Demande directe (CEACR) - adoptée 2002, publiée 91ème session CIT (2003)

Convention (n° 127) sur le poids maximum, 1967 - République de Moldova (Ratification: 1997)

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.