This service is for companies and corporate groups (multiple sites, contractors, construction projects, higher-risk operations) dealing with a workplace accident and, in parallel, OSH (SSM) checks and criminal file risk (police/prosecutor).
The practical objective is early control: a clear timeline, a controlled document trail, consistent communications, and a procedural plan for statements, evidence requests, and expert work—without improvisation. First step: send a short incident summary (who/when/where), the documents you already received, and your immediate deadlines.
Informațiile sunt generale și nu înlocuiesc consultanța juridică. Contează faptele, actele și cronologia.
When you typically need this
- A serious workplace accident occurred (severe injury, death, or prolonged incapacity) and authorities were notified.
- ITM/Inspecția Muncii started an OSH (SSM) investigation or requested an urgent document package.
- You received a summons/invitation from police or the prosecutor’s office related to the incident.
- There is discussion about criminal liability linked to OSH measures (omissions or non-compliance) and you need a statement/evidence strategy.
- The event involves subcontractors, temporary work, or multiple entities within a group and responsibility is contested.
- The incident is technical (equipment, installations, maintenance, safety devices) and the causal mechanism is disputed.
- You have CCTV, logs, technical data, internal reports, and you want to preserve them correctly and defensibly.
- There is internal or public pressure and uncontrolled communication increases procedural risk.
- You need to prepare management, OSH roles, supervisors, and witnesses for interviews and typical investigation questions.
What we do, step by step
- Rapid case mapping: what happened, who is involved, which group entities/sites are exposed, and what deadlines exist.
- Authority-track planning: coordinate interactions with ITM/Inspecția Muncii, police, and the prosecutor’s office, with one controlled workflow.
- Timeline + document set: build a single master file (what exists, what is missing, what must be obtained, what must be preserved).
- Evidence preservation rules: documents, emails, CCTV, logs, photos, registers—kept in a way that avoids loss and contradictions.
- Statement preparation: who speaks, in what capacity, what to review first, and how to avoid incomplete or speculative narratives.
- Assistance at procedural steps (as applicable): interviews, submissions, evidence requests, objections, and deadline management.
- SSM investigation alignment: keep internal OSH work and the criminal strategy consistent, without mixing roles and conclusions prematurely.
- Technical specialist coordination (when useful): maintenance records, equipment status, causation hypotheses, and expert approach.
- Group coordination: harmonise positions across sites/entities and manage contractor interfaces to reduce inconsistencies.
Documents/information useful for a first assessment
| Document | Why it matters | Notes |
|---|---|---|
| Any notices from authorities (requests, minutes, reports, summons) | Defines scope, deadlines, and the official narrative framing | Include proof of delivery (email/registry/post) and reference numbers |
| Short incident timeline (minutes/hours, people, locations, decisions) | Most contradictions come from unclear early details | Include shift changes, instructions given, interventions, and who was present |
| Risk assessment + prevention/protection plan + OSH procedures | Shows the preventive framework in place before the incident | Provide versions, approvals, and dates of entry into force |
| SSM training records (general/workplace/periodic) + training topics | Training adequacy and relevance are frequently checked | Cross-check with job description and actual tasks performed |
| Job descriptions, delegations, internal decisions on responsibilities | Clarifies real roles and decision-making lines | Important for management, supervisors, and designated OSH roles |
| Equipment records: maintenance, inspections, safety devices, permits | Central in technical accidents and causation discussions | Include service reports, defect logs, and corrective actions |
| Contractor/subcontractor contracts + OSH coordination documents (if relevant) | Defines coordination duties and interface obligations | Include site rules, access records, coordination minutes, and briefings |
| Factual evidence: CCTV, photos, logs, initial medical documents | Anchors time, mechanism, and sequence of events | Preserve originals and note who extracted the data and when |
Risks and frequent mistakes
- Giving statements “by instinct” before reviewing documents and fixing the timeline.
- Sending uncontrolled document batches (or multiple versions) that create contradictions across group entities/sites.
- Changing the scene or intervening technically without minimal documentation, complicating causation analysis.
- No single point of contact with authorities, resulting in inconsistent messaging.
- Mixing internal SSM investigation language with criminal-file strategy without clear boundaries.
- Assuming outsourcing OSH automatically transfers criminal exposure to third parties.
- Underestimating contractor interfaces (coordination, access, briefings) in responsibility assessment.
- Careless internal communications (email/chat) that later becomes part of the file.
FAQ
When does a workplace accident become a criminal file in practice?
It commonly escalates when authorities suspect that legally required OSH measures were not taken or were not followed and this is linked to the incident; the concrete path depends on facts, documents, and the investigation steps taken by ITM/Inspecția Muncii and law enforcement.
Who can be investigated: only individuals, or also the company?
Exposure may involve individuals with actual responsibilities (management, supervisors, designated OSH roles) and, depending on the factual and legal framework, the legal entity; the assessment typically focuses on real duties and implementation, not labels alone.
What should we do if ITM requests a file while police/prosecutor request documents too?
Centralise all requests and deadlines, work from a controlled master set of documents, and avoid fragmented replies from different people/sites that may contradict each other later.
Should we run an internal investigation after the accident?
Internal fact-finding and OSH compliance steps can be important, but they must be handled with disciplined wording, controlled document versions, and clear role boundaries so the process does not create avoidable inconsistencies.
How do we manage a case for a corporate group with multiple sites and contractors?
By coordinating a single timeline and document strategy across entities/sites, defining one communication workflow, and mapping contractor interfaces (coordination duties, access, briefings, maintenance roles) to avoid contradictory positions.
What role do technical expert reports and medical documents play?
They often clarify the causal mechanism (how the accident happened) and the link to preventive measures; preparation starts with complete maintenance/training records and proper preservation of factual evidence (CCTV/logs/photos).
Can we keep operating, or can authorities impose measures after an accident?
Operational impact depends on the incident context and the measures set by authorities; it is usually safer to align remedial steps and documentation with the investigation timeline and the company’s procedural position.
Contact
For an initial assessment, send the short timeline, the documents you received, and the contact details of the internal coordinator (legal/HR/SSM).
Relevant internal links
Surse
- Legea nr. 319/2006 a securității și sănătății în muncă (legislatie.just.ro)
- H.G. nr. 1425/2006 – Norme metodologice pentru Legea nr. 319/2006 (legislatie.just.ro)
- H.G. nr. 300/2006 – cerințe minime SSM pentru șantiere temporare sau mobile (legislatie.just.ro)
- Legea nr. 346/2002 privind asigurarea pentru accidente de muncă și boli profesionale (legislatie.just.ro)
- Legea nr. 286/2009 – Codul penal (legislatie.just.ro)
- Legea nr. 135/2010 – Codul de procedură penală (legislatie.just.ro)
- Inspecția Muncii – legislație SSM (inspectiamuncii.ro)
- Inspecția Muncii – Cercetarea accidentelor de muncă (PDF) (inspectiamuncii.ro)
- Council Directive 89/391/EEC (Framework Directive on OSH) (EUR-Lex)
- Council Directive 92/57/EEC (Temporary or mobile construction sites) (EUR-Lex)