Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

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

Article 2(1) of the Convention. Continuous improvement of occupational safety and health (OSH) by the development, in consultation with the most representative organizations of employers and workers, of a national policy, national system and national programme. Article 3. Formulation of a national policy. The Committee notes from the Government’s report that, since its independence, the Republic of Moldova has made constant efforts to modernize the OSH national system and that the country is engaged in a process of transposing relevant European directives into legislation and practice. In particular, following the implementation of the Directive 89/391/EEC, Law No. 186-XVI on health and safety at work of 2008 (the Occupational Safety and Health Law (the OSH Law)), which takes into account the Occupational Safety and Health Convention, 1981 (No. 155), and the revised European Social Charter, has been adopted. The OSH Law proposes a new preventative approach to health and safety at work. The Government also refers to the Labour Code, amended after the adoption of the OSH Law, several governmental decisions further implementing this Law, and the adoption of the Contravention Code in 2008, which introduces sanctions for violations of legal norms on health and safety at work. The Committee also notes that section 4 of the OSH Law provides for the development of a national policy on safety and health at work in consultation with the social partners. Nevertheless, according to the Government, there are no policy documents which are exclusively related to health and safety at work; the National Health Policy approved by Government Decision No. 886 of 6 August 2006, only partially concerns safety and health matters; and section 68 of the Policy provides for strengthening the legal framework regarding occupational hygiene. The Committee further notes from the Government’s report, that an important instrument of social partnership on health and safety at work is the consultation and collective bargaining committees at national, branch and territorial levels, as well as employer–worker social dialogue committees at the unit level. Under Law No. 245-XVI of 2006, the objectives of the National Commission for negotiations and collective bargaining, branch committees and regional committees include tripartite consultations on issues related to labour and socio-economic matters. In accordance with section 5 of this Law, draft legislation in the labour and socio-economic field is necessarily coordinated with the National Commission and the Commission’s opinion is mandatory. The Committee requests the Government to continue to provide any relevant information in respect of the application of these provisions of the Convention, including any developments concerning the elaboration of national policy, as well as consultations with the social partners on OSH and the results achieved.

Article 2(3). Measures that could be taken, in consultation with social partners, to ratify relevant OSH Conventions. The Committee notes that no information has been provided in relation to paragraph 3 of this Article of the Convention. The Committee asks the Government to indicate whether periodic consideration has been given to measures that could be taken to ratify relevant OSH Conventions of the ILO and the outcome of the consultations held with the social partners in this respect.

Article 4(1). Establish, maintain, progressively develop and periodically review a national OSH system in consultation with the social partners. The Committee asks the Government to provide further information on the measures taken to periodically review the national OSH system, and on the outcome of the consultations held with the social partners in this regard.

Article 4(2)(d). Arrangements to promote, at the level of the undertaking, cooperation between management, workers and their representatives. The Committee notes the detailed information in the Government’s report on the operation and the functions of OSH committees and OSH representatives. The Committee asks the Government to indicate how this cooperation applies to micro-enterprises and small and medium-sized enterprises (SMEs), and to provide information on the functioning of this cooperation at the level of the undertaking in practice.

Article 4(3)(d). Occupational health services. The Committee notes from the Government’s report 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 and more (section 234 of the Labour Code) and a medical service in enterprises with 300 workers and more (section 235 of the Labour Code). The Committee requests the Government to provide information on whether there is any kind of occupational health services provided to undertakings with less than 50 workers.

Article 4(3)(e). Research on occupational health. The Committee requests the Government to indicate the arrangements, if any, 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 from the Government’s report that the state supervision services on public health has the responsibility to collect and systematically evaluate data on determinants of injuries. The Committee asks the Government to indicate the manner in which data on occupational injuries and diseases is collected and analysed, taking into account relevant ILO instruments for the collection and analysis of data.

Article 4(3)(h). Support mechanisms for progressive improvement of OSH conditions in micro-enterprises, SMEs and in the informal economy. The Committee asks 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 to provide any useful information in this regard.

Article 5(1). Formulation, implementation, monitoring, evaluation and periodical review of a national programme on OSH, in consultation with the most representative organizations of employers and workers. The Committee notes that, according to the Government, a draft national OSH programme was developed, with the support of the ILO, for the period 2012–16, on the basis of a national OSH profile drawn up with the technical assistance of the ILO in 2011. It notes, however, that this draft programme has not yet been approved. The Committee asks the Government to keep the Office informed of any developments related to the adoption and implementation of the draft national OSH programme.

Part V of the report form. Application in practice. The Committee notes the Government’s preoccupation regarding a lack of training institutions for OSH specialists and the lack of human resources within the labour inspectorate. The Committee asks the Government to continue to provide any relevant information in relation to the application in practice of this Convention.