Observation (CEACR) - adoptée 2020, publiée 109ème session CIT (2021)

Convention (n° 152) sur la sécurité et l'hygiène dans les manutentions portuaires, 1979 - République de Moldova (Ratification: 2007)

Legislative and regulatory framework implementing the Convention. In its previous comments, while noting the Occupational Health and Safety Act (RM No. 186-XVI of 10 July 2008) and the Safety Rules for Work on Board Inland Navigation Vessels, the Committee requested the Government to specify the legislation and regulatory provisions giving effect to each Article of the Convention. The Government states that under section 20 of Act No. 595/1999 on the international treaties of the Republic of Moldova, the provisions of international treaties which, in line with their formulation, may be applied without the adoption of special normative acts, are enforceable and directly applicable in the judicial system of the Republic of Moldova. According to the Government, in so far as the Ministry of Economy and Infrastructure approved, on 18 December 2018 through Ordinance No. 604, the checklists for the control areas of the Naval Agency, including the checklist for the safety and security of operations in the port area, Articles 9(1) and (2); 10(1); 11(1) and (2); 12; 13(1), (2) and (4); 15; 16; 17(1); 18(1), (2), (3) and (4); 22; 23; 24; 27 and 38 of the Convention are directly applicable. The Government also specifies that the measures aimed at ensuring the proper application of those Articles of the Convention are at the approval stage. While noting the Government’s indication that a certain number of Articles of the Convention are directly applicable under Ordinance No. 604 in question, the Committee notes that, broadly speaking, the information provided in the report remains insufficient in as much as it still does not enable the Committee to examine the effect given to various provisions of the Convention. The Committee recalls the need to provide more precise information by specifying the provisions of the law or national regulations that give effect to each Article of the Convention. The Committee trusts that the government will take all necessary steps to provide such information in its next report, including information on measures to ensure the proper implementation of the Articles of the Convention referred to by the Government. In this regard, the Committee refers to the list of provisions below on which it requests further information regarding the measures taken for their implementation.

Furthermore, given its importance, the Committee requested the Government to transmit a copy of the Giurgiulesti International Free Port Port Rules, and any standards or rules applicable to employers and workers. In this regard, the Committee notes the Government’s indication that the Naval Agency is developing a set of regulations at departmental level, including the rules on the Giurgiulesti Port complex and the rules for captains of Giurgiulesti Port. The Committee requests the Government to provide a copy of these rules, if possible in one of the languages of the Office.

Article 1 of the Convention. Dock work. In its previous comments, the Committee asked the Government to provide information on the manner in which the employers’ and workers’ organizations concerned were consulted in establishing the definition of “dock work”. The Committee notes the Government's indication that, to date, no port employers' organization has been established. The Government specifies that, in accordance with Act No. 239/2008 on the transparency of decision-making processes, public consultation is mandatory throughout the formulation and adoption process for technical regulations, or any other legislative Act. The Committee hopes that, in the future, the Government will be able to indicate the manner in which the workers’ organizations concerned and, where relevant, the employers’ organizations, are consulted on or otherwise participate in the establishment and revision of “dock work”.

Article 5(1). Responsibility for compliance with the measures referred to in Article 4(1). In its previous comments, the Committee noted the Government’s indication that section 10(1) of the Occupational Safety and Health Act provides that the employer shall take the necessary measures to protect the health and safety of workers, and requested the Government to provide further information on the national laws or regulations which make appropriate persons responsible for compliance with all of the measures referred to in Article 4 of the Convention. The Committee notes the Government’s indication that the Occupational Safety and Health Act is implemented through Governmental decision No. 95 of 5 February 2009. The Committee requests the Government to provide a copy of Governmental decision No. 95 of 5 February 2009, indicating the relevant provisions which make appropriate persons responsible for compliance with all of the measures referred to in Article 4 of the Convention.

Article 6(1). Measures to ensure the safety of dockworkers. The Committee notes the Government’s indication that the monitoring functions relating to safety in the Giurgiulesti Port complex currently fall to the Naval Agency, which has planned to lead periodic safety information campaigns in the port area. The Committee requests the Government to provide information concerning the periodic safety information campaigns led in all the country’s dock work.

Article 7(2). Provisions for close collaboration between employers and workers. The Committee previously noted the establishment of a trade union committee to give effect to the provisions of the Convention. The Committee notes that, in its previous report, the Government nevertheless indicates that a trade union committee for employees in the Giurgiulesti Port complex has still not been set up. The Committee requests the Government to provide information on the trade union committees or any other mechanism in place in the country’s ports, including the Giurgiulesti Port, to ensure the full collaboration and consultation of employers and workers in the application of the measures set forth in Article 4(1) of the Convention.

Article 14. Installation, construction, operation and maintenance of electrical equipment. The Committee notes the indication that, in accordance with Act No. 174 on energy of 21 September 2017, the National Agency for Energy Regulation, as the body responsible for oversight of national energy, is tasked with formulating and approving the regulations on the operations of power stations, electricity networks and end users’ electrical installations. In this respect, in 2019, the National Agency published on its website the draft operating rules for electrical installations and the draft safety rules for the operation of electrical installations in order to submit them for public consultation. The Committee requests the Government to keep it informed of the entry into force of this new regulatory framework and to specify the main provisions giving effect to this Article of the Convention.

Article 15. Adequate and safe means of access to the ship during loading or unloading. The Committee notes the indication that in the Giurgiulesti Port complex, handrails, special access passageways, and stairways joined with the various levels guarantee access to the ships. The Committee requests the Government to continue providing information on the measures taken to ensure in all the country’s ports means of access guaranteeing safety when a ship is being loaded or unloaded alongside a quay or another ship.

Article 16. Safe transport to or from a ship or other place by water, safe embarking and disembarking, and safe transport to or from a workplace on land. The Committee notes the indication that the Naval Agency is developing a set of measures at departmental level, including regulations regarding the Giurgiulesti Port complex, which will contain the relevant provisions on safe transport in the port area and in the maritime area around the port. Once approved in line with the legal procedures, these regulations will be transmitted by the Government to the Office. The Committee requests the Government to provide a copy of the regulations once adopted and to specify the main measures giving effect to this Article of the Convention.

Article 17. Access to the hold or deck of a vessel. The Committee notes the indication that the Naval Agency is looking into the possibility of developing technical regulations on alternative means of access, as stipulated under Article 17(1)(b). The Committee requests the Government to report on all new developments in this regard and hopes that it will be in a position to indicate the manner in which the competent authority determines the acceptability of the means of access to the hold or deck of a vessel, thereby giving full effect to this Article of the Convention.

Article 34. Provision and use of personal protective equipment. Care and maintenance of personal protective equipment and clothing. The Committee notes the Government’s indication that personal protective equipment and clothing is required for all workers involved in cargo handling operations in ports, port construction work and other work requiring a physical presence in the operational port area. The Committee also notes the indication that the Naval Agency is developing a set of regulations for ports. The Committee requests the Government to specify the legislative or regulatory text establishing the circumstances in which the provision and proper maintenance by the employer of personal protective equipment and clothing, and the proper use and care by workers of such equipment and clothing, is required. In the absence of such a text, the Committee encourages the Government to take the measures necessary to enable the Naval Agency to adopt a regulatory text in order to give full effect to this Article of the Convention.

Article 38(1). Provision of adequate training and instruction. The Committee notes the indication that the dockworkers in the inland port of Ungheni and all residents (economic agents) of Giurgiulesti International Free Port must, on a monthly basis or whenever appropriate, take classes and test their knowledge regarding their functions and the equipment used. The Committee requests the Government to specify the content of the classes referred to in the ports of Ungheni and Giurgiulesti, and to indicate to what extent prior training and instruction relating to risks and precautions to be taken are made available to workers employed in dock work in the country.

In the absence of information on their application, the Committee once again requests the Government to specify the measures taken or envisaged, in law or in practice, to give full effect to the following provisions of the Convention:

• - Article 6(2). Consultation of workers concerning working procedures.
• - Article 7(1). Provisions under which the competent authority consults the organizations of employers and workers concerned.
• - Article 8. Measures to protect workers from health risks other than dangerous fumes.
• - Article 9. Safety measures with regard to lighting and marking of dangerous obstacles.
• - Article 10. Maintenance of surfaces used for vehicle traffic or stacking of goods in safe conditions.
• - Article 11. Width of passageways for pedestrians and of passageways for cargo-handling appliances.
• - Article 12. Suitable and adequate means for fighting fire.
• - Article 13(1) to (3) and (5) to (6). Effective guarding of all dangerous parts of machinery, possibility of cutting off the power to machinery in an emergency, protective measures during cleaning, maintenance or repair work and adequate precautions if any guard is removed.
• - Article 19. Protection around openings and decks.
• - Article 20. Safety measures when power vehicles operate in the hold; hatch covers secured against displacement; ventilation regulations; and safe means of escape from bins or hoppers when dry bulk is being loaded or unloaded.
• - Article 21. Design of lifting appliances, loose gear and lifting devices.
• - Article 22(3) and (4). Retesting of shore-based lifting appliances and certification of lifting appliances and items of loose gear.
• - Article 24. Inspection of loose gear and slings.
• - Article 25. Registers of lifting appliances and loose gear.
• - Article 26. Mutual recognition of arrangements for testing and examination.
• - Article 31. Operation and layout of freight container terminals and organization of work in such terminals.
• - Article 32. Handling, storing and stowing of dangerous substances; compliance with international regulations for transport of dangerous substances; and prevention of worker exposure to dangerous substances or atmospheres.
• - Article 35. Removal of injured persons.
• - Article 36(3). Medical examinations to be carried out free of cost to the worker and confidentiality of the records of medical examinations.
• - Article 37. Safety and health committees.
• - Article 38(2). Minimum age for operating lifting appliances and other cargo-handling appliances.
• - Article 39. Notification of occupational accidents.
• - Article 40. Regulations concerning suitable sanitary and washing facilities.
• - Article 41. Assigned duties in respect of occupational safety and health, and appropriate penalties.

Part V of the report form. Application of the Convention in practice. The Committee notes the Government’s indication that the Convention is partially implemented with the participation of several administrative bodies such as: the Naval Agency, responsible for monitoring occupational safety in the Giurgiulesti Port complex; the National Labour Inspectorate, in charge of investigating occupational accidents and formulating recommendations regarding occupational safety; the line ministries, which ensure inclusive public consultation with the dockworkers and transparency of the decision-making process; and the economic agents responsible for the periodic training and skills assessment pertaining to occupational safety and health in the port area. The Committee requests the Government to continue providing information on the manner in which the Convention is applied in the country and, in particular, to provide information on the number of dockworkers protected by the legislation, the number and nature of the violations reported, and the number of industrial accidents and cases of occupational disease reported.

Legislative and regulatory texts giving effect to the Convention. In general, the Committee notes that the Government has not provided copies of the legislative and regulatory texts giving effect to the Convention mentioned in its report. Referring to its previous comments, the Committee requests the Government to provide copies of the texts mentioned and any other relevant texts relating to safety and health in dock work, in particular the Safety Rules for Work on board inland navigation vessels (referred to in its previous reports), Ordinance No. 604, approved on 18 December 2018 by the Ministry of Economy and Infrastructure, Governmental decision No. 95 of 5 February 2009 on the implementation of the Occupational Safety and Health Act, and the other regulatory texts being developed mentioned in the present comment, where possible in one of the working languages of the Office.

[The Committee requests the Government to reply in full to the present comments in 2024.]