We draw attention to the following aspects related to the obligation of employers to ensure the safety and health of employees in all aspects related to work (Labor Code – Title V, Chapter 1, art.175).
Law no. 319/2006 on occupational safety and health contains the following provisions regarding the obligation to assess risks:
- Article 7, para. 4, lit. a: The employer has the obligation to assess the risks for the safety and health of workers, including the choice of work equipment, substances or chemical preparations used and the arrangement of workplace.
- Article 12, para. 1, lit. a: The employer has the obligation to perform and be in possession of a risk assessment for occupational safety and health, including for those groups sensitive to specific risks
- Article 13, letter b: in order to ensure occupational safety and health conditions and to prevent accidents at work and occupational diseases, employers have the obligation to draw up a prevention and protection plan composed of technical, sanitary, organizational and other measures, based on risk assessment , which will apply according to the working conditions specific to the unit.
Moreover, G.D. no. 1425/2006 for the approval of the Methodological Norms for the application of the Law on safety and health at work no. 319/2006, in Art. 15, para. 1, point 1 specifies that first activity of prevention and protection carried out within the enterprise and / or unit is represented by the identification of hazards and risk assessment for each component of the respective executing work system, work tasks, work equipment and the work environment / positions.
The assessment of the risk of accident and occupational disease is a regulated procedure as mentioned above, as an integral part of the documentation related to Safety and Health at Work.
Evaluation and the prevention plan are dynamic documents which must be updated every time changes occur or new situations arise, related to Occupational Safety and Health that may affect the employer’s activity.
Thus, Order 874/81/2020 brought a series of clarifications regarding the above-mentioned assessment, in case of the risk of infection with SARS-CoV-2:
- the Occupational Safety and Health doctor makes the risk assessment;
- has the obligation to monitor the health of employees;
- will train employees in occupational safety and health
Our team of professional is available for any clarifications or additional details required in your analysis. The above information represents just a summary of aspects we consider relevant in the recently published legislation. This is not exhaustive disclosure of information and it is not intended to be used as advice on any particular matter. We invite all readers to contact us for further clarification of any specific issue. Argus Audit team and its associates disclaim liability in any action taken by a third party in reliance exclusively on summarized information presented in our publications.