An employee found unconscious during working hours on company premises immediately triggers a series of legal obligations on the part of the employer, even in the absence of certainty that it is an accident at work. In such a situation, the correct reaction is not only humanitarian, but also strictly regulated by Law 319/2006 and its implementing regulations.
The first step is to provide first aid and contact the emergency services. Simultaneously, the employer must isolate the area of the incident, preserve the traces and not allow the circumstances in which the employee was found to change. This is essential for any subsequent investigation. If the incident took place during working hours and within the company perimeter, it is considered, until proven otherwise, to be an event that can be classified as an accident at work.
The next procedural step is to report the event to the Territorial Labour Inspectorate no later than 24 hours after it occurred. It is important to note that the obligation to report does not depend on the certainty of classification as an accident at work, but only on the occurrence of an event that endangered the worker’s life or health.
Subsequently, the employer is obliged to launch an internal investigation into the event by setting up an investigation committee, which will analyse all the elements: witnesses, video recordings, the state of the equipment, the activity carried out by the employee, known medical history, etc. The aim is to establish the causes, circumstances and, above all, whether there is a causal link between the work and the employee’s state of health.
If the event falls into the category of accidents at work, the employer will compile the investigation file, in accordance with HG No 1425/2006, and send it to the ITM for its approval. If the work-relatedness is not confirmed, the event may be recorded as an incident or accident outside work, with an entry in the internal register.
Irrespective of the final verdict, the employer must reassess the risks at the workplace and implement, if necessary, additional preventive measures, including thematic training or updating the protection and prevention plan.