Ensuring a safe and healthy workplace is a fundamental requirement for businesses operating in Moldova. The country's legal framework places significant emphasis on protecting employees from occupational hazards and risks, aligning with international labor standards and European Union directives. Compliance with these regulations is not only a legal obligation but also crucial for fostering a productive work environment and preventing accidents and ill health.
Employers operating within Moldova must navigate a comprehensive set of rules designed to promote occupational safety and health (OSH). Understanding these requirements is essential for establishing effective safety management systems, conducting necessary risk assessments, providing adequate training, and ensuring all workplace activities meet the required safety standards.
Health and Safety Laws and Regulatory Framework
The primary legal basis for occupational safety and health in Moldova is the Law on Occupational Safety and Health. This law establishes the general principles, rights, and obligations concerning OSH for both employers and employees. It is supplemented by numerous governmental decisions, regulations, and national standards that detail specific requirements for various industries, types of work, and hazards.
Key aspects of the regulatory framework include:
- Defining the responsibilities of employers and employees.
- Establishing requirements for risk assessment and prevention measures.
- Setting standards for workplace conditions, equipment, and personal protective equipment (PPE).
- Outlining procedures for OSH training and instruction.
- Mandating the investigation and reporting of workplace accidents and occupational diseases.
- Establishing the system for state supervision and control over OSH compliance.
The main authority responsible for overseeing and enforcing OSH legislation in Moldova is the State Labour Inspectorate.
Occupational Health and Safety Standards and Practices
Compliance with Moldovan OSH law requires employers to implement specific standards and practices within the workplace. These are designed to proactively identify, assess, and control risks.
Risk Assessment
Employers are legally required to conduct comprehensive risk assessments for all workplaces and work activities. This involves:
- Identifying potential hazards (e.g., physical, chemical, biological, ergonomic, psychosocial).
- Evaluating the risks associated with these hazards, considering the likelihood and severity of potential harm.
- Determining appropriate control measures to eliminate or reduce risks to an acceptable level.
- Documenting the findings of the risk assessment.
- Regularly reviewing and updating risk assessments, especially after changes in the workplace, equipment, or work processes, or after an accident.
Training Requirements
Providing adequate OSH training is mandatory. Training must be provided to all employees upon recruitment, when changing jobs or work equipment, when new technologies are introduced, and periodically thereafter. The training should cover:
- General OSH principles and legal requirements.
- Specific hazards related to their job and workplace.
- Safe work procedures and instructions.
- Use of personal protective equipment (PPE).
- Emergency procedures.
Training must be documented, and records should be maintained.
Safety Committees
For companies exceeding a certain number of employees (specified by law, typically 50 or more), the establishment of a Safety and Health Committee is mandatory. This committee is a joint body comprising representatives from both the employer and employees. Its role includes:
- Participating in the development and implementation of OSH policies and programs.
- Discussing OSH issues and proposing solutions.
- Reviewing accident reports and OSH inspection findings.
- Promoting OSH awareness among employees.
Documentation Obligations
Maintaining proper documentation is a critical aspect of OSH compliance. Required documents typically include:
- Risk assessment reports.
- OSH instructions and procedures for specific tasks.
- Records of OSH training provided to employees.
- Records of workplace inspections and audits.
- Documentation related to the provision and use of PPE.
- Accident investigation reports.
- Health surveillance records (where applicable).
Workplace Inspection Processes and Requirements
The State Labour Inspectorate is authorized to conduct inspections to verify employer compliance with OSH legislation. Inspections can be planned or unannounced. During an inspection, inspectors may:
- Examine workplaces, equipment, and work processes.
- Review OSH documentation (risk assessments, training records, procedures, etc.).
- Interview employers, managers, and employees.
- Investigate workplace accidents or complaints.
If non-compliance is found, the inspectorate can issue mandatory instructions for corrective actions, set deadlines for implementation, and impose fines or other penalties. Employers are required to cooperate fully with inspectors and provide access to all necessary information and areas of the workplace.
Workplace Accident Protocols and Reporting
Moldovan law mandates specific procedures for handling workplace accidents and occupational diseases.
Accident Protocols
In the event of a workplace accident, the employer must:
- Provide immediate first aid and ensure the injured person receives necessary medical attention.
- Secure the accident scene to prevent further incidents and preserve evidence.
- Immediately notify relevant authorities (State Labour Inspectorate, potentially police or other bodies depending on severity) for serious or fatal accidents.
- Form an investigation commission (including employer and employee representatives) to determine the causes and circumstances of the accident.
- Implement corrective measures to prevent recurrence.
Reporting
All workplace accidents resulting in temporary incapacity for work for at least one day, serious injuries, or fatalities must be reported. Occupational diseases diagnosed by a medical professional must also be reported.
Reporting typically involves:
- Initial notification to the State Labour Inspectorate within a specified timeframe (often 24 hours for serious/fatal accidents).
- Submitting a detailed accident investigation report to the inspectorate after the investigation is completed.
- Maintaining internal records of all accidents and occupational diseases.
Employer and Employee Responsibilities for Workplace Safety
Both employers and employees have distinct but complementary responsibilities for ensuring workplace safety and health.
Employer Responsibilities
Employers bear the primary responsibility for creating and maintaining a safe working environment. Key duties include:
- Establishing and implementing an effective OSH management system.
- Identifying hazards and assessing risks.
- Implementing preventive and protective measures.
- Providing necessary OSH training and instruction.
- Providing appropriate PPE free of charge.
- Ensuring machinery and equipment are safe.
- Organizing health surveillance where required.
- Investigating and reporting workplace accidents and occupational diseases.
- Consulting with employees or their representatives on OSH matters.
- Providing necessary resources for OSH activities.
Employee Responsibilities
Employees also have a duty to contribute to their own safety and the safety of others. Their responsibilities include:
- Complying with OSH instructions and procedures.
- Using machinery, equipment, and substances correctly and safely.
- Using provided PPE correctly.
- Reporting any work situation they believe presents a serious and immediate danger.
- Reporting any accident or health problem arising from work.
- Cooperating with the employer and OSH representatives on OSH matters.
- Undergoing required medical examinations.
