Abstract
This paper presents some specific aspects regarding criminal liability in case of infringement of the rules on occupational safety and health (OSH) and the occurrence of work accidents, referring to the object and subject of the offense according to the provisions of articles 349 and 350 of Law no. 286/2009 and of Law no. 319/2006. There are determined the active and the passive subjects involved in the occurrence of events, as well as their duties and obligations in terms of safety and health at work. Personal considerations were formulated regarding the classification of the employed staff in the category of active subjects, but also regarding the need for urgent clarification of the situation of the day workers who perform activities under Law no. 52/2011 and who can be involved in work accidents with different degrees of seriousness produced within the company.
Highlights
Legal liability is one of the fundamental institutions of law
2 Criminal liability in case of infringement of the rules on safety and health at work and the occurrence of accidents at work. This criminal liability is regulated by Title VII – Offenses against Public Safety, Chapter IV – Primary offenses related to the regime established for other activities regulated by the law, Art. 349 – Failure to take the legal measures on safety and health at work, of Law no. 286/17.07.2009, on the Criminal Code of Romania (CCR) [1]
Offenses regarding occupational safety and health (OSH) are not material [2], there are authors who consider the body of the person suffering from a work accident or an occupational disease as being a material object
Summary
Legal liability is one of the fundamental institutions of law. The forms of legal liability are determined by: the type of the legal norm that is violated, the degree of social danger of the illicit deed, the perpetrator's fault and the social values affected. For infringing the rules on occupational safety and health (OSH) and the occurrence of accidents at work, the guilty persons (natural or legal) shall bear the same types of liability. The content of the offenses does not refer to the outcome, and the state of danger is deduced from the deed itself This criminal liability is regulated by Title VII – Offenses against Public Safety, Chapter IV – Primary offenses related to the regime established for other activities regulated by the law, Art. 349 – Failure to take the legal measures on safety and health at work, of Law no. Offenses regarding OSH are not material [2], there are authors who consider the body of the person suffering from a work accident or an occupational disease as being a material object. The subjects of an offense can be: persons involved in committing them – active subjects and persons who suffer the consequences – passive subjects
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