What responsibilities does the employer have in terms of safety and health of his employees and workspace - Your strategic HR partner - Smartree

What responsibilities does the employer have in terms of safety and health of his employees and workspace

The Role of Employers in Ensuring Occupational Health and Safety

The hiring process entails several responsibilities for the employer, one of which pertains to ensuring the health and safety of employees at work. The first step in complying with occupational health and safety regulations involves the mandatory training of employees and ensuring their insurance against work accidents and occupational diseases.

For companies with more than 50 employees, in addition to these general rules, employers have additional obligations.

In Romania, according to the Labor Code, the employer is obligated to ensure the safety and health of their employees in all aspects related to work. Thus, according to Article 177, the employer must take necessary measures to protect the safety and health of their employees, including activities for preventing occupational risks, providing information and training, and implementing the organization of work protection and the necessary means for this purpose.

General Principles of Prevention

When implementing measures to protect the safety and health of employees, the employer must consider the following general principles of prevention:

a) Avoiding risks;
b) Evaluating risks that cannot be avoided;
c) Combating risks at their source;
d) Adapting work to the individual, especially concerning workplace design and the choice of work equipment and methods, aiming to mitigate monotonous and repetitive work, as well as reducing their health effects;
e) Keeping up with technical progress;
f) Replacing dangerous elements with non-dangerous or less dangerous ones;
g) Planning prevention measures;
h) Giving priority to collective protection measures over individual protection measures;
i) Providing appropriate instructions to employees.

Employer’s Responsibility for Organizing Health and Safety Activities

According to Article 178 of the Labor Code, the employer is responsible for organizing health and safety activities at work. Additionally, the employer must include health and safety rules in the internal regulations. Lastly, the employer must consult with the union or employee representatives, as well as the health and safety committee, when developing health and safety measures.

Insurance for Work Accidents and Occupational Diseases

The employer is required to insure all employees against the risk of work accidents and occupational diseases, according to the law.

Mandatory Employee Training

Another major responsibility of the employer is to organize health and safety training for their employees. This training is conducted periodically through specific methods agreed upon by the employer, the health and safety committee, and the union or employee representatives.

Training is mandatory for new employees, those changing jobs or tasks, and those resuming work after an interruption of more than six months. In all these cases, training must be completed before starting work. Training is also mandatory when there are changes in relevant legislation.

Ensuring Employee Safety and Health

Employers must ensure that workplaces are organized to guarantee the safety and health of employees. They are responsible for the continuous monitoring of the condition of materials, equipment, and substances used in the work process to ensure employee health and safety.

Additionally, the employer is responsible for ensuring first aid conditions in case of work accidents, creating conditions to prevent fires, and for evacuating employees in special situations and in cases of imminent danger.

Establishing the Health and Safety Committee

According to the Labor Code, every employer, including public, private, cooperative, and foreign-capital entities operating in Romania, must establish a health and safety committee to ensure employee involvement in developing and implementing work protection decisions. This committee is required for employers with at least 50 employees.

If working conditions are severe, harmful, or dangerous, a labor inspector may require the establishment of these committees for employers with fewer than 50 employees. If the activity is carried out in geographically dispersed units, multiple health and safety committees can be established, with their number determined by the applicable collective labor agreement.

The health and safety committee coordinates safety and health measures for activities that are temporary and last longer than three months. If a committee is not required, its specific responsibilities are carried out by the work protection officer appointed by the employer. The composition, specific duties, and functioning of the health and safety committee are regulated by government decree.

Mandatory Occupational Health Services

Employers are obligated to provide employees with access to occupational health services. These services can be autonomous, organized by the employer, or provided by an employer association.

The occupational health physician, certified in their profession according to the law, holds a work contract with the employer or an employer association and is independent in exercising their profession. The main tasks of the occupational health physician include:

a) Preventing work accidents and occupational diseases;
b) Monitoring hygiene and health conditions at work;
c) Conducting medical examinations for employees at hiring and during the execution of the individual labor contract.

The occupational health physician may propose changes to an employee’s workplace or job based on their health condition. The occupational health physician is an ex officio member of the health and safety committee.

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