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The Committee welcomes the Government’s comprehensive report including information regarding 45 new pieces of legislation giving further effect to the Convention. The Committee notes, in particular, Regulations PI 530/2007 and PI 531/2007 specifying the requirements on the notification of occupational diseases as well as accidents and dangerous occurrences, paving the way for a future ratification of the Protocol of 2002 of this Convention. The Government is requested to provide information on any progress made in this respect.
The Committee notes with interest the information provided in relation to the application of Article 4, National policy, including the adoption of the 2007–12 national policy of Cyprus for and a specific target to reduce the rate of accidents by 25 per cent during the reference period, the target on construction safety including the signature of a Common Policy Declaration for the Construction Sector on 11 September 2009; Article 10, Guidance on legal obligations, including the results of the project “Technical assistance for the improvement of the capacity of the Cyprus competent authority, the social partners and the employees of the construction industry, extractive industry, and dockworkers on safety and health at work issues” which included preparation of good practice guides as well as the training of 2,000 persons from the private and public sectors; and Article 14, Education and training, including the introduction of safety and health at work issues in the analytical programme at all levels of the public education system, i.e. the pre-elementary, elementary, gymnasium, secondary and technical education.
Article 1(2) of the Convention. Scope of application – fishing and armed forces. With reference to its previous comments, the Committee notes from the Government’s response that the Safety and Health at Work Law applies to uniformed members of the armed forces with the exception of certain activities, mainly armed conflicts and military situations, such as military exercises, and that the armed forces services apply an internal occupational safety and health system and specific procedures managing occupational risks involved in their activities. Furthermore, the Committee notes from the Government’s report that following discussions and cooperation with the Ministry of Defence and the Department of Labour Inspection in the context of the review of the Safety and Health at Work Law, the aforesaid exception will be amended. The Committee requests the Government to provide a copy of the legislation once it has been adopted.
Article 2(2). Scope of the application – domestic workers. The Committee notes that the Government is currently in the process of amending the Safety and Health at Work Law so as to provide protection for domestic workers, and include provisions regulating the entrance of inspectors into private dwellings. The Committee asks the Government to keep it informed of any decisions taken in this regard and to submit a copy of the amended legislation once it has been adopted.
Part V of the report form. Application in practice. The Committee welcomes the information contained in the inspection reports for the years 2004–08 made available to the Committee including information, inter alia, that the number of occupational accidents notified in 2004 increased from 2,172 to 2,367 in 2008, that the number of fatal accidents varied between 12 and 18 over the period, and that 37.05 per cent of the notified occupational accidents occurred in construction. The Committee further notes that for male workers the majority of occupational accidents occurred in the construction industry, but for female workers they occurred in the food and beverage service industry. Noting the emphasis placed in the national policy on efforts to address the high level of occupational accidents in the construction industry, the Committee requests the Government to provide information on efforts made to address the problems reported for workers in the food and beverage service industry and to continue to provide up-to-date statistical information with its forthcoming reports.
1. The Committee notes with interest the detailed information contained in the Government’s report. In particular, it notes the adoption of the Management of Safety and Health Issues at Work Regulations in 2002 (P.I. 173/2002), which reflect the Guidelines on occupational safety and health management systems (ILO-OSH 2001).
2. Article 1, paragraph 2, of the Convention. Scope of application – fishing and armed forces. The Committee notes with interest the information that the scope of application of the Convention now includes any work on fishing vessels as well as uniformed members of the armed forces on the stated condition that “the intrinsic characteristics of certain activities of the armed forces permit so”. The Committee would be grateful it the Government would provide further details regarding the application in practice of the limited scope of application of the Convention as regards the armed forces.
3. Article 2, paragraph 2. Scope of application – domestic workers. The Committee notes the Government’s indication that domestic servants working in households are excluded from the application of OSH legislation due to practical and legal difficulties in entering and inspecting the workplaces (private dwellings). The Committee hopes that the Government will make efforts to overcome those difficulties to ensure that domestic servants are also provided adequate protection and requests the Government to keep the Committee informed of any progress in this respect.
The Committee notes with interest the information supplied by the Government in its report. In particular, it notes the adoption of the Declaration of National Policy on Occupational Safety and Health, 1995, and the Safety and Health at Work Law No. 89(1)/96, which came into force on 1 January 1997.
The new legislation replies to the Committee’s previous requests in regard to Article 1, paragraphs 1 and 3; Article 2, paragraph 1; Articles 4, 5, 8, 12, 13 and 19(f); Articles 17 and 19(e) and 20 of the Convention.
The Committee requests the Government to supply information on the following points.
Article 1, paragraph 2, and Article 2, paragraph 2. The Committee notes that the new law excludes from its scope domestic servants, members of the armed forces, workers on seagoing vessels and seagoing fishing vessels. It also notes that all fishing vessels are subject to special regulations, adopted in application of European Directive 93/103/EEC on minimum safety and health conditions for work on board fishing vessels. The Committee hopes that the Government will take the measures needed to ensure adequate protection for the excluded workers and that it will be able to ensure general application of the provisions of the Convention to all branches of economic activity and all workers and will supply information on any progress made to this end.
Article 2, paragraph 3. The Committee notes that section 3(7) of the Safety and Health at Work Law provides the possibility for the Council of Ministers, on grounds of public interest, to exclude through regulations the application of all or some of the provisions of this law, any workplace or any category of persons at work for such period as it deems necessary. The Committee requests the Government to indicate any use it makes of this provision.
Article 4, paragraphs 1 and 2. The Committee notes the provisions of the Declaration of National Policy on Occupational Safety and Health, 1995. It reminds the Government that it must, in consultation with the most representative organizations of employers and workers, formulate, implement and periodically review a coherent national policy on occupational safety, occupational health and the working environment. The Committee requests the Government to inform the International Labour Office on the results of application of the 1995 Declaration so that it can assess whether this policy prevents accidents and injury to health by minimizing, as far as is possible, the causes of hazards inherent in the working environment.
Article 7. The Committee notes that, according to the Government’s report, review of the occupational safety and health and the working environment legislation is made on a permanent and continuous basis in the light of national and international knowledge and experience. The Government explains that substantial review of existing legislation was effected during preparation of its report with a view to harmonizing Cypriot legislation with European Community acquis communautaires. The Committee requests the Government to keep the International Labour Office informed of any amendments made subsequent to this review process and to supply copies of the relevant texts.
Article 10. The Committee notes the Government’s indication to the effect that, in application of the Safety and Health at Work Law, the labour inspection services have a duty, inter alia, to promote compliance with health and safety legislation and to give advice and supply guidance to employers on how to comply with their legal obligations; however, this law contains no such provisions. The Committee requests the Government to indicate the legal provisions or regulations on the basis of which inspectors have a duty to give encouragement, advice and guidance and, in general, communicate information on any measures adopted to give effect to this Article.
Article 11(b). The Committee notes that the Government’s report refers, on the question of risk assessment, to the adoption of an amendment to the Safety and Health at Work Law in order to incorporate the provisions of article 6 of the European Union Framework Directive on risk assessment. The Committee requests the Government to keep the International Labour Office informed of the adoption of this legislation and to communicate a copy of the text once adopted.
Article 11(f). The Committee notes from the Government’s report that the introduction or extension of systems to examine chemical, physical and biological agents in respect of the risk to the health of workers is organized under special regulations adopted in application of the Safety and Health at Work Law. The Committee requests the Government to supply the regulations adopted in application of the Safety and Health at Work Law so that it can asses their conformity with this provision of the Convention.
Article 15, paragraph 2. The Committee notes that in application of section 5 of the Safety and Health at Work Law, the Minister of Labour and Social Insurance may, by a decree published in the Official Journal, constitute the Pan-Cypriot Council on Security and Health which acts as a central body. The Committee requests the Government to supply the text of the Decree issued by the Minister or, if not yet issued, to supply information on impediments to its adoption.
Article 18. The Government indicates in its report that it is going to adopt special regulations to meet the requirements of this Article. It also indicates that it will take into consideration section 8 of the European Union Framework Directive 89/391/EEC regarding acquis communautaires. The Committee requests the Government to supply information on any developments in this matter and to communicate a copy of the texts to the International Labour Office once adopted.
Article 19(b) and (c). The Committee notes that the legal provisions do not cover representatives of workers. It requests the Government to take the necessary measures to ensure that representatives of workers in the enterprise cooperate with the employer in the field of occupational safety and health and are given adequate information on measures taken by the employer to secure occupational safety and health.
Part V of the report form. The Committee notes the annual reports on inspection in factories. The Committee requests the Government to continue to supply similar information with its forthcoming reports as well as information on all the branches covered by the new legislation.
The Committee notes with interest the information provided in the Government's first and second reports. It requests the Government to provide further clarification on the following points:
1. Article 1, paragraph 1, of the Convention. The Committee notes from the Government's report that ILO technical assistance has been received with a view to drafting a wide-scope occupational safety and health law which would apply not only to factories, as is the case with the present legislation, but also to wholesale, retail trade, restaurants and hotels; transport, storage and communications; community, social and personal services; and the self-employed. The Government is requested to indicate in its next report, the progress made towards the adoption of the new legislation and to provide a copy of the text as soon as it is available.
2. Article 1, paragraph 3. The Committee notes from the Government's report that fishing and maritime shipping have been excluded from the application of the Convention due to the specific nature of their operations and that maritime shipping is covered by special legislation implemented by the Department of Merchant Shipping of the Ministry of Communications and Works. The Government is requested to indicate the measures taken to give adequate protection to workers in the fishing industry and to continue to provide information on any progress made towards wider application of the Convention with respect to these two excluded branches of economic activity, in accordance with paragraph 3 of this Article.
3. Article 2, paragraphs 1, 2 and 3. The Committee notes the Government's indication that domestic servants and members of the armed service are excluded from the application of the Convention. The Government is requested to indicate, in its next report, the reasons for excluding these categories of workers and to keep the Office informed of any progress made in the future towards wider application of the Convention with respect to these categories of workers.
4. Articles 4, 5 and 8. The Committee notes the indication in the Government's report that the Ministry of Labour and Social Insurance has prepared a draft Declaration concerning the National Policy for Occupational Safety and Health which is to serve as a basic Code for the Government and the social partners. The Government is requested to indicate the progress made in the adoption of this Declaration and provide a copy of the text as soon as it is available.
5. Article 12. The Committee notes that section 29 of the Factories Law as amended in 1989 provides that anyone who sells, leases or transfers machinery must ensure its safety and provide information concerning its proper installation and use. It further notes the indication in the Government's report that provisions have been drafted in the proposed legislation to cover similar responsibilities with respect to substances. The Committee hopes that the new legislation will ensure that, not only sellers and lessors, but also designers, manufacturers, and importers of machinery, equipment or substances are responsible for: ensuring that the machinery, equipment and substances do not entail dangers for the safety and health of those using them correctly; making information available concerning their correct installation and use; and keeping abreast of scientific and technical knowledge in this regard. The Government is requested to provide a copy of the relevant legislation as soon as it has been adopted.
6. Articles 13 and 19(f). The Committee notes the Government's indication that workers who remove themselves from imminent and serious danger would be protected from dismissal by the Industrial Disputes Court which would take this provision of the Convention into account in its judgement. The Government has also indicated that measures to ensure a worker reports any situation of imminent and serious danger to his or her immediate supervisor and that the employer cannot require workers to return to such a work situation until the necessary remedial action is taken, shall be taken into account in the proposed legislation. The Government is requested to keep the Office informed of the progress made in including these measures in the new legislation and to indicate the measures taken or envisaged to ensure that workers are protected from any undue consequences, including penalties other than dismissal, resulting from their decision to remove themselves from imminent and serious danger. The Government is also requested to provide any Industrial Court Judgements issued concerning the workers' right to remove themselves from imminent and serious dangers.
7. Article 15. The Committee notes the indication in the Government's report that, within the framework of the technical assistance provided by the ILO, the establishment of a unified inspectorate between the Ministry of Labour and the Ministry of Commerce and Industry was recommended in order to ensure closer collaboration. The Government is requested to keep the Office informed of any progress made in this regard.
8. Article 17. The Government has indicated in its report that the Building and Works of Engineering Construction (Safety, Health and Welfare) Regulations provides for cooperation among the main contractors and subcontractors, but that this Article of the Convention will be more adequately applied to all enterprises in the proposed legislation. The Government is requested to indicate the measures taken or envisaged to ensure collaboration among all undertakings working at one workplace.
9. Articles 19(e) and 20. The Committee notes that the Safety Committees at Places of Work Regulations only apply to certain sectors of economic activity and that section 3(4)(c) provides that any person employed at the enterprise may be elected a safety representative "provided he has worked at such establishment or a similar establishment for a period in excess of two years". The Committee further notes from the Government's latest report that two Ministerial Orders were issued in 1992 to extend the scope of the Regulations to cover two more industries and that it is intended to gradually move towards covering all branches of economic activity. The Government is requested to indicate the manner in which it is ensured that workers or their representatives are enabled to inquire into, and are consulted by the employer on, all aspects of occupational safety and health associated with their work, and that management and workers and/or their representatives cooperate within the undertaking in enterprises where there may be no safety representatives because the two-year requirement of section 3(4)(c) cannot be met or in those sectors not covered by the Safety Committees' Regulations.