Failure to take or observe the mandatory measures for health and safety at work may entail, among other types of liability (e.g. civil, administrative), potential criminal liability for employers.

The Romanian Criminal Code (the “RCC”) provides for two offences which sanction such failure: i) failure to take the mandatory measures for health and safety at work (Article 349); and ii) failure to observe the mandatory measures for health and safety at work (Article 350).

The mandatory measures for health and safety at work are provided in Law no. 319/2006 on Safety and Health at Work, as further amended (the “Law no. 319/2006”).

The two provisions impose certain conditions, which shall be assessed by judicial authorities in order to decide whether such a failure constitutes a criminal offence, namely…