Criminal OSH (SSM) & workplace accidents: defence and strategy for companies (group)

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

  1. Rapid case mapping: what happened, who is involved, which group entities/sites are exposed, and what deadlines exist.
  2. Authority-track planning: coordinate interactions with ITM/Inspecția Muncii, police, and the prosecutor’s office, with one controlled workflow.
  3. Timeline + document set: build a single master file (what exists, what is missing, what must be obtained, what must be preserved).
  4. Evidence preservation rules: documents, emails, CCTV, logs, photos, registers—kept in a way that avoids loss and contradictions.
  5. Statement preparation: who speaks, in what capacity, what to review first, and how to avoid incomplete or speculative narratives.
  6. Assistance at procedural steps (as applicable): interviews, submissions, evidence requests, objections, and deadline management.
  7. SSM investigation alignment: keep internal OSH work and the criminal strategy consistent, without mixing roles and conclusions prematurely.
  8. Technical specialist coordination (when useful): maintenance records, equipment status, causation hypotheses, and expert approach.
  9. Group coordination: harmonise positions across sites/entities and manage contractor interfaces to reduce inconsistencies.

Documents/information useful for a first assessment

DocumentWhy it mattersNotes
Any notices from authorities (requests, minutes, reports, summons)Defines scope, deadlines, and the official narrative framingInclude proof of delivery (email/registry/post) and reference numbers
Short incident timeline (minutes/hours, people, locations, decisions)Most contradictions come from unclear early detailsInclude shift changes, instructions given, interventions, and who was present
Risk assessment + prevention/protection plan + OSH proceduresShows the preventive framework in place before the incidentProvide versions, approvals, and dates of entry into force
SSM training records (general/workplace/periodic) + training topicsTraining adequacy and relevance are frequently checkedCross-check with job description and actual tasks performed
Job descriptions, delegations, internal decisions on responsibilitiesClarifies real roles and decision-making linesImportant for management, supervisors, and designated OSH roles
Equipment records: maintenance, inspections, safety devices, permitsCentral in technical accidents and causation discussionsInclude service reports, defect logs, and corrective actions
Contractor/subcontractor contracts + OSH coordination documents (if relevant)Defines coordination duties and interface obligationsInclude site rules, access records, coordination minutes, and briefings
Factual evidence: CCTV, photos, logs, initial medical documentsAnchors time, mechanism, and sequence of eventsPreserve 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


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