Some considerations about the effectiveness of criminalizing the failure to take the appropriate legal measures of health and safety at work or to comply with them

• In Event: Critical Perspectives on Policing and Criminalisation

Abstract

In Romania, there are two criminal offences regulated in relation with work accidents, namely (i) failure to take the legal health and safety measures at work, regulated within art. 349 of the Criminal Code and (ii) non-compliance with the legal measures of health and safety at work, set forth by art. 350 of the Criminal Code. We will analyze in this study what is the meaning of the concept of legal health and safety measures at work and by whom these must be taken and observed. At the same time, we will consider the impact that the criminalization of these behaviours has on employers, considering that an administrative offence is as well regulated in this field.

Author

• Valentina Dinu-Stăncescu, Faculty of Law, University of Bucharest