Document from CIS Legislation database © 2003-2022 SojuzPravoInform LLC

ORDER OF THE GOVERNMENT OF THE REPUBLIC OF MOLDOVA

of December 27, 2016 No. 1408

About the Minimum requirements on health protection and labor safety for the pregnant women who recently gave rise or nursing workers

This Resolution states Articles 1 and 2 of the Section I, Article 4-6 of the Section II and appendix No. 1 and 2 of the Directive of the European Parliament and Council 92/85/EEC of October 19, 1992 about introduction of the measures promoting improvement of health protection and labor safety on workplace of the pregnant women who recently gave rise or nursing workers [the 10th special directive in value of the part (1) Article 16 of the Directive 89/391/EEC] published in the Official magazine of the European community, series L, No. 348/1 of November 28, 1992.

Based on article 6 of the Law on health protection and labor safety No. 186-XVI of July 10, 2008 (The official monitor of the Republic of Moldova, 2008, Art. No. 143-144, 587), with subsequent changes and amendments, DECIDES: the Government

1. Approve the Minimum requirements on health protection and labor safety for the pregnant women who recently gave rise or nursing workers (are applied).

2. This Resolution becomes effective since January 1, 2017.

Prime Minister

Paweê Phillip

Countersign:

Minister of Foreign Affairs and European Integration

 

Andrey Galbur

Minister of Labour, Social Protection and Family

Stele Grigorash

Minister of Justice

Vladimir Chebotar

 

Approved by the Order of the Government of the Republic of Moldova of December 27, 2016 No. 1408

The minimum requirements for health protection and labor safety for the pregnant women who recently gave rise or nursing workers

I. General provisions

1. For the purposes of the Minimum requirements on health protection and labor safety for the pregnant women who recently gave rise or nursing workers (further – the Minimum requirements) the following concepts are used:

the pregnant worker – any pregnant worker who in writing notifies the employer on the physiological condition of pregnancy also attaches the medical document issued by the family doctor or the specialist doctor certifying this condition;

recently given rise worker – any worker who resumed activities after the end of postnatal leave also asks the employer in writing about the measures for protection provided by the law with appendix of the medical document issued by the family doctor, but no later than 6 months since birth;

the nursing worker – any worker who resumed activities after the end of postnatal leave, nursing the child who in writing notified on it the employer.

II. Obligations of employers

Section 1. Assessment of factors of risks

2. For all types of activity connected with extra risk of impact of agents, processes or working conditions which list is provided in appendix No. 1 to these Minimum requirements the employer shall estimate nature, degree and duration of such impact on the pregnant women who recently gave rise or nursing workers at this company, independently or by means of the services of protection and the prevention specified in article 11 of the Law on health protection and labor safety No. 186-XVI of July 10, 2008, for the purpose of determination of any risk for safety and health of the pregnant women who recently gave rise or the nursing workers and any possible influence on pregnancy or feeding by breast and to decide what measures need to be taken.

3. According to article 14 of the Law on health protection and labor safety No. 186-XVI of July 10, 2008 at the relevant company the pregnant women who recently gave rise or the nursing workers and/or their representatives shall be informed on results of assessment specified in Item 2, and about all actions concerning health and labor safety on workplace.

4. If by results of assessment mentioned in Item 2, the risk for safety or health of workers, either impact on pregnancy or feeding is revealed by breast, the employer shall take necessary measures temporarily to change working conditions and/or duration of the working day for such workers in order to avoid exposure to their obvious risk.

5. If change of working conditions and/or the mode of work is impossible on the technical or objective bases or it cannot be demanded for the reasonable reasons, the employer shall take necessary organizational measures for transfer of the corresponding worker to other place of employment according to provisions of the Labor code.

6. If change of workplace is impossible for technical reasons and/or objectively impracticable for the reasonable reasons, the corresponding workers shall be exempted, according to provisions of the Labor code, from accomplishment of labor obligations for the entire period necessary for protection of their health and labor safety.

7. Provisions of Items 4, 5 and 6 are applied also if the worker performing the activities forbidden according to Item 8 becomes pregnant woman or begins feeding and reports about it to the employer, with submission of the supporting document.

Section 2. Impact prohibition

8. The pregnant women who recently gave rise or nursing workers it is impossible under no circumstances to force to perform activities if, according to the carried-out assessment, there is risk of exposure to impact of the factors and working conditions listed in appendix No. 2 to these Minimum requirements which can put at risk health and safety of these workers.

Section 3. Informing and training of workers

9. The pregnant women who recently gave rise or the nursing workers shall be informed by employer on all measures for ensuring health protection and labor safety which shall be applied according to these Minimum requirements.

10. Employers shall provide in addition that the pregnant women who recently gave rise or the nursing workers had the corresponding training and had exact information on professional risks to which they are exposed.

11. Consultation and participation of the pregnant women who recently gave rise or nursing the workers or employee representatives allocated with the separate liability in the field of health protection and labor safety concerning application of this Resolution are performed according to article 15 of the Law on health protection and labor safety No. 186-XVI of July 10, 2008.

Warning!!!

This is not a full text of document! Document shown in Demo mode!

If you have active License, please Login, or get License for Full Access.

With Full access you can get: full text of document, original text of document in Russian, attachments (if exist) and see History and Statistics of your work.

Get License for Full Access Now

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info

Effectively work with search system

Database include more 50000 documents. You can find needed documents using search system. For effective work you can mix any on documents parameters: country, documents type, date range, teams or tags.
More about search system

Get help

If you cannot find the required document, or you do not know where to begin, go to Help section.

In this section, we’ve tried to describe in detail the features and capabilities of the system, as well as the most effective techniques for working with the database.

You also may open the section Frequently asked questions. This section provides answers to questions set by users.

Search engine created by SojuzPravoInform LLC. UI/UX design by Intelliants.