Health and safety regulations in Moldova are primarily based on the Constitution of the Republic of Moldova and the Labour Code of the Republic of Moldova (No. 154-XV of March 28, 2003). These laws ensure the fundamental right to a healthy and safe environment and outline the rights and responsibilities of employers and employees regarding health and safety.

Employers' Responsibilities

Under Moldovan law, employers are required to develop and implement health and safety policies that comply with national legislation. They must also carry out risk assessments and implement measures to mitigate workplace hazards. Employers are obligated to provide workers with proper training, information, instructions, and supervision in matters of health and safety. They must also supply workers with the necessary personal protective equipment at no cost and establish arrangements for first aid and emergency procedures.

Employees' Rights

Moldovan employees have the right to a safe and healthy work environment. They can raise health and safety concerns without fear of reprisal and refuse to undertake hazardous work without appropriate protections. Employees also have the right to receive information and training on health and safety and participate in the development of health and safety policies and risk assessments.

Specific Areas of Health and Safety Regulations

Moldovan legislation covers a range of specific risk areas including chemical safety, fire safety, machinery and equipment safety, construction safety, and biological hazards. Laws address the handling, storage, and labeling of hazardous substances, fire prevention, emergency planning, and evacuation, standards for the design, operation, and maintenance of machinery to prevent accidents, measures to address specific construction site hazards, and guidelines to mitigate exposure to infectious agents and diseases.

Moldova has ratified key International Labour Organization (ILO) conventions regarding Occupational Health and Safety (OHS), including the Occupational Safety and Health Convention, the Promotional Framework for Occupational Safety and Health Convention, and the Safety and Health in Agriculture Convention. This commitment to international best practices is reflected in the country's Law on Occupational Safety and Health, which serves as the central legislative framework for OHS in Moldova.

Hazard Identification and Risk Assessment

Employers in Moldova are obligated to conduct workplace risk assessments to identify potential hazards. This process involves consultation with employees and includes the identification and management of chemical, physical, biological, and psychosocial hazards.

Prevention and Control Measures

Based on risk assessments, employers must implement preventive measures following the hierarchy of controls. This includes the elimination of hazards, substitution of hazardous substances or processes, implementation of engineering controls, administrative controls, and the use of Personal Protective Equipment (PPE).

Training and Education

Mandatory OHS training is provided to all employees by employers. This training includes general OHS awareness, job-specific hazard identification and mitigation, safe work procedures and practices, and emergency response procedures.

Occupational Health Surveillance

Moldova's ratification of the ILO Occupational Health Services Convention underscores the importance of occupational health services. Employers are responsible for conducting pre-employment and periodic health assessments for certain occupations, surveillance of the working environment for potential health risks, and offering health promotion programs and counseling.

Challenges and Improvements

Despite progress, challenges remain in implementing effective OHS practices in Moldova. These include limited resources, particularly for small and medium-sized enterprises (SMEs), coverage of informal workers by OSH regulations, and improving awareness about OHS rights and responsibilities among both employers and employees. Stronger enforcement is crucial for continued improvement.

In Moldova, the State Labour Inspectorate, a specialized body under the Ministry of Health, Labour and Social Protection, is primarily responsible for conducting workplace inspections. Their mandate is defined within the Law on the State Labour Inspection.

Inspection Procedures

Workplace inspections in Moldova follow a structured approach:

1. Planning: Inspections can be either scheduled or unscheduled, with the State Labour Inspectorate prioritizing high-risk industries and workplaces with a history of non-compliance.
2. Notification: Employers are usually given prior notice of an inspection, except in cases of suspected imminent danger.
3. On-site Inspection: This includes a review of documentation, a workplace walk-through to identify hazards, and interviews with employers, employees, and any health and safety representatives.
4. Report: The inspector prepares a report outlining findings and recommendations.
5. Enforcement Actions: Depending on the severity of violations, inspectors may issue improvement notices, fines, or work stoppages.

Inspection Criteria

Workplace inspections in Moldova assess compliance with a broad range of regulations, including:

• Risk Assessments and Hazard Controls
• Safe Work Procedures
• PPE Provision and Use
• Emergency Preparedness
• Training Records
• Accident and Incident Reporting

Inspection Frequency

The frequency of workplace inspections in Moldova varies based on risk factors. High-risk sectors may undergo more frequent inspections, while lower-risk workplaces might be inspected less often. The State Labour Inspectorate also conducts targeted inspection campaigns focusing on specific hazards or industries.

Follow-up Actions

After an inspection, employers must promptly address any violations identified, as specified in improvement notices. Inspectors may conduct follow-up visits to confirm compliance. Employers also have the right to appeal enforcement actions they deem unjustified.

In Moldova, it is crucial to report workplace accidents promptly. Employers are required to immediately inform the State Labour Inspectorate, National Social Insurance Office, Trade Union, and the National Public Health Agency in the event of an accident, according to Government Decision No. 1361/2009. In cases of severe or fatal accidents, the police must also be notified. Furthermore, employers are legally obliged to maintain detailed records of all workplace accidents as per The Law on Occupational Safety and Health, Article 20.

Investigation Procedures

Protocols for investigating workplace accidents have been established in Moldova. For accidents resulting in temporary incapacity to work, an employer-formed commission conducts the investigation, as outlined in the Regulation on Investigation of Occupational Accidents. The State Labour Inspectorate investigates serious and fatal accidents. The key objectives of these investigations are to identify the root causes of the accident, determine contributing factors, and develop preventive measures to avoid recurrence.

Compensation Claims

Workers in Moldova who are injured in workplace accidents or develop occupational diseases may be entitled to compensation. The National Social Insurance Office administers the work-related injury and occupational disease insurance scheme. Benefits may include medical treatment and rehabilitation costs, temporary disability benefits, permanent disability pensions, and survivor benefits in cases of fatal accidents. In cases where employer negligence is established, workers may seek additional compensation through civil lawsuits.