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

Safety and Health in Agriculture Convention, 2001 (No. 184) - Republic of Moldova (Ratification: 2002)

Article 4 of the Convention. National policy on safety and health in agriculture. Consultations with the representative organizations of employers and workers. The Committee notes from the Government’s report that among other actions envisaged to enhance occupational safety and health (OSH) in the country, the Government refers to the elaboration of a National OSH Strategy, designed for a period of three to four years, and its implementing plan of actions. The Committee requests the Government to provide information on provisions contained in the draft National OSH Strategy which specifically concern safety and health in agriculture, and on the manner in which the employers’ and workers’ organizations concerned were consulted in the elaboration of this strategy.

Article 9. Technical standards. Machinery safety and ergonomics. Manufacturers, importers and suppliers. In reply to the Committee’s previous request for information on the effect given to this Article of the Convention, the Government refers to Government Decision No. 603 of 11 August 2011 on minimum safety and health requirements for the use of work equipment which is applicable to all workers, including agricultural workers. The Committee notes in particular that Annexes 2 and 3 to the Decision set out a number of requirements regarding the installation, use, maintenance and safeguard of machinery and equipment, including personal protective equipment. It further notes the Government’s reference to Government Decision No. 138 of 10 February 2009 approving technical regulations, which also lays down rules regarding personal protective equipment, and to Government Decision No. 130 of 21 February 2014 approving technical regulations on industrial machinery which sets out requirements for the design, construction and placing on the market of machinery. It also notes that this latter Decision does not apply to means of transport intended for use in the agriculture and forestry sector (tractors, trailers, towed machines, etc.). The Committee requests the Government to provide further information on the manner in which it is giving effect to Article 9 as regards means of transport in the agricultural sector.

Article 11(1). Establishing safety and health requirements for the handling and transport of materials. The Committee notes the Government’s indication that the Ministry of Labour, Social Protection and Family is currently elaborating a draft Government Decision to transpose European Union Council Directive 90/269/EEC of 29 May 1990 on the minimum health and safety requirements for the manual handling of loads where there is a risk particularly of back injury to workers. It adds that the Act is due to enter into force in 2015 or 2016. The Committee draws the attention of the Government to the fact that the safety and health requirements envisaged in Article 11(1) of the Convention shall be based on risk assessment, technical standards and medical opinion, and established after consultation of the representative organizations of employers and workers concerned. The Committee requests the Government to transmit a copy of the Government Decision once it has been adopted and to provide information on the consultations carried out with the representative organizations of employers and workers concerned.

Article 12. Appropriate system for the importation, classification, packaging and labelling of chemicals, and adequate information. Disposal of chemical waste. The Committee notes the Government’s reference to Government Decision No. 324 of 30 May 2013 approving the sanitary regulations on occupational safety and health ensuring the protection of workers from risks due to chemical agents at the workplace. However, the Committee notes that while this Decision sets out general obligations for employers to assess, prevent and protect workers against risks due to chemical agents, it does not seem to contain provisions which would give effect to Article 12 of the Convention. In this respect, the Committee recalls that Article 12 provides for the institution of a national system establishing criteria for the importation, classification, packaging and labelling of chemicals used in agriculture, and for their banning or restriction; adequate and appropriate information to the users; and the establishment of a system for the safe collection, recycling and disposal of chemical waste. Therefore, the Committee requests the Government to provide information on the manner in which effect is given to Article 12 of the Convention, as regards:

• -the establishment of a national system specifying the criteria for the importation, classification, packaging and labelling of chemicals used in agriculture and for their banning or restriction (Article 12(a));
• -the obligation of those who produce, import, provide, sell, transfer, store or dispose of chemicals used in agriculture to comply with national safety and health standards and to provide adequate and appropriate information to the users in the appropriate official language of the country and, on request, to the competent authority (Article 12(b)); and
• -the establishment of a suitable system for the safe collection, recycling and disposal of chemical waste, obsolete chemicals and empty containers of chemicals (Article 12(c)).

Article 13. Preventive and protective measures for the use of chemicals and handling of chemical waste. The Committee notes the information provided by the Government in reply to its previous comment regarding the effect given to Article 13 of the Convention on preventive and protective measures for the use of chemicals and handling of chemical waste. The Committee requests the Government to continue to provide information in relation to the law and practice in relation thereto.

Article 14. Animal handling and protection against biological risks. The Committee notes the Government’s indication that effect will be given to this Article of the Convention through the transposition of Directive 2000/54/EC of the European Parliament and of the Council of 18 September 2000 on the protection of workers from risks related to exposure to biological agents at work and Commission Directive 91/322/EEC of 29 May 1991 on establishing indicative limit values by implementing Council Directive 80/1107/EEC on the protection of workers from the risks related to exposure to chemical, physical and biological agents at work. The transposition of these directives is planned for 2016. The Committee requests the Government to provide information on progress made in adopting national provisions which give effect to Article 14 of the Convention and to supply a copy of these provisions once they have been adopted.

Article 19(b). Minimum accommodation standards for agricultural workers. In the absence of the Government’s reply on this point, the Committee once again requests the Government to indicate the legislation or other provisions prescribing the 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 notes the detailed information provided by the Government regarding inspections visits carried out by the State Labour Inspectorate in 2013–14 and the results thereof. It notes in particular that according to national statistics, 8 per cent of the workers in the country are employed in conditions which do not meet OSH standards and are thus exposed to heat; noise or vibration levels above maximum exposure limits; gas, dust and other air impurities in high concentrations; and increased air humidity, etc. Furthermore, the Committee takes note of the statistical data provided by the Government concerning work-related accidents reported between 2009 and 2012. In this regard, it notes that the agricultural sector is still among high-risk sectors with 138 occupational accidents and 30 fatalities reported between 2009 and 2013. The Committee further notes that in general, injuries sustained are caused by falls, accidents due to machines and tools or falling objects. Finally, the Committee notes the Government’s indication that investigation of work-related accidents by the Labour Inspectorate is still hindered by delays in or lack of reporting of such occurrences by employers. The Committee requests the Government to continue to provide information on the manner in which the Convention is applied in practice, including information on the number of agricultural workers covered by the legislation, on activities carried out by the State Labour Inspectorate (monitoring and investigation of accidents) and the results thereof, and on the number, nature and causes of work-related accidents and cases of occupational diseases reported in the agricultural sector. It also requests the Government to supply specific information on measures, taken or envisaged, to ensure that work-related accidents are duly and timely reported and to address the causes of such accidents.