Situations in which a Romanian employee is temporarily posted to work in another country bring additional challenges regarding occupational safety and health. In such cases, Romanian legislation and European case law clearly establish that the employer’s responsibilities do not cease once the worker leaves the country.
According to Law no. 319/2006 on occupational safety and health and Government Decision no. 1425/2006, the Romanian employer must ensure that posted workers benefit from the same protective measures as their colleagues in Romania. This includes risk assessment, OSH training, and the provision of appropriate protective equipment, regardless of the actual workplace location.
The Curtea de Justiție a Uniunii Europene has confirmed in numerous cases that posted workers benefit from extended protection. For example, rest periods during posting are not equivalent to time off spent at home, as the employee remains under the employer’s authority. Therefore, the employer must comply with working time regulations, breaks, and safety measures required by law.
In practice, this means that in the event of a workplace accident, the Romanian employer is responsible for reporting the incident, ensuring rapid intervention, and applying all protective procedures required by national and European legislation. Failure to comply with these obligations may result in legal liability, including criminal liability, and significant fines.
This legal framework protects both the employee and the employer by clarifying responsibilities and preventive measures, highlighting the importance of an active and engaged OSH specialist even in cases of international postings.