Failure to comply with legally required occupational health and safety measures

Legal defence in cases involving failure to comply with statutory occupational health and safety measures

Failure to comply with statutory occupational health and safety measures (Article 350 of the Criminal Code) carries, in its intentional form, 6 months–3 years or a fine where it creates imminent danger of an accident or occupational illness. The same penalty applies to restarting installations, machinery or equipment before all defects that caused the shutdown have been eliminated. Negligent forms carry 3 months–one year or a fine. The provision may apply to anyone required to observe the measures, not only the employer. Training and responsibilities must be examined specifically.

Scope of responsibility, worker training and defence strategies

Because this is an offence of danger to public safety prosecuted ex officio, reconciliation between the parties or withdrawal of a prior complaint does not extinguish criminal liability. In this context, the legal strategy must focus on detailed analysis of workplace training and individual health and safety training records. The defence will seek to demonstrate that the defendant did not receive complete or clear instruction, protective equipment was non-compliant or absent, or the danger arose from external, unforeseeable factors constituting a fortuitous event. The ‘imminent’ nature of the danger alleged by prosecutors may also be challenged, seeking acquittal on the basis of absence of culpability or, alternatively, waiver of application of the sentence.

Urgent legal assistance in Romania

Failure to follow occupational health and safety rules, whether through haste or lack of coordination on a construction site or in a factory, may have exceptionally severe legal consequences, particularly if labour inspectors identify serious breaches. Basuc Cosmin Law Office provides prompt legal support and a robust defence strategy tailored to employment and criminal law requirements. We professionally represent you at interviews before criminal investigation bodies in Romania, analyse inspection reports and strongly present your arguments before competent district courts, seeking an outcome that protects your liberty and right to practise your profession.