CHAPTER I - General rules
Art. 171. - (1) Repealed.*)
(2) An employer shall be under the obligation to ensure the employees' safety and health in all work-related respects.
(3) If an employer resorts to outside persons or services, this shall not exonerate him/her from liability in this domain.
(4) The employees' obligations as regards labour safety and health may not affect the employer's liability.
(5) The steps concerning labour safety and health shall, by no means, cause financial obligations to the employees.
Art. 172. - (1) The provisions of the present title shall be completed by the provisions of the special law, the applicable collective labour contracts, as well as the labour safety standards and regulations.
(2) The labour safety standards and regulations may set forth:
a) general labour safety steps for preventing labour accidents and occupational diseases, applicable to all employers;
b) labour safety steps typical of certain professions or activities;
c) typical safety steps applicable to certain categories of personnel;
d) provisions concerning the organisation and operation of special bodies ensuring labour safety and health.
Art. 173. - (1) Within his/her own responsibilities, an employer shall take all the necessary steps with a view to protecting the safety and health of employees, including the activities of occupational risks prevention, intraining and training, as well as implementing the organisation of labour safety and the necessary means for this purpose.
(2) In adopting and implementing the steps stipulated under paragraph (1), the following general prevention principles shall be taken into consideration:
a) preventing risks;
b) assessing risks which cannot be avoided;
c) source control of risks;
d) adjusting work to each person, especially as regards the design of work places and the choice of work and production equipment and methods, with special emphasis on the reduction of the monotonous work and repetitive work, as well as the reduction of their effects on health;
e) taking into consideration technical evolution;
f) replacing dangerous items with safe or less dangerous ones;
g) planning the prevention;
h) adopting collective safety steps having priority over the individual safety steps;
i) informing the employees about the adequate instructions.
Art. 174. - (1) The employer shall be responsible for the organisation of the labour health and safety activity.
(2) The internal regulations shall stipulate, in a mandatory manner, rules for labour safety and health.
(3) In drawing up the labour safety and health steps, the employer shall consult the trade union or, as applicable, the employees' representatives, as well as the labour safety and health committee.
Art. 175. - The employer shall provide all the employees with insurance for risks of labour accidents and occupational diseases, under the law.
Art. 176. - (1) The employer shall organise the instruction of his/her employees in the field of labour safety and health.
(2) The instruction shall be periodical, using specific means mutually agreed upon by the employer together with the labour safety and health committee and the trade union or, as applicable, the employees' representatives.
(3) The instruction stipulated under paragraph (2) shall be mandatory in the case of new employees, those who change jobs or the kind of work, and those who resume activity after an interruption exceeding 6 months. In all these cases, the instruction shall be carried out before the actual commencement of work.
(4) The instruction shall also be mandatory if amendments to the applicable legislation occur.
Art. 177. - (1) Work places shall be organised so as to guarantee employee safety and health.
(2) The employer shall have to organise a permanent control of the condition of materials, equipment, and substances used in the work process, with a view to protecting employee health and safety.
(3) The employer shall be liable for ensuring the conditions for providing the first aid in the event of labour accidents, for creating fire prevention conditions, as well as for evacuating the employees under special conditions and in the event of an imminent danger.
Art. 178. - (1) To ensure labour safety and health, the institution authorised by the law may order the limitation or prohibition of manufacturing, selling, importing, or using under any title substances and preparations which are hazardous to the employees.
(2) Based on the approval by the labour medicine doctor, the labour inspector may oblige the employer to request the competent bodies to perform, against a charge, tests and examinations of products, substances, or preparations which are deemed to be hazardous, in order to know their composition and the effects they could have on human body.
CHAPTER II - Labour safety and health committee
Art. 179. - (1) At the level of each employer, a labour safety and health committee shall be established for the purpose of making sure the employees are involved in drawing up and implementing labour safety decisions.
(2) The labour safety and health committee shall be established from amongst the legal entities in the public, private, and co-operative sectors, including those having foreign capital, which carry out activities on the Romanian territory.
Art. 180. - (1) The labour safety and health committee shall be organised with employers who are legal entities and have at least 50 employees.
(2) If work conditions are difficult, harmful or dangerous, a labour inspector may request such committees to be established even for employers who have less than 50 employees.
(3) If activity takes place in units spread out in the territory, several labour safety and health committees may be established. Their number shall be decided in the applicable collective labour contract.
(4) The labour safety and health committee shall also co-ordinate the labour safety and health measures as far as activities which take place on a temporary basis are concerned, for a duration exceeding 3 months.
(5) If the establishment of a labour safety and health committee does not prove to be necessary, the person in charge of labour safety appointed by the employer shall carry out the typical duties of such committee.
Art. 181. - The composition, responsibilities, and functioning of the labour safety and health committee shall be regulated by order of the minister of labour and social security.
CHAPTER III - Employees' protection by means of medical services
Art. 182. - Employers shall make sure their employees have access to the medical service of labour medicine.
Art. 183. - (1) The medical service of labour medicine may be an autonomous service organised by the employer or a service provided by an employers' organisation.
(2) The length of the work performed by a labour medicine doctor shall be calculated depending on the number of employees of that employer, under the law.
Art. 184. - (1) The labour medicine doctor shall be an employee, certified in his/her profession under the law, and a holder of a labour contract concluded with an employer or an employers' organisation.
(2) The labour medicine doctor shall be independent in exercising his/her profession.
Art. 185. - (1) The main duties of a labour medicine doctor shall consist of:
a) preventing work accidents and occupational diseases;
b) actually monitoring labour hygiene and health standards;
c) performing employees' medical check both when they commence employment and throughout the execution of their individual labour contracts.
(2) With a view to accomplishing his/her duties, a labour medicine doctor may suggest the employer to change the work place or the kind of work for certain employees, considering their health condition.
(3) A labour medicine doctor shall be a rightful member of the labour safety and health committee.
Art. 186. - (1) The labour medicine doctor shall set up, each year, an activity programme aimed at improving the work environment as far as labour health is concerned for each employer.
(2) The elements of such a programme shall be typical of each employer and subject to approval by the labour safety and health committee.
Art. 187. - A special law shall regulate the typical powers, how activity is organised, control bodies, as well as the typical professional statutes of labour medicine doctors.
