Observation (CEACR) - adopted 2025, published 114th ILC session (2026)

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

Legislative and regulatory framework implementing the Convention. In its previous comments, the Committee requested the Government to transmit a copy of the Giurgiulesti International Free Port Rules, given the importance of the port complex in the country, and any standards or rules applicable to employers and workers, including any regulations developed at departmental level by the Naval Agency referred to by the Government (rules on the Giurgiulesti Port complex and rules for captains of Giurgiulesti Port). The Committee notes with regret that the information requested was not provided. Therefore, the Committee must once again request the Government to provide a copy of these rules, if possible, in a working language of the Office.

Article 6(1) of the Convention. Measures to ensure the safety of dockworkers. The Committee recalls that this Article requires the implementation of specific arrangements to ensure the safety of dockworkers, under which workers: (i) are not required to unjustifiably interfere or misuse safety devices; (ii) take reasonable care for their own safety and for others who may be affected by their actions or omissions at work; and (iii) promptly report to their supervisor any situation they believe could present a risk they cannot resolve themselves, so that corrective measures can be taken. Noting the absence of information in this respect, the Committee once again requests the Government to provide examples of occupational safety and health prevention and protection instructions adopted by employers in the Giurgiulesti Port complex, as well as information concerning the periodic safety information campaigns envisaged by the Naval Agency, to which the Government referred to in its previous report.

Article 7(2). Provisions for close collaboration between employers and workers. The Committee recalls that the Government has, for several years, referred to the planned establishment of a trade union committee for employees at the Giurgiulesti Port complex, which has yet to be constituted. Recalling the importance of effective collaboration between employers and workers in the implementation of measures giving effect to the Convention as required by paragraph 1 of this Article, the Committee once again requests the Government to provide detailed information on any specific mechanism in place in the country’s ports, including the Giurgiulesti Port, aimed at ensuring such collaboration between employers and workers or their representatives.

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 Act No. 176/2013 on Domestic maritime transport (hereinafter *Act No. 176/2013*), to Decision No. 441/2023 approving the Maritime Safety Regulation, as well as to the implementation of port facility security plans, under Annex No. 2 of Decision No. 23/2024, to give effect to paragraph 1 of this Article. While welcoming the legislative measures adopted by the Government to ensure safe transport to or from a ship or other place by water and safe embarking and disembarking, the Committee requests the Government to provide information on the manner in which effect is given to paragraph 2 of this Article, concerning the regulation of the transport of workers to or from a place of work on land. Recalling its previous comment, the Committee once again requests the Government to provide a copy of any departmental measures and relevant regulations on safe transport within the Giurgiulesti Port complex, which were previously reported to be developed by the Naval Agency.

Article 17. Access to the hold or deck of a vessel. The Committee recalls that the Government had previously indicated that the Naval Agency is looking into the possibility of developing technical regulations on alternative means of access, as required under Article 17(1)(b). It observes that the Government’s report contains no information in this regard. The Committee requests the Government to provide information on developments with regard to the manner in which the competent authority determines the acceptability of the means of access to the hold or deck of a vessel, thereby giving full effect to this Article of the Convention.

Article 32. Handling, storing and stowing of dangerous substances; compliance with international regulations for transport of dangerous substances; and prevention of worker exposure to dangerous substances or atmospheres. The Committee notes that article 82(2) of Act No. 176/2013 provides that dangerous cargoes shall be transported in accordance with the rules on the carriage of dangerous cargoes by domestic shipping, approved in the manner established. It also provides safeguards for carriers, allowing them to demand the unloading of dangerous cargo – at the consignor’s or consignee’s expense – if such goods are incorrectly labelled, lack necessary safety information, or are prohibited from domestic shipping. The Committee requests the Government to provide a copy of the rules on the carriage of dangerous cargoes by domestic shipping, to assess the effect given to paragraphs 3, 4 and 5 of this Article. In addition, the Committee requests the Government to list the international regulations complied with in the country as provided for in paragraphs 1 and 2 of this Article and to indicate the provisions requiring that these regulations be observed in the country.

Article 34. Provision and use of personal protective equipment. Care and maintenance of personal protective equipment and clothing. In the absence of the information requested previously, the Committee once again requests the Government to specify the legislative or regulatory text establishing the circumstances in which the provision and proper maintenance by the employer of personal protective equipment and clothing, and the proper use and care by workers of such equipment and clothing, is required. In the absence of such a text, the Committee encourages the Government to take the measures necessary to enable the Naval Agency to adopt a regulatory text to give full effect to this Article of the Convention.

Article 38(1). Provision of adequate training and instruction. The Committee requested the Government to specify the content of the training classes that dockworkers and residents (economic agents) had to take in the ports of Ungheni and Giurgiulesti, indicating to what extent prior training and instruction relating to risks and precautions to be taken are made available to workers employed in dock work in the country. The Government refers to Annex No. 1 of Decision No. 95/2009, which mandates the provision of occupational safety and health materials (books, brochures, guides, posters, films, etc.), first aid instructions in case of accident at work, and mechanisms to verify workers’ knowledge and application of occupational safety and health information and instructions, through the protection and prevention activities carried in the unit (Chapter II). Chapter X specifies that the training of workers occurs in two phases: employment training (including an introductory-general training to persons applying for employment and trainees and apprentices, as well as an on-the-job training) and periodic training every six months. Chapter XI provides further details for the elaboration of occupational safety and health instructions, taking into account the particularities of the unit and the workplaces/workstations. While welcoming the information regarding the general provisions on training and instruction on occupational safety and health for workers in the country, the Committee requests the Government to provide specific information on the context of training for workers employed in dock work, in particular for the ports of Ungheni and Giurgiulesti to which the Government referred in the previous years.

The Committee is bound to once again request the Government to specify the measures taken or envisaged, in law and in practice, to give effect to the following provisions of the Convention:

• Article 6(2). Consultation of workers concerning working procedures.
• Article 9. Safety measures with regard to lighting and marking of dangerous obstacles.
• Article 10. Maintenance of surfaces used for vehicle traffic or stacking of goods in safe conditions.
• Article 11. Width of passageways for pedestrians and of passageways for cargo-handling appliances.
• Article 13(1) to (3) and (5) to (6). Effective guarding of all dangerous parts of machinery, possibility of cutting off the power to machinery in an emergency, protective measures during cleaning, maintenance or repair work and adequate precautions if any guard is removed.
• Article 19. Protection around openings and decks.
• Article 20. Safety measures when power vehicles operate in the hold; hatch covers secured against displacement; ventilation regulations; and safe means of escape from bins or hoppers when dry bulk is being loaded or unloaded.
• Article 21. Design of lifting appliances, loose gear and lifting devices.
• Article 22(3) and (4). Retesting of shore-based lifting appliances and certification of lifting appliances and items of loose gear.
• Article 24. Inspection of loose gear and slings.
• Article 25. Registers of lifting appliances and loose gear.
• Article 26. Mutual recognition of arrangements for testing and examination.
• Article 31. Operation and layout of freight container terminals and organization of work in such terminals.
• Article 35. Removal of injured persons.
• Article 36(3). Medical examinations to be carried out free of cost to the worker and confidentiality of the records of medical examinations.
• Article 37. Safety and health committees.
• Article 38(2). Minimum age for operating lifting appliances and other cargo-handling appliances.
• Article 40. Regulations concerning suitable sanitary and washing facilities.

Part V of the report form. Application of the Convention in practice. The Committee once again requests the Government to provide information on the manner in which the Convention is applied in the country and, in particular, to provide information on the number of dockworkers protected by the legislation, the number and nature of the violations reported, and the number of industrial accidents and cases of occupational diseases reported.