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When analysing the current conditions for the application of Law no. 319/2006 of the Safety and Health at Work, the need to correct some structural deficiencies and to reformulate various terms and definitions becomes obvious. The fast evolution occurring on the labour market are also determined by the new psychosocial conditions characterizing the labour relations in all sectors of activity, therefore also in the field of mining. Under these conditions, obviously, it is necessary to make some justified changes to the specific legislation, mainly to Law no. 319/2006 on Safety and Health at Work. The authors make justified proposals on the opportunity to reformulate current terms and definitions with the purpose of harmonizing national legislation with Framework Directive 89/391/ EC. The first proposal, justified also by the Classification of Occupations in Romania (COR), refers to the replacement of the terms “external service” and “designated worker” with “service provider”, respectively “occupational safety and health specialist”, motivated by the existence of these professions in the Classification of Occupations in Romania (COR). With regard to light work accidents, in order for them to be correctly reported in EUROSTAT statistics, it is necessary to reduce the incapacity to work to one working day. With regard to the obligation to inform the employer on a work-related accident, this must be the responsibility of both the person involved and other persons aware of the event. Regarding the investigation of the events, it is necessary that all work-related accidents be investigated by the Territorial Labour Inspectorates, respectively by the Labour Inspectorate in Bucharest. Due to the limited time granted by the employer for training in the field of occupational safety and health, it is recommended that this training stage be carried out, through various programs, before employment. According to the provisions of the European legislation, it is necessary to adapt the work according to the person, especially during the design stage of the jobs, while choosing the work equipment, the work and production methods. The number of occupational safety and health specialists that should exist in a company, depending on the number of employees, should be determined by a methodological norm. Regarding the state of health, a proposal is made to introduce psychological testing of the workers’ skills both upon employment and then periodically, after employment. The non-compliant aspects presented are the result of the word for word translation of Council Directive 89/391/EEC, thus resulting in the forced introduction or ambiguous formulation of terms and definitions. The proposals suggested by the authors will allow the improvement of the legislative framework specific to the employees’ safety at work but also of the psycho-social conditions in which all lucrative activities are carried out and especially the very complex and demanding ones existing in the field of mining.

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