Workplace Accident Investigation Files in 2026: Content, Deadlines and Risks

A practical guide for employers

A workplace accident creates immediate obligations for the employer: notification, investigation, preservation of evidence and implementation of preventive measures. In the advisory work I carry out with Geseidl clients, the investigation file is one of the most frequent sources of fines and subsequent disputes—not because employers fail to act, but because the documentation is incomplete or inconsistent. Below I set out what the file must contain, the applicable deadlines and the real risks.

What is a workplace accident?

Under Article 5(g) of Law no. 319/2006, a workplace accident is a violent injury to the body or acute occupational poisoning occurring during work or while performing job duties, resulting in:

• temporary incapacity for work of at least three calendar days;
• disability;
• death.

Who conducts the investigation?

For accidents resulting in temporary incapacity for work, the investigation is generally conducted by the employer through a committee appointed by written decision.

Fatal or collective accidents, accidents resulting in disability and dangerous incidents are investigated by the territorial labour inspectorate or, where applicable, the Labour Inspection.

What must the employer do immediately?

After the event, the employer must ensure:

• first aid;
• removal of any serious and imminent danger;
• preservation of the accident scene;
• identification of witnesses;
• photographs and sketches of the scene;
• preservation of equipment in its existing condition;
• notification of the event to the authorities.

What must the investigation establish?

The investigation must clarify:

• the circumstances of the accident;
• technical and organisational causes;
• the rules that were breached;
• the persons responsible;
• the classification of the accident;
• the employer responsible for recording it;
• the measures required to prevent similar situations.

In our experience, simply referring to “inattention” or “the victim’s fault” is never sufficient. The employer’s duties concerning risk assessment, training, supervision, equipment and work organisation must also be analysed; otherwise, the file may be rejected during approval.

What does the investigation file contain?

The main requirements are set out in Article 122 of Government Decision no. 1,425/2006. Depending on the case, the file must include:

• an index of documents;
• the investigation report;
• the on-site findings note;
• the decision appointing the committee;
• proof that the event was notified;
• photographs and sketches;
• statements from the victim and witnesses;
• the individual employment agreement and job description;
• the individual occupational safety training record;
• the fitness-for-work certificate;
• the risk assessment and prevention plan;
• internal instructions and working procedures;
• documents concerning equipment and technical inspections;
• medical leave certificates and medical documents;
• police, forensic or technical documents, where relevant;
• the FIAM form.

What are the deadlines?

For accidents resulting in temporary incapacity for work, the investigation must generally be completed within ten working days from the date of the event.

A justified extension may be requested when expert reports, medical records, police documents or other evidence cannot be obtained within the initial term.

Once completed, the file is sent to the territorial labour inspectorate for review and approval. The inspectorate may request additions, a revised report or a different classification of the event.

Risks for the employer

Administrative fines

Article 39 of Law no. 319/2006 provides for sanctions concerning:

• failure to notify the event;
• failure to conduct the investigation;
• absence of a risk assessment;
• inadequate training;
• failure to provide protective equipment;
• failure to implement ordered measures.

Depending on the breach, fines may reach:

• RON 3,500-7,000 for failure to notify the event;
• RON 4,000-8,000 for failure to conduct the investigation;
• higher totals where several offences are combined.

In practice, total exposure may exceed RON 20,000-40,000 where the accident reveals several deficiencies.

Civil and criminal liability

Under Article 44 of Law no. 319/2006, the employer may be liable for losses not fully covered by the social insurance system.

In serious cases, the following offences may be relevant:

• Article 349 of the Criminal Code—failure to take statutory occupational safety measures;
• Article 350 of the Criminal Code—failure to comply with statutory occupational safety measures;
• negligent bodily injury;
• manslaughter.

Risk of reclassification

The labour inspectorate may reclassify an event initially reported as a minor accident, commuting accident or event unrelated to work. The risk is higher where there are:

• successive medical leave certificates;
• verbal work assignments;
• purely formal training records;
• generic risk assessments;
• no proof that personal protective equipment was issued;
• unchecked equipment;
• conflicting statements;
• documents completed retrospectively.

Conclusion

The investigation file must demonstrate, through consistent evidence, how the accident occurred, its causes, the rules breached, responsibilities and preventive measures. An incomplete or purely formal file may result in refusal of approval, reclassification, cumulative fines, civil damages and criminal liability. Employers should treat file preparation as an ongoing occupational safety compliance process, not merely a formality after an event.

Relevant Geseidl services

The Geseidl team provides comprehensive employment-law and occupational safety advice, including support with preparing and reviewing workplace-accident investigation files, risk assessment and staff training. Contact us for a review of your organisation’s current compliance.

Article by Roxana Șerban, Senior HR & Payroll Consultant — Geseidl Consulting Group