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Occupational Safety and Health Convention, 1981 (No. 155) - Republic of Moldova (Ratification: 2000)

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Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on occupational safety and health (OSH), the Committee considers it appropriate to examine Conventions Nos 119 (guarding of machinery), 155 (OSH), 184 (safety and health in agriculture) and 187 (promotional framework for OSH) together.

A. General provisions

1. Occupational Safety and Health Convention, 1981 (No. 155)

2. Promotional Framework for Occupational Safety and Health Convention (No. 187)

I. Action taken at the national level

Article 2(3) of Convention No. 187. Consultation with the social partners to ratify relevant OSH Conventions. The Committee previously noted the Government’s statement that the Occupational Health Services Convention, 1985 (No. 161), was being targeted by the Ministry of Health for the preparation of ratification. The Committee notes that the Government report contains no information on this matter. The Committee therefore once again requests the Government to provide information on the consideration given, in consultation with the social partners, to the ratification of additional ILO conventions on OSH, including Convention No. 161.

B. National policy

Articles 4 and 7 of Convention No. 155, and Article 3(1) of Convention No. 187. Periodic review of the national policy and situation regarding occupational safety and health. The Committee notes that, in response to its previous comments, the Government once again refers to section 222 of the Labour Code and sections 4 and 5 of the Law on OSH, which provide for the areas to be covered by the state OSH policy, and the consultation that shall take place for its development and review. However, the Committee notes that a national OSH policy has not yet been adopted. The Committee requests the Government to provide information on the steps taken for the formulation and implementation of a coherent national policy on occupational safety and health, and to provide information on the measures adopted to periodically review this policy, in consultation with the most representative organizations of employers and workers.

C. National system

Article 4(1) of Convention No. 187. Progressive development and periodic review in consultation with the most representative organizations of employers and workers. System of inspection. The Committee notes that, according to the Government’s report submitted for the Labour Inspection Convention, 1947 (No. 81), following the adoption of Law No. 191 of 2020 which amends a number of labour laws, supervision in the field of OSH, including the investigation of occupational accidents, was transferred from ten sectoral agencies to the State Labour Inspectorate (SLI) on 1 January 2021. With reference to its comment under Convention No. 81, the Committee requests the Government to continue providing information on the measures taken or envisaged to progressively develop a national OSH system in consultation with the social partners for the continuous improvement of OSH in the country.

Article 4(3)(d) of Convention No. 187. Occupational health services. The Committee previously requested the Government to provide information on how occupational health services are provided in undertakings with fewer than 50 workers. The Committee notes the Government’s reference to Chapters II, IV and V of the Regulation on the organization of activities for the protection of workers at work and occupational risk prevention, approved by Government Decision No. 95/2009, which regulates the organization and development of internal and external protection and prevention services. It also notes that, in accordance with section 11(4) of the Law on OSH, if the resources are not sufficient for the organization of protection activities, the employer is obliged to resort to external protection and prevention services accredited in the manner provided by law. Moreover, pursuant to section 7(12) of the Regulations on the organization and operation of the Ministry of Labour and Social Protection, approved by Government Decision No. 149/2021, the Ministry is responsible for ensuring, through the subordinated institutions, the provision of services in the fields of its competence. The Committee requests the Government to provide practical information on the provision of occupational health services in undertakings with fewer than 50 workers, particularly where provided by external services, including the number or proportion of such undertakings using internal and external protection and prevention services. The Committee also requests the Government to provide information on the accreditation of external occupational health services, as foreseen in section 11(4) of the Law on OSH, as well as on the subordinated institution of the Ministry of Labour and Social Protection that is responsible for occupational health services.

Article 4(3)(e) of Convention No. 187. Research on occupational safety and health. The Committee notes the Government’s reference to the checklist in the field of OSH used by the SLI when carrying out supervisory activities which, however, does not refer to research on occupational safety and health. The Committee once again requests the Government to provide information on the measures taken to carry out research on occupational safety and health.

Article 11(c) of Convention No. 155 and Article 4(3)(f) of Convention No.187. Procedures for the notification of accidents and diseases and the collection and analysis of data. In its previous comment, the Committee requested the Government to provide information on the mechanisms for the collection and analysis of data on cases of occupational disease. The Committee notes that Government Decision No. 1282 of 2016 on the Approval of the Sanitary Regulation Regarding the Research and Establishment of the Diagnosis of Occupational Disease (intoxication) provides that the investigation of suspected cases of occupational diseases (including poisoning), their registration and reporting, as well as the recommendation of measures to improve working conditions, are the responsibility of the specialists of the public health centres of the National Agency for Public Health. This Agency is a subordinate institute of the Ministry of Health. The Committee also notes that the labour inspection report 2020 does not provide statistics on occupational diseases. According to this report, the delayed or missing communication to the SLI by the employer of the occurrence of the accident itself is an obstacle to the investigation of the circumstances and causes of occupational accidents. The Committee requests the Government to provide further information on the activities of the National Agency for Public Health with regard to the collection and analysis of data on cases of occupational disease, including relevant statistics. It also requests the Government to indicate the measures adopted to ensure coordination and exchange of information between the National Agency for Public Health and the SLI. Furthermore, the Committee requests the Government to provide information on the measures taken to reinforce the application of procedures for the notification of occupational accidents and diseases by employers.

Article 4(3)(h) of Convention No. 187. Support mechanisms for progressive improvement of OSH conditions in micro-enterprises, small and medium-sized enterprises (SMEs) and the informal economy. Noting the absence of information on this point in the Government’s report, the Committee once again requests the Government to indicate whether support mechanisms for the progressive improvement of OSH conditions in micro-enterprises, SMEs and the informal economy have been set up and implemented, and if so, to provide information on the measures taken.

D. National programme

Article 5 of Convention No. 187. Formulation, implementation, monitoring, evaluation and periodic review of a national programme on OSH, in consultation with the most representative organizations of employers and workers. In its previous comment, the Committee urged the Government to pursue its efforts to formulate, adopt and implement a national OSH programme, in consultation with the most representative organizations of employers and workers. The Committee notes that one of the outcomes of Decent Work Country Programme (DWCP) 2016–2020 aimed at improving the capacity of tripartite constituents to effectively implement a gender-sensitive national OSH programme. Noting the absence of information on the progress made in this regard, the Committee once again urges the Government to pursue its efforts to formulate, adopt and implement a national OSH programme, in consultation with the most representative organizations of employers and workers, as required by Article 5(1) of the Convention.

II. Action at the level of the enterprise

Article 20 of Convention No. 155 and Article 4(2)(d) of Convention No. 187. Arrangements to promote, at the level of the enterprise, cooperation between management, workers and their representatives. Micro-enterprises and SMEs. The Committee notes the Government’s reference to section 14(1)(a) of the Law on OSH regarding the employers’ responsibility in providing information and taking protective and preventive measures at the level of the enterprise. It notes, however, that the Government does not provide any specific information concerning micro-enterprises and SMEs. The Committee once again requests the Government to provide specific information on any measures taken or envisaged to further promote OSH with respect to micro enterprises and SMEs.

Application of Conventions Nos 155 and 187 in practice. The Committee previously requested the Government to provide statistical information on the number and nature of contraventions reported and the number, nature and causes of occupational accidents. It also requested the Government to indicate the measures adopted in order to ensure continuous improvement of occupational safety and health in the country. The Committee notes that the statistics contained in the labour inspection report for 2020 include information on the number of controls carried out by OSH inspectors and the number of violations recorded. The labour inspection report also includes breakdowns on sector-based occupational accidents and fatalities as well as information on the causes of accidents. The Committee requests the Government to continue to provide statistical information on the number and nature of the contraventions reported and the number, nature and causes of occupational accidents.

E. Protection against specific risks

Guarding of Machinery Convention, 1963 (No. 119)

Article 1(3) of the Convention. Application of the provisions of the Convention to road and rail vehicles and to mobile agricultural machinery. The Committee previously noted that paragraph 2(e), Chapter I, of the Government Decision No. 130 of 2014 on the approval of Technical Regulations on Industrial Machines, excludes from the scope of its application: tractors and trailers intended for use in agriculture, except machinery mounted thereon; vehicles and their trailers, designed and constructed for use on the road; and means of transport by railroad tracks, except machinery installed thereon.

The Committee notes the Government’s indication that the relevant requirements are contained in OSH-related documents relevant for the activity of the Moldavian Railway Company and other road transport companies. The Government also refers to the provisions of Government Decision No. 603/2011 on minimum safety and health requirements for the use of work equipment by workers at work, which provides requirements applicable to mobile work equipment, self-propelled or not. The Committee requests the Government to provide further details on the provisions of the OSH-related documents that regulate the activity of the Moldavian Railway Company and other road transport companies giving effect to the provisions of the Convention. With regard to the exclusion of means of transport intended for use in the agriculture and forestry sector, the Committee refers to its comment below on Convention No. 184.

Articles 2 and 4. Prohibition of the sale and hire, transfer or exhibition of machinery without appropriate guards. The Committee previously noted that the obligation contained in paragraph 6 of the Technical Regulations on Industrial Machines refers to manufacturers or their authorized agent. The Committee requested the Government to indicate the measures adopted to give effect to Article 4 of the Convention, which provides that the obligation to ensure compliance with the requirements of Article 2 of the Convention shall rest on the vendor, the person letting out on hire or transferring the machinery in any other manner, on the exhibitor and, where appropriate under national laws or regulations, on their respective agents. Noting the absence of information on the matter, the Committee once again requests the Government to indicate the measures taken to give effect to Article 4 of the Convention.

Articles 6 and 11(1). Prohibition of the use of machinery without appropriate guards. Prohibition of a worker from using, or being required to use machinery without the guards provided being in position. Noting the absence of information in the Government’s report, the Committee once again requests the Government to indicate the measures that have been taken or are envisaged to: (i) prohibit the use of machinery, any dangerous part of which, including the point of operation, is without appropriate guard; and (ii) prohibit a worker from using or being required to use machinery without the guards provided being in position.

Article 13. Application to self-employed workers of the obligations of employers and workers contained in Part III of the Convention. Noting the absence of information in this regard, the Committee requests the Government to provide information regarding the application of Article 13 of the Convention.

Application in practice. The Committee notes that, according to the labour inspection report of 2020, the number of accidents, including fatal accidents, in the manufacturing industry is the highest after the public sector, including defence. The labour inspection report also indicates that accidents caused by catching, hitting or crushing of machineries and other equipment is the most common cause of occupational injuries. The Committee requests the Government to continue providing information on the application of the Convention in practice including statistics disaggregated by gender if available, on the number of workers covered by the legislation, the number and nature of the contraventions reported, the number, nature and causes of the accidents reported, and information on any practical difficulties in the application of the Convention.

F. Protection in specific branches of activity

Safety and Health in Agriculture Convention, 2001 (No. 184)

Article 4 of the Convention. National policy on safety and health in agriculture. Consultations with the representative organizations of employers and workers. The Committee previously requested the Government to provide information on the agricultural component of the draft National OSH Strategy and on the consultations held with employers’ and workers’ organizations for the elaboration of the strategy. Noting the absence of information in the Government’s report, the Committee requests the Government to provide information on any development regarding the elaboration of a national OSH strategy, indicating any provisions which specifically concern safety and health in agriculture, and on the manner in which the employers’ and workers’ organizations concerned have been consulted in the elaboration of this strategy.

Article 9. Technical standards. Machinery safety and ergonomics. Manufacturers, importers and suppliers. The Committee previously noted that the Technical Regulations on Industrial Machines do not apply to means of transport intended for use in the agriculture and forestry sector (tractors, trailers, towed machines, etc.). Noting the absence of information in the Government’s report, the Committee once again requests the Government to provide further information on the manner in which it is giving effect to Article 9 with regard to means of transport in the agricultural sector.

Article 11(1). Establishing safety and health requirements for the handling and transport of materials. Following its previous comments, the Committee notes with interest the Government’s indication in its report that the minimum requirements for safety and health at work for manual handling of loads presenting risks to workers was approved by Government Decision No. 584 of 2016. In accordance with section 5, when the manual handling of loads cannot be avoided, the employer must organize the work in such a way that the handling is as safe as possible for the health of workers. The employer is also obliged to evaluate in advance the OSH conditions in which the work is performed, taking into account the elements specified in Annex I, including characteristics of loads (maximum weight for different workers and situations), physical efforts required, characteristics of the working environment, activity requirements and individual risk factors. The Committee takes note of this information, which addresses its previous requests.

Article 12. Appropriate system for the importation, classification, packaging and labelling of chemicals, and adequate information. Disposal of chemical waste. Following its previous comments, the Committee notes that the several provisions of the Law on Chemicals, adopted in 2018, give effect to Article 12 of the Convention. Chapter III provides for the responsibilities and obligations of operators in the supply chain (manufacturers, importers and any other operators), including in particular section 13 (hazardous and risk information on chemical substances and mixtures), section 14 (packaging of chemical substances and chemical mixtures) and section 15 (presentation of information regarding chemicals). Section 31(2) provides that the collection, disposal and packaging of hazardous chemicals shall be carried out in accordance with the Law on waste (adopted in 2016). The Committee also notes that, according to section 46(2) of the Law on Chemicals, the Government shall ensure the gradual establishment of the classification and labeling system and inventory within three years of the entry into force of this Law. The Committee requests the Government to provide information on any development regarding the establishment of a classification and labelling system and inventory, as required by section 46(2) of the Law on Chemicals.

Article 13. Preventive and protective measures for the use of chemicals and handling of chemical waste at the level of the undertaking. The Committee notes that the Government’s report does not contain any information on the law and practice on preventive and protective measures for the use of chemicals and handling of chemical waste at the level of the undertaking. The Committee requests the Government to provide information on the law and practice followed in application of Article 13.

Article 14. Animal handling and protection against biological risks. The Committee previously requested the Government to provide information on progress made in adopting national provisions giving effect to Article 14 of the Convention. Noting the absence of information in this regard, the Committee once again requests the Government to provide information on progress made in adopting national provisions giving effect to Article 14 of the Convention and to supply a copy of these provisions once adopted.

Article 19(b). Minimum accommodation standards for agricultural workers. The Committee once again notes the absence of information on this point. It therefore requests the Government to indicate the legislation or other provisions prescribing minimum accommodation standards for workers who are required by the nature of the work to live temporarily or permanently in the undertaking, and to supply information on consultations held with representative organizations of employers and workers concerned in this regard.

Application in practice. The Committee refers to its comment on the application in practice of the Labour Inspection (Agriculture) Convention, 1969 (No. 129).

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

The Committee notes the information provided by the Government on the provisions in the Law on Occupational Safety and Health of 2008 giving effect to Article 5(e) of the Convention, as well as the information provided, in reply to the Committee’s previous request on Article 12(c), on Government Decision No. 130 approving the Technical Regulations on Industrial Machinery. The Committee regards the Government to continue to provide information on legislative changes and measures undertaken with regard to the Convention.

Article 4 of the Convention. Periodic review of the national policy and situation regarding occupational safety and health. With reference to its previous comment under the Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187), the Committee notes that section 4 of the Occupational Safety and Health Law of 2008 states that the state policy on occupational safety and health is developed and reviewed in consultation with organizations of employers and trade unions, taking account of the international norms in this field and technical progress, and section 5 of the Law outlines areas of action for this policy. In its report submitted under Convention No. 187, the Government indicates, with respect to national policy, that it is in the process of transposing EU Directives related to occupational safety and health, and that this transposition includes the participation of the social partners. The Committee requests the Government to continue to provide information on the formulation and implementation of a coherent national policy on occupational safety and health, and to provide information on measures taken to periodically review this policy, in consultation with the most representative organizations of employers and workers.

Application in practice. 1. General application. The Committee notes with concern the statement in the information note on occupational safety in the workplace, submitted with the Government’s report, that the number of fatal work accidents increased from 2012 to 2013. According to the annual reports of the state labour inspectorate, the number of fatalities due to work accidents rose from 32 in 2012 to 40 in 2013 to 42 in 2014. The Committee also notes that the information note identifies several measures that should be taken in order to continuously improve occupational safety and health in the country, including: the development of institutional capacities of the bodies with responsibilities in occupational safety and health; the focusing of inspection activities on high risk sectors; the promotion of occupational safety and health through the media; and the development of external services that provide assistance on safety and health at work. The Committee requests the Government to provide information on measures taken to improve the application of the Convention in practice, as well as the impact achieved, including statistical information on the number and nature of the contraventions reported and the number, nature and cause of occupational accidents. It also requests the Government to provide information on any measures taken pursuant to the steps identified, in the information note on occupational safety in the workplace, for the continuous improvement of occupational safety and health in the country.

2. Application of the Convention in the manufacturing sector. The Committee notes from the information note on occupational safety in the workplace that, between 2009 and 2014, the sector in which the most workers were injured was the manufacturing sector. The note indicates that in 2013, the state labour inspectorate undertook a campaign in the manufacturing sector to monitor health and safety, and information was published in newspapers related to the assessment of occupational risks in the manufacturing industry. The Committee requests the Government to continue to provide information on the measures taken to address the number of occupational accidents in the manufacturing sector, as well as the impact of those measures.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes with interest the detailed information provided by the Government in its latest report, and the attached documentation, indicating recent legislative amendments giving further effect to the provisions of the Convention, including the Law on Occupational Safety and Health of 10 July 2008, No. 186‑XVI; Regulations on the Procedure of the organization of the activities, aimed at the protection of the employees at the workplace and prevention of the occupational risks, approved by the Decisions of the Government of 5 February 2009, No. 95; Regulations on the organization and functioning of the Committee on Occupational Safety and Health, approved by the Decision of the Government of 5 February 2009, No. 95; and the Code of Offences of 24 October 2008, No. 218 (article 55). The Committee also notes the responses provided indicating effect given to Article 5(b), Article 16(1) and (2), and Article 17 of the Convention. The Committee asks the Government to continue to provide information on legislative measures undertaken with regards to the Convention.

Article 5, subparagraph (e). Protection of workers and their representatives from disciplinary measures. The Committee notes that the Government indicated in its previous report that section 13 of the Labour Protection Law provided protection of workers from disciplinary measures. The Committee notes that the Government’s latest report does not specify measures under the Law on Occupational Safety and Health that provide for these protections. The Committee asks the Government to provide information on measures taken or envisaged to give effect to Article 5(e) of the Convention.

Article 12, subparagraph (c). Measures taken by those who design, manufacture, import, provide or transfer machinery, equipment or substances for occupational use in order to keep abreast of the development of scientific and technology knowledge. The Committee notes the information provided by the Government, as in its previous report, indicating that in accordance with section 229 of the Labour Code, enterprises, buildings and other installations, should be designed, built and used in such a way that they comply with the labour protection requirements and do not constitute a danger to the health and life of workers. The Committee reiterates its request that the Government indicate the measures taken or envisaged to ensure that those who design, manufacture, import, provide or transfer machinery, equipment or substances for occupational use, undertake studies and research or otherwise keep abreast of the scientific and technical knowledge necessary to comply with subparagraphs (a) and (b) of this Article.

Part V of the report form. Application in practice. The Committee requests the Government to give a general appreciation of the manner in which the Convention is applied in the country and attach extracts from inspection reports and, where such statistics exist, information on the number of workers covered by the legislation; the number and nature of the contraventions reported; and the number, nature and cause of accidents reported.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

1. The Committee takes notes of the information provided by the Government in its first report. It requests the Government to provide information on the following points.

2. Article 5, paragraph (b). The main spheres of action to be taken into account by a national policy on occupational safety, occupational health and the working environment. The Committee requests the Government to indicate to what extent the national policy on occupational safety, occupational health and the working environment covers the relationships between the material elements of work and the persons who carry out or supervise the work.

3. Article 12, paragraph (c). Measures taken by those who design, manufacture, import, provide or transfer machinery, equipment or substances for occupational use in order to keep abreast of the development of scientific and technology knowledge. The Committee requests the Government to indicate the studies and research carried out to fulfil the obligations which, by virtue of subsections (a) and (b) of this Article, fall upon those who design, manufacture, import, provide or transfer machinery, equipment or substances for occupational use.

4. Article 16, paragraphs 1 and 2. Obligation of employers to ensure the safety and health of workers in the workplace. The Committee requests the Government to indicate the legal provisions imposing upon employers the obligation to ensure that the workplaces, machinery, equipment and processes, as well as the chemical, physical and biological substances and agents under their control are without risk to the health and safety of the workers.

5. Article 17. Obligation of undertakings to collaborate whenever two or more are engaged in activities simultaneously at one workplace. The Committee requests the Government to indicate the legal provisions which establish the obligation of undertakings to collaborate in applying the requirements of the present Convention when two or more undertakings engage in activities simultaneously at one workplace.