and within 3 working days to complete and submit its report to the intervention;

q) use his unit only technical means of protection against fire, certified according to law;

r) to perform any other duties prescribed by law for fire protection.

Article 20

Individuals, family associations or legal persons which are part of the same building must work together to fulfill their obligations of this law, to ensure fire safety measures for the entire building.

Article 21

The user has the following main duties:

a) to know and observe fire safety measures set by the administrator in charge, owner, manufacturer or importer, if applicable;

b) to maintain and use for the purpose for which they were made, facilities for fire protection provided by the administrator in charge, owner, manufacturer or importer;

c) comply with fire safety regulations, specific activities that they organize or carry them;

d) not to make unauthorized changes without the written consent of the owner of the original designer of the building, plant, equipment, device or means of transport or of a technical expert certified according to law;

e) to inform the administrator, manager or owner of the institution, if applicable, any technical malfunction or other situation that constitutes a fire hazard.




Article 17
Documents on fire protection authority issued by the economic operator manager / head of the institution are:
a) provision for the establishment of the organization and responsibilities for fire protection;
b) fire safety instructions and duties of employees in the workplace;
c) provision for the regulation of working with open flames and smoking;
d) provision of staff training organization;
e) provide for the establishment of private emergency service or contract / agreement with another private service for emergency situations;
f) provision to stop the construction work / stop operation or use of construction / development, if cancellation notice / approval of fire safety;
g) rules and fire safety measures in the use, handling, transport and storage of dangerous substances specific to its products;
h) agreements / contracts including side responsibilities of defense against fire line when transmitting temporary right to use immovable property / contract;
i) provide for the appointment of staff to the technical or specialized fire defense responsibilities under the law;
j) measures for protection against fire hot or dry periods.
Article 18
Documents and records of specific defense against fire operators / institutions referred to in art. 5 letter. c) must include at least:
a) plan and hedging analysis of administrative-territorial unit in which the economic operator returns / institution;
b) objective statement, according to the model in Annex. 5 Rules of planning, organizing, training and prevention of work emergencies, approved by Ministry of Administration and Interior no. 1.474/2006, published in the Official Gazette of Romania, Part I, no. 885 of 31 October 2006, a copy of the statement sent to the Inspectorate lens / Bucharest emergency;
c) the annual assessment of the fire safety;
d) the technical documentation specified by law: fire safety scenarios, identify and analyze the risks of fire, etc..;
e) opinions / authorizations fire safety, accompanied by the documents referred to unchanging which were the basis of their issue;
f) EC certificates, certificates of conformity, technical agreements for technical fire protection and appropriate protective equipment used;
g) records detection systems / signaling / firefighting, copies of certificates of companies that performed / carried out the design, installation, verification, maintenance, repair them or performing services in the field;
h) permits track record for working with fire;
i) details of staff in private service for emergency situations, according to performance criteria;
j) list of operators / institutions that rental contracts / agreements, specifying their scope of work and the number and validity of the contract;
k) Plans for fire protection;
l) evacuation drills track personnel / building users;
m) track exercise intervention performed with their performance of the attached conclusions;
n) intervention reports private emergency service;
a) training records, according to relevant regulations;
p) list of dangerous substances classified under the law;
q) Maintenance and inspection schedules, according to the manufacturer / supplier for various types of machinery, plants and systems that can cause fires or to be used in case of fire;
r) reports after their preventive controls or competent State authority;
s) / programs containing measures and action plans resulting from the findings own or control authority for compliance with regulations.
Article 19
Documents and records specific fire protection shall be updated by those who have drafted and approved, if:
a) there have been changes to the technical regulations and normative acts that led to the issuance of licenses;
b) there were changes in staff responsibilities set accordingly;
c) there were changes on the construction, installation or specific activity.
Article 20
(1) The provisions of art. 17 and 18 shall apply to traders and institutions with a number of employees at least equal to that provided by law for small businesses.




Duties of employers

Art. 5 – (1) The employer shall be in possession of an assessment of risk to workers’ health.
(2) The health risk assessment is updated if there have been significant changes which could render be exceeded or when the results of health surveillance require.
Art. 6 – Employers in every field of activity, both public sector and private sector are required to comply with regulations on workers’ health surveillance.
Article 7. – Employers are required to provide funds and conditions of performing all necessary preventive health services for the surveillance of workers’ health, they are not involved in any way in the costs of medical monitoring specific occupational risk prevention.



Article 3

Principles and strategic elements underlying this ordinance are:

a) the principle of integrating environmental requirements into other sectoral policies;

b) the precautionary principle in decision making;

c) the principle of preventive action;

d) principle of retention of pollutants at source;

e) the polluter pays “;

f) the principle of conservation of biodiversity and natural ecosystems specific biogeographic framework;

g) the sustainable use of natural resources;

h) information and public participation in decision making and access to justice in environmental matters;

i) development of international cooperation for environmental protection.


Article 29

Waste management is carried out in terms of protection of human health and the environment and is subject to the provisions of this ordinance and the specific legislation in force.

Article 30

Control of waste management lies with public authorities responsible for environmental protection and other authorities with competence established by law.

Article 31

Local authorities and natural or legal persons engaged in waste management have responsibilities and obligations in accordance with the provisions of this ordinance and specific waste management.

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