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

Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187) - Republic of Moldova (Ratification: 2010)

Article 2(3) of the Convention. Measures that could be taken, in consultation with social partners, to ratify relevant OSH Conventions. The Committee notes the Government’s statement that the Occupational Health Services Convention, 1985 (No. 161), is being targeted by the Ministry of Health for the preparation of ratification. The Government states that the social partners have been actively involved in this process. The Committee requests the Government to continue to provide information on the consideration, in consultation with the social partners, of the ratification of relevant OSH Conventions of the ILO, including Convention No. 161.

Article 3(1). Formulation of a national policy. The Committee requests the Government to refer to its comments under Article 4 of the Occupational Safety and Health Convention, 1981 (No. 155).

Article 4(1). Establish, maintain, progressively develop and periodically review a national OSH system in consultation with the social partners. The Committee notes the Government’s statement that the establishment, maintenance and progressive development of the national system of OSH is done through the transposition of EU Directives on OSH, and that each transposition involves the participation of the social partners. The Committee also notes the statement in the information note on occupational safety in the workplace for the years 2013 and 2014, submitted with the Government’s report, that certain measures are needed to continuously improve OSH, including: the development of institutional capacities of the bodies with responsibilities in OSH; the improvement of the legal framework in relation to social security for workers at risk of injury or illness; the transposition into national legislation of the EU Directives in the field of OSH; and the establishment of an accreditation system for external services on prevention and protection. The Committee requests the Government to continue to take measures to progressively develop a national system of OSH, in consultation with the social partners. It requests the Government to provide information on steps taken in that regard, including measures to implement the action identified, in the information note on occupational safety in the workplace, as being necessary for the continuous improvement of occupational safety.

Article 4(2)(d). Arrangements to promote, at the level of the undertaking, cooperation between management, workers and their representatives. The Committee previously noted the information provided by the Government on the operation and functions of OSH committees and OSH representatives, and requested information on arrangements for cooperation in micro-enterprises and small and medium-sized enterprises (SMEs).

The Committee notes that one of the measures recommended in the information note on occupational safety in the workplace is the continuous development of the social partners’ capacity and the promotion of social partnership in OSH in economic units. The Committee requests the Government to provide information on measures taken to further promote, at the level of the undertaking, cooperation between management, workers and their representatives on OSH, including measures taken with respect to micro enterprises and SMEs.

Article 4(3)(d). Occupational health services. The Committee previously noted the Government’s indication that occupational health services are provided by the state supervision services under the Ministry of Health, but that the employer is also responsible for setting up labour protection services in undertakings with 50 workers or more (pursuant to section 234 of the Labour Code) and a medical service in enterprises with 300 workers or more (pursuant to section 235 of the Labour Code).

The Committee notes the information provided by the Government on the monitoring activities undertaken in order to verify that occupational health services are provided in enterprises, including the number of enterprises checked. The Committee requests the Government to provide information on whether occupational health services are provided in undertakings with less than 50 workers.

Article 4(3)(e). Research on occupational health. Noting an absence of information on this point in the Government’s report, the Committee once again requests the Government to provide information on measures taken to carry out research on occupational health.

Article 4(3)(f). Mechanism for the collection and analysis of data on occupational injuries and diseases, taking into account relevant ILO instruments. The Committee notes that pursuant to section 225 of the Labour Code and section 13 of the Law on Occupational Safety and Health of 2008, an employer is required to ensure communication, investigation, record-keeping and reporting of work accidents and occupational diseases at an enterprise. The Regulation on the investigation of work accidents of 2005 provides that an employer must immediately notify the labour inspectorate about work accidents and ensure their investigation, and report annually on all work accidents to the authority responsible for statistics. In this regard, the Committee notes the statistical information concerning occupational accidents, including the cause of accidents and the sectors in which they occur, provided in the information note on occupational safety in the workplace, as well as the activity reports of the State Labour Inspectorate, submitted under the Labour Inspection Convention, 1947 (No. 81). The Committee requests the Government to provide further information on the mechanisms for the collection and analysis of data on cases of occupational disease.

Article 4(3)(h). Support mechanisms for progressive improvement of OSH conditions in micro-enterprises, SMEs and in the informal economy. Noting an 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 in the informal economy have been set up and implemented, and if so, to provide information on the measures taken.

Article 5. Formulation, implementation, monitoring, evaluation and periodic review of a national programme on OSH, in consultation with the most representative organizations of employers and workers. The Committee previously noted the Government’s indication that it was developing a National OSH programme for 2012–16, on the basis of a national OSH profile drawn up with the technical assistance of the ILO in 2011.

The Committee notes the Government’s statement that while the development of the national programme on OSH was an important step, the programme has not yet been approved, due to negative views expressed from relevant institutions and social partners. The Government indicates that the draft programme has been modified and it intends to apply this programme for the years 2015–18. The Committee 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. It requests the Government to provide information on the measures taken in this regard, including on the organizations of employers and workers that have been consulted, and the outcome of those consultations. It also requests the Government to provide information, in its next report, on the manner in which the elements outlined in Article 5(2)(a)–(e) are reflected in the national programme, once adopted.