SEEU Review vol. 5 Nr. 2 (pdf) - South East European University

Eneida Sema (LL.M)
employer should take the necessary protective measures against special risks
posed by substances and toxic agents, vehicles, transport of heavy loads, air
pollution, noise and vibrancy, as well as risks in some branches of the
economy, such as construction, civil engineering, mining and chemical
industries.
Dangerous substances are those substances that in small concentration in
the air are toxic, disturbing, corrosive, flaming, explosive, carcinogenic and
teratogenic and mutagenic capable of causing death, injuries and mass fire at
work environments.
The employer is required to install distinct signals in each workplace that
poses a threat to life and health of employees.
When works pose particular risks, the employer should organize medical
visits for employment and in the course of employment, periodically and
under his own expenses.
Under Article 42 of the Code of Labor, special insurance measures and
protection of health are determined by Council of Ministers’ Decisions.
After the changes made to the law No 9125 dated July 29, 2003, the
employer must obtain permission from the inspector of work before his/her
company starts it activity (even partially), prior to opening of work
environment, and for every significant change in the work style, products
used, vehicles and equipment, according to a procedure established by a
decision of the Council of Ministers.
Under Article 41, protective measures set by the inspector of work should
not bring non proportional costs in relation to the purpose of the activity.
The title on the qualification of employees and undertaking of protective
measures by the employers, provides that the employer must inform
employees about the risks associated with the work and must qualify
employees to respect the requirements in the field of health, safety and
hygiene. Training and information are made during the employment and are
reiterated according to the relevant needs. The employer should explain the
necessity of implementation of technical safety measures and hygiene to
employees exposed to risks. Under Article 45 and 46, only qualified persons
may drive mechanical and electrical machinery and other transport
equipment.
In details, provisions of the Labor Code stipulate detailed measures about
the hygiene of work environments. Under these provisions, the workplace
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