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Occupational Safety and Health (OSH)

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Moldova, Republic of - 2013

Themes

1 Description of national OSH regulatory framework
- 1.1 Description of OSH regulatory framework
  Summary/citation: The Labour Code of March 28, 2003 and the Occupational Safety and Health Act of July 10, 2008 are the main laws of Moldova on occupational safety and health. One of the basic principles of the Labour Code is to ensure the right of every worker to fair working conditions, including the conditions which meet the requirements of occupational safety and health. Section IX of the Labour Code is dedicated to occupational safety and health. The OSH Act supplements the occupational safety and health provisions of the Labour Code and provides the legal framework for the regulation of relations in the field of occupational safety and health between employers and workers. Legal provisions on protection of workers from specific occupational risks or hazards are contained in various separate legislative enactments such as: the Act on Dealing with Harmful Products and Substances, the Act on Safe Conduct of Nuclear and Radiological Activity, and the Act on Fire Safety. The functions, rights and duties related to the system of labour inspection are established by the Labour Inspection Act. The Code of Moldova on Violations of Law and the Criminal Code provide for penalties for violations of the laws and regulations concerning occupational safety and health.
  • Act of the Republic of Moldova on Safe Conduct of Nuclear and Radiological Activity, No. 132 of June 8, 2012
  • Code of the Republic of Moldova on Violations of Law
  • Law No. 186-XVI of 10 July 2008 on Occupational Health and Safety.
  • Labour Code No. 154-XV of 28 March 2003.
  • Code pénal n° 985-XV du 18 avril 2002.
  • Law No. 140-XV of 10.05.2001 on Labour Inspection.
  • Act of the Republic of Moldova on Dealing with Harmful Products and Substances, No. 1236-XIII of July 3, 1997
  • Act of the Republic of Moldova on Fire Safety, No. 267-XIII of November 9, 1994
2 Scope, coverage and exclusions
- 2.1 Health and safety covers physical and psychological health
  No data available.
  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2021
- 2.2 Definition of worker
  Summary/citation: Worker is any person employed by the employer in accordance with the law, including trainees and apprentices.
  • Law No. 186-XVI of 10 July 2008 on Occupational Health and Safety. (Art. 22 )
  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2021
  - 2.2.1 Coverage of particular categories of workers
    Sometimes.
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2021
    - 2.2.1.1 Migrant workers
      Summary/citation: Worker is any person employed by the employer in accordance with the law, including trainees and apprentices.
      Remarks / comments: Migrant workers are not explicitly excluded from the definition of workers.
      • Law No. 186-XVI of 10 July 2008 on Occupational Health and Safety. (Art. 1)
      Related CEACR Comments
      • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2021
    - 2.2.1.2 Domestic workers
      Summary/citation: Worker is any person employed by the employer in accordance with the law, including trainees and apprentices.
      Remarks / comments: Domestic workers are not explicitly excluded from the definition of workers.
      • Law No. 186-XVI of 10 July 2008 on Occupational Health and Safety. (Art. 1)
      Related CEACR Comments
      • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2021
    - 2.2.1.3 Home workers
      Summary/citation: Worker is any person employed by the employer in accordance with the law, including trainees and apprentices.
      Remarks / comments: Home workers are not explicitly excluded from the definition of workers.
      • Law No. 186-XVI of 10 July 2008 on Occupational Health and Safety. (Art. 1)
      Related CEACR Comments
      • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2021
    - 2.2.1.4 Self-employed persons
      No data available.
- 2.3 Definition of employer
  Summary/citation: Employer is any natural or legal person who is in employment relationship with the worker and is responsible for the relevant undertaking.
  • Law No. 186-XVI of 10 July 2008 on Occupational Health and Safety. (Art. 1)
  Related CEACR Comments
  • Private Employment Agencies Convention, 1997 (No. 181) Direct Request 2014
- 2.4 Exclusion of branches of economic activity
  No data available.
  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2021
  - 2.4.1 Agriculture
    No data available.
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2021
    • Safety and Health in Agriculture Convention, 2001 (No. 184) Direct Request 2021
  - 2.4.2 Construction
    No data available.
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2021
  - 2.4.3 Services
    No data available.
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2021
  - 2.4.4 Public sector
    No data available.
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2021
  - 2.4.5 Other
    No data available.
- 2.5 Definition of occupational accident
  No data available.
- 2.6 Definition of occupational disease
  No data available.
  - 2.6.1 List of occupational diseases
    No data available.
  - 2.6.2 Mechanism for compensating other diseases as occupational ones
    No data available.
3 Institutions and programmes relating to OSH administration and/or enforcement
- 3.1 Competent national authority for safety and health at work
  Summary/citation: The Ministry of Labour, Social Protection and Family is the central agency of public administration, which coordinates occupational safety and health.
  • Law No. 186-XVI of 10 July 2008 on Occupational Health and Safety. (Art. 7)
  Related CEACR Comments
  • Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187) Direct Request 2021
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2021
  - 3.1.1 Objectives, roles and/or functions
    No data available.
  - 3.1.2 Chairperson and composition
    No data available.
- 3.2 National OSH research programme or institute
  No data available.
  Related CEACR Comments
  • Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187) Direct Request 2021
  - 3.2.1 Objectives, roles and/or functions
    No data available.
  - 3.2.2 Governance board constitution and chairmanship
    No data available.
  - 3.2.3 Source of funding
    No data available.
- 3.3 National OSH programme
  No data available.
  Related CEACR Comments
  • Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187) Direct Request 2021
  - 3.3.1 Consultation on the national OSH programme
    No data available.
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2021
4 Employers’ duties and responsibilities to protect the safety and health of workers and others
- 4.1 Duty to ensure the health and safety of employees
  Summary/citation: The employer has the duty to ensure occupational safety and health of workers in all aspects of performed activity.
  • Law No. 186-XVI of 10 July 2008 on Occupational Health and Safety. (Art. 9)
  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2021
- 4.2 Duty to protect the health and safety of people other than their own employees
  No data available.
  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2021
- 4.3 Collaboration among two or more employers at the same workplace
  Summary/citation: Without prejudice to other provisions of this Act, whenever at one workplace are present workers of several undertakings, their employers must collaborate in applying the provisions on occupational safety and health, taking into account the nature of activity.
  • Law No. 186-XVI of 10 July 2008 on Occupational Health and Safety. (Art. 9)
  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2021
- 4.4 Surveillance of workers’ health in relation to work
  Summary / Citation: The employer has the duty to ensure carrying out periodic medical examination and, if necessary, periodic psychological testing of workers.
  • Law No. 186-XVI of 10 July 2008 on Occupational Health and Safety. (Art. 13)
  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2021
  - 4.4.1 Specific hazards for which surveillance is required
    No data available.
- 4.5 Surveillance of the working environment and working practices
  No data available.
  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2021
- 4.6 Duty to provide personal protective equipment
  Summary / Citation: The employer has the duty to provide the workers with personal protective equipment at no cost.
  • Law No. 186-XVI of 10 July 2008 on Occupational Health and Safety. (Art. 13)
  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2021
- 4.7 Duty to ensure the usage of personal protective equipment
  No data available.
  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2021
- 4.8 Duty to provide first-aid and welfare facilities
  Sometimes.
  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2021
  - 4.8.1 Arrangements for first-aid
    Summary / Citation: In case of serious and imminent danger the employer is obliged to take necessary measures with regard to first-aid, fire fighting and evacuation of workers taking into account the nature of activity and the size of the undertaking, as well as taking into account the presence of other persons.
    • Law No. 186-XVI of 10 July 2008 on Occupational Health and Safety. (Art. 12)
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2021
  - 4.8.2 Sanitary installations
    Summary / Citation: The employer must provide workers with sanitary conditions required for the performance of their job duties.
    • Labour Code No. 154-XV of 28 March 2003. (Art. 10)
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2021
  - 4.8.3 Drinking water
    No data available.
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2021
  - 4.8.4 Rest and eating areas
    No data available.
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2021
5 Employers’ duty to organize prevention formally along generally accepted OSH management principles and practices
- 5.1 Elements of an OSH management system
  Sometimes.
  - 5.1.1 Policy or plan specifying responsibilities and arrangements for health and safety
    Summary/citation: The employer has the duty to draw up, if it is required by the character and degree of occupational risk, the annual plan of protection and prevention, including technical, sanitary, organizational and other measures, based on the assessment of occupational risks, and to apply it according to the conditions of work, specific to the undertaking.
    • Law No. 186-XVI of 10 July 2008 on Occupational Health and Safety. (Art. 13)
  - 5.1.2 Appointment of a person for health and safety
    No data available.
  - 5.1.3 Written risk assessment
    Summary/citation: Without prejudice to other provisions of the present Act, in view of the nature of work of the undertaking, the employer must assess occupational risks, in particular in choosing the work equipment, used chemicals or preparations, and also in equipping workplaces.
    • Law No. 186-XVI of 10 July 2008 on Occupational Health and Safety. (Art. 10)
  - 5.1.4 Safe operating work systems and procedures
    No data available.
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2021
  - 5.1.5 Training and information on risks
    Summary/citation: The employer must ensure the conditions under which every worker receives sufficient, adequate, theoretical and practical training in occupational safety and health, in particular, in the form of information, instruction and/or lectures in the following cases: a) when taking up a job - general introductory training and training in the workplace; b) at change of job, transfer or movement; c) at introduction of new work equipment or modification of existing equipment; d) at introduction of new technology or work methods; e) at performance of special works.
    • Law No. 186-XVI of 10 July 2008 on Occupational Health and Safety. (Art. 17)
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2021
  - 5.1.6 Review or assessment of the results of preventive measures
    No data available.
  - 5.1.7 Consultation with workers in health and safety
    No data available.
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2021
- 5.2 Obligation to implement a specific OSH management system or standard
  No data available.
6 Employers’ duty to ensure availability of expertise and competence in health and safety
- 6.1 OSH competence
  Sometimes.
  - 6.1.1 Requirement to access expert advice and/or support in health and safety
    Summary / Citation: If the resources of the undertaking are insufficient for the organization of protective and preventive measures in view of absence of the competent staff, the employer must invite external services of protection and prevention accredited in the manner prescribed by law.
    • Law No. 186-XVI of 10 July 2008 on Occupational Health and Safety. (Art. 11)
    - 6.1.1.1 Qualifications of experts or professional services
      No data available.
- 6.2 Appointment of an OSH practitioner
  Summary/citation: Employers must appoint one or more workers to perform the work related to the protection from and prevention of occupational risks in the undertaking.
  • Law No. 186-XVI of 10 July 2008 on Occupational Health and Safety. (Art. 11)
  - 6.2.1 Workforce size threshold for the appointment of OSH practitioners
    No data available.
7 Workers' rights and duties
- 7.1 Duty to take reasonable steps to protect their own safety and health
  Summary / Citation: Every worker must carry out his/her work in accordance with the training and instructions on occupational safety and health received from the employer, so as not to jeopardize his/her own safety and health and those of other persons who may be affected by his/her acts or omissions at work.
  • Law No. 186-XVI of 10 July 2008 on Occupational Health and Safety. (Art. 19, Para. 1)
- 7.2 Duty to take reasonable steps to protect the safety and health of others
  Summary / Citation: Every worker must carry out his/her work in accordance with the training and instructions on occupational safety and health received from the employer, so as not to jeopardize his/her own safety and health and those of other persons who may be affected by his/her acts or omissions at work.
  • Law No. 186-XVI of 10 July 2008 on Occupational Health and Safety. (Art. 19, Para. 1)
- 7.3 Supervisors’ duty to take reasonable steps to protect the safety and health of others
  No data available.
- 7.4 Senior officers’ duty to take reasonable steps to protect the safety and health of others
  No data available.
- 7.5 Self-employed persons’ duty to take reasonable steps to protect their own and other people’s health and safety
  No data available.
- 7.6 Duty to comply with OSH-related requirements
  Summary / Citation: The worker has the duty to comply with the requirements of the laws and regulations on occupational safety and health.
  • Labour Code No. 154-XV of 28 March 2003. (Art. 9)
- 7.7 Right to enquire about risks and preventive measures
  Summary / Citation: Every worker has the right to receive from the employer true information on the working conditions, any existing safety and health hazards, as well as on protective measures against the impact of occupational risks or hazards.
  • Law No. 186-XVI of 10 July 2008 on Occupational Health and Safety. (Art. 20, Para. b)
  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2021
- 7.8 Right to remove themselves from a dangerous situation
  Summary / Citation: Every worker has the right to refuse to perform his/her work in case there is a danger to his/her life or health, until such a danger has been eliminated.
  • Law No. 186-XVI of 10 July 2008 on Occupational Health and Safety. (Art. 20, Para. c)
  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2021
- 7.9 Right to be reassigned to non-hazard work
  Summary / Citation: The employer is under the obligation to carry out in the procedure established by the present code, transference to an easier work of the employees, who require the transference for health reasons.
  • Labour Code No. 154-XV of 28 March 2003. (Art. 225(x))
  - 7.9.1 Right to withdraw with compensation when workers are not reassigned to non-hazard work
    No data available.
8 Consultation, collaboration and co-operation with workers and their representatives
- 8.1 National OSH committee, commission, council or similar body
  No data available.
  Related CEACR Comments
  • Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187) Direct Request 2021
  - 8.1.1 Objectives, roles and/or functions
    No data available.
  - 8.1.2 Constitution and chairmanship modalities
    No data available.
- 8.2 Employers’ duty to consult workers on risks
  No data available.
  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2021
- 8.3 Workers’ right to select their representatives for health and safety matters
  No data available.
  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2021
  - 8.3.1 Workforce size conditions for workers’ representation in health and safety
    No data available.
  - 8.3.2 Conditions of eligibility to represent workers in health and safety
    No data available.
- 8.4 OSH representatives’ functions, rights and powers
  Sometimes.
  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2021
  - 8.4.1 Right to inspect the workplace
    No data available.
  - 8.4.2 Right to access OSH information
    Summary / Citation: The employer must take appropriate measures to ensure that workers and / or their representatives in the undertaking receive all necessary information on occupational risks, as well as actions and measures of protection and prevention both at the level of the undertaking as a whole and at the level of each type of work post and / or a position in particular.
    • Law No. 186-XVI of 10 July 2008 on Occupational Health and Safety. (Art. 14, Para. 1, sub-Para. a)
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2021
  - 8.4.3 Right to be present at interviews
    No data available.
  - 8.4.4 Right to receive professional assistance from OSH experts
    No data available.
  - 8.4.5 Right to accompany inspectors
    No data available.
  - 8.4.6 Right to use facilities
    No data available.
  - 8.4.7 Right to have time off work with pay to perform duties
    Summary / Citation: The employer must give representatives of workers free time which is paid appropriately, and provide them with necessary means to allow them exercise the rights and the duties arising under this Act.
    • Law No. 186-XVI of 10 July 2008 on Occupational Health and Safety. (Art. 15, Para. 6)
  - 8.4.8 Right to issue remedial notices
    Summary / Citation: Representatives of workers have the right to demand from the employer to take appropriate measures and to submit him/her proposals to eliminate occupational risks to which workers are exposed, and/or exclude the danger.
    • Law No. 186-XVI of 10 July 2008 on Occupational Health and Safety. (Art. 15, Para. 4)
  - 8.4.9 Right to resolve OSH issues in consultation with employers
    Summary / Citation: Employers must consult workers and/or their representatives and allow them to participate in discussions on all matters associated with occupational safety and health at a workplace.
    • Law No. 186-XVI of 10 July 2008 on Occupational Health and Safety. (Art. 15, Para. 1)
  - 8.4.10 Right to direct that dangerous work cease
    No data available.
- 8.5 Right of workers’ representatives from outside the undertaking to address OSH issues at the workplace
  No data available.
  - 8.5.1 Right to enter the workplace
    No data available.
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2021
  - 8.5.2 Right to investigate suspected non-compliance with OSH legislation
    No data available.
  - 8.5.3 Right to consult with workers
    No data available.
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2021
  - 8.5.4 Right to advise workers
    No data available.
  - 8.5.5 Right to initiate enforcement action
    No data available.
- 8.6 Joint OSH Committee
  Summary / Citation: In order to implement the provisions of Article 14 and part (1) of Article 15 of the Act a committee on occupational safety and health must be set up at the level of the undertaking.
  • Law No. 186-XVI of 10 July 2008 on Occupational Health and Safety. (Art. 16, Para. 1)
  - 8.6.1 Participation of workers’ representatives in joint OSH committee
    Summary / Citation: The committee on occupational safety and health must be formed on a parity basis by representatives of the employer, and respectively, workers.
    • Law No. 186-XVI of 10 July 2008 on Occupational Health and Safety. (Art. 16, Para. 2)
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2021
  - 8.6.2 Conditions for establishing a joint OSH committee
    No data available.
  - 8.6.3 Objectives, roles and/or functions of joint OSH committees
    No data available.
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2021
  - 8.6.4 Keeping record of the work of joint OSH committees
    No data available.
  - 8.6.5 Sharing the minutes of joint OSH committees meetings
    No data available.
- 8.7 Mandatory training for members of joint OSH committee(s)
  No data available.
  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2021
- 8.8 Protection against reprisals
  No data available.
  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2021
- 8.9 Immunity from civil and criminal liability for exercising OSH related rights and duties
  No data available.
  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2021
9 Specific hazards or risks
- 9.1 Biological hazards
  No data available.
  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2021
- 9.2 Chemical hazards
  No data available.
  - 9.2.1 Handling, storage, labelling and use
    No data available.
    Related CEACR Comments
    • Safety and Health in Agriculture Convention, 2001 (No. 184) Direct Request 2021
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2021
  - 9.2.2 Duty of manufacturers, suppliers and importers of chemicals in relation to the safety and health of users
    No data available.
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2021
  - 9.2.3 Pesticides
    No data available.
    Related CEACR Comments
    • Safety and Health in Agriculture Convention, 2001 (No. 184) Direct Request 2021
- 9.3 Ergonomic hazards
  No data available.
  Related CEACR Comments
  • Safety and Health in Agriculture Convention, 2001 (No. 184) Direct Request 2021
- 9.4 Physical hazards
  Sometimes.
  - 9.4.1 Ionising radiation
    Yes.
    • Act of the Republic of Moldova on Safe Conduct of Nuclear and Radiological Activity, No. 132 of June 8, 2012 (Art. 49)
  - 9.4.2 Vibration and noise
    No data available.
  - 9.4.3 Working at height
    No data available.
  - 9.4.4 Working in confined spaces
    No data available.
  - 9.4.5 Risks arising from poor maintenance of workplace facilities
    No data available.
  - 9.4.6 Exposure to extreme temperatures
    No data available.
  - 9.4.7 Fire risks
    Yes.
    • Act of the Republic of Moldova on Fire Safety, No. 267-XIII of November 9, 1994 (Art. 11)
  - 9.4.8 Tobacco
    No data available.
  - 9.4.9 Asbestos
    No data available.
  - 9.4.10 Risks related to nanotechnology
    No data available.
  - 9.4.11 Contraction of HIV in the workplace
    No data available.
- 9.5 Psychosocial hazards
  No data available.
  - 9.5.1 Psychosocial risks
    No data available.
  - 9.5.2 Occupational violence
    No data available.
- 9.6 Other hazardous substances
  Yes.
  • Act of the Republic of Moldova on Dealing with Harmful Products and Substances, No. 1236-XIII of July 3, 1997 (Art. 8)
- 9.7 Machineries
  No data available.
  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2021
  - 9.7.1 Risks related to machinery and tools
    No data available.
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2021
    • Guarding of Machinery Convention, 1963 (No. 119) Direct Request 2021
  - 9.7.2 Duty of designers and/or manufacturers of machineries in relation to the occupational safety and health of operators of machineries
    No data available.
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2021
    • Guarding of Machinery Convention, 1963 (No. 119) Direct Request 2021
    • Safety and Health in Agriculture Convention, 2001 (No. 184) Direct Request 2021
  - 9.7.3 Duty of designers, manufacturers, importers or suppliers of machineries to provide machineries information
    No data available.
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2021
    • Safety and Health in Agriculture Convention, 2001 (No. 184) Direct Request 2021
    • Guarding of Machinery Convention, 1963 (No. 119) Direct Request 2021
  - 9.7.4 Duty to purchase machineries from authorised/certificated suppliers or only if approved/certificated
    No data available.
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2021
    • Guarding of Machinery Convention, 1963 (No. 119) Direct Request 2021
  - 9.7.5 Maintenance of machinery and equipment
    No data available.
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2021
    • Safety and Health in Agriculture Convention, 2001 (No. 184) Direct Request 2021
    - 9.7.5.1 List of equipment where applicable
      No data available.
      Related CEACR Comments
      • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2021
- 9.8 Provisions to protect workers in specific condition of vulnerability
  Yes.
  - 9.8.1 Protection of pregnancy at work
    Summary / Citation: The groups of people subject to special types of risks: pregnant women, women in childbirth or lactating women, persons under the age of eighteen years and persons with limited functional abilities must be protected from dangers which threaten them in a special way.
    • Law No. 186-XVI of 10 July 2008 on Occupational Health and Safety. (Art. 22, Para. 1)
    Related CEACR Comments
    • Maternity Protection Convention, 2000 (No. 183) Direct Request 2021
    • Safety and Health in Agriculture Convention, 2001 (No. 184) Direct Request 2021
  - 9.8.2 Protection of lactating women at work
    Summary / Citation: The groups of people subject to special types of risks: pregnant women, women in childbirth or lactating women, persons under the age of eighteen years and persons with limited functional abilities must be protected from dangers which threaten them in a special way.
    • Law No. 186-XVI of 10 July 2008 on Occupational Health and Safety. (Art. 22, Para. 1)
    Related CEACR Comments
    • Maternity Protection Convention, 2000 (No. 183) Direct Request 2021
    • Safety and Health in Agriculture Convention, 2001 (No. 184) Direct Request 2021
  - 9.8.3 Limits to women’s access to specific occupations, undertakings or shifts
    Summary / Citation: It is forbidden to employ women in intensive labour and labour with harmful working conditions, and also in underground work, except for work in sanitary and consumer services and work which does not require physical labour. The list with types of intensive labour and work with harmful working conditions in which the use of the labour of women is forbidden, and also the maximum permissible norms of weights for manual lifting and moving by women is to be approved by the Government after consultations with the employers’ associations and trade unions.
    • Labour Code No. 154-XV of 28 March 2003. (Art. 248)
  - 9.8.4 Limits to workers’ access to specific occupations, undertakings or shifts by reason of age
    Summary / Citation: It is forbidden to employ persons under the age of eighteen years in intensive labour and labour with harmful and/or dangerous working conditions, in underground labour, and also in labour, the performance of which might be detrimental to their health and moral development (gambling, work in night-time entertainment establishments, production, transportation of and trading in alcoholic drinks, tobacco products, narcotics and toxic substances). The list with types of intensive labour and work with harmful and/or dangerous working conditions, in which the employment of persons under the age of eighteen years is forbidden, is to be approved by the Government after consultations with the employers’ associations and trade unions.
    • Labour Code No. 154-XV of 28 March 2003. (Art. 255)
    Related CEACR Comments
    • Minimum Age Convention, 1973 (No. 138) Direct Request 2020
10 Recording, notification and investigation of accidents/incidents and diseases
- 10.1 Duty to record and/or investigate the causes of work accidents, near misses incidents and cases of occupational diseases
  Sometimes.
  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2021
  - 10.1.1 Work-related accidents
    Summary / Citation: The employer has the duty to keep records of occupational accidents which cause the disability of a worker for more than three days.
    • Law No. 186-XVI of 10 July 2008 on Occupational Health and Safety. (Art. 13, Para. c)
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2021
  - 10.1.2 Near miss incidents
    No data available.
  - 10.1.3 Occupational diseases
    No data available.
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2021
- 10.2 Employers’ duty to notify OSH authorities of work related death and/or injuries to health
  Summary / Citation: The employer has the duty to draw up reports on occupational accidents which have occurred to workers for the competent authorities and in accordance with the laws and regulations in force.
  • Law No. 186-XVI of 10 July 2008 on Occupational Health and Safety. (Art. 13, Para. d)
  Related CEACR Comments
  • Labour Inspection Convention, 1947 (No. 81) Observation 2021
  • Labour Inspection Convention, 1947 (No. 81) Direct Request 2016
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2021
11 OSH inspection and enforcement of OSH legislation
- 11.1 Appointment of OSH inspectors
  Summary / Citation: The control of the application by employers of the present Act and other laws and regulations on occupational safety and health is exercised by the Labour Inspectorate.
  • Law No. 186-XVI of 10 July 2008 on Occupational Health and Safety. (Art. 8, Para. 1)
  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2021
- 11.2 OSH inspectors’ powers
  Sometimes.
  - 11.2.1 Power to enter workplaces
    Summary / Citation: When performing their functions the labour inspectors, upon presentation of proper credentials, have the right to enter freely at any hour of the day or night, without previous notice to the employer, workplaces, service and manufacturing premises.
    • Law No. 140-XV of 10.05.2001 on Labour Inspection. (Art. 8, Para. 1, sub-Para. (a))
    Related CEACR Comments
    • Labour Inspection Convention, 1947 (No. 81) Observation 2021
    • Labour Inspection Convention, 1947 (No. 81) Direct Request 2016
  - 11.2.2 Power to inspect and carry out any examination, test or enquiry
    Summary / Citation: When performing their functions the labour inspectors, upon presentation of proper credentials, have the right to request and receive from the employer documents and information, necessary for carrying out control and to require and receive, within their competence, explanations from the employer and workers.
    • Law No. 140-XV of 10.05.2001 on Labour Inspection. (Art. 8, Para. 1, sub-Para. (b),(c))
    Related CEACR Comments
    • Labour Inspection Convention, 1947 (No. 81) Observation 2021
    • Labour Inspection Convention, 1947 (No. 81) Direct Request 2016
  - 11.2.3 Power to investigate
    No data available.
  - 11.2.4 Duty to provide advice on OSH
    Summary / Citation: The Labour Inspectorate has the power to provide methodological and advisory assistance to workers and employers.
    • Labour Code No. 154-XV of 28 March 2003. (Art. 374, Para. 1, sub-Para. 6)
    Related CEACR Comments
    • Labour Inspection Convention, 1947 (No. 81) Observation 2021
    • Labour Inspection Convention, 1947 (No. 81) Direct Request 2016
- 11.3 OSH inspectors’ enforcement powers
  Sometimes.
  - 11.3.1 Power to issue orders or notices
    Summary / Citation: When performing their functions the labour inspectors, upon presentation of proper credentials, have the right to require the immediate (or within an established time limit) elimination of revealed violations of laws and regulations relating to conditions of work and protection of workers in the course of carrying out their functions.
    • Law No. 140-XV of 10.05.2001 on Labour Inspection. (Art. 8, Para. 1, sub-Para. (d))
    Related CEACR Comments
    • Labour Inspection Convention, 1947 (No. 81) Observation 2021
    • Labour Inspection Convention, 1947 (No. 81) Direct Request 2016
  - 11.3.2 Power to impose financial penalties
    No data available.
  - 11.3.3 Power to revoke or suspend licenses or authorisations
    Summary / Citation: When performing their functions the labour inspectors, upon presentation of proper credentials, have the right to ask the competent public authorities the revocation of permission (license) for the activity of the employer as a result of repeated deliberate non-execution of injunctions on elimination of violations of the laws and regulations on labour and occupational safety and health. The labour inspectors and the authority in the area of occupational safety and health have the right to propose cancellation of conclusions on the entry into production of samples of technical means and personal protective equipment, work clothes and footwear, if it is established that in connection with the change of conditions on the basis of which they were issued, requirements of laws and regulations on occupational safety and health are not complied with.
    • Law No. 140-XV of 10.05.2001 on Labour Inspection. (Art. 8, Para.1, sub-Para. (d) and Art. 8, Para. 2, sub-Para. (b))
    Related CEACR Comments
    • Labour Inspection Convention, 1947 (No. 81) Observation 2021
    • Labour Inspection Convention, 1947 (No. 81) Direct Request 2016
  - 11.3.4 Power to require the cessation of dangerous work
    Summary / Citation: The labour inspectors and the authority in the area of occupational safety and health have the right to order the cessation of operation (including by sealing with indication in the inspection report) of workshops, hangars, shops, and other divisions of an undertaking, institution, and organization, use of buildings, structures and technical means, as well as suspension of operations and technological processes - only when there is an obvious threat of accident.
    • Law No. 140-XV of 10.05.2001 on Labour Inspection. (Art. 8, Para. 2, sub-Para. (a))
    Related CEACR Comments
    • Labour Inspection Convention, 1947 (No. 81) Observation 2021
    • Labour Inspection Convention, 1947 (No. 81) Direct Request 2016
  - 11.3.5 Power to initiate prosecutions
    No data available.
  - 11.3.6 Power to conduct prosecutions
    No data available.
  - 11.3.7 Other enforcement powers
    No data available.
- 11.4 Application of sanctions by courts
  Sometimes.
  - 11.4.1 Financial penalties for legal persons
    Summary / Citation: • Minimum financial penalty for corporations is 350 conditional units = 7,000 lei (566 US dollars);
    • Maximum financial penalty for corporations is 450 conditional units = 9,000 lei (728 US dollars);
    Violation of labour legislation, legislation on occupational safety and health entails imposition of a fine on legal entities ranging from 350 to 450 conditional units.
    • Code of the Republic of Moldova on Violations of Law (Articles 34 and 55, Para. 1)
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2021
  - 11.4.2 Financial penalties for natural persons
    Summary / Citation: • Minimum financial penalty for individuals is 100 conditional units = 2,000 lei (161 US dollars);
    • Maximum financial penalty for individuals is 500 conditional units = 10,000 lei (809 US dollars);
    Violation of labour legislation, legislation on occupational safety and health entails imposition of a fine on individuals ranging from 100 to 140 conditional units, and on officials ranging from 200 to 350 conditional units.
    A violation by an official or by a person managing a commercial, social, or another nongovernmental organization of rules on safety precautions, industrial hygiene or other rules of occupational safety and health, if such a violation causes accidents involving people or other severe consequences, shall be punished with a fine in the amount from 200 to 500 conditional units.
    • Code of the Republic of Moldova on Violations of Law (Articles 34 and 55, Para. 1)
    • Code pénal n° 985-XV du 18 avril 2002. (Arts. 64,183)
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2021
  - 11.4.3 Non-financial sanctions
    No data available.
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2021
  - 11.4.4 Criminal liability
    Summary / Citation: There is a possibility of prosecution for the crime of manslaughter (deprivation of life by negligence) under the criminal law.
    • Code pénal n° 985-XV du 18 avril 2002. (Art. 149)
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2021
  - 11.4.5 Terms of imprisonment for natural persons
    Summary / Citation: • Minimum term of imprisonment is 3 months. This is the shortest generally established term of imprisonment;
    • Maximum term of imprisonment is 6 years;
    A violation by an official or by a person managing a commercial, social, or another nongovernmental organization of rules on safety precautions, industrial hygiene or other rules of occupational safety and health, if such a violation causes accidents involving people or other severe consequences, shall be punished with a fine, a community service or with imprisonment for a term up to 2 years. The same action that causes by imprudence the death of a person shall be punished with imprisonment for a term from 2 to 6 years with deprivation of the right to hold certain positions or to practice certain activities for up to 3 years.
    • Code pénal n° 985-XV du 18 avril 2002. (Arts. 70,183)
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2021

References

Act of the Republic of Moldova on Safe Conduct of Nuclear and Radiological Activity, No. 132 of June 8, 2012
ЗАКОН РЕСПУБЛИКИ МОЛДОВА от 8 июня 2012 года №132 О безопасном осуществлении ядерной и радиологической деятельности
Code of the Republic of Moldova on Violations of Law
КОДЕКС РЕСПУБЛИКИ МОЛДОВА от 24 октября 2008 года №218-XVI О ПРАВОНАРУШЕНИЯХ
Law No. 186-XVI of 10 July 2008 on Occupational Health and Safety.
Labour Code No. 154-XV of 28 March 2003.
Code pénal n° 985-XV du 18 avril 2002.
Law No. 140-XV of 10.05.2001 on Labour Inspection.
Act of the Republic of Moldova on Dealing with Harmful Products and Substances, No. 1236-XIII of July 3, 1997
ЗАКОН РЕСПУБЛИКИ МОЛДОВА от 3 июля 1997 года №1236-XIII О режиме вредных продуктов и веществ (по состоянию на 4 июня 2010 года)
Act of the Republic of Moldova on Fire Safety, No. 267-XIII of November 9, 1994
ЗАКОН РЕСПУБЛИКИ МОЛДОВА от 9 ноября 1994 года №267-XIII О пожарной безопасности (по состоянию на 17 декабря 2009 года)
Labour inspection country profile of Republic of Moldova
Occupational safety and health country profile of Republic of Moldova

Moldova, Republic of - 2013

Themes

1 Description of national OSH regulatory framework

1.1 Description of OSH regulatory framework

2 Scope, coverage and exclusions

2.1 Health and safety covers physical and psychological health

2.2 Definition of worker

2.2.1 Coverage of particular categories of workers

2.2.1.1 Migrant workers

2.2.1.2 Domestic workers

2.2.1.3 Home workers

2.2.1.4 Self-employed persons

2.3 Definition of employer

2.4 Exclusion of branches of economic activity

2.4.1 Agriculture

2.4.2 Construction

2.4.3 Services

2.4.4 Public sector

2.4.5 Other

2.5 Definition of occupational accident

2.6 Definition of occupational disease

2.6.1 List of occupational diseases

2.6.2 Mechanism for compensating other diseases as occupational ones

3 Institutions and programmes relating to OSH administration and/or enforcement

3.1 Competent national authority for safety and health at work

3.1.1 Objectives, roles and/or functions

3.1.2 Chairperson and composition

3.2 National OSH research programme or institute

3.2.1 Objectives, roles and/or functions

3.2.2 Governance board constitution and chairmanship

3.2.3 Source of funding

3.3 National OSH programme

3.3.1 Consultation on the national OSH programme

4 Employers’ duties and responsibilities to protect the safety and health of workers and others

4.1 Duty to ensure the health and safety of employees

4.2 Duty to protect the health and safety of people other than their own employees

4.3 Collaboration among two or more employers at the same workplace

4.4 Surveillance of workers’ health in relation to work

4.4.1 Specific hazards for which surveillance is required

4.5 Surveillance of the working environment and working practices

4.6 Duty to provide personal protective equipment

4.7 Duty to ensure the usage of personal protective equipment

4.8 Duty to provide first-aid and welfare facilities

4.8.1 Arrangements for first-aid

4.8.2 Sanitary installations

4.8.3 Drinking water

4.8.4 Rest and eating areas

5 Employers’ duty to organize prevention formally along generally accepted OSH management principles and practices

5.1 Elements of an OSH management system

5.1.1 Policy or plan specifying responsibilities and arrangements for health and safety

5.1.2 Appointment of a person for health and safety

5.1.3 Written risk assessment

5.1.4 Safe operating work systems and procedures

5.1.5 Training and information on risks

5.1.6 Review or assessment of the results of preventive measures

5.1.7 Consultation with workers in health and safety

5.2 Obligation to implement a specific OSH management system or standard

6 Employers’ duty to ensure availability of expertise and competence in health and safety

6.1 OSH competence

6.1.1 Requirement to access expert advice and/or support in health and safety

6.1.1.1 Qualifications of experts or professional services

6.2 Appointment of an OSH practitioner

6.2.1 Workforce size threshold for the appointment of OSH practitioners

7 Workers' rights and duties

7.1 Duty to take reasonable steps to protect their own safety and health

7.2 Duty to take reasonable steps to protect the safety and health of others

7.3 Supervisors’ duty to take reasonable steps to protect the safety and health of others

7.4 Senior officers’ duty to take reasonable steps to protect the safety and health of others

7.5 Self-employed persons’ duty to take reasonable steps to protect their own and other people’s health and safety

7.6 Duty to comply with OSH-related requirements

7.7 Right to enquire about risks and preventive measures

7.8 Right to remove themselves from a dangerous situation

7.9 Right to be reassigned to non-hazard work

7.9.1 Right to withdraw with compensation when workers are not reassigned to non-hazard work

8 Consultation, collaboration and co-operation with workers and their representatives

8.1 National OSH committee, commission, council or similar body

8.1.1 Objectives, roles and/or functions

8.1.2 Constitution and chairmanship modalities

8.2 Employers’ duty to consult workers on risks

8.3 Workers’ right to select their representatives for health and safety matters