Demande directe (CEACR) - adoptée 2001, publiée 90ème session CIT (2002)

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.