Why do the psycho-social conditions in the field of mining require changes to occupational health and safety legislation?

Andrei-George Albulescu,Ioan Popescu,Mihai-Adrian Bernevig-Sava,Constantin Baciu,Costică Bejinariu

doi:10.1051/matecconf/202030500091

Andrei-George Albulescu, Ioan Popescu + Show 3 more

Open Access

https://doi.org/10.1051/matecconf/202030500091

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Abstract

In 2019, 13 years have passed since the adoption of Law no. 319/2006 on Safety and Health at Work. Analysing the conditions of its application, there is a clear need to change, to correct some structural deficiencies and to reformulate various terms and definitions. The „ad literam” translation of the Council Directive 89/391/EEC has led to the forced introduction of some terms (e.g. designated worker, external service, light accident) or the ambiguous formulation of some requirements (e.g.: the situations in which the employer resorts to external services). The authors formulate proposals that will lead to the improvement of mining activities: - the obligation to undergo psychological examination, upon hiring and periodically, as a result of intensification of the general stress conditions and the effects of the special activities conducted underground; - determining the number of specialists in the field of occupational safety and health, depending on the number of employees in the respective enterprise; - the investigation of all work related accidents by the Territorial Labour Inspectorates, respectively the Labour Inspectorate, in order to avoid the conflict of interests during their investigation and to have a correct record of them, including in the mining activities.

Highlights

In October 2019, 13 years have passed since the adoption of Law no. 319/2006 on Safety and Health at Work
The incorrect formulation of some definitions, terms and/or expressions of Law no. 319/2006 arise from the “ad literam” translation of the mentioned European Directive
To justify the proposal to replace the term “external service” we present the following three current definitions: (a) external service - the legal or natural person from outside the enterprise/company, authorized to provide protection and prevention services in the field of occupational safety and health, according to the law of Law no. 319/2006); (b) service provider: the person or company providing an activity, a service; (c) provision of services: any operation that is not a delivery of goods

Summary

Introduction

In October 2019, 13 years have passed since the adoption of Law no. 319/2006 on Safety and Health at Work. The European Directive states that if the enterprises’/company’s resources are insufficient to organize the protection and prevention activities, due to the lack of specialized personnel, the employer is obliged to resort to resources (persons or services) from outside the respective enterprise or company (a) external service - the legal or natural person from outside the enterprise/company, authorized to provide protection and prevention services in the field of occupational safety and health, according to the law Considering the three definitions provided above, the authors' proposal refers to the introduction of the notion of “service provider”, as being the legal or natural person from outside the enterprise/company, authorized to provide protection and prevention services in the field of occupational safety and health, according to the law. Several universities in the country are organizing bachelor's and master's degrees for the specialization of “Occupational Safety and Health Engineering”

Accident at work and light accident

Workers information and training

Adapting the work to the individual

Conclusions