Sei sulla pagina 1di 7

Material liability of the employer for the breach of the occupational safety and health

Student:Utica Marian

The right to work and the labor protection of the citizens of Republic of Moldova are protected by the Constitution and the Labor Code. In this way the article 43 from the Constitution of Republic of Moldova provides that each person has the right to work and the freedom of choice of the field of work, fair and satisfactory conditions and also a protection against unemployment. More than that citizens have the right to a labor protection. The measures of protection are regarding the security and the hygiene during the labor process, the regime of the woman and the young people, establishing a minimum wage according to the economy of the country, the weekly rest, the annual leave , difficult conditions and other specific situations. Regarding broadly the notion of labor protection it includes the system of insurance of the security and health of the employee in the socio-economic activity, organizational, sanitary and hygienic and recovery of health. As an institution of law, safety is a completely legal standards to ensure safe working conditions for life and health and to regulate relations concerning occupational safety and health. It includes: - Rules and safety guidance special legal norms on incentives and compensation to persons providing labor in hazardous or dangerous conditions - safety rules on women, minorities and persons with reduced work capacity; -rules governing the organization of the labor protection - research and evidence rules in case of labor accidents. On 2 July 1991 the Parliament of Moldova adopted the Law on Labor Protection, which sets the ground rules to ensure employee safety. The law stipulates the necessity of state cooperation with employers, trade unions and other representative bodies. And many general and special rules are included in the Labor Code. So in the Code we can find rules on employers' obligations, rights and duties of labor protection, on safety and hygiene technique of production, on the protection of certain categories of workers (women, minorities, disabled).According to the legislation each employee has the right to safety, to some working conditions that meet technical requirements of safety, hygiene production, the provision of means of protection to compensation and benefits etc. in special cases. Employees have the right to: to be informed by the state bodies and public about the situation of working conditions and labor protection, the possibility of injury to health and the measures taken to prevent hazardous inputs for their life refuse further work on the occurrence of spontaneous life and health hazard till its removal refuse to work hard or work in dangerous conditions, unforeseen in the contract of employment

In the same time in the legislation are also stipulated the guaranties of the employees which are the following: when the work has been suspended due to labor protection breaches by other people, they keep the job and average salary. the liquidation section, sector of employment, at the request of state supervision and inspection, the employee is obliged to propose another job, which would correspond to

his qualifications, or to provide free learning to a new specialists with maintain education during the average wage. For closing the company in breach of legislation on labor protection or the inability to ensure the normal working conditions of employees, labor recruitment and provision new location shall be in accordance with the law.

Is well- known that every subject of law besides it`s rights and guaranties is entitled with some obligations in our case according to the legislation the employees have the next category of obligations talking about the labor protection and safety. In this context, employees are required to comply with the safety instructions that establish rules of behavior works and production buildings and construction sites. However, under the law, the administration is required to ensure appropriate technical equipment of all jobs and to create working conditions that meet the rules of labor protection (safety equipment, sanitary and so on). Labor protection rules approved by the Government or in its task by other state bodies in agreement with the unions. Legislative basis on safety is very rich, so took effect a number of safety regulations regarding mandatory for all persons in leadership positions, regardless of ownership and place their work. Intersectoral regulations are stipulated in safety standards to be observed in the equipping enterprises with new equipment, providing occupational hygiene rules and exclude danger to life both in industrial enterprises and in agriculture, etc. Now I would like to pay attention to the Law nr 625- XII din 02.07.91 which provides a big quantum of information regarding the safety and labor protection. In this context article 35 says: Unique indemnity payment by the company for reducing employee work capacity or death following the accident at work or occupational disease employee who has been determined degree of reduction of occupational diseases and the expense is charged undertaking blame for the accident at work or occupational disease, besides compensation fixed by law, an indemnity, taking as base salary monthly average of Moldova for each percentage of professional incapacity for work, but no less than an annual salary of injured. In case of death of the employee following an accident at work or an occupational disease undertaking blame for the accident at work or occupational disease repair material damage to persons entitled there to, in the manner and amount set by law and, in addition, pays their means unique compensation, taking as a basis the average annual salary of the deceased, multiplied by the number of years complete that it did not live up to the age of sixty years, but not less than ten annual average wages . If missing persons mentioned in the second paragraph of this Article lump-sum benefit is payable in equal shares to husband that is alive, children and parents deceased regardless of age, their ability to work and other conditions. If the reduction of the employee's employment or death was caused by an accident at work not only in business but also the fault of the injured joint liability applies under the law, and the size of single allowance is reduced depending on the degree of fault of the injured. Payment of unique benefits to persons entitled to it is undertook by the company that has the blame for the accident at work or occupational disease as established by the Government. In the absence of money in the company, unique indemnity payment is made on the basis of court decision

on account of any assets or resources of the enterprise. Issue of the disputes concerning payment of benefits is examined only in a court. Article 7. Guarantees the right to health and safety in the work Conditions of employment shall comply with laws and other regulations of labor protection. Government is obliged to apply modern methods of labor protection and to ensure sanitary and hygienic working conditions that would prevent work accidents and occupational diseases. If the government violates labor protection legislation and that this is confirmed by the supervisory and control bodies, the employment may be terminated at the request of the employee, paying him the severance pay. If the employee has symptoms of illnesses administration must pass it to another job in the medical report as required. Article 9. Individual social insurance and workers against accidents at work and occupational diseases Business owners are obliged to arrange insurance for their employees against industrial accidents and occupational diseases in the manner and under the conditions determined by law. Categories of people who work in high risk, whose patron is obliged to organize individual insurance against accidents at work, the size of insurance amounts are established in the collective agreement between the government and the company, owner or between governing body empowered him, and union committee. Article 20. Duty employees from companies comply with the rules, regulations, instructions and other regulations on labor protection Employees are required: to study, to learn practice and meet the requirements of labor safety, labor hygiene and Fire defense provided in the regulations that labor protection; to come to work in full capacity for work, so as not to expose oneself to danger and other workers; work in protective clothing and use individual and collective means of protection provided by the process, the rules and instructions on labor protection; timely notify the government representatives of all cases of violation of labor protection legal acts that endanger the health or life of employees, as well as breakdowns and accidents which have occurred. Article 26. Business administration allocated annually, depending on working conditions and job security status of the trauma and morbidity, financial and material resources necessary labor protection actions. It prohibits spending these funds for other purposes Article 31. Material responsibility for the failure of the company healthy and safe working conditions If the company administration does not take effective measures to ensure healthy and safe working conditions, does not meet the collective agreements, plans and other measures to improve working conditions and job security, the Government has the right, under advice Expertise state of working conditions or union bodies proposal to establish for these companies increased settlement rates for social security for workers. Infringing undertaking (fully or partially) by accident at work or occupational disease is required to pay, as provided by law, the damage caused by shaking injury to body or health, and to pay medical institutions and hospital treatment costs and compensate all organs of social security payments for pension and other benefits. Other regulations in this is field are brought to us by the law nr 186 from 10.07.2008 whick entitles the emplyer with the next obligations: Organization of protection and prevention is made by the employer in the following ways:

1) by assuming the employer, under Article 11 (10) of occupational health and safety law, the worker assigned duties; 2) by designating one or more workers to carry out protection and prevention activities; 3) the establishment of an internal service protection and prevention; 4) through the external protective and preventive services. 4. Protection and prevention activities carried out within the unit as provided in paragraph 3 of this Regulation are: 1) professional risk assessment; 2) the development and periodic review of protection and prevention plan and ensure its fulfillment; 3) establish the duties and responsibilities in health and safety at work incumbent workers; 4) verifying knowledge and application by all workers of the measures stipulated in the protection and prevention, as well as duties and their responsibilities in health and safety at work; 5) provide necessary materials unit worker information and training on safety and health at work: books, brochures, guides, posters, movies, etc..; 6) planning and office equipment and / or special places of safety and health at work; 7) develop health and safety instructions at work, taking account of the specific activities and job / work stations; 8) Provide each employee with a safe and health, including guidance on first aid in case of accidents at work; 9) provide information and training for workers in health and safety at work; 10) checking knowledge and application of information and instructions to workers safety and health at work; 11) ensure preparation of the action plan in the event of serious and imminent danger; 12) records and specific high-risk areas; 13) determining areas requiring a safety and occupational health, and the type of signal; 14) monitoring the operation of ventilation, protective devices, measuring and control equipment; 15) Checking operation of safety systems and emergency signaling; 16) establishing the necessary equipment workers of personal protective equipment; 17) ensuring the maintenance, use and storage of appropriate personal protective equipment; 18) providing communication, research and accurate and timely reporting of accidents; 19) securing jobs with medical kits first aid in case of accidents at work; 20) ensure the implementation of measures taken by labor inspectors occasion control visits and research unit of accidents; 21) collaboration with workers and / or their representatives, external protection and prevention services to coordinate preventive and protective measures; 22) working with designated workers / services internal / external services / other employers where many employees work at the same job; 23) application of incentives and disciplinary workers, the criterion to perform the tasks in safety and health at work; 24) preparation of documents and reports provided by the regulations on safety and health at work.

Oher regulations in the field are submet by the Decission of the Government nr 95. From 10.06.2008 which are the following.: Article 9. General (1) The employer is obliged to ensure the safety and health of workers in every aspect related to work. (2) If the outsourcing employer protection and prevention, he is not relieved of its responsibilities for health and safety at work. (3) Obligations of workers in health and safety at work does not affect the principle of employer responsibility. Article 10. General obligations (1) As part of its responsibilities, the employer shall take the measures necessary to protect the safety and health of workers, including prevention of occupational risks, provide information and training, and to ensure the necessary organization and means. (2) The employer shall ensure adaptation measures referred to in par. (1), taking account of changing circumstances and aim to improve the situation. (3) The employer shall implement the measures referred to in para. (1) and (2) based on the following general principles of prevention: a) avoid occupational hazards; b) assessing occupational risks that can not be avoided; c) combating occupational risks at source; d) adapting the work to the individual, especially as regards the design of workplaces, the choice of work equipment, production methods and work, to alleviating monotonous work and work at a predetermined and reducing their effect on health; e) adapting to technical progress; f) replacing the dangerous by the non-dangerous or the less dangerous; g) developing a comprehensive and coherent prevention policy which covers technology, organization of work, working conditions, social relationships and the influence of factors related to the working environment; h) giving collective protective measures priority over individual protection measures against; i) providing workers with adequate training on safety and health at work. (4) Notwithstanding the other provisions of this Act and given the nature of the establishment, the employer shall: a) assess occupational hazards, especially the choice of work equipment, substances or chemicals used and the layout of workplaces; b) ensure further assessment referred to in a) and as required, the employer applying prevention measures and methods of production and which will improve the level of security and occupational health and be integrated into all establishment and at all hierarchical levels; c) take into account the capacity of workers in terms of their health and safety whenever they entrust a task; d) ensure that the planning and introduction of new technologies are the subject of consultation with workers and / or their representatives regarding the consequences of the choice of equipment, working conditions and working environment for the safety and health of workers; e) take appropriate steps as serious and specific areas can access only workers who have

received appropriate instruction on safety and health at work. (5) Notwithstanding the other provisions of this Act, if the same job is several units workers, their employers are required: a) to cooperate in the implementation of the provisions on health, safety and hygiene at work, taking into account the nature of activities; b) to coordinate the protection and prevention of occupational risks, taking into account the nature of activities; c) to inform each other about occupational hazards; d) inform workers and / or their representatives about occupational risks. (6) The financial resources expended by the employer to carry out health and safety measures at work are deductible. (7) Measures concerning safety, hygiene and health at work will not act, under any circumstances, financial obligations to the workers. Article 11. Protection and prevention service (1) Without prejudice to the obligations laid down in Articles 9 and 10, the employer shall designate one or more workers to handle the protection and prevention of occupational risks in the unit. (2) Designated workers should not be disadvantaged as a result of activities related to the protection and prevention of occupational risks. (3) Designated workers shall have time to be able to fulfill the obligations arising from this law. (4) If the unit resources are not sufficient to organize protection and prevention activities in the lack of specialized personnel, the employer is required to use external services accredited protection and prevention as provided by law.

Potrebbero piacerti anche