Maximum Weight Convention, 1967 (No. 127) - Republic of Moldova (Ratification: 1997)

Replies received to the issues raised in a direct request which do not give rise to further comments (CEACR) - adopted 2021, published 110th ILC session (2022)

The Committee notes the information provided by the Government, which answers the points raised in its previous direct request and has no further matters to raise in this regard.

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

Article 4 of the Convention. Account taken of all the conditions in which the work is to be performed in the application of the principle set forth in Article 3. With reference to its previous comments, the Committee notes that the Government once again states that no cases have been recorded where a load weighing 50 kilograms threatened the life of a worker. The Committee requests the Government to indicate if specific conditions are taken into account in the application of the principle set out in Article 3 of the Convention, which provides that the manual transport of a load which is likely to jeopardize the health or safety of a worker, by reason of its weight, shall not be required or permitted (nature of the work, physiological characteristics, etc.).

Article 8. Laws or regulations or other methods to give effect to the provisions of the Convention. The Committee notes the Government’s indication that the Ministry of Labour, Social Protection and Family has developed draft minimum occupational safety and health (OSH) requirements for the manual transportation of loads. The Committee requests the Government to provide further information on the draft minimum OSH requirements developed, including whether they have been adopted and on the consultations held with the most representative organizations of employers and workers concerned in this respect. It also requests the Government to submit a copy of the abovementioned requirements once adopted, if possible in one of the working languages of the ILO.

Application in practice. The Committee notes that the information provided on the performance indicators of the National Employment Agency bodies does not concern the manual transport of loads and therefore does not enable the Committee to evaluate the manner in which the Convention is applied in practice in the country. The Committee once again requests the Government to provide information on the manner in which the Convention is applied in practice including, for example, relevant extracts from reports of the inspection services and, in so far as such statistics are available, information concerning the number and nature of contraventions reported in the area covered by the Convention.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes the information provided by the Government in its latest report indicating that regulations relating to the protection of workers at the workplace and the prevention of occupational risks, approved by the Government’s Decision No. 95 of 5 February 2009 give further effect to Article 5 of the Convention. The Committee asks the Government to continue to provide information on legislative measures undertaken with regard to the Convention.

Article 4. Account taken of all the conditions in which the work is to be performed in the application of the principle set forth in Article 3. The Committee notes the Government’s statement that no cases have been recorded where a load weighing 50 kilos threatened the health of a worker. The Committee reiterates its request that the Government provide additional information on the manner in which all the conditions in which the work is to be performed, and which may have an impact on the health and safety of workers, are taken into consideration in accordance with the principle set out in Article 3 of the Convention, which provides that the manual transport of a load which, by reason of its weight, is likely to jeopardize the health or safety of a worker shall not be required or permitted.

Article 8. Laws or regulations or other methods to give effect to the provisions of the Convention. The Committee notes the information provided by the Government indicating that the Ministry of Economy and Trade has taken measures designed to elaborate the rules and procedures for the implementation of this Convention, which should be agreed upon with the social partners. The Committee requests the Government to provide information on any progress achieved in this respect.

Part V of the report form. Application in practice. The Committee reiterates its request that the Government provide information on the manner in which the Convention is applied in practice including, for example, extracts from reports of the inspection services and, in so far as such statistics are available, information concerning the number and nature of contraventions reported.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

1. The Committee notes the information contained in the Government’s report including, in particular, the information provided concerning the application of Article 1(a) and (b) (definition of terms), Article 2 (branches covered by the Convention) and Article 3 (permissible weight of load to transport) of the Convention. It also notes the submission of requested legislative texts including Government Order No. 624 of 6 October 1993 approving the classification of industries, occupations and work performed under arduous and harmful conditions for women and the standards for the maximum permitted weights that women may be called upon to lift and transport manually; Government Order No. 780 of 13 July 1998 establishing the State Labour Protection Inspectorate, approved by Government Order No. 119 of 9 December 1998; Government Order No. 890 of 5 December 1994 issuing regulations on the organization of labour protection instructions; Government Order No. 562 of 7 September 1993 approving the classification of industries, occupations and work performed under arduous and harmful conditions for persons under the age of 18 years; and a copy of the STAS regulations (State Standard) 12 009-76.

2. Article 4 of the Convention. Account taken of all the conditions in which the work is to be performed in the application of the principle set forth in Article 3. With reference to its previous comments, the Committee notes that the permissible weight to be transported is 50 kg and in the case, when the weight of a transported load exceeds 50 kg, the standards concerned prescribe the use of various mechanisms for lifting and transporting of such loads or for carrying them by two or more workers. The Committee requests the Government to provide additional information on the manner in which the conditions in which the work is to be performed, and which may have an impact on the health and safety of workers, are taken into consideration in accordance with the principle set out in Article 3 of the Convention, which provides that the manual transport of a load which, by reason of its weight, is likely to jeopardize the health or safety of a worker shall not be required or permitted.

3. Article 5. Adequate training or instruction in working techniques of workers with a view to safeguarding health and preventing accidents. The Committee notes that under sections 18 and 22 of the Law on Labour Protection and sections 225 and 239 of the Labour Code, the management of an enterprise should organize the system of training and upgrading in the field of occupational safety and health of all employees and ensure vocational training, site briefing and examination of their knowledge of the standards and regulations on labour protection. The programme of site briefing is drawn up in accordance with the requirements of the standards and instructions on labour protection and in line with the ongoing activities. The Committee, once again, requests the Government to provide a copy of the standards and rules established relating to labour protection which are used for the instruction and training of workers assigned to the manual transport of loads other than light loads.

4. Article 8. Laws or regulations or other methods to give effect to the provisions of the Convention. With reference to its previous comments, the Committee notes that the Ministry of Labour and Social Protection takes measures with a view of developing a regulatory basis for the application of this Convention, which would be agreed upon with the social partners. It requests the Government to provide information on any progress achieved in this respect.

5. Part V of the report form. The Committee requests the Government to provide information on the manner in which the Convention is applied in practice including, for example, extracts from reports of the inspection services and, in so far as such statistics are available, information concerning the number and nature of contraventions reported.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes the information provided by the Government in reply to its previous comments. It draws the Government’s attention to the following points.

1. Article 1(a) and (b) of the Convention. The Committee notes the Government’s indication that, although the terms "regular manual transport of loads" and "manual transport of loads" are not defined in the national legislation, their definition is derived from national practice. The Government explains that the "regular manual transport of loads" means "any transport of a load over a flat and horizontal surface for a distance of around 20 to 30 metres by a single worker including lifting and putting down the load" and the term "manual transport of loads" means "any manual transport of loads carried out for the whole duration of the work or a period constituting a substantial part of the working day". The Committee, while noting the definitions adopted in practice, invites the Government to consider the possibility of including these definitions in the national legislation.

2. Article 2. With regard to the determination of the branches of economic activity to which the Convention applies, the Government indicates in general terms that the provisions of the Convention are applied in the various branches of activity. In view of the requirements set out in this provision of the Convention, the Committee requests the Government to indicate the branches of economic activity to which the Convention applies and in respect of which the Government maintains a system of labour inspection.

3. Articles 3 and 4. With regard to the health protection of workers by means of the establishment of limits for the lifting and transport of loads, the Committee notes with interest that, according to the information provided by the Government in its report, the permitted weight for the manual transport by a male adult worker is regulated by labour protection standards adopted by the authorities of the former USSR for the various branches of the economy, namely telecommunications, postal services, the food and cereal industry, transport, etc. The Government specifies that the handling of loads without mechanical aids is limited to 50 kilograms. The limit set for the manual transport loads is therefore in conformity with that advocated in Paragraph 14 of Recommendation No. 128. However, the Committee requests the Government to provide a copy of the above labour protection standards adopted by the former USSR, which appear to have subsequently been incorporated into the national legislation, so that it can examine them in depth. It also requests the Government to provide information on the manner in which the conditions in which the work is to be performed, and which may have an impact on the health and safety of workers, are taken into consideration in accordance with the principle set out in Article 3 of the Convention, which provides that the manual transport of a load which, by reason of its weight, is likely to jeopardize the health or safety of a worker shall not be required or permitted.

4. Article 5. The Committee notes that the Government refers once again to sections 18 to 22 of the Labour Protection Act. It indicates that the training programme is prepared taking into account the requirements set out in the above labour protection standards and instructions. With regard more specifically to the transport of loads, the Government indicates that the instructions have to set out, among other matters, the maximum weight allowed for loads which may be transported manually by a single worker. Furthermore, workers assigned to the manual transport of loads other than light loads must be informed, in the context of instruction in labour protection provided before their assignment to the work, of the methods of work to be used. The Committee notes this information with interest and requests the Government to provide a copy of the standards and rules established relating to labour protection which are used for the instruction and training of workers assigned to the manual transport of loads other than light loads.

5. Article 8. The Committee notes the Government’s statement that consultations were not held with the most representative organizations of employers and workers concerned on the measures to be taken to give effect to the Convention, but that the Ministry of Labour and Social Protection is currently examining the possibility of preparing a legal framework for this purpose. The Committee hopes that the Government will take the necessary measures as soon as possible to adopt national provisions giving effect to the Convention in consultation with the organizations of employers and workers concerned, as envisaged in this Article of the Convention. It requests the Government to provide information on any progress achieved in this respect.

6. The Committee recalls that it requested the Government to provide copies of: Government Order No. 624 of 6 October 1993 approving the classification of industries, occupations and work performed under arduous and harmful conditions for women and the standards for the maximum permitted weights that women may be called upon to lift and transport manually; Government Order No. 780 of 13 July 1998 establishing the State Labour Protection Inspectorate, approved by Government Order No. 119 of 9 December 1998; Government Order No. 890 of 5 December 1994 issuing regulations on the organization of labour protection instructions; Government Order No. 562 of 7 September 1993 approving the classification of industries, occupations and work performed under arduous and harmful conditions for persons under the age of 18 years; and a copy of the STAS regulations (State Standard) 12 009-76. The Committee hopes that the Government will provide copies of the above texts with its next report.

7. The Committee requests the Government to provide information on the manner in which the Convention is applied in practice including, for example, extracts from reports of the inspection services and, in so far as such statistics are available, information concerning the number and nature of contraventions reported etc., as indicated under Part V of the report form for the Convention.

Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee notes the information provided by the Government in its first report. It requests the Government to provide further information on the following points.

1.  Article 1(a) and (b) of the Convention.  Please indicate how the terms "manual transport of loads" and "regular manual transport of loads" are defined in national law and practice.

2.  Article 2, paragraph 2.  Please specify the branches of economic activity to which the provisions of the Convention apply.

3.  Article 3.  The Committee notes that sections 12 and 13 of the Labour Protection Act set forth the principle that no worker shall be obliged to perform work liable to jeopardize her or his health. However, the Government indicates that the national legislation that is in force does not contain provisions limiting the permitted weight of a load which may be lifted and transported by an adult male worker. The Committee therefore requests the Government to indicate the measures which have been taken or are envisaged respecting the limitation of the weight which may be manually transported by a single adult male worker with a view to ensuring that the manual transport by a worker of a load which, by reason of its weight, is likely to jeopardize his health or safety, is neither required not permitted.

4.  Article 4.  The Committee notes that section 148 of the Labour Code lays down the general requirement for enterprises, institutions and organizations to ensure conditions of work for all employees which are safe and without danger. The Committee notes that this provision does not respond to the specific requirements of this Article of the Convention. It therefore requests the Government to indicate the manner in which the conditions under which work must be performed are assessed for the application of the principle, as set out in Article 3 of the Convention, that the manual transport by a worker of a load which, by reason of its weight, is likely to jeopardize his health or safety, shall be neither required nor permitted.

5.  Article 5.  The Committee notes that section 10 of the Labour Protection Act prohibits in general the admission to work of persons who have not received adequate vocational training or instruction. Furthermore, in accordance with sections 18 and 22, the management of enterprises is required to establish a system for instruction in the field of labour protection for all workers, as well as a system for the improvement of their knowledge which ensures that workers receive instruction, including the testing of their knowledge on labour protection standards and rules. Moreover, the Committee notes that section 153 of the Labour Code requires the administration to put into practice training for employees on safety and health techniques for production, protection against fires and other labour protection rules, as well as permanent supervision of compliance by employees with labour protection instructions. Section 154 of the Labour Code also requires employees to comply with labour protection instructions which set out rules for the performance of work and standards of conduct in productive establishments and construction sites. In this respect, the Government indicates that Order No. 890 of 5 December 1994 issues regulations on the organization of labour protection instructions. The Committee nevertheless recalls that Article 5 of the Convention requires adequate training in working techniques prior to the assignment of any worker to the manual transport of loads other than light loads with a view to safeguarding health and preventing accidents. It therefore requests the Government to indicate: (a) the manner in which the administration in practice provides instruction to employees on safety and health techniques; and (b) the manner in which the workers concerned are informed of the working techniques to be used before being assigned to the manual transport of loads other than light loads.

6.  Article 8.  The Committee notes section 15 of the Labour Protection Act and clause 12 of the collective labour agreement for 1998, concluded between the Government, the employers and the trade unions, which provide for the participation of the social partners in the preparation of draft standards and in amending and supplementing the legislation that is in force. It therefore requests the Government to indicate the consultations which have been held with the employers’ and workers’ organizations concerned with a view to taking the necessary steps to give effect to the provisions of the Convention.

7.  Finally, the Committee requests the Government to provide a copy of Government Order No. 624 of 6 October 1993 approving the classification of industries, occupations and work under arduous and harmful conditions for women and the standards for the maximum permitted weights that women may be called upon to lift and transport manually; Government Order No. 780 of 13 July 1998 establishing the State Labour Protection Inspectorate, approved by Government Order No. 1199 of 9 December 1998; Government Order No. 890 of 5 December 1994 issuing regulations on the organization of labour protection instructions; Order No. 562 of 7 September 1993 approving the classification of industries, occupations and work under arduous and harmful conditions for persons under the age of 18 years; and a copy of the STAS regulations (State Standard) 12 009-76.