Guarding of Machinery Convention, 1963 (No. 119) - Republic of Moldova (RATIFICATION: 2003)

CMNT_TITLE

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).

CMNT_TITLE

The Committee notes the adoption of Government Decision No. 130 on the Approval of the Technical Regulation on Industrial Machines, which entered into force on 21 February 2014.

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 notes that pursuant to paragraph 2(e) of Chapter I, the Technical Regulation does not apply to: 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 recalls that, according to Article 1(3) of the Convention, the provisions of this Convention apply to road and rail vehicles during locomotion in relation to the safety of the operator, and to mobile agricultural machinery in relation to the safety of workers employed in connection with such machinery. The Committee requests the Government to provide information on measures taken to ensure the effective application of the Convention to road and rail vehicles during locomotion (in relation to the safety of the operator), and to mobile agricultural machinery in relation to the safety of workers employed in connection with such machinery.

Articles 2 and 4. Prohibition of the sale and hire, transfer or exhibition of machinery without appropriate guards. The Committee notes the Government’s statement that paragraph 6 of Chapter III of the Technical Regulation on Industrial Machines provides that, prior to the placing on the market and/or putting into service a machine, its manufacturer or his authorized representative shall make sure that the machines meet the essential health and safety requirements which are set out in Annex No. 1 of the Technical Regulation. It notes that paragraph 80 of Annex No. 1 of the Technical Regulation provides that the moving parts of machinery must be designed and constructed in such a way as to prevent risks of contact which could lead to accidents or must, if the risks persist, be fitted with safety devices or protective devices. Noting that the obligation contained in paragraph 6 of the Technical Regulation refers to manufacturers or his authorized agent, the Committee recalls that, pursuant to Article 4 of the Convention, 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. The Committee requests the Government to provide additional information on the measures taken to give effect to Article 4 of the Convention.

Article 6. Prohibition in national laws and regulations of the use of machinery without appropriate guards. The Committee requests the Government to indicate the measures that have been taken or are envisaged in order to prohibit, in accordance with the Convention, the use of machinery, any dangerous part of which, including the point of operation, is without appropriate guards.

Article 11(1). Measures to prohibit a worker from using, or being required to use machinery without the guards provided being in position. The Committee requests the Government to provide information on the measures taken or envisaged to give effect to Article 11(1) of the Convention, in order to ensure that no worker may be required to use any 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. The Committee requests the Government to provide information regarding the application of this provision of the Convention.

Application in practice. The Committee notes the information submitted with the Government’s report, indicating that the manufacturing industry has the highest number of serious and fatal work accidents, and that the labour inspectorate carried out a campaign in this industry to address this. Measures taken by inspectors with respect to prevention resulted in the substitution of certain dangerous equipment with less dangerous equipment, as well as providing technical equipment with protective devices. The statistical information provided by the Government indicates that the second most common type of occupational accident involved machinery (after falls from heights). The Committee requests the Government to continue to provide information on the application of the Convention in practice including, for instance, extracts from official reports with 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.

CMNT_TITLE

The Committee notes the information provided by the Government in its latest report, including responses indicating further effect given to Article 10 of the Convention.

Article 1. Measures to consider as machinery all power-driven new or second-hand machines. Article 3. Non-application of the prohibition established in Article 2 because of construction or installation of machinery ensuring their safe use. Article 4. Establishment of the obligation of the vendor, the person setting out on hire or transferring the machinery in any other manner, or the exhibitor. Article 6. Prohibition by national legislation of the use of machinery any dangerous part of which is without appropriate guards. Article 8. Non-application of the prohibition established in Article 6 because of construction or installation of machinery ensuring its safe use. The Committee notes that, in its latest report, the Government again refers to ongoing legislative changes intended to give effect to these Articles of the Convention. The Committee reiterates its hope that the legislative changes referred to will soon be completed; and requests the Government to keep the Committee informed of any progress in this respect, and to transmit copies of relevant legislation as soon as they have been adopted.

Article 2, paragraphs 1 and 2. Prohibition of the sale and hire, transfer or exhibition of machinery without appropriate guards. The Committee notes that, with respect to the application of this Article, the Government again refers to general requirements in Act No. 749 of 23 February 1996 concerning domestic trade and the prohibition for any commercial body to buy or sell goods that could endanger the life or health of users. Noting that the legislative provisions referred to are too general to give effect to paragraphs 1 and 2 of this Article, the Committee reiterates its request that the Government provide additional information on legislative measures taken to give effect to these provisions.

Article 2, paragraphs 3 and 4. Prescriptions regarding the design of machinery. With respect to the application of paragraphs 3 and 4 of this Article, the Government again refers to general requirements in Act No. 749 of 23 February 1996 concerning domestic trade and the prohibition for any commercial body to buy or sell goods that could endanger the life or health of users. Reference is again also made to provisions in the System of Standards for Occupational Safety and Health but this text is not available to the Committee and its legislative status is unclear. Noting that the provisions referred to in Act No. 749 of 23 February 1996 are too general to give effect to these paragraphs, and that the System of Standards for Occupational Safety and Health is not available, the Committee reiterates its request that the Government provide additional information on legislative measures taken to give effect to the provisions in paragraphs 3 and 4 of this Article and to submit a copy of the System of Standards for Occupational Safety and Health.

The Committee also notes that the Government has not provided any supplementary information, as requested in the Committee’s previous comments, on measures taken to give effect to the following provisions of the Convention:

–      Article 11(1) – measures to prohibit a worker from using, or being required to use machinery without the guards provided being in position;

–      Article 13 – application of measures taken to apply the Convention to self-employed workers; and

–      Article 14 – whether the term “employer” also includes a prescribed agent of the employer as provided in this Article.

Part V of the report form. Application in practice. The Committee requests the Government to provide a general appreciation of the manner in which the Convention is applied in practice including, for instance, extracts from official reports with 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, etc., and information on any practical difficulties in the application of the Convention.

CMNT_TITLE

1. The Committee notes the information provided by the Government in its first report.

2. Article 1 of the Convention. Measures to consider as machinery all power-driven new or second-hand machines; Article 3. Non-application of the prohibition established in Article 2 because of construction or installation of machinery ensuring their safe use; Article 4. Establishment of the obligation of the vendor, the person setting out on hire or transferring the machinery in any other manner, or the exhibitor; Article 6. Prohibition by national legislation of the use of machinery any dangerous part of which is without appropriate guards; and Article 8. Non-application of the prohibition established in Article 6 because of construction or installation of machinery ensuring its safe use. The Committee notes that in its report the Government refers to ongoing legislative changes intended to give effect to these Articles of the Convention. The Committee hopes that the legislative changes referred to will soon be completed, requests the Government to keep the Committee informed of any progress in this respect and to transmit copies of relevant legislation as soon as they have been adopted.

3. Article 2, paragraphs 1–2. Prohibition of the sale and hire, transfer or exhibition of machinery without appropriate guards. The Committee notes that with respect to the application of this Article, the Government refers to general requirements in Act No. 749 of 23 February 1996 concerning domestic trade and the prohibition for any commercial body to buy or sell goods that could endanger the life or health of users. Noting that the legislative provisions referred are too general to give effect to paragraphs 1 and 2 of this Article, the Committee requests the Government to provide additional information on legislative measures taken to give effect to these provisions.

4. Article 2, paragraphs 3–4. Prescriptions regarding the design of machinery. With respect to the application of paragraphs 3–4 of this Article, the Government again refers to general requirements in Act No. 749 of 23 February 1996 concerning domestic trade and the prohibition for any commercial body to buy or sell goods that could endanger the life or health of users. Reference is also made to provisions in the System of Standards for Occupational Safety and Health but this text is not available to the Committee and its legislative status is unclear. Noting that the provisions referred to in Act No. 749 of 23 February 1996 are too general to give effect to these paragraphs, and that the System of Standards for Occupational Safety and Health is not available, the Committee requests the Government to provide additional information on legislative measures taken to give effect to the provisions in paragraphs 3–4 of this Article and to submit a copy of the System of Standards for Occupational Safety and Health.

5. The Committee requests the Government to provide supplementary information on measures taken, including adopting relevant legislation, to give effect to the following provisions of the Convention:

–      Article 10 – measures establishing the employers’ obligation to bring relevant national legislation to the notice of workers;

–      Article 11 – measures to prohibit the use of machinery without the guards provided being in position or to make guards inoperative;

–      Article 13 – application of measures taken to apply the Convention to self-employed workers;

–      Article 14 – whether the term “employer,” also includes a prescribed agent of the employer as provided in this Article.