Observation (CEACR) - adopted 2018, published 108th ILC session (2019)

Occupational Safety and Health (Dock Work) Convention, 1979 (No. 152) - Republic of Moldova (Ratification: 2007)

The Committee notes with regret that the Government’s report has not been received. It is therefore bound to repeat its previous comments initially made in 2014.

Repetition

Legislation. The Committee notes the information provided in the Government’s report on the effect given to the Convention. It takes due note of the Occupational Health and Safety Act (RM No. 186-XVI of 10 July 2008) (hereinafter, the OSH Act) as well as the Safety Rules for Work On-Board Inland Navigation Vessels, on the Operation of the Vessel’s Lifeboats and Lifesaving Equipment (hereinafter, the Safety Rules for Work On-Board Inland Navigation Vessels) referenced by the Government. However, it notes that the Government has not provided the specific legislation and regulatory provisions giving effect to the Convention. The Committee asks the Government to indicate, in its next report, the relevant provisions giving effect to each Article of the Convention and to communicate the text of these provisions, as well as a copy of the Safety Rules for Work On-Board Inland Navigation Vessels, if possible in one of the working languages of the Office.

The Committee also notes that the Giurgiulesti International Free Port (GIFP), capable of receiving both inland and seagoing vessels, boasts an easy access to the Black Sea and is increasingly important in the region. Consequently, the Committee asks the Government to transmit the GIFP Port Rules, and any standards or rules applicable to employers and workers, once they are adopted.

Article 1 of the Convention. Dock work. The Committee recalls that this Article of the Convention provides that the organizations of employers and workers concerned shall be consulted on, or otherwise participate in, the establishment and revision of the definition of dock work. The Committee asks the Government to provide information on the employers’ and workers’ organizations concerned and the manner in which they were consulted in establishing the definition of “dock work”.

Article 5(1). Responsibility for compliance with the measures referred to in Article 4(1). The Committee notes that according to the Government, section 10(1) of the OSH Act provides that the employer shall take the necessary measures to protect the health and safety of workers, including preventing occupational risks, providing information and training and ensuring the necessary organization and provision of resources. The Committee asks 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.

Article 6(1). Measures to ensure the safety of portworkers. The Committee notes the Government’s indication that periodic briefings are held with the employees of companies on safety techniques and training in safe working methods and approaches, and instructions have been developed in safety techniques. The Committee asks the Government to provide further information on the measures taken or envisaged to give effect to this Article of the Convention.

Article 7(2). Provisions for close collaboration between employers and workers. The Committee notes the Government’s indication that a trade union committee has been set up to ensure closer cooperation between workers and employers and to resolve any disputes that may arise. The Committee asks the Government to provide further details on the trade union committee and its work to ensure the application of the measures referred to in Article 4(1) of the Convention.

Article 14. Installation, construction, operation and maintenance of electrical equipment. The Committee notes the Government’s indication that the State Power Supply Inspectorate (Gosenergonadzor) approved rules on user operation of electrical installations and safety regulations on the operation of electrical installations. The Committee asks the Government to provide further details on the specific rules and safety regulations, regarding the operation of electrical installations, that give 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 that the information provided by the Government repeats the terms of the Article, without providing specific information on the manner in which safe means of access to the ship shall be provided and kept available, in accordance with this Article. The Committee requests the Government to describe the safe means of access required 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 Government’s reference to paragraph 2 of rule 2.4 of the Safety Rules for Work On-Board Inland Navigation Vessels, which provides that operational boats shall be provided on all vessels more than 25 metres in length, except for high-speed and other passenger vessels operating within cities and crewless non-self-propelled vessels. However, the Committee notes that this provision does not ensure the full application of this Article of the Convention. The Committee requests the Government to provide further details on the measures prescribed for the safe embarking and disembarking, and safe transport of workers, in accordance with Article 16.

Article 17. Access to the hold or deck of a vessel. The Committee notes that the information provided by the Government repeats the terms of this Article, without providing specific information on the application of this Article. The Committee asks the Government to provide details on the means of access to a ship’s hold or cargo deck, in accordance with paragraph 1(b) of this Article.

Article 34(1). Provision and use of personal protective equipment. The Committee notes that the information provided in the Government’s report repeats the terms of this Article, without providing specific information on the effect given to this Article. The Committee asks the Government to describe the circumstances in which the issue and use of personal protective equipment and protective clothing is required.

Article 36(1). Medical examinations. The Committee notes the Government’s indication that consultations are held with employers at annual general meetings and that the Ungheni River Port, in consultation with the industry trade union representing the interests of workers, is about to conclude a three-year collective agreement. The Committee asks the Government to indicate the manner in which employers’ and workers’ organizations of all the ports in the Republic of Moldova were consulted regarding medical examinations.

Article 38(1). Provision of adequate training and instruction. The Committee notes the Government’s indication that instructions given to workers shall be formulated for all occupations and tasks performed at the company, on the basis of their specific characteristics and the specific nature of the tasks and workstations. The Committee asks the Government to indicate how instruction and training is provided to workers employed in dock work.

In addition, in the absence of any information on their application, the Committee requests the Government to provide details on the measures taken or envisaged, in law and in practice, to give full effect to the following provisions of the Convention:

• – Article 6(2).
• – Article 7(1).
• – Article 8.
• – Article 9.
• – Article 10.
• – Article 11.
• – Article 12.
• – Article 13(1)–(3) and (5)–(6).
• – Article 19.
• – Article 20.
• – Article 21.
• – Article 22(3) and (4).
• – Article 24.
• – Article 25.
• – Article 26.
• – Article 31.
• – Article 32.
• – Article 34(2) and (3).
• – Article 35.
• – Article 36(2) and (3).
• – Article 37.
• – Article 38(2).
• – Article 39.
• – Article 40.
• – Article 41.

Application of the Convention in practice. The Committee notes that the Government’s report does not contain any information regarding the application in practice of the provisions giving effect to the Convention. The Committee accordingly requests the Government to give a general appreciation of the manner in which the Convention is applied in the country and provide information on the number of dock workers employed, the number and nature of contraventions reported, the resulting action taken and the number of occupational accidents and diseases reported, and attach relevant extracts from the reports of the concerned inspection services.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.