Government act to regulate monitoring of workers’ health

A recent government decision, transposing the provisions of Directive 89/391/EEC into national legislation, provides for the monitoring of workers’ health. Depending on the risk factors that workers are exposed to in the workplace, the new law establishes employers’ obligations to staff. It also enlists services to support prevention measures to ensure regular monitoring of workers’ health and the types of clinical, paraclinical and laboratory tests required.

Legal framework in occupational health and safety

In 2006, the Romanian government (Guvernul României) stepped up efforts for the complete transposition into national legislation of the acquis communautaire (EU body of legislation) under Chapter 13 of negotiations (‘Social policies and employment’), which includes the area of occupational health and safety.

Thus, as of November 2006, Law No. 319 came into force, transposing the provisions of the Framework Directive on health and safety, namely Council Directive No. 89/391/EEC on the introduction of measures to encourage improvements in the safety and health of workers at work. Furthermore, in late 2006, 11 government decisions were enacted to ensure the transposition of 11 directives of the European Commission (EC) passed between 1989 and 2004.

Importance of new regulations

The implementation of the provisions of Law No. 319/2006 requires the passing of a legislative act to regulate procedures and measures meant to ensure an adequate monitoring of workers’ health, in accordance with the health risks that they are exposed to in their workplace.

In a meeting on 11 April 2007, the government put forward a proposal establishing the minimum requirements for monitoring workers’ health and for the prevention of occupational diseases caused by chemical, physical, physical-chemical or biological agents specific to the workplace.

Monitoring workers’ health

The legislative act defines the rights and obligations of employers and employees in relation to health issues. It also outlines the role of doctors specialising in occupational medicine. In compliance with this regulation, doctors specialising in occupational medicine are in charge of monitoring workers’ health. The act sets out employer obligations in both the public and private sector, which include:

• regular risk assessment in the workplace to promote workers’ health, with follow-ups whenever significant changes occur in working conditions or when monitoring results indicate the need for a follow-up measure;

• ensuring the necessary funds and adequate conditions for the provision of all medical prevention services required to mitigate occupational hazards.

Medical services to prevent risk and to ensure workers’ health involve:

• medical examinations performed in a differentiated manner depending on the hazardous factors in the workplace and the degree of risk exposure. These examinations will be carried out among new employees during the period of adjustment, as a follow-up measure for workers at regular intervals, or on resuming work after a period of interruption;

• promoting and maintaining workers’ health in the workplace through active medical surveillance of workers, in terms of occupational risk factors.

To promote measures to ensure workers’ adjustment to their working conditions and the improvement of work and work environment factors, doctors specialising in occupational medicine will provide counselling to workers and their representatives. Workers are obliged to undergo medical examinations required by the workers’ health surveillance programme, according to the schedule set by doctors in the workplace, with the consent of the employer.

In compliance with the act, workers will be informed of the medical test results and will have free access to all information related to their state of health. On leaving the company to take up another job, workers may require copies of their medical records and occupational hazards exposure form, and employers are obliged to provide this information on request. Statutory regulations on the confidentiality of information related to patients’ private life also apply to medical files.

Workers may contest the work-skills test results given by a doctor of occupational medicine. Such a complaint relating to test results must be addressed to the local or city of Bucharest health authority no later than seven days from the date of receiving the skills test form. The health authority must appoint a commission comprising three doctors specialising in occupational medicine to examine the case and provide a resolution no later than 21 days from the date of receiving the complaint.

A worker’s occupational doctor and family doctor will keep each other informed of any changes in the worker’s state of health. In the case of temporary interruption of work activities or job termination, the occupational medicine structure must hand over a worker’s medical file to the family doctor.

In draft form, the act was debated and subsequently approved by the Social Dialogue Committee of the Ministry of Public Health (Ministerul Sănătăţii Publice, MSP).

Constantin Ciutacu, Institute of National Economy