CMNT_TITLE

Guarding of Machinery Convention, 1963 (No. 119) - Republic of Moldova (RATIFICATION: 2003)

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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.