ORDER OF THE GOVERNMENT OF THE REPUBLIC OF MOLDOVA

of March 31, 1993 No. 161

About approval of the Regulations on procedure for conducting examination of working conditions

In pursuance of the order of the Government of the Republic of Moldova of December 15, 1992 N 820 "About creation of State examination of working conditions of the Republic of Moldova as a part of the Ministry of Labour and Social Protection" the Government of the Republic of Moldova decides:

1. Approve Regulations on procedure for conducting examination of working conditions it (is applied).

2. Determine that State examination of working conditions of the Republic of Moldova in development of the specified Provision can develop and approve techniques of carrying out separate types of examinations of working conditions.

Approved by the order of the Government of the Republic of Moldova of March 31, 1993 No. 161

REGULATIONS ON THE PROCEDURE FOR CONDUCTING EXAMINATION OF WORKING CONDITIONS

I. General provisions

1. Expertize of working conditions is carried out according to the Law of December 27, 1990 "About the state provision of pensions in the Republic of Moldova", the Law of July 2, 1991 "About labor protection" and the order of the Government of the Republic of Moldova of December 15, 1992 N 820 "About creation of State examination of working conditions of the Republic of Moldova as a part of the Ministry of Labour and Social Protection" the state experts State examination of working conditions.

2. Examination of working conditions at the companies and in the organizations, irrespective of patterns of ownership, is performed for the purpose of ensuring correctness of application of lists on preferential provision of pensions and additional vacations, preparation of suggestions for improvement of these lists, control of quality of certification of workplaces, security of the workers occupied at works with adverse conditions of work.

State examination of working conditions, proceeding from specific objectives, carries out the following types of examinations: examination of working conditions on workplaces; examination of quality of carrying out at the companies and in the organizations of certification of workplaces under the terms of work and their reference to category with harmful and severe conditions of work;

examination of working conditions by cost estimation on the privileges and compensations provided for work in adverse conditions for differentiation of rates of social insurance;

examination of the working conditions for the dispute resolution arising between legal entities and citizens (workers) concerning assessment of working conditions, provision of privileges and compensations for work in adverse conditions and also other disputes which are subject to consideration by State examination of working conditions;

examination of working conditions according to offers of the companies, organizations or trade-union bodies for the purpose of change of lists of production, works, professions, positions and indicators on preferential provision of pensions and additional vacations;

other types of examination following from tasks of State examination of working conditions.

II. Organization of examination of working conditions

3. Examination of working conditions is performed in planned and promptly.

4. State examination of working conditions can notify beforehand administration of the company, the organization on carrying out any kind of state examination of working conditions if considers that such notification will not cause damage to efficiency of examination. The due notice becomes for the purpose of high-quality and operational conducting examination.

At the same time the type or the purpose of examination, nature of the documents necessary for its carrying out can be specified.

5. For implementation of specific type of examination of working conditions highly qualified specialists of industries of the national economy and scientists with payment of their work, and also representatives of bodies of sanitary, technical inspection and trade-union bodies can be attracted in accordance with the established procedure.

When conducting examination of working conditions, and according to offers of the companies and organizations on changes in lists of productions, works, professions, positions and indicators on preferential provision of pensions and additional vacations by the companies and the organizations payment of laboratory measurements of dangerous and harmful factors of the production circle, and also work of the involved non-staff experts is made.

The laboratory measurements of working conditions necessary for needs of examination can be made by special laboratories which list affirms State examination of working conditions.

6. Upon termination of examination the state expert issues the corresponding conclusion of the established form of results of examination or necessary recommendations - according to the procedure of rendering the advisory help.

III. Procedure for conducting examination of working conditions

7. Examination of working conditions on workplace consists in complex assessment of factors of the production circle (physical, chemical, biological, psychophysiological) on the indicators exerting impact on health and efficiency of the person in the course of work.

At the same time the workplace is considered as the space equipped with necessary means in which the labor activity of the worker or the employee group jointly performing shop orders is performed. The workplace is part of production and technological structure of the company, intended for accomplishment of engineering (production) procedure and is determined on the basis of the labor and other existing standard rates.

8. When conducting examination of working conditions the state expert is guided by the current legislation, regulating documents determining requirements to condition of working conditions on workplaces and also other regulations regulating the right of workers to privileges and compensations for work in adverse conditions.

9. In the course of examination of working conditions on workplaces the state expert shall:

establish factors and the reasons of forming of adverse conditions of work;

determine compliance of instruments of labor, objects of work, products of work, the environment to the relevant standards and standard rates;

check observance by contractors of requirements of technology of conducting works, rules on labor protection and safe engineering, sanitary standards of productions and other regulating documents;

reveal all complex of the factors of the production circle (physical, chemical, biological, psychophysiological) which are adversely influencing the state of health of workers. The available data of laboratory inspections of workplaces in the current year are for this purpose used (magazines, protocols of measurements, the conclusion of local and shop therapists and the consultation of medical examination of viability (CMEV) about cases of occupational diseases, other data on availability of harmful factors);

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