Failure to take legally required occupational health and safety measures

Legal defence in cases involving failure to take legally required occupational health and safety measures

The offence of failure to take legally required occupational health and safety measures (Article 349 of the Criminal Code) consists of failure by the responsible person to take legally required occupational health and safety measures, creating an imminent danger of a workplace accident or occupational illness. The intentional act carries imprisonment from 6 months to 3 years or a fine; if negligent, the penalty is 3 months–1 year or a fine. Where serious consequences such as employee bodily injury or death result, classification becomes more complex through concurrent result-based offences. Involving a criminal defence lawyer is indispensable, because identifying the person responsible for workplace safety and defining imminent danger require rigorous interpretation of special legislation and internal organisational rules.

Imminent danger, specific responsibilities and defence strategies

As this is an endangerment offence prosecuted ex officio, reconciliation between the parties or withdrawal of the complaint cannot automatically extinguish criminal liability for the basic act. Therefore, the legal strategy focuses on rebutting the allegations on the merits. The defence challenges the existence of imminent danger at inspection or incident time and closely analyses job descriptions and internal decisions to show that the defendant had no express occupational health and safety duties or exercised all reasonable diligence. In an accident, it may also be shown that the event resulted exclusively from the victim’s failure to follow instructions, or from an unforeseeable event, seeking acquittal or discontinuance during the criminal investigation.

Urgent legal assistance in Focșani and Vrancea county

An unannounced Territorial Labour Inspectorate inspection or an unfortunate workplace incident on a construction site or in a factory can immediately place directors or safety officers under criminal investigators’ scrutiny. Basuc Cosmin Law Office in Focșani provides urgent legal assistance and highly qualified representation in these complex cases. We actively assist during investigations by police and prosecutors’ offices attached to courts in Vrancea County, participate in formulating objections to technical expert reports and deliver an active defence before Focșani District Court, working to protect your freedom and professional integrity.