ORDER OF THE GOVERNMENT OF THE REPUBLIC OF MOLDOVA

of February 9, 2012 No. 80

About the minimum requirements on health protection and labor safety on temporary or mobile building sites

Based on article 6 of the Law No. 186-XVI of July 10, 2008 on health protection and labor safety (The official monitor of the Republic of Moldova, 2008, Art. No. 143-144, 587) and for the purpose of transposition of the Directive of Council 92/57/EEC of June 24, 1992 about minimum of safety requirements and occupational health on temporary or mobile building sites (the eighth separate directive within interpretation of the part (1) Article 16 of the Directive 89/391/EEC) published in the Official magazine No. L245 of August 26, 1992 / Council Directive 92/57/EEC of 24 June 1992 on the implementation of minimum safety and health requirements at temporary or mobile construction sites (eighth individual Directive within the meaning of Article 16 (1) of Directive 89/391/EEC), the Government DECIDES:

1. Approve:

The general minimum requirements on health protection and labor safety on temporary or mobile building sites, according to appendix No. 1;

The specific minimum requirements on health protection and labor safety on temporary or mobile building sites, according to appendix No. 2.

2. This Resolution does not extend to activities for drilling and production in the extracting industries.

3. To the Ministry of Labour, Social Protection and Family after consultation with social partners to publish the instruction providing procedure for maintaining and sample of the Magazine of the coordinating provided in Item 33 of appendix No. 1 to this Resolution.

Appendix №1

to the Order of the Government of the Republic of Moldova of February 9, 2012 No. 80

The general minimum requirements on health protection and labor safety on temporary and mobile building sites

Chapter I of Determination

1. In the context of these Minimum requirements the following determinations are used:

the temporary or mobile building site (further - the building site) - any building site on which works on construction of buildings or civil engineering which incomplete list is given in appendix No. 1 to these Minimum requirements are performed;

the contractor (builder) - any competent physical person or legal entity performing installation and construction works on the basis of the project on the customer order;

the client - any physical person or legal entity for which work is performed;

the coordinator for health protection and labor safety at work project development stage - any competent legal entity or physical person to which the client and/or the project manager charged accomplishment of the obligations specified in Item 51 of these Minimum requirements at project development stage;

the coordinator for health protection and labor safety on implementation phase of work - any competent legal entity or physical person to which the client and/or the project manager charged accomplishment of the obligations specified in Item 55 of these Minimum requirements on implementation phase of work;

the head of the building site - any physical person to which the contractor charged to direct performance of works on the building site and to monitor their accomplishment according to the project;

the independent worker - any authorized physical person which performs independently professional activity also shall according to the agreement before the client, the contractor or subcontractor to perform works for which has authorization;

the project manager - any physical person or legal entity responsible for development and/or accomplishment and/or check of project implementation and acting on behalf of the client;

the designer of work - any competent legal entity or physical person which according to the customer order develops the project documentation;

subcontractor - any competent physical person or legal entity which shall before the contractor according to the agreement perform the installation and construction works on profile provided in the project of works.

Chapter II Coordinating concerning health protection and labor safety

2. Coordinating concerning health protection and labor safety shall be organized as at stage of studying, preparation of the concept and project development, and during the course of performance works.

3. When more than one designer participate in project development, the client and/or the project manager shall appoint the coordinator for health protection and labor safety to work project development stages.

4. When on the building site more than one contractors, one contractor and one participate in performance of works or more than one subcontractors, one contractor and the independent worker or more than one independent worker, the client and/or the project manager shall appoint the coordinator for health protection and labor safety to implementation phases of work.

5. The same person can carry out obligations of the coordinator for health protection and labor safety at stage of project development of works and obligation of the coordinator for health protection and labor safety on implementation phase of work or further works.

6. For accomplishment of the obligations coordinators

concerning health protection and labor safety shall:

participate at all stages of project development and performance of work;

be invited to all meetings concerning project development and performance of work;

receive and, as necessary, to demand from the project manager and the contractor of the elements necessary for accomplishment of the obligations;

fill timely and keep the Magazine of coordinating specified in Items 33-37 of these Minimum requirements.

Chapter III Instruments of coordinating

Part 1 Plan of the building site for health protection and labor safety

7. Before opening of the building site the client or the project manager shall provide plan development of the building site on health protection and labor safety.

8. The plan of the building site for health protection and labor safety is the written instrument which shall include set of the measures necessary for the prevention of professional risks which can arise during implementation of activities on the building site.

9. The plan of the building site for health protection and labor safety needs to be constituted at stage of project development and to perform timely throughout performance of works.

10. The plan of the building site for health protection and labor safety shall be developed by the coordinator for health protection and labor safety at work project development stage.

11. When the project is developed by one designer, he is responsible for plan development of the building site on health protection and labor safety.

12. Own plans of contractors for health protection and labor safety in process of their development shall be integrated into the plan of the building site for health protection and labor safety.

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