Health and Safety at Work - a Fundamental Right of All Participants in the Labor Process

By Ciobănică, Mihaela-Lavinia | Economics, Management and Financial Markets, June 2017 | Go to article overview

Health and Safety at Work - a Fundamental Right of All Participants in the Labor Process


Ciobănică, Mihaela-Lavinia, Economics, Management and Financial Markets


1.Introduction

Law no. 319/2006 regarding the enforcement of health safety measures at work applies in all sectors, both public and private, to employers, workers and their representatives (Article 3).

In this law (Article 5) it is stipulated that:

· The worker is a person employed by an employer, including students, students for the period of internship and apprenticeships and other participants at the working process, except those engaged in domestic activities;

· The employer is a natural person or legal entity who is into a service or employment relationship with the worker and has responsibility for the enterprise and / or establishment;

· The other participants in the labor process are persons who are in the enterprise and / or establishment with the employer's permission, during the period of prior testing of professional skills for employment, persons engaged in community service activities or voluntary activities as well as unemployed persons while participating in a training course, and people who do not have a written individual employment contract in writing and for whom the con- tractual provisions and services provided can be proven by any other means of proof;

· The workers ' representative with specific responsibility for the workers ' health and safety is the person elected, selected or appointed by the workers to represent them in matters concerning the protection of the workers' health and safety at work;

· The internship training consists of applicative training, specific to the trade or specialty for which pupils, students, apprentices as well as the unemployed during retraining period are studying.

2.Rules Regulating Health and Safety at Work

Health and safety at work is regulated by:

* Article 41, paragraph 2 of the Constitution;

* the Labor Code;

* Law no. 319/2006 on health and safety at work - special law setting out the general principles on prevention of occupational hazards, health and safety of workers, elimination of risk factors and injury, consultation, balanced participation by law, training of workers and their representatives, and general directions for implementation of these principles (Article 1, paragraph 2);

* Law no. 346/2002, amended, on insurance for work accidents and occupational diseases;

* Law no. 418/2004 on the specific professional status of the physician in occupational medicine;

* Law no. 263/2010 on the unitary public pension with subsequent amendments.

The provisions governing health and safety at work are established both by employers in their own instructions and by internal rules.

An important role in regulating health and safety at work is played by the Collective labor agreement at national level. In Chapter 3, the agreement contains working conditions and labor protection and also individual contracts, which according to Article 17, paragraph 2, letter e, of the Labor Code should contain clauses on job-specific risks (Ţiclea, 2007: 167).

In the European Union a directive of general application has been issued - Framework Directive 89/391 of 12 June 1989 - containing the provisions of Article 137 of the Treaty Establishing the European Community. The Treaty introduces the obligation for the Member States to promote the improving of the working environment in order to protect workers' health and safety, whether they are employed in the public sector (except the army and the police), or in the private sector.

The directive in question refers to the prevention and elimination of risk factors and accidents at work.

3.Principles of Health and Safety at Work

The specific principles that characterize health and safety at work and that are highlighted by its regulation are:

· Health and safety at work - issue of general interest;

· Indissoluble connection between the right to employment and health and safety at work;

· Integrating health and safety in work processes;

· The preventive nature of health and safety at work;

· Implementation of measures of health and safety at work - employers' obligation. …

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