Romania: Health and safety
Failure to comply with mandatory health and safety measures at work in Romania can result in criminal liability for employers, beyond civil and administrative consequences.
Criminal Offences
The Romanian Criminal Code establishes two key offences: failure to implement mandatory health and safety measures (Article 349) and failure to observe such measures (Article 350). These are governed by Law no. 319/2006 on Safety and Health at Work.
Required Conditions for Criminal Liability
Courts assess several conditions to determine if non-compliance constitutes a criminal offence:
- The first offence requires the person had a duty to implement employee safety measures
- The second offence applies to any person within an employment relationship
- The victim must be an employee (excluding household workers)
- Non-compliance must create “imminent danger of a labour accident or an occupational disease”
- Mere omission without imminent danger does not constitute a criminal offence
- Direct causation must exist between the employer’s action or inaction and the dangerous result
- The outcome cannot be attributable to external factors like construction flaws or third-party intervention
Penalties
Individuals face imprisonment from six months to three years or fines. Companies face fines ranging from approximately 2,600 to 260,000 EUR, with optional accessory penalties including activity suspension (three months to three years) or division closure.
If offences result in manslaughter, courts apply concurrent penalties combining the health and safety violation with the manslaughter charge.
Additional Consequences
Labour inspectors may request company deregistration following repeated severe breaches under Law no. 108/1999.
Employer Recommendations
Employers should implement all mandatory measures, provide written instructions, supervise compliance, and clearly designate individuals responsible for health and safety duties in corporate and employment documents.