Why do the psycho-social conditions in the field of mining require changes to occupational health and safety legislation?

Abstract

In 2019, 13 years have passed since the adoption of Law no. 319/2006 on Safety and Health at Work. Analysing the conditions of its application, there is a clear need to change, to correct some structural deficiencies and to reformulate various terms and definitions. The „ad literam” translation of the Council Directive 89/391/EEC has led to the forced introduction of some terms (e.g. designated worker, external service, light accident) or the ambiguous formulation of some requirements (e.g.: the situations in which the employer resorts to external services). The authors formulate proposals that will lead to the improvement of mining activities: - the obligation to undergo psychological examination, upon hiring and periodically, as a result of intensification of the general stress conditions and the effects of the special activities conducted underground; - determining the number of specialists in the field of occupational safety and health, depending on the number of employees in the respective enterprise; - the investigation of all work related accidents by the Territorial Labour Inspectorates, respectively the Labour Inspectorate, in order to avoid the conflict of interests during their investigation and to have a correct record of them, including in the mining activities.