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

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on occupational safety and health (OSH), the Committee considers it appropriate to examine Conventions Nos 155 (OSH) and 187 (promotional framework for OSH) together.

The Committee notes the observations of the National Confederation of Trade Unions of Moldova (CNSM), received in 2024 and transmitted with the Government’s report.

I. Action taken at the national level

Application of Conventions Nos 155 and 187 in practice. The Committee takes note of the statistics contained in the Government’s report as well as in the labour inspection reports for 2021–2023. This includes detailed information on the accidents reported, their nature and cause and the economic activity. The Committee notes that the total number of accidents increased from 570 in 2022 to 607 in 2023. The Committee also notes the information regarding the number of labour inspections covering OSH and the number of relevant contraventions reported. The Committee requests the Government to provide information on the reasons for the increase in the number of accidents reported, and to continue to provide statistical information on the number and nature of the contraventions reported and the number, nature and causes of occupational accidents and diseases.

Article 2(3) of Convention No. 187. Consultation with the social partners to ratify relevant OSH Conventions. The Committee notes that the Government ratified the Occupational Health Services Convention, 1985 (No. 161) in 2021. The Committee takes note of this information which addresses its previous request.

National policy

Articles 4 and 7 of Convention No. 155, and Article 3(1) of Convention No. 187. Formulation, implementation and periodic review of a national policy on OSH in consultation with social partners. The Government indicates that following consultation with the social partners, the Ministry of Labour and Social Protection adopted the Programme for the Improvement of Occupational Safety and Health in the Areas with High Risk of Injury and Disease (Construction, Agriculture, Manufacturing Industry, Transport and Storage) for the years 2024–2028 (OSH Programme 2024–2028) through Ministerial Order No. 72/2 of 11 April 2024. The Government indicates that the OSH Programme 2024–2028 aims to reduce the number of people injured at work and the number of people who have contracted occupational diseases. The Committee notes that the main actions for its implementation include: the review of the national OSH regulatory framework with the aim of alignment with ILO and EU standards: the elaboration of training and information tools; the development of risk prevention tools; and strengthening social dialogue in the field of OSH. The Government indicates that the implementation of the state policy in the field of OSH is ensured through coordinated actions of central and local public authorities and employers’ and workers’ organizations. The Committee also notes that according to OSH Programme 2024–2028 there will be three stages of evaluation, with a final evaluation report in December 2028. The Government further indicates that, based on the results of the Programme new objectives and policy opportunities in the field of OSH will be identified jointly with the social partners. In its observations the CNSM points to the fact that Programme only refers to certain fields of activity. The Committee requests the Government to provide information on the implementation of the OSH Programme 2024–2028, and to provide information on the evaluation of its results, carried out in consultation with the social partners. The Committee also requests the Government to indicate how this evaluation contributes to the formulation of the national OSH Policy for the subsequent period. It requests the Government to indicate the measures taken to ensure the coherence of the national OSH Policy, and how it takes into account the needs of all sectors of the economy.

National system

Article 9 of Convention No. 155 and Article 4(1) and (2)(c) of Convention No. 187.Progressive development and periodic review of the national OSH system in consultation with the most representative organizations of employers and workers. System of inspection. The Committee notes that as of November 2022, 84 employees were working in the State Labour Inspectorate. With reference to its comments under theLabour Inspection Convention, 1947 (No. 81), the Committee requests the Government to continue providing information on the measures taken or envisaged to progressively develop the national OSH system with regard to labour inspection, in consultation with the social partners for the continuous improvement of OSH in the country.

Article 4(3)(d) of Convention No. 187. Occupational health services. In its previous comments the Committee took note of the Regulation on the organization of activities for the protection of workers at work and occupational risk prevention, approved by Government Decision No. 95/2009, which regulates the organization and development of internal and external protection and prevention services. The Government indicates that the OSH Programme 2024–2028 envisages the development of procedures for the accreditation of external prevention and protection services, planned for 2028, in consultation with the most representative organizations of employers and workers. With reference to its comments under the Occupational Health Services Convention, 1985 (No. 161), the Committee requests the Government to provide information regarding the development of procedures for the accreditation of external prevention and protection services.

Article 4(3)(e) of Convention No. 187. Research on OSH. The Government indicates that an OSH Profile of the Republic of Moldova was developed in 2021 as part of the ILO project ‘Protecting workers and ensuring decent and safe working conditions in times of COVID-19 crisis and recovery in Moldova’. It indicates that the study was conducted on the basis of an analysis of international, European and national and sectoral OSH legislation, relevant statistical data provided by the National Bureau of Statistics, the State Labour Inspectorate, the Ministry of Health, Labour and Social Protection, and discussions the national OSH authorities and representatives of social partners. The Committee requests the Government to continue to provide information on the measures taken or envisaged to carry out research on OSH, including on the type of research carried out.

Article 11(c) of Convention No. 155 and Article 4(3)(f) of Convention No.187. Procedures for the notification of accidents and diseases and the collection and analysis of data. Following its previous comments, the Committee notes that in accordance with Government Decision No.1282/2016, the National Public Health Agency collects information on cases of occupational diseases and prepares and publishes annually the National Report titled ‘State Public Health Surveillance in the Republic of Moldova’, which contains information on health protection and prevention of diseases associated with environmental risk factors, including occupational risk. The Agency also reports annually the number of cases of occupational disease to the National Bureau of Statistics. The Government indicates that a constant decrease of occupational diseases is observed and that the low number of cases of occupational diseases reported (none in 2021 and 2022, and 1 in 2023) indicates an underdiagnosis of these diseases. The Committee refers to its comments under Convention No. 81 where it noted that the labour inspection reports for 2021, 2022 and 2023 do not include statistics of occupational diseases. Noting the Government’s indications, the Committee requests the Government to clarify the causes of the low number of reported occupational diseases, indicating the factors contributing to the presumed underdiagnosis. The Committee once again requests the Government to provide information on the measures taken in this regard to reinforce the application of the procedures for the notification of occupational diseases. In addition, the Committee once again requests the Government to indicate how it ensures the coordination and exchange of information between the National Agency for Public Health and the State Labour Inspectorate.

Article 4(3)(h) of Convention No. 187. Support mechanisms for progressive improvement of OSH conditions in microenterprises, small and medium-sized enterprises (SMEs) and the informal economy. The Committee notes the Government’s reference, in response to the Committee’s previous request, to section 11 of the Law on Occupational Safety and Health which provides that an employer must designate one or more workers to deal with the activities of protection and prevention of occupational risks in the unit. It also indicates that if the resources of the SMEs are not sufficient for the organization of protection activities due to the lack of specialized personnel, the employer is obliged to resort to external protection and prevention services accredited in the manner provided by the law (section 114). The Committee once again requests the Government to indicate what support mechanisms for the progressive improvement of OSH conditions in microenterprises, SMEs and the informal economy have been set up and implemented.

National programme

Article 5 of Convention No. 187. Formulation, implementation, monitoring, evaluation and periodic review of a national programme on OSH, in consultation with the most representative organizations of employers and workers. The Committee notes that the OSH Programme 2024–2028 is supported by an Action Plan for its implementation, included in Ministerial Order No. 72/2. The Government indicates that the Action Plan aims, inter alia, at increasing the level of compliance with and enforcement of the OSH regulatory framework; increasing the number of employers and employees with OSH knowledge in high-risk sectors; and promoting OSH culture. The Committee requests the Government to provide information on any evaluation carried out of the Action Plan in consultation with the social partners, and on how this evaluation contributes to the formulation of the Action Plan for the subsequent period. It also requests further information on how the Government ensures that the Action Plan is widely publicized and, to the extent possible, endorsed and launched by the highest national authorities.

II. Action at the level of the enterprise

Article 20 of Convention No. 155 and Article 4(2)(d) of Convention No. 187. Arrangements to promote cooperation between management, workers and their representatives in microenterprises and SMEs. The Committee notes that under section 9 of Decision No. 95/2009 approving the Regulation on the organization and functioning of the Occupational Safety and Health Committee, an occupational health and safety committee shall be established in all enterprises with more than 5 workers. The Committee takes note of this information which addresses its previous request.

In addition, the Committee recalls the pending comments regarding the technical OSH Conventions ratified: the Guarding of Machinery Convention, 1963 (No. 119), and the Safety and Health in Agriculture Convention, 2001 (No. 184), adopted by the Committee in 2021, and the Occupational Health Services Convention, 1985 (No. 161) adopted in 2024. The Government will be requested to reply to those comments in accordance with the reporting cycle.

Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on occupational safety and health (OSH), the Committee considers it appropriate to examine Conventions Nos 119 (guarding of machinery), 155 (OSH), 184 (safety and health in agriculture) and 187 (promotional framework for OSH) together.

A. General provisions

1. Occupational Safety and Health Convention, 1981 (No. 155)

2. Promotional Framework for Occupational Safety and Health Convention (No. 187)

I. Action taken at the national level

Article 2(3) of Convention No. 187. Consultation with the social partners to ratify relevant OSH Conventions. The Committee previously noted the Government’s statement that the Occupational Health Services Convention, 1985 (No. 161), was being targeted by the Ministry of Health for the preparation of ratification. The Committee notes that the Government report contains no information on this matter. The Committee therefore once again requests the Government to provide information on the consideration given, in consultation with the social partners, to the ratification of additional ILO conventions on OSH, including Convention No. 161.

B. National policy

Articles 4 and 7 of Convention No. 155, and Article 3(1) of Convention No. 187. Periodic review of the national policy and situation regarding occupational safety and health. The Committee notes that, in response to its previous comments, the Government once again refers to section 222 of the Labour Code and sections 4 and 5 of the Law on OSH, which provide for the areas to be covered by the state OSH policy, and the consultation that shall take place for its development and review. However, the Committee notes that a national OSH policy has not yet been adopted.  The Committee requests the Government to provide information on the steps taken for the formulation and implementation of a coherent national policy on occupational safety and health, and to provide information on the measures adopted to periodically review this policy, in consultation with the most representative organizations of employers and workers.

C. National system

Article 4(1) of Convention No. 187. Progressive development and periodic review in consultation with the most representative organizations of employers and workers. System of inspection. The Committee notes that, according to the Government’s report submitted for the Labour Inspection Convention, 1947 (No. 81), following the adoption of Law No. 191 of 2020 which amends a number of labour laws, supervision in the field of OSH, including the investigation of occupational accidents, was transferred from ten sectoral agencies to the State Labour Inspectorate (SLI) on 1 January 2021. With reference to its comment under Convention No. 81, the Committee requests the Government to continue providing information on the measures taken or envisaged to progressively develop a national OSH system in consultation with the social partners for the continuous improvement of OSH in the country.

Article 4(3)(d) of Convention No. 187. Occupational health services. The Committee previously requested the Government to provide information on how occupational health services are provided in undertakings with fewer than 50 workers. The Committee notes the Government’s reference to Chapters II, IV and V of the Regulation on the organization of activities for the protection of workers at work and occupational risk prevention, approved by Government Decision No. 95/2009, which regulates the organization and development of internal and external protection and prevention services. It also notes that, in accordance with section 11(4) of the Law on OSH, if the resources are not sufficient for the organization of protection activities, the employer is obliged to resort to external protection and prevention services accredited in the manner provided by law. Moreover, pursuant to section 7(12) of the Regulations on the organization and operation of the Ministry of Labour and Social Protection, approved by Government Decision No. 149/2021, the Ministry is responsible for ensuring, through the subordinated institutions, the provision of services in the fields of its competence. The Committee requests the Government to provide practical information on the provision of occupational health services in undertakings with fewer than 50 workers, particularly where provided by external services, including the number or proportion of such undertakings using internal and external protection and prevention services. The Committee also requests the Government to provide information on the accreditation of external occupational health services, as foreseen in section 11(4) of the Law on OSH, as well as on the subordinated institution of the Ministry of Labour and Social Protection that is responsible for occupational health services.

Article 4(3)(e) of Convention No. 187. Research on occupational safety and health. The Committee notes the Government’s reference to the checklist in the field of OSH used by the SLI when carrying out supervisory activities which, however, does not refer to research on occupational safety and health. The Committee once again requests the Government to provide information on the measures taken to carry out research on occupational safety and health.

Article 11(c) of Convention No. 155 and Article 4(3)(f) of Convention No.187. Procedures for the notification of accidents and diseases and the collection and analysis of data. In its previous comment, the Committee requested the Government to provide information on the mechanisms for the collection and analysis of data on cases of occupational disease. The Committee notes that Government Decision No. 1282 of 2016 on the Approval of the Sanitary Regulation Regarding the Research and Establishment of the Diagnosis of Occupational Disease (intoxication) provides that the investigation of suspected cases of occupational diseases (including poisoning), their registration and reporting, as well as the recommendation of measures to improve working conditions, are the responsibility of the specialists of the public health centres of the National Agency for Public Health. This Agency is a subordinate institute of the Ministry of Health. The Committee also notes that the labour inspection report 2020 does not provide statistics on occupational diseases. According to this report, the delayed or missing communication to the SLI by the employer of the occurrence of the accident itself is an obstacle to the investigation of the circumstances and causes of occupational accidents. The Committee requests the Government to provide further information on the activities of the National Agency for Public Health with regard to the collection and analysis of data on cases of occupational disease, including relevant statistics. It also requests the Government to indicate the measures adopted to ensure coordination and exchange of information between the National Agency for Public Health and the SLI. Furthermore, the Committee requests the Government to provide information on the measures taken to reinforce the application of procedures for the notification of occupational accidents and diseases by employers.

Article 4(3)(h) of Convention No. 187. Support mechanisms for progressive improvement of OSH conditions in micro-enterprises, small and medium-sized enterprises (SMEs) and the informal economy. Noting the absence of information on this point in the Government’s report, the Committee once again requests the Government to indicate whether support mechanisms for the progressive improvement of OSH conditions in micro-enterprises, SMEs and the informal economy have been set up and implemented, and if so, to provide information on the measures taken.

D. National programme

Article 5 of Convention No. 187. Formulation, implementation, monitoring, evaluation and periodic review of a national programme on OSH, in consultation with the most representative organizations of employers and workers. In its previous comment, the Committee urged the Government to pursue its efforts to formulate, adopt and implement a national OSH programme, in consultation with the most representative organizations of employers and workers. The Committee notes that one of the outcomes of Decent Work Country Programme (DWCP) 2016–2020 aimed at improving the capacity of tripartite constituents to effectively implement a gender-sensitive national OSH programme. Noting the absence of information on the progress made in this regard, the Committee once again urges the Government to pursue its efforts to formulate, adopt and implement a national OSH programme, in consultation with the most representative organizations of employers and workers, as required by Article 5(1) of the Convention.

II. Action at the level of the enterprise

Article 20 of Convention No. 155 and Article 4(2)(d) of Convention No. 187. Arrangements to promote, at the level of the enterprise, cooperation between management, workers and their representatives. Micro-enterprises and SMEs. The Committee notes the Government’s reference to section 14(1)(a) of the Law on OSH regarding the employers’ responsibility in providing information and taking protective and preventive measures at the level of the enterprise. It notes, however, that the Government does not provide any specific information concerning micro-enterprises and SMEs. The Committee once again requests the Government to provide specific information on any measures taken or envisaged to further promote OSH with respect to micro enterprises and SMEs.

Application of Conventions Nos 155 and 187 in practice. The Committee previously requested the Government to provide statistical information on the number and nature of contraventions reported and the number, nature and causes of occupational accidents. It also requested the Government to indicate the measures adopted in order to ensure continuous improvement of occupational safety and health in the country. The Committee notes that the statistics contained in the labour inspection report for 2020 include information on the number of controls carried out by OSH inspectors and the number of violations recorded. The labour inspection report also includes breakdowns on sector-based occupational accidents and fatalities as well as information on the causes of accidents. The Committee requests the Government to continue to provide statistical information on the number and nature of the contraventions reported and the number, nature and causes of occupational accidents.

E. Protection against specific risks

Guarding of Machinery Convention, 1963 (No. 119)

Article 1(3) of the Convention. Application of the provisions of the Convention to road and rail vehicles and to mobile agricultural machinery. The Committee previously noted that paragraph 2(e), Chapter I, of the Government Decision No. 130 of 2014 on the approval of Technical Regulations on Industrial Machines, excludes from the scope of its application: tractors and trailers intended for use in agriculture, except machinery mounted thereon; vehicles and their trailers, designed and constructed for use on the road; and means of transport by railroad tracks, except machinery installed thereon.

The Committee notes the Government’s indication that the relevant requirements are contained in OSH-related documents relevant for the activity of the Moldavian Railway Company and other road transport companies. The Government also refers to the provisions of Government Decision No. 603/2011 on minimum safety and health requirements for the use of work equipment by workers at work, which provides requirements applicable to mobile work equipment, self-propelled or not. The Committee requests the Government to provide further details on the provisions of the OSH-related documents that regulate the activity of the Moldavian Railway Company and other road transport companies giving effect to the provisions of the Convention. With regard to the exclusion of means of transport intended for use in the agriculture and forestry sector, the Committee refers to its comment below on Convention No. 184.

Articles 2 and 4. Prohibition of the sale and hire, transfer or exhibition of machinery without appropriate guards. The Committee previously noted that the obligation contained in paragraph 6 of the Technical Regulations on Industrial Machines refers to manufacturers or their authorized agent. The Committee requested the Government to indicate the measures adopted to give effect to Article 4 of the Convention, which provides that the obligation to ensure compliance with the requirements of Article 2 of the Convention shall rest on the vendor, the person letting out on hire or transferring the machinery in any other manner, on the exhibitor and, where appropriate under national laws or regulations, on their respective agents. Noting the absence of information on the matter, the Committee once again requests the Government to indicate the measures taken to give effect to Article 4 of the Convention.

Articles 6 and 11(1). Prohibition of the use of machinery without appropriate guards. Prohibition of a worker from using, or being required to use machinery without the guards provided being in position. Noting the absence of information in the Government’s report, the Committee once again requests the Government to indicate the measures that have been taken or are envisaged to: (i) prohibit the use of machinery, any dangerous part of which, including the point of operation, is without appropriate guard; and (ii) prohibit a worker from using or being required to use machinery without the guards provided being in position.

Article 13. Application to self-employed workers of the obligations of employers and workers contained in Part III of the Convention. Noting the absence of information in this regard, the Committee requests the Government to provide information regarding the application of Article 13 of the Convention.

Application in practice. The Committee notes that, according to the labour inspection report of 2020, the number of accidents, including fatal accidents, in the manufacturing industry is the highest after the public sector, including defence. The labour inspection report also indicates that accidents caused by catching, hitting or crushing of machineries and other equipment is the most common cause of occupational injuries. The Committee requests the Government to continue providing information on the application of the Convention in practice including statistics disaggregated by gender if available, on the number of workers covered by the legislation, the number and nature of the contraventions reported, the number, nature and causes of the accidents reported, and information on any practical difficulties in the application of the Convention.

F. Protection in specific branches of activity

Safety and Health in Agriculture Convention, 2001 (No. 184)

Article 4 of the Convention. National policy on safety and health in agriculture. Consultations with the representative organizations of employers and workers. The Committee previously requested the Government to provide information on the agricultural component of the draft National OSH Strategy and on the consultations held with employers’ and workers’ organizations for the elaboration of the strategy. Noting the absence of information in the Government’s report, the Committee requests the Government to provide information on any development regarding the elaboration of a national OSH strategy, indicating any provisions which specifically concern safety and health in agriculture, and on the manner in which the employers’ and workers’ organizations concerned have been consulted in the elaboration of this strategy.

Article 9. Technical standards. Machinery safety and ergonomics. Manufacturers, importers and suppliers. The Committee previously noted that the Technical Regulations on Industrial Machines do not apply to means of transport intended for use in the agriculture and forestry sector (tractors, trailers, towed machines, etc.). Noting the absence of information in the Government’s report, the Committee once again requests the Government to provide further information on the manner in which it is giving effect to Article 9 with regard to means of transport in the agricultural sector.

Article 11(1). Establishing safety and health requirements for the handling and transport of materials. Following its previous comments, the Committee notes with interest the Government’s indication in its report that the minimum requirements for safety and health at work for manual handling of loads presenting risks to workers was approved by Government Decision No. 584 of 2016. In accordance with section 5, when the manual handling of loads cannot be avoided, the employer must organize the work in such a way that the handling is as safe as possible for the health of workers. The employer is also obliged to evaluate in advance the OSH conditions in which the work is performed, taking into account the elements specified in Annex I, including characteristics of loads (maximum weight for different workers and situations), physical efforts required, characteristics of the working environment, activity requirements and individual risk factors. The Committee takes note of this information, which addresses its previous requests.

Article 12. Appropriate system for the importation, classification, packaging and labelling of chemicals, and adequate information. Disposal of chemical waste. Following its previous comments, the Committee notes that the several provisions of the Law on Chemicals, adopted in 2018, give effect to Article 12 of the Convention. Chapter III provides for the responsibilities and obligations of operators in the supply chain (manufacturers, importers and any other operators), including in particular section 13 (hazardous and risk information on chemical substances and mixtures), section 14 (packaging of chemical substances and chemical mixtures) and section 15 (presentation of information regarding chemicals). Section 31(2) provides that the collection, disposal and packaging of hazardous chemicals shall be carried out in accordance with the Law on waste (adopted in 2016). The Committee also notes that, according to section 46(2) of the Law on Chemicals, the Government shall ensure the gradual establishment of the classification and labeling system and inventory within three years of the entry into force of this Law. The Committee requests the Government to provide information on any development regarding the establishment of a classification and labelling system and inventory, as required by section 46(2) of the Law on Chemicals.

Article 13. Preventive and protective measures for the use of chemicals and handling of chemical waste at the level of the undertaking. The Committee notes that the Government’s report does not contain any information on the law and practice on preventive and protective measures for the use of chemicals and handling of chemical waste at the level of the undertaking. The Committee requests the Government to provide information on the law and practice followed in application of Article 13.

Article 14. Animal handling and protection against biological risks. The Committee previously requested the Government to provide information on progress made in adopting national provisions giving effect to Article 14 of the Convention. Noting the absence of information in this regard, the Committee once again requests the Government to provide information on progress made in adopting national provisions giving effect to Article 14 of the Convention and to supply a copy of these provisions once adopted.

Article 19(b). Minimum accommodation standards for agricultural workers. The Committee once again notes the absence of information on this point. It therefore requests the Government to indicate the legislation or other provisions prescribing minimum accommodation standards for workers who are required by the nature of the work to live temporarily or permanently in the undertaking, and to supply information on consultations held with representative organizations of employers and workers concerned in this regard.

Application in practice. The Committee refers to its comment on the application in practice of the Labour Inspection (Agriculture) Convention, 1969 (No. 129).

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

The Committee notes the adoption of Government Decision No. 130 on the Approval of the Technical Regulation on Industrial Machines, which entered into force on 21 February 2014.

Article 1(3) of the Convention. Application of the provisions of the Convention to road and rail vehicles and to mobile agricultural machinery. The Committee notes that pursuant to paragraph 2(e) of Chapter I, the Technical Regulation does not apply to: tractors and trailers intended for use in agriculture, except machinery mounted thereon; vehicles and their trailers, designed and constructed for use on the road; and means of transport by railroad tracks, except machinery installed thereon. The Committee recalls that, according to Article 1(3) of the Convention, the provisions of this Convention apply to road and rail vehicles during locomotion in relation to the safety of the operator, and to mobile agricultural machinery in relation to the safety of workers employed in connection with such machinery. The Committee requests the Government to provide information on measures taken to ensure the effective application of the Convention to road and rail vehicles during locomotion (in relation to the safety of the operator), and to mobile agricultural machinery in relation to the safety of workers employed in connection with such machinery.

Articles 2 and 4. Prohibition of the sale and hire, transfer or exhibition of machinery without appropriate guards. The Committee notes the Government’s statement that paragraph 6 of Chapter III of the Technical Regulation on Industrial Machines provides that, prior to the placing on the market and/or putting into service a machine, its manufacturer or his authorized representative shall make sure that the machines meet the essential health and safety requirements which are set out in Annex No. 1 of the Technical Regulation. It notes that paragraph 80 of Annex No. 1 of the Technical Regulation provides that the moving parts of machinery must be designed and constructed in such a way as to prevent risks of contact which could lead to accidents or must, if the risks persist, be fitted with safety devices or protective devices. Noting that the obligation contained in paragraph 6 of the Technical Regulation refers to manufacturers or his authorized agent, the Committee recalls that, pursuant to Article 4 of the Convention, the obligation to ensure compliance with the requirements of Article 2 of the Convention shall rest on the vendor, the person letting out on hire or transferring the machinery in any other manner, on the exhibitor and, where appropriate under national laws or regulations, on their respective agents. The Committee requests the Government to provide additional information on the measures taken to give effect to Article 4 of the Convention.

Article 6. Prohibition in national laws and regulations of the use of machinery without appropriate guards. The Committee requests the Government to indicate the measures that have been taken or are envisaged in order to prohibit, in accordance with the Convention, the use of machinery, any dangerous part of which, including the point of operation, is without appropriate guards.

Article 11(1). Measures to prohibit a worker from using, or being required to use machinery without the guards provided being in position. The Committee requests the Government to provide information on the measures taken or envisaged to give effect to Article 11(1) of the Convention, in order to ensure that no worker may be required to use any machinery without the guards provided being in position.

Article 13. Application to self-employed workers of the obligations of employers and workers contained in Part III of the Convention. The Committee requests the Government to provide information regarding the application of this provision of the Convention.

Application in practice. The Committee notes the information submitted with the Government’s report, indicating that the manufacturing industry has the highest number of serious and fatal work accidents, and that the labour inspectorate carried out a campaign in this industry to address this. Measures taken by inspectors with respect to prevention resulted in the substitution of certain dangerous equipment with less dangerous equipment, as well as providing technical equipment with protective devices. The statistical information provided by the Government indicates that the second most common type of occupational accident involved machinery (after falls from heights). The Committee requests the Government to continue to provide information on the application of the Convention in practice including, for instance, extracts from official reports with statistics disaggregated by gender if available, on the number of workers covered by the legislation, the number and nature of the contraventions reported, the number, nature and causes of the accidents reported, and information on any practical difficulties in the application of the Convention.

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

Article 4 of the Convention. National policy on safety and health in agriculture. Consultations with the representative organizations of employers and workers. The Committee notes from the Government’s report that among other actions envisaged to enhance occupational safety and health (OSH) in the country, the Government refers to the elaboration of a National OSH Strategy, designed for a period of three to four years, and its implementing plan of actions. The Committee requests the Government to provide information on provisions contained in the draft National OSH Strategy which specifically concern safety and health in agriculture, and on the manner in which the employers’ and workers’ organizations concerned were consulted in the elaboration of this strategy.

Article 9. Technical standards. Machinery safety and ergonomics. Manufacturers, importers and suppliers. In reply to the Committee’s previous request for information on the effect given to this Article of the Convention, the Government refers to Government Decision No. 603 of 11 August 2011 on minimum safety and health requirements for the use of work equipment which is applicable to all workers, including agricultural workers. The Committee notes in particular that Annexes 2 and 3 to the Decision set out a number of requirements regarding the installation, use, maintenance and safeguard of machinery and equipment, including personal protective equipment. It further notes the Government’s reference to Government Decision No. 138 of 10 February 2009 approving technical regulations, which also lays down rules regarding personal protective equipment, and to Government Decision No. 130 of 21 February 2014 approving technical regulations on industrial machinery which sets out requirements for the design, construction and placing on the market of machinery. It also notes that this latter Decision does not apply to means of transport intended for use in the agriculture and forestry sector (tractors, trailers, towed machines, etc.). The Committee requests the Government to provide further information on the manner in which it is giving effect to Article 9 as regards means of transport in the agricultural sector.

Article 11(1). Establishing safety and health requirements for the handling and transport of materials. The Committee notes the Government’s indication that the Ministry of Labour, Social Protection and Family is currently elaborating a draft Government Decision to transpose European Union Council Directive 90/269/EEC of 29 May 1990 on the minimum health and safety requirements for the manual handling of loads where there is a risk particularly of back injury to workers. It adds that the Act is due to enter into force in 2015 or 2016. The Committee draws the attention of the Government to the fact that the safety and health requirements envisaged in Article 11(1) of the Convention shall be based on risk assessment, technical standards and medical opinion, and established after consultation of the representative organizations of employers and workers concerned. The Committee requests the Government to transmit a copy of the Government Decision once it has been adopted and to provide information on the consultations carried out with the representative organizations of employers and workers concerned.

Article 12. Appropriate system for the importation, classification, packaging and labelling of chemicals, and adequate information. Disposal of chemical waste. The Committee notes the Government’s reference to Government Decision No. 324 of 30 May 2013 approving the sanitary regulations on occupational safety and health ensuring the protection of workers from risks due to chemical agents at the workplace. However, the Committee notes that while this Decision sets out general obligations for employers to assess, prevent and protect workers against risks due to chemical agents, it does not seem to contain provisions which would give effect to Article 12 of the Convention. In this respect, the Committee recalls that Article 12 provides for the institution of a national system establishing criteria for the importation, classification, packaging and labelling of chemicals used in agriculture, and for their banning or restriction; adequate and appropriate information to the users; and the establishment of a system for the safe collection, recycling and disposal of chemical waste. Therefore, the Committee requests the Government to provide information on the manner in which effect is given to Article 12 of the Convention, as regards:

• -the establishment of a national system specifying the criteria for the importation, classification, packaging and labelling of chemicals used in agriculture and for their banning or restriction (Article 12(a));
• -the obligation of those who produce, import, provide, sell, transfer, store or dispose of chemicals used in agriculture to comply with national safety and health standards and to provide adequate and appropriate information to the users in the appropriate official language of the country and, on request, to the competent authority (Article 12(b)); and
• -the establishment of a suitable system for the safe collection, recycling and disposal of chemical waste, obsolete chemicals and empty containers of chemicals (Article 12(c)).

Article 13. Preventive and protective measures for the use of chemicals and handling of chemical waste. The Committee notes the information provided by the Government in reply to its previous comment regarding the effect given to Article 13 of the Convention on preventive and protective measures for the use of chemicals and handling of chemical waste. The Committee requests the Government to continue to provide information in relation to the law and practice in relation thereto.

Article 14. Animal handling and protection against biological risks. The Committee notes the Government’s indication that effect will be given to this Article of the Convention through the transposition of Directive 2000/54/EC of the European Parliament and of the Council of 18 September 2000 on the protection of workers from risks related to exposure to biological agents at work and Commission Directive 91/322/EEC of 29 May 1991 on establishing indicative limit values by implementing Council Directive 80/1107/EEC on the protection of workers from the risks related to exposure to chemical, physical and biological agents at work. The transposition of these directives is planned for 2016. The Committee requests the Government to provide information on progress made in adopting national provisions which give effect to Article 14 of the Convention and to supply a copy of these provisions once they have been adopted.

Article 19(b). Minimum accommodation standards for agricultural workers. In the absence of the Government’s reply on this point, the Committee once again requests the Government to indicate the legislation or other provisions prescribing the minimum accommodation standards for workers who are required by the nature of the work to live temporarily or permanently in the undertaking and to supply information on consultations held with representative organizations of employers and workers concerned in this regard.

Application in practice. The Committee notes the detailed information provided by the Government regarding inspections visits carried out by the State Labour Inspectorate in 2013–14 and the results thereof. It notes in particular that according to national statistics, 8 per cent of the workers in the country are employed in conditions which do not meet OSH standards and are thus exposed to heat; noise or vibration levels above maximum exposure limits; gas, dust and other air impurities in high concentrations; and increased air humidity, etc. Furthermore, the Committee takes note of the statistical data provided by the Government concerning work-related accidents reported between 2009 and 2012. In this regard, it notes that the agricultural sector is still among high-risk sectors with 138 occupational accidents and 30 fatalities reported between 2009 and 2013. The Committee further notes that in general, injuries sustained are caused by falls, accidents due to machines and tools or falling objects. Finally, the Committee notes the Government’s indication that investigation of work-related accidents by the Labour Inspectorate is still hindered by delays in or lack of reporting of such occurrences by employers. The Committee requests the Government to continue to provide information on the manner in which the Convention is applied in practice, including information on the number of agricultural workers covered by the legislation, on activities carried out by the State Labour Inspectorate (monitoring and investigation of accidents) and the results thereof, and on the number, nature and causes of work-related accidents and cases of occupational diseases reported in the agricultural sector. It also requests the Government to supply specific information on measures, taken or envisaged, to ensure that work-related accidents are duly and timely reported and to address the causes of such accidents.

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

The Committee notes the information provided by the Government on the provisions in the Law on Occupational Safety and Health of 2008 giving effect to Article 5(e) of the Convention, as well as the information provided, in reply to the Committee’s previous request on Article 12(c), on Government Decision No. 130 approving the Technical Regulations on Industrial Machinery. The Committee regards the Government to continue to provide information on legislative changes and measures undertaken with regard to the Convention.

Article 4 of the Convention. Periodic review of the national policy and situation regarding occupational safety and health. With reference to its previous comment under the Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187), the Committee notes that section 4 of the Occupational Safety and Health Law of 2008 states that the state policy on occupational safety and health is developed and reviewed in consultation with organizations of employers and trade unions, taking account of the international norms in this field and technical progress, and section 5 of the Law outlines areas of action for this policy. In its report submitted under Convention No. 187, the Government indicates, with respect to national policy, that it is in the process of transposing EU Directives related to occupational safety and health, and that this transposition includes the participation of the social partners. The Committee requests the Government to continue to provide information on the formulation and implementation of a coherent national policy on occupational safety and health, and to provide information on measures taken to periodically review this policy, in consultation with the most representative organizations of employers and workers.

Application in practice. 1. General application. The Committee notes with concern the statement in the information note on occupational safety in the workplace, submitted with the Government’s report, that the number of fatal work accidents increased from 2012 to 2013. According to the annual reports of the state labour inspectorate, the number of fatalities due to work accidents rose from 32 in 2012 to 40 in 2013 to 42 in 2014. The Committee also notes that the information note identifies several measures that should be taken in order to continuously improve occupational safety and health in the country, including: the development of institutional capacities of the bodies with responsibilities in occupational safety and health; the focusing of inspection activities on high risk sectors; the promotion of occupational safety and health through the media; and the development of external services that provide assistance on safety and health at work. The Committee requests the Government to provide information on measures taken to improve the application of the Convention in practice, as well as the impact achieved, including statistical information on the number and nature of the contraventions reported and the number, nature and cause of occupational accidents. It also requests the Government to provide information on any measures taken pursuant to the steps identified, in the information note on occupational safety in the workplace, for the continuous improvement of occupational safety and health in the country.

2. Application of the Convention in the manufacturing sector. The Committee notes from the information note on occupational safety in the workplace that, between 2009 and 2014, the sector in which the most workers were injured was the manufacturing sector. The note indicates that in 2013, the state labour inspectorate undertook a campaign in the manufacturing sector to monitor health and safety, and information was published in newspapers related to the assessment of occupational risks in the manufacturing industry. The Committee requests the Government to continue to provide information on the measures taken to address the number of occupational accidents in the manufacturing sector, as well as the impact of those measures.

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

Article 2(3) of the Convention. Measures that could be taken, in consultation with social partners, to ratify relevant OSH Conventions. The Committee notes the Government’s statement that the Occupational Health Services Convention, 1985 (No. 161), is being targeted by the Ministry of Health for the preparation of ratification. The Government states that the social partners have been actively involved in this process. The Committee requests the Government to continue to provide information on the consideration, in consultation with the social partners, of the ratification of relevant OSH Conventions of the ILO, including Convention No. 161.

Article 3(1). Formulation of a national policy. The Committee requests the Government to refer to its comments under Article 4 of the Occupational Safety and Health Convention, 1981 (No. 155).

Article 4(1). Establish, maintain, progressively develop and periodically review a national OSH system in consultation with the social partners. The Committee notes the Government’s statement that the establishment, maintenance and progressive development of the national system of OSH is done through the transposition of EU Directives on OSH, and that each transposition involves the participation of the social partners. The Committee also notes the statement in the information note on occupational safety in the workplace for the years 2013 and 2014, submitted with the Government’s report, that certain measures are needed to continuously improve OSH, including: the development of institutional capacities of the bodies with responsibilities in OSH; the improvement of the legal framework in relation to social security for workers at risk of injury or illness; the transposition into national legislation of the EU Directives in the field of OSH; and the establishment of an accreditation system for external services on prevention and protection. The Committee requests the Government to continue to take measures to progressively develop a national system of OSH, in consultation with the social partners. It requests the Government to provide information on steps taken in that regard, including measures to implement the action identified, in the information note on occupational safety in the workplace, as being necessary for the continuous improvement of occupational safety.

Article 4(2)(d). Arrangements to promote, at the level of the undertaking, cooperation between management, workers and their representatives. The Committee previously noted the information provided by the Government on the operation and functions of OSH committees and OSH representatives, and requested information on arrangements for cooperation in micro-enterprises and small and medium-sized enterprises (SMEs).

The Committee notes that one of the measures recommended in the information note on occupational safety in the workplace is the continuous development of the social partners’ capacity and the promotion of social partnership in OSH in economic units. The Committee requests the Government to provide information on measures taken to further promote, at the level of the undertaking, cooperation between management, workers and their representatives on OSH, including measures taken with respect to micro enterprises and SMEs.

Article 4(3)(d). Occupational health services. The Committee previously noted the Government’s indication that occupational health services are provided by the state supervision services under the Ministry of Health, but that the employer is also responsible for setting up labour protection services in undertakings with 50 workers or more (pursuant to section 234 of the Labour Code) and a medical service in enterprises with 300 workers or more (pursuant to section 235 of the Labour Code).

The Committee notes the information provided by the Government on the monitoring activities undertaken in order to verify that occupational health services are provided in enterprises, including the number of enterprises checked. The Committee requests the Government to provide information on whether occupational health services are provided in undertakings with less than 50 workers.

Article 4(3)(e). Research on occupational health. Noting an absence of information on this point in the Government’s report, the Committee once again requests the Government to provide information on measures taken to carry out research on occupational health.

Article 4(3)(f). Mechanism for the collection and analysis of data on occupational injuries and diseases, taking into account relevant ILO instruments. The Committee notes that pursuant to section 225 of the Labour Code and section 13 of the Law on Occupational Safety and Health of 2008, an employer is required to ensure communication, investigation, record-keeping and reporting of work accidents and occupational diseases at an enterprise. The Regulation on the investigation of work accidents of 2005 provides that an employer must immediately notify the labour inspectorate about work accidents and ensure their investigation, and report annually on all work accidents to the authority responsible for statistics. In this regard, the Committee notes the statistical information concerning occupational accidents, including the cause of accidents and the sectors in which they occur, provided in the information note on occupational safety in the workplace, as well as the activity reports of the State Labour Inspectorate, submitted under the Labour Inspection Convention, 1947 (No. 81). The Committee requests the Government to provide further information on the mechanisms for the collection and analysis of data on cases of occupational disease.

Article 4(3)(h). Support mechanisms for progressive improvement of OSH conditions in micro-enterprises, SMEs and in the informal economy. Noting an absence of information on this point in the Government’s report, the Committee once again requests the Government to indicate whether support mechanisms for the progressive improvement of OSH conditions in micro-enterprises, SMEs and in the informal economy have been set up and implemented, and if so, to provide information on the measures taken.

Article 5. Formulation, implementation, monitoring, evaluation and periodic review of a national programme on OSH, in consultation with the most representative organizations of employers and workers. The Committee previously noted the Government’s indication that it was developing a National OSH programme for 2012–16, on the basis of a national OSH profile drawn up with the technical assistance of the ILO in 2011.

The Committee notes the Government’s statement that while the development of the national programme on OSH was an important step, the programme has not yet been approved, due to negative views expressed from relevant institutions and social partners. The Government indicates that the draft programme has been modified and it intends to apply this programme for the years 2015–18. The Committee urges the Government to pursue its efforts to formulate, adopt and implement a national OSH programme, in consultation with the most representative organizations of employers and workers, as required by Article 5(1) of the Convention. It requests the Government to provide information on the measures taken in this regard, including on the organizations of employers and workers that have been consulted, and the outcome of those consultations. It also requests the Government to provide information, in its next report, on the manner in which the elements outlined in Article 5(2)(a)–(e) are reflected in the national programme, once adopted.

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Article 2(1) of the Convention. Continuous improvement of occupational safety and health (OSH) by the development, in consultation with the most representative organizations of employers and workers, of a national policy, national system and national programme. Article 3. Formulation of a national policy. The Committee notes from the Government’s report that, since its independence, the Republic of Moldova has made constant efforts to modernize the OSH national system and that the country is engaged in a process of transposing relevant European directives into legislation and practice. In particular, following the implementation of the Directive 89/391/EEC, Law No. 186-XVI on health and safety at work of 2008 (the Occupational Safety and Health Law (the OSH Law)), which takes into account the Occupational Safety and Health Convention, 1981 (No. 155), and the revised European Social Charter, has been adopted. The OSH Law proposes a new preventative approach to health and safety at work. The Government also refers to the Labour Code, amended after the adoption of the OSH Law, several governmental decisions further implementing this Law, and the adoption of the Contravention Code in 2008, which introduces sanctions for violations of legal norms on health and safety at work. The Committee also notes that section 4 of the OSH Law provides for the development of a national policy on safety and health at work in consultation with the social partners. Nevertheless, according to the Government, there are no policy documents which are exclusively related to health and safety at work; the National Health Policy approved by Government Decision No. 886 of 6 August 2006, only partially concerns safety and health matters; and section 68 of the Policy provides for strengthening the legal framework regarding occupational hygiene. The Committee further notes from the Government’s report, that an important instrument of social partnership on health and safety at work is the consultation and collective bargaining committees at national, branch and territorial levels, as well as employer–worker social dialogue committees at the unit level. Under Law No. 245-XVI of 2006, the objectives of the National Commission for negotiations and collective bargaining, branch committees and regional committees include tripartite consultations on issues related to labour and socio-economic matters. In accordance with section 5 of this Law, draft legislation in the labour and socio-economic field is necessarily coordinated with the National Commission and the Commission’s opinion is mandatory. The Committee requests the Government to continue to provide any relevant information in respect of the application of these provisions of the Convention, including any developments concerning the elaboration of national policy, as well as consultations with the social partners on OSH and the results achieved.

Article 2(3). Measures that could be taken, in consultation with social partners, to ratify relevant OSH Conventions. The Committee notes that no information has been provided in relation to paragraph 3 of this Article of the Convention. The Committee asks the Government to indicate whether periodic consideration has been given to measures that could be taken to ratify relevant OSH Conventions of the ILO and the outcome of the consultations held with the social partners in this respect.

Article 4(1). Establish, maintain, progressively develop and periodically review a national OSH system in consultation with the social partners. The Committee asks the Government to provide further information on the measures taken to periodically review the national OSH system, and on the outcome of the consultations held with the social partners in this regard.

Article 4(2)(d). Arrangements to promote, at the level of the undertaking, cooperation between management, workers and their representatives. The Committee notes the detailed information in the Government’s report on the operation and the functions of OSH committees and OSH representatives. The Committee asks the Government to indicate how this cooperation applies to micro-enterprises and small and medium-sized enterprises (SMEs), and to provide information on the functioning of this cooperation at the level of the undertaking in practice.

Article 4(3)(d). Occupational health services. The Committee notes from the Government’s report that occupational health services are provided by the state supervision services under the Ministry of Health, but that the employer is also responsible for setting up labour protection services in undertakings with 50 workers and more (section 234 of the Labour Code) and a medical service in enterprises with 300 workers and more (section 235 of the Labour Code). The Committee requests the Government to provide information on whether there is any kind of occupational health services provided to undertakings with less than 50 workers.

Article 4(3)(e). Research on occupational health. The Committee requests the Government to indicate the arrangements, if any, taken to carry out research on occupational health.

Article 4(3)(f). Mechanism for the collection and analysis of data on occupational injuries and diseases, taking into account relevant ILO instruments. The Committee notes from the Government’s report that the state supervision services on public health has the responsibility to collect and systematically evaluate data on determinants of injuries. The Committee asks the Government to indicate the manner in which data on occupational injuries and diseases is collected and analysed, taking into account relevant ILO instruments for the collection and analysis of data.

Article 4(3)(h). Support mechanisms for progressive improvement of OSH conditions in micro-enterprises, SMEs and in the informal economy. The Committee asks the Government to indicate whether support mechanisms for the progressive improvement of OSH conditions in micro-enterprises, SMEs and in the informal economy have been set up and implemented, and to provide any useful information in this regard.

Article 5(1). Formulation, implementation, monitoring, evaluation and periodical review of a national programme on OSH, in consultation with the most representative organizations of employers and workers. The Committee notes that, according to the Government, a draft national OSH programme was developed, with the support of the ILO, for the period 2012–16, on the basis of a national OSH profile drawn up with the technical assistance of the ILO in 2011. It notes, however, that this draft programme has not yet been approved. The Committee asks the Government to keep the Office informed of any developments related to the adoption and implementation of the draft national OSH programme.

Part V of the report form. Application in practice. The Committee notes the Government’s preoccupation regarding a lack of training institutions for OSH specialists and the lack of human resources within the labour inspectorate. The Committee asks the Government to continue to provide any relevant information in relation to the application in practice of this Convention.

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

The Committee notes with interest the information provided by the Government in its latest report, and the attached documentation, indicating recent legislative amendments, which give  further effect to the Convention, including the Law on Occupational Safety and Health of 10 July 2008, No. 186-XVI. The Committee also notes the responses provided with regard to effect given to Articles 6(2) and 7(c) of the Convention. The Committee refers the Government to its previous comments on the Government’s proposed 2003 Plan of Measures to implement the provisions of the Convention and would be grateful if the Government would provide information on progress achieved in this respect. The Committee also reiterates its request that the Government submit a copy of Ordinance No. 193 of 3 September 2003.

The Committee notes that the Government has not provided supplementary information, as requested in the Committee’s previous comments, on effect given to the following provisions of the Convention:

Article 9, paragraph 1. Measures prescribing that personal protective equipment comply with recognized safety and health standards. Information on legislative or other provisions prescribing that personal protective equipment used in agriculture comply with national or other recognized safety and health standards.

Article 9, paragraphs 2 and 3. Provision of information on machinery safety and ergonomics. Measures to ensure that manufacturers, importers and suppliers comply with the technical standards and provide adequate and appropriate information, in the official language or languages of the user country, to the users and, on request, to the competent authority, and that employers ensure that workers receive and understand such information.

Article 11, paragraph 1. Establishing safety and health requirements for the handling and transport of materials. Measures to establish safety and health requirements, based on risk assessment, technical standards and medical opinion, for the handling and transport of materials, particularly on manual handling.

Article 12. Measures to be taken by the competent authority. Measures to ensure that the competent authority establish a system for the importation, classification, packaging and labelling of chemicals used in agriculture and for their banning or restriction as well as a system for the safe collection, recycling and disposal of chemical waste, obsolete chemicals and empty containers of chemicals; provision of adequate and appropriate information to the users from those who produce, import, provide, sell, transfer, store or dispose of chemicals used in agriculture.

Article 13. Preventive and protective measures. Measures to ensure that there are preventive and protective measures for the use of chemicals and handling of chemical waste at the level of the undertaking as well as for the preparation, handling, application, storage and transportation of chemicals.

Article 14. Activities to comply with national or other recognized health and safety standards. Information on national laws or regulations ensuring that risks such as those of infection, allergy or poisoning are prevented or kept to a minimum when biological agents are handled, and activities involving animals, livestock and stabling areas, comply with national or other recognized health and safety standards. Please also include information on legislative or other measures – including the development of national standards – specifically as regards the handling of poultry and the possible risks related thereto.

Article 19, paragraph (b). Minimum accommodation standards for workers. Information on legislative or other provisions prescribing the minimum accommodation standards for workers who are required by the nature of the work to live temporarily or permanently in the undertaking.

Part V of the report form. Application in practice. The Committee notes that the Government refers to the report on the activity of the labour inspection for 2008 regarding general information on the procedure of ensuring occupational safety and health in agriculture. The Committee requests the Government to submit relevant extracts of the latest labour inspection report as well as to provide information on any other measures taken or envisaged with regard to the application of the Convention in practice.

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

The Committee notes the information provided by the Government in its latest report, including responses indicating further effect given to Article 10 of the Convention.

Article 1. Measures to consider as machinery all power-driven new or second-hand machines. Article 3. Non-application of the prohibition established in Article 2 because of construction or installation of machinery ensuring their safe use. Article 4. Establishment of the obligation of the vendor, the person setting out on hire or transferring the machinery in any other manner, or the exhibitor. Article 6. Prohibition by national legislation of the use of machinery any dangerous part of which is without appropriate guards. Article 8. Non-application of the prohibition established in Article 6 because of construction or installation of machinery ensuring its safe use. The Committee notes that, in its latest report, the Government again refers to ongoing legislative changes intended to give effect to these Articles of the Convention. The Committee reiterates its hope that the legislative changes referred to will soon be completed; and requests the Government to keep the Committee informed of any progress in this respect, and to transmit copies of relevant legislation as soon as they have been adopted.

Article 2, paragraphs 1 and 2. Prohibition of the sale and hire, transfer or exhibition of machinery without appropriate guards. The Committee notes that, with respect to the application of this Article, the Government again refers to general requirements in Act No. 749 of 23 February 1996 concerning domestic trade and the prohibition for any commercial body to buy or sell goods that could endanger the life or health of users. Noting that the legislative provisions referred to are too general to give effect to paragraphs 1 and 2 of this Article, the Committee reiterates its request that the Government provide additional information on legislative measures taken to give effect to these provisions.

Article 2, paragraphs 3 and 4. Prescriptions regarding the design of machinery. With respect to the application of paragraphs 3 and 4 of this Article, the Government again refers to general requirements in Act No. 749 of 23 February 1996 concerning domestic trade and the prohibition for any commercial body to buy or sell goods that could endanger the life or health of users. Reference is again also made to provisions in the System of Standards for Occupational Safety and Health but this text is not available to the Committee and its legislative status is unclear. Noting that the provisions referred to in Act No. 749 of 23 February 1996 are too general to give effect to these paragraphs, and that the System of Standards for Occupational Safety and Health is not available, the Committee reiterates its request that the Government provide additional information on legislative measures taken to give effect to the provisions in paragraphs 3 and 4 of this Article and to submit a copy of the System of Standards for Occupational Safety and Health.

The Committee also notes that the Government has not provided any supplementary information, as requested in the Committee’s previous comments, on measures taken to give effect to the following provisions of the Convention:

–      Article 11(1) – measures to prohibit a worker from using, or being required to use machinery without the guards provided being in position;

–      Article 13 – application of measures taken to apply the Convention to self-employed workers; and

–      Article 14 – whether the term “employer” also includes a prescribed agent of the employer as provided in this Article.

Part V of the report form. Application in practice. The Committee requests the Government to provide a general appreciation of the manner in which the Convention is applied in practice including, for instance, extracts from official reports with statistics disaggregated by gender if available, on the number of workers covered by the legislation, the number and nature of the contraventions reported, the number, nature and causes of the accidents reported, etc., and information on any practical difficulties in the application of the Convention.

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

The Committee notes with interest the detailed information provided by the Government in its latest report, and the attached documentation, indicating recent legislative amendments giving further effect to the provisions of the Convention, including the Law on Occupational Safety and Health of 10 July 2008, No. 186‑XVI; Regulations on the Procedure of the organization of the activities, aimed at the protection of the employees at the workplace and prevention of the occupational risks, approved by the Decisions of the Government of 5 February 2009, No. 95; Regulations on the organization and functioning of the Committee on Occupational Safety and Health, approved by the Decision of the Government of 5 February 2009, No. 95; and the Code of Offences of 24 October 2008, No. 218 (article 55). The Committee also notes the responses provided indicating effect given to Article 5(b), Article 16(1) and (2), and Article 17 of the Convention. The Committee asks the Government to continue to provide information on legislative measures undertaken with regards to the Convention.

Article 5, subparagraph (e). Protection of workers and their representatives from disciplinary measures. The Committee notes that the Government indicated in its previous report that section 13 of the Labour Protection Law provided protection of workers from disciplinary measures. The Committee notes that the Government’s latest report does not specify measures under the Law on Occupational Safety and Health that provide for these protections. The Committee asks the Government to provide information on measures taken or envisaged to give effect to Article 5(e) of the Convention.

Article 12, subparagraph (c). Measures taken by those who design, manufacture, import, provide or transfer machinery, equipment or substances for occupational use in order to keep abreast of the development of scientific and technology knowledge. The Committee notes the information provided by the Government, as in its previous report, indicating that in accordance with section 229 of the Labour Code, enterprises, buildings and other installations, should be designed, built and used in such a way that they comply with the labour protection requirements and do not constitute a danger to the health and life of workers. The Committee reiterates its request that the Government indicate the measures taken or envisaged to ensure that those who design, manufacture, import, provide or transfer machinery, equipment or substances for occupational use, undertake studies and research or otherwise keep abreast of the scientific and technical knowledge necessary to comply with subparagraphs (a) and (b) of this Article.

Part V of the report form. Application in practice. The Committee requests the Government to give a general appreciation of the manner in which the Convention is applied in the country and attach extracts from inspection reports and, where such statistics exist, information on the number of workers covered by the legislation; the number and nature of the contraventions reported; and the number, nature and cause of accidents reported.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

1. The Committee notes the information provided by the Government in its first report.

2. Article 1 of the Convention. Measures to consider as machinery all power-driven new or second-hand machines; Article 3. Non-application of the prohibition established in Article 2 because of construction or installation of machinery ensuring their safe use; Article 4. Establishment of the obligation of the vendor, the person setting out on hire or transferring the machinery in any other manner, or the exhibitor; Article 6. Prohibition by national legislation of the use of machinery any dangerous part of which is without appropriate guards; and Article 8. Non-application of the prohibition established in Article 6 because of construction or installation of machinery ensuring its safe use. The Committee notes that in its report the Government refers to ongoing legislative changes intended to give effect to these Articles of the Convention. The Committee hopes that the legislative changes referred to will soon be completed, requests the Government to keep the Committee informed of any progress in this respect and to transmit copies of relevant legislation as soon as they have been adopted.

3. Article 2, paragraphs 1–2. Prohibition of the sale and hire, transfer or exhibition of machinery without appropriate guards. The Committee notes that with respect to the application of this Article, the Government refers to general requirements in Act No. 749 of 23 February 1996 concerning domestic trade and the prohibition for any commercial body to buy or sell goods that could endanger the life or health of users. Noting that the legislative provisions referred are too general to give effect to paragraphs 1 and 2 of this Article, the Committee requests the Government to provide additional information on legislative measures taken to give effect to these provisions.

4. Article 2, paragraphs 3–4. Prescriptions regarding the design of machinery. With respect to the application of paragraphs 3–4 of this Article, the Government again refers to general requirements in Act No. 749 of 23 February 1996 concerning domestic trade and the prohibition for any commercial body to buy or sell goods that could endanger the life or health of users. Reference is also made to provisions in the System of Standards for Occupational Safety and Health but this text is not available to the Committee and its legislative status is unclear. Noting that the provisions referred to in Act No. 749 of 23 February 1996 are too general to give effect to these paragraphs, and that the System of Standards for Occupational Safety and Health is not available, the Committee requests the Government to provide additional information on legislative measures taken to give effect to the provisions in paragraphs 3–4 of this Article and to submit a copy of the System of Standards for Occupational Safety and Health.

5. The Committee requests the Government to provide supplementary information on measures taken, including adopting relevant legislation, to give effect to the following provisions of the Convention:

–      Article 10 – measures establishing the employers’ obligation to bring relevant national legislation to the notice of workers;

–      Article 11 – measures to prohibit the use of machinery without the guards provided being in position or to make guards inoperative;

–      Article 13 – application of measures taken to apply the Convention to self-employed workers;

–      Article 14 – whether the term “employer,” also includes a prescribed agent of the employer as provided in this Article.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

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

2. Article 5, paragraph (b). The main spheres of action to be taken into account by a national policy on occupational safety, occupational health and the working environment. The Committee requests the Government to indicate to what extent the national policy on occupational safety, occupational health and the working environment covers the relationships between the material elements of work and the persons who carry out or supervise the work.

3. Article 12, paragraph (c). Measures taken by those who design, manufacture, import, provide or transfer machinery, equipment or substances for occupational use in order to keep abreast of the development of scientific and technology knowledge. The Committee requests the Government to indicate the studies and research carried out to fulfil the obligations which, by virtue of subsections (a) and (b) of this Article, fall upon those who design, manufacture, import, provide or transfer machinery, equipment or substances for occupational use.

4. Article 16, paragraphs 1 and 2. Obligation of employers to ensure the safety and health of workers in the workplace. The Committee requests the Government to indicate the legal provisions imposing upon employers the obligation to ensure that the workplaces, machinery, equipment and processes, as well as the chemical, physical and biological substances and agents under their control are without risk to the health and safety of the workers.

5. Article 17. Obligation of undertakings to collaborate whenever two or more are engaged in activities simultaneously at one workplace. The Committee requests the Government to indicate the legal provisions which establish the obligation of undertakings to collaborate in applying the requirements of the present Convention when two or more undertakings engage in activities simultaneously at one workplace.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

1. The Committee takes note of the comprehensive Government’s first report, including information on the practical application of the Convention through the Report on the Labour Inspection Activities for 2003, which allows the Committee to appreciate the manner in which the Convention is applied in practice in the country. It appears from the information available that legislative conformity is ensured with the main provisions of the Convention and that complementary information is required on the application of a number of points referred to in the following. The Committee takes this opportunity to refer to a project from 2003 to adopt a plan of measures to implement the provisions of the Convention and would be grateful if the Government would provide any information on progress achieved in this respect. The Government is requested to provide, in its next report, the information concerning the following points.

2. Article 6, paragraph 2, of the Convention. Information on the provisions of national laws and regulations or other measures taken by the competent authority regulating the prescribed cooperation in applying safety and health requirements between two or more employers that undertake activities in an agricultural workplace.

3. Article 7, paragraph (c). Information on legislative or other provisions containing the employers’ obligation to take immediate steps to stop any operation where there is an imminent and serious danger to safety and health and to evacuate workers.

4. Article 9, paragraph 1. Information on legislative or other provisions prescribing that personal protective equipment used in agriculture comply with national or other recognized safety and health standards.

5. Article 9, paragraphs 2 and 3. Measures to ensure that manufacturers, importers and suppliers comply with the technical standards and provide adequate and appropriate information, in the official language or languages of the user country, to the users and, on request, to the competent authority, and that employers shall be sure that workers receive and understand such information.

6. Article 11, paragraph 1. Measures to establish safety and health requirements, based on risk assessment, technical standards and medical opinion, for the handling and transport of materials, particularly on manual handling.

7. Article 12. Measures to ensure that the competent authority establish a system for the importation, classification, packaging and labelling of chemicals used in agriculture and for their banning or restriction as well as a system for the safe collection, recycling and disposal of chemical waste, obsolete chemicals and empty containers of chemicals; provision of adequate and appropriate information to the users from those who produce, import, provide, sell, transfer, store or dispose of chemicals used in agriculture.

8. Article 13. Measures to ensure that there are preventive and protective measures for the use of chemicals and handling of chemical waste at the level of the undertaking as well as for the preparation, handling, application, storage and transportation of chemicals.

9. Article 14. Information on national laws or regulations ensuring that risks such as those of infection, allergy or poisoning are prevented or kept to a minimum when biological agents are handled, and activities involving animals, livestock and stabling areas, comply with national or other recognized health and safety standards. Please also include information on legislative or other measures - including the development of national standards - specifically as regards the handling of poultry and the possible risks related thereto.

10. Article 19, paragraph (b). Information on legislative or other provisions prescribing the minimum accommodation standards for workers who are required by the nature of the work to live temporarily or permanently in the undertaking.

11. Part V of the report form. The Committee notes with interest the detailed information regarding the practical application of the Convention including the information contained in the report from the Labour Inspectorate Activities for 2003 as well as the institutional cooperation established between the labour inspectorate and the Ministry of Agriculture and Food Industry through Ordinance No. 193 of 3 September 2003 on measures related to labour protection. The Committee notes with concern that the labour inspectorate reports that in the course of inspections carried out in almost 300 agricultural undertakings, some 3,000 cases of infringements of legislative and other provisions in the area of occupational safety and health have been reported. The Committee also notes that, according to information in the report, the inspectorate exercises its authority, inter alia, through the granting of authorizations to undertakings to carry out productive activities and that such authorizations can be conditioned on establishing suitable occupational safety and health conditions. The Committee requests the Government to keep it informed of all these developments with its next report and to include information on any other measures taken or envisaged to address these concerns as well as a copy of Ordinance No. 193 of 3 September 2003.