Demande directe (CEACR) - adoptée 2024, publiée 113ème session CIT (2025)

Convention (n° 161) sur les services de santé au travail, 1985 - République de Moldova (Ratification: 2021)

The Committee notes the Government’s first report.

Article 2 of the Convention. Coherent national policy on occupational health services. The Committee notes the Government’s indication in its report that the National Commission for Consultation and Collective Bargaining, an autonomous tripartite body, met twice in 2022–23 with the participation of the Ministry of Health to discuss the progress in the implementation of the provisions of the Convention and the difficulties and obstacles encountered. The Government also indicates that the Action Plan for the implementation of the Convention, approved by the Order of the Ministry of Health No. 474/2021, identifies the National Confederation of Trade Unions of Moldova and the National Confederation of Employers of the Republic of Moldova as partners in its implementation. The Committee also notes that the Government Regulation no. 1079/2023 regarding the supervision of workers' health entered into force on 5 April 2024. The Committee requests the Government to provide information on the implementation and periodic revision of the Action Plan for the application of the Convention.

Article 5(b). Surveillance of the factors in the working environment. The Committee notes that the Government Regulation no. 1079/2023 provides that: (i) the promotion of health at the workplace represents the active supervision of workers' health in relation to the characteristics of the workspace and, in particular, to the occupational risk factors (section 5); and (ii) the occupational medicine specialist shall request additional information from the employer regarding working conditions and occupational risk factors (section 22). While noting these provisions, the Committee requests the Government to provide more information on the manner in which occupational health services undertake surveillance of the factors in the working environment and working practices which may affect workers' health, including sanitary installations, canteens and housing where these facilities are provided by the employer.

Article 5(c) and (e).Advice on planning and organization of work. Advice on occupational health, safety and hygiene and on ergonomics and individual and collective protective equipment. The Committee notes that according to section 29 of the Regulation no. 1079/2023, the National Agency for Public Health (ANSP) offers consulting services, according to its competence, in the field of occupational health at the request of workers, employers and representatives of occupational health and safety services. According to section 53 of the same Regulation, in order to promote the measures regarding the adaptation and improvement of the working and environmental conditions of the workers, the specialized doctors within the ANSP and/or doctors specializing or competent in occupational medicine offer advisory support regarding occupational health to employers, workers and their representatives. The Committee requests the Government to indicate if the nature of the advisory functions foreseen in sections 29 and 53 of the Government Regulation No. 1079/2023 include matters related to (i) the design of workplaces, choice, maintenance and condition of machinery and other equipment and substances; and (ii) occupational health, safety and hygiene and ergonomics and individual and collective protective equipment. The Committee also requests the Government to provide information on the application in practice of those provisions of national legislation.

Article 5(d). Participation in the development of programmes for the improvement of working practices.The Committee requests the Government toindicate whether the functions of the occupational health services include their participation in the development of programmes for the improvement of working practices as well as testing and evaluation of health aspects of new equipment.

Article 5(k). Participation in the analysis of occupational accidents and occupational diseases. The Committee notes that: (i) the Regulation on the mode of investigation of accidents at work, approved with Government Decision No. 1361 of 22 December 2005, contains provisions on the investigation of occupational accidents and refers to the participation of the highest local public authorities specialized on OSH in such investigations (section 15); (ii) the Government Regulation no. 1079/2023 provides for the role of occupational health services in the detection of diseases; and (iii) the Law No. 10 of 2009 on state supervision of public health provides that the ANSP is responsible for controlling, supervising and preventing occupational diseases. The Committee requests the Government to provide information on the manner in which, in practice, occupational health services are participating in the analysis of occupational accidents and diseases and to indicate any other relevant legal provisions implementing this Article of the Convention.

Article 9(1). Multidisciplinary nature of occupational health services. The Committee notes that the Law No. 186/2008 on occupational safety and health provides that: (i) the external protection and prevention services must have the capacities and the necessary means (section 11(7)(b)); and (ii) that there must be a sufficient number of designated workers and the consulted external protection and prevention services to be able to ensure the organization of protection and prevention measures, taking into account the size of the unit and/or the risks to which the workers are exposed, as well as their distribution within the unit (section 11(7)(c)). The Committee further notes that section 17 of Regulation No. 1079/2023 provides that workers' health supervision is ensured by occupational medicine specialists or doctors with competence in occupational medicine. The Committee requests the Government to provide information on how it ensures the multidisciplinary composition of occupational health services and that the personnel of these services is determined by the nature of the duties to be performed.

Article 9(2) and (3). Cooperation and coordination of occupational health services with the other services in the undertaking and with other bodies concerned with the provision of health services. The Committee notes that Law No. 186/2008 on occupational safety and health provides that the assigned worker(s) and/or the service(s) of protection and prevention must collaborate with each other (section 11(9)). The Committee further notes that the Regulation no. 1079 of 2023 provides that specialist doctors from the ANSP and/or occupational medicine specialists collaborate with bodies in the field of safety and health at work. The Committee requests the Government to provide information on the ways occupational health services carry out their functions in cooperation with the other services in the undertaking (such as personnel departments and production units) in conformity with Article 9(2). The Committee further requests the Government to indicate the measures taken in order to ensure cooperation and coordination between occupational health services and, as appropriate, other bodies concerned with the provision of health services, in conformity with Article 9(3).

Article 10. Full professional independence of personnel of occupational health services. The Committee notes that according to the Law No. 186/2008 on occupational safety and health, when prevention and protection services are organized internally, the responsible unit is placed directly under the employer. The Committee requests the Government to indicate how it ensures that, when protection and prevention services are arranged internally, the personnel providing occupational health services enjoy full professional independence from the employer.

Article 11. Qualifications required for the personnel providing occupational health services. The Committee notes that according to Law No. 10/2009 on state supervision of public health, human resources in the field of public health supervision are comprised of specialists with secondary, higher and post-graduate medical studies with residency and/or master's degrees in the field as well as specialists with secondary and higher education in the area related to public health who have completed a specialization (section 63). The Committee also notes that the Regulation No. 1079 of 2023 provides that the supervision of workers' health is carried out by public or private medical institutions, which employ specialists in occupational medicine or with competences in occupational medicine. The Committee requests the Government to indicate the qualifications required for the personnel providing occupational health services, according to the nature of the duties to be performed and in accordance with national law and practice.

Article 12. Surveillance of workers health during working hours. The Committee notes that the costs of medical examinations are not borne by the workers (pursuant to sections 46(7) and 49(6) of the Law No. 10/2009 on state supervision of public health), and notes the wage entitlements of workers undergoing the examination (section 193). The Committee requests the Government to indicate whether surveillance of workers' health in relation to work is taking place as far as possible during working hours and to provide information on the practice.

Article 15. Information of occupational health services of occurrences of ill health amongst workers and absence from work for health reasons. The Committee requests the Government to provide information on the law and practice concerning the manner in which occupational health services are informed of occurrences of ill health amongst workers and absence from work for health reasons, in order to be able to identify whether there is any relation between the reasons for ill health or absence and any health hazards which may be present at the workplace. The Committee also requests the Government to indicate the provisions of national legislation providing that personnel of occupational health services shall not be required by the employer to verify the reasons for absence from work.