Legally required personnel protection equipment for persons involved in harvesting activities, use of safe felling and transport practice, establishment of protection zones around harvesting sites, and safety requirements to machinery used. Legally required safety requirements in relation to chemical usage. The health and safety requirements that shall be considered relate to operations in the forest (not office work, or other activities less related to actual forest operations). Risk relates to situations/areas where health and safety regulations are consistently violated to such a degree that puts the health and safety of forest workers at significant risk throughout forest operations.

Law no. 319/2006, on work health and safety:

http://legislatie.just.ro/Public/DetaliiDocument/73772

Government Decision no. 1425/2006, modified by HG no. 955/2010 and Government Decision no. 1242/2011, Standard Method for the implementation of Law no. 319/2006:

http://legislatie.just.ro/Public/DetaliiDocument/76337

Government Decision no. 1051/2006 on minimal requirements for work health and safety during the manual handling of volumes which present risks for workers, especially back injuries:

http://legislatie.just.ro/Public/DetaliiDocument/74429

Government Decision no. 1146/30.08.2006 on minimal requirements for health and safety for the use of work equipment by workers:

http://legislatie.just.ro/Public/DetaliiDocument/75585

Government Decision no. 1091/16.08.2006 on minimal requirements for health and safety in the workplace:

http://legislatie.just.ro/Public/DetaliiDocument/74708

Government Decision no. 971/26.07.2006 on minimal requirements for health and safety signalling in the workplace:

http://legislatie.just.ro/Public/DetaliiDocument/74127

Government Decision no. 1048/09.08.2006 on minimal requirements for health and safety for the use ofpersonal protective equipment by workers in the workplace:

http://legislatie.just.ro/Public/DetaliiDocument/74559

Government Decision no. 300 in 02/03/2006 on minimal requirements for health and safety on temporary or mobile sites:

http://legislatie.just.ro/Public/DetaliiDocument/69995

Government Decision no. 493 in 12/04/2006 on minimal requirements for health and safety related to the exposure of workers to noise risks:

http://legislatie.just.ro/Public/DetaliiDocument/71198

Order of the Ministry for Work, Social Solidarity and Family (MMSSF) no. 3/03.01.2007 for the approval of the Form for work accident recording – FIAM and of the instructions of filling in the form:

http://legislatie.just.ro/Public/DetaliiDocument/79176

Government Decision no. 355 in 11 April 2007 on the monitoring of workers’ health,

http://legislatie.just.ro/Public/DetaliiDocument/82130

Labour Inspection – Ministry of Labour, Family, and Social Protection

Identification and assessment of risk at work – Law 319, Art. 12 Lit. of
Instructions own safety and health at work
Training records in safety and health at work
Employment and periodic medical tests – Law 319, Art. 13, Lit. j
Prevention and protection plan

Government sources
itmnures.ro (N.Y): Tematica de Control Pentry Domeniul Exploatarilor Forestiere. Available at: http://www.itmmures.ro/Tematici%20de%20control%20in%20domeniile%20silvicultura,%20expl%20forestiere,%20taierea%20si%20rindeluirea%20lemnului.pdf [Accessed on 14 November 2016].

Inspectia Muncii (2013). Raport de activitate a Inspectiei Municii – 2013. Available at: http://www.inspectmun.ro/site/RAPORT%20ANUAL/Raport_2013/RaportIM_2013.pdf. [accessed on 14 November 2016].

Inspectia Muncii (2014): Accidente de Munca Inregistrate – 2014. Available at: http://www.inspectmun.ro/site/Statistici/statistici.html. [Accessed 14 November 2016].

Non-Government sources

N/A

Overview of Legal Requirements

Health and safety in forestry activities is monitored by the Labour Inspectorate. The Occupational Health and Safety Act sets out the requirements for work performed by employees and officials (hereinafter “employees”), the rights and obligations of employers and employees in creating and ensuring a working environment which is safe for health, the organisation of occupational health and safety in enterprises and at state level, the procedure for challenge proceedings, and the liability for violation of the occupational health and safety requirements.
According to the Labour Inspectorate’s report for 2013, the total number of work-related fatalities in that year was eleven (5.5% of all fatal accidents in Romania).

Description of risk

Notwithstanding the presence of a robust normative framework that, in theory, should safeguard workers, casual labour is a common phenomenon in Romania. Most of the H&S procedures are essentially theoretical and are not properly implemented in the field. Companies’ employees are sceptical of using protective equipment and are still not in the habit of using it. Machinery used in the forest sector is old, particularly forest tractors. Available data from the Labour Inspectorate for the forestry sector are scarce and their quality is low, but there is a common perception that forestry in Romania is moving towards better implementation of the law. Currently, however, the risk should be considered ‘specified’.

Risk conclusion

This indicator has been evaluated as specified risk. Identified laws are not upheld consistently by all entities and/or are often ignored, and/or are not enforced by relevant authorities.

Generic

  • All health and safety regulations shall be followed and all required safety equipment shall be used.
  • Occupational health and safety requirements shall be observed by all personnel involved in harvesting activities.
  • Interviews with staff and contractors shall confirm that legally required protection equipment is provided by the organisation and that its use is mandated.
  • All requirements on prevention of air and water pollution shall be followed and verified by monitoring pollution reports (when applicable).

Country Specific

  • Request the periodic labour control report (Conducted by the Labour Inspectorate and/or Forest district based on control visits). The Labour Inspectorate and/or Forest district notify the harvesting companies regarding the identified gaps in the implementation of health and Safety provisions.
  • Request report of the company on how the gaps has been addressed.