Occupational Safety and Health (Dock Work) Convention, 1979 (No. 152) - Cyprus (Ratification: 1987)

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Legislation. The Committee notes that the Government has adopted the Occupational Safety and Health in Dock Work Order of 2011 (P.I. 48/2011), which regulates the system of testing, examination, inspection and certification of lifting appliances and removable equipment by recognized certified companies. The Committee invites the Government to continue to provide any relevant legislative information in relation to the Convention.

Article 2 of the Convention. Exemptions and tripartite consultations. The Committee notes the information provided by the Government in reply to its previous comment, which indicates that fishing vessels are exempted from the Minimum Requirements for Safety and Health at the Workplace Regulations of 2002 because they are covered by Directive 93/103/EC regarding minimum safety and health requirements for work on board fishing vessels. Cyprus has a small fleet of fishing vessels, therefore only a small number of persons are employed in the fishing sector. The Committee notes that employers’ and workers’ organizations were consulted on the exemption. The Government also indicates that the competent authority intends to re-examine this exemption at a later stage and to ratify the Work in Fishing Convention, 2007 (No. 188). The Committee invites the Government to continue to provide any relevant information on the application of this provision of the Convention.

Article 36(1)(b). Periodical medical examinations. The Committee notes that the risks to the health of each employed person arising from work duties are taken into account in prescribing the type and periodicity of medical checks. The Committee requests the Government to give an indication of the maximum intervals that have been applied in practice, in relation to the periodical medical examinations carried out on the basis of the written risk assessment prepared by the Cyprus Ports Authority.

Part V of the report form. Application in practice. The Committee notes with interest the information provided on the “Good Practice Guide to Occupational Safety and Health in Dock Work” produced by the Department of Labour Inspection with the help of the Transition Facility Programme. The Committee notes the statistics provided in the report indicating that there are approximately 500 workers employed in dock work; that a total of 66 inspections (machinery) and 32 inspections (health and safety) were carried out; and that seven non-fatal occupational accidents (including accidents with transport vehicles) in dock work were investigated by the labour inspectorate. The Committee requests the Government to continue to provide any relevant information concerning the application of the Convention in practice.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

1. The Committee notes with interest the information provided by the Government in reply to its previous comment with respect to Articles 31 and 36, paragraph 1(c). It also notes with interest the detailed information on numerous legislative amendments adopted to transpose into national legislation European Union directives on occupational safety and health covering specific risks and which further improve the legislative framework implementing Convention No. 152.

2. Article 2 of the Convention. Exemptions and tripartite consultations. The Committee notes the information provided with the Government’s report that Regulation 3(2)(d) of the Minimum Requirements for Safety and Health at the Workplace Regulations of 2002 (P.I. 174/2002) excludes from its scope work on fishing vessels. The Committee requests the Government to indicate: (i) the measures taken to ensure that safe working conditions are maintained on shipping vessels; (ii) the manner in which the employers’ and workers’ organizations concerned were consulted regarding this exemption; and (iii) the reasons for this exemption.

3. Article 36, paragraph 1(b). Periodical medical examinations. The Government notes the information contained in the Government’s report that the Regulations providing for monitoring of workers’ health do not specify a maximum interval at which periodic medical examinations and special investigations must be carried out and that the physicians decide on such matters on a case by case basis. The Committee requests the Government to indicate the periodicity applied in practice for the required medical examinations.

4. Part V of the report form. Application in practice. The Committee takes this occasion to bring to the Government’s attention a newly adopted ILO code of practice in this area, Safety and health in ports, Geneva, 2005. This code of practice is available, inter alia, through the ILO’s web site by following the link, http://www.ilo.org/public/english/protection/safework/cops/ english/index.htm. The Committee also notes that in its response on the practical application of the Convention, the Government refers to the annual report of the Department of Labour Inspection for 2006, which was not, however, supplied with the Government’s report. Against this background, the Committee requests the Government to provide a general appreciation of the manner in which the Convention is applied in the country and attaches extracts from the reports of the inspection services, information on the number of workers covered by the legislation, the number and nature of contraventions reported and the resulting action taken, and the number of occupational accidents and diseases reported.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes with interest the information provided by the Government in reply to its previous comments with respect to Articles 2, paragraphs 1 and 3; 36, paragraphs 1(d) and 3; and 38, paragraph 1, of the Convention. It would be grateful if the Government would provide clarification on the following points.

Article 31. Further to its previous comments, the Committee notes the information regarding the practice followed by the Cyprus Ports Authority. The Committee would be grateful if the Government would indicate the arrangements made to ensure that container terminals are laid out and operated in a manner which ensures so far as is reasonable and practicable the safety of the workers.

Article 36, paragraph 1(c). Further to its previous comments, the Committee notes that the decree foreseen in regulation 37(3) of the Safety and Health in Dock Work Regulation, 1991, to be adopted by the competent authority, with the advice of the Ministry of Health, in order to determine the type of medical examinations, has not yet been adopted. Please communicate a copy of this text when adopted.

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee takes note of the indications supplied by the Government in its reports. It requests the Government to provide clarifications on the following points:

Article 2, paragraphs 1 and 3, of the Convention. The Committee notes that regulation 38 of the Occupational Safety and Health in Docks Work Regulations, 1991, provides that Part III -- Technical measures -- does not apply to the unloading of fish trawlers, to barges and to vessels without decks. The Committee requests the Government to indicate whether the organizations of employers and workers were consulted in this particular provision of the Regulations, and the reasons for such exemptions.

Article 31. The Committee notes regulation 30 of the OccupatioNal Safety and Health in Docks Work Regulations, 1991. The Committee requests the Government to indicate the arrangements made to ensure that container terminals are laid out and operated in a manner which ensures so far as is reasonable and practicable the safety of the workers and to give a description on the means provided for ensuring the safety of workers lashing or unlashing containers.

Article 36, paragraph 1(c). The Committee notes regulation 37(3)(4) of the Occupational Safety and Health in Docks Work Regulations, 1991. The Committee notes that regulation 37(3) provides that the competent authority with the advice of the Ministry of Health should determine by decree the type of medical examinations. The Committee requests the Government to communicate a copy of this text when adopted.

Article 36, paragraph 1(d). The Committee notes regulation 37(5) of the Occupational Safety and Health in Docks Work Regulations, 1991. The Committee requests the Government to provide a description of the occupational health services that have to be provided pursuant to this provision of the Convention.

Article 36, paragraph 3. The Committee requests the Government to communicate the measures adopted or envisaged to ensure the application of this provision of the Convention.

Article 38, paragraph 1. The Committee notes regulation 8 of the Occupational Safety and Health in Docks Work Regulations, 1991. The Committee requests the Government to indicate the manner in which instruction and training is provided.

Observation (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes with satisfaction that the Occupational Safety and Health in Docks Work Regulations, 1991 gives effect to the requirements of most of the provisions of the Convention.

The Committee is also addressing a direct request to the Government on certain points.

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee notes that no report has been received from the Government. It hopes that a report will be supplied for examination by the Committee at its next session and it will contain full information on the following matters raised in its previous direct request:

The Committee noted the information provided by the Government in its last report.

1. Further to its previous comments concerning the measures required to ensure the application of Articles 3, 8, 18, 19(2), 20(1) and (4), 28-34, 36 and 40 of the Convention, the Committee has noted with interest from the Government's last report that draft regulations to revise the Docks Regulations were submitted to the House of Representatives in 1991. Noting the detailed information given on the draft regulations, it hopes that the revised Docks Regulations will ensure the application of the Convention, also with regard to the provisions of Article 4, paragraph 2, subparagraphs (a), (b), (j), (l), (m), (n), (r), Articles 5, paragraph 2, 6, paragraph 1(c) and 38 (referred to in points 3, 4, 5 and 8 of its previous request). The Government is requested to provide the next text as soon as it is adopted.

2. Article 2, paragraphs 1 and 3. The Committee noted the information supplied by the Government on the consultations with the organizations of employers and workers regarding the exemption of fishing vessels from the proposed new regulations, on the reasons for this exemption and on the measures to ensure safe working conditions for small fishing vessels and barges. The Committee understood from the Government's reports that, besides fishing vessels, other categories of ships (barges, lighters and small undecked vessels) were exempted from all or some of the provisions of the Docks Regulations. The Committee requests the Government to indicate whether such exemptions are limited to dock work at places where the traffic is irregular and confined to small ships, in conformity with Article 2, paragraph 1, of the Convention. It also requests the Government to supply information concerning the consultation of the organizations of employers and workers in this regard, and the reasons for the exemptions.

3. Article 4, paragraph 1, subparagraphs (a), (c), (d) and (f). The Committee noted that no information has been provided regarding the laws or regulations prescribing measures with a view to meeting the objectives listed in these provisions. The Committee again requests the Government to indicate the national laws or regulations prescribing these measures.

4. Article 4, paragraph 3. The Committee understood from the Government's reply to its previous comments that no codes of practice or technical standards have been adopted for the practical implementation of the requirements prescribed pursuant to Article 4, paragraph 1. The Committee requests the Government to indicate by what methods the practical implementation is ensured or assisted.

5. Article 11. The Committee noted from the Government's report that the application of the requirements of this Article (concerning the width and safety of vehicle and pedestrian passageways) will be left to the authority controlling the ports in Cyprus, which will also specify practical arrangements for meeting the legal requirements. The Government is requested to indicate the measures taken by the authority controlling the ports.

6. Article 12. The Committee noted the information supplied by the Government on the guidelines for fire-fighting means which are used by the fire brigade. The Government is requested to supply copies of the aforementioned guidelines. The Committee asks the Government to indicate the means actually made available for fighting fire where dock work is carried out.

7. The Committee has taken note with interest of the Draft Amendment Law amending the Factories Law so as to apply Parts I, II, V, VII and IX-XII to dock work. It looks forward to learning of the adoption of this Draft.

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

The Committee notes the information provided by the Government in its last report.

1. Further to its previous comments concerning the measures required to ensure the application of Articles 3, 8, 18, 19(2), 20(1) and (4), 28-34, 36 and 40 of the Convention, the Committee has noted with interest from the Government's last report that draft regulations to revise the Docks Regulations were submitted to the House of Representatives in 1991. Noting the detailed information given on the draft regulations, it hopes that the revised Docks Regulations will ensure the application of the Convention, also with regard to the provisions of Article 4, paragraph 2, subparagraphs (a), (b), (j), (l), (m), (n), (r), Articles 5, paragraph 2, 6, paragraph 1(c) and 38 (referred to in points 3, 4, 5 and 8 of its previous request). The Government is requested to provide the next text as soon as it is adopted.

2. Article 2, paragraphs 1 and 3. The Committee notes the information supplied by the Government on the consultations with the organizations of employers and workers regarding the exemption of fishing vessels from the proposed new regulations, on the reasons for this exemption and on the measures to ensure safe working conditions for small fishing vessels and barges. The Committee understands from the Government's reports that, besides fishing vessels, other categories of ships (barges, lighters and small undecked vessels) are exempted from all or some of the provisions of the Docks Regulations. The Committee requests the Government to indicate whether such exemptions are limited to dock work at places where the traffic is irregular and confined to small ships, in conformity with Article 2, paragraph 1, of the Convention. It also requests the Government to supply information concerning the consultation of the organizations of employers and workers in this regard, and the reasons for the exemptions.

3. Article 4, paragraph 1, subparagraphs (a), (c), (d) and (f). The Committee notes that no information has been provided regarding the laws or regulations prescribing measures with a view to meeting the objectives listed in these provisions. The Committee again requests the Government to indicate the national laws or regulations prescribing these measures.

4. Article 4, paragraph 3. The Committee understands from the Government's reply to its previous comments that no codes of practice or technical standards have been adopted for the practical implementation of the requirements prescribed pursuant to Article 4, paragraph 1. The Committee requests the Government to indicate by what methods the practical implementation is ensured or assisted.

5. Article 11. The Committee notes from the Government's report that the application of the requirements of this Article (concerning the width and safety of vehicle and pedestrian passageways) will be left to the authority controlling the ports in Cyprus, which will also specify practical arrangements for meeting the legal requirements. The Government is requested to indicate the measures taken by the authority controlling the ports.

6. Article 12. The Committee notes the information supplied by the Government on the guidelines for fire-fighting means which are used by the fire brigade. The Government is requested to supply copies of the aforementioned guidelines. The Committee asks the Government to indicate the means actually made available for fighting fire where dock work is carried out.

7. The Committee has taken note with interest of the Draft Amendment Law amending the Factories Law so as to apply Parts I, II, V, VII and IX-XII to dock work. It looks forward to learning of the adoption of this Draft.

Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

The Committee notes with interest the information supplied in the Government's first report concerning the application of the Convention.

1. The Government has indicated that, although no measures exist to ensure the full application of Articles 3, 8, 18, 19(2), 20(1) and (4), 28, 29, 30, 31, 32, 33, 34, 36 and 40 of the Convention, provision has already been made in the proposed new Dock Regulations to give full effect to these Articles. The Committee requests the Government to indicate, in its next report, whether these new Dock Regulations have been adopted and, if so, to provide a copy of the text.

2. The Committee requests the Government to provide further clarification on the following points:

Article 2, paragraphs 1 and 3. The Committee takes note of the exemption from the provisions of this Convention indicated by the Government in respect of dock work in relation to fishing vessels, small ships and barges. It requests the Government to indicate how the employers' and workers' organisations concerned were consulted about this exemption and to indicate the measures which ensure that safe working conditions are, nevertheless, maintained in respect of dock work for these exempted vessels. The Committee also requests the Government to indicate the reasons for this exemption, in particular for barges.

3. The Committee requests the Government to indicate the laws or regulations prescribing measures with a view to meeting the objectives listed in Article 4(1), subparagraphs (a), (c), (d) and (f) and which cover the subjects listed in Article 4(2), subparagraphs (a), (b), (j), (l), (m), (n), (o), (g) and (r). Furthermore, in accordance with Article 4, paragraph 3, the Committee requests the Government to supply, in its next report, copies of any technical standards, codes of practices or similar documents approved for the practical implementation of the objectives set forth in Article 4, paragraph 1.

4. The Government is also requested to indicate the measures taken to ensure that, whenever two or more employers undertake activities simultaneously at one workplace, they shall have the duty to collaborate in order to comply with the prescribed safety and health measures, in accordance with Article 5(2).

5. The Committee requests the Government to supply details concerning arrangements made regarding the duty of workers to report to their immediate supervisor any situation which they have reason to believe could present a risk, in accordance with Article 6(1)(c).

6. Article 12. The Government has referred to guide-lines concerning the installation of fire-fighting means which are established by the Fire Brigade. The Government is requested to supply copies of these guide-lines, if available, and to indicate the specific means actually made available for fighting fire.

7. Article 13. The Committee notes that section 73 of the Factories Act 1954 limits the scope of the application of the Act so that, as concerns Part V of the Act, only the sections on court orders and steam boilers are applied to dock work. It requests the Government to indicate whether, as a result of court orders issued under section 47 of the Act, the other sections of Part V also apply to dock work. If the sections of Part V concerning guarding of machinery generally do not apply to dock work, the Government is requested to indicate the measures taken to ensure the application of this Article of the Convention. The Government is also requested to supply copies of the Factories (Amending) Law No. 25/89.

8. The Government is also requested to indicate the measures taken or envisaged to ensure the application of Article 11 (width and safety of vehicle and pedestrian passageways) and Article 38 (prohibition of employment of dockworkers who have not received adequate instruction and training and prohibition of operation of lifting appliances or cargo-handling appliances by any person under 18 years of age).