Occupational Safety and Health Convention, 1981 (No. 155) - Cyprus (RATIFICATION: 1989)

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Previous comment on Convention No. 155Previous comment on Convention No. 162Previous comment on Convention No. 170Previous comment on Convention No. 187

In order to provide a comprehensive view of the issues relating to the application of ratified occupational safety and health (OSH) Conventions, the Committee considers it appropriate to examine Conventions Nos 155 (OSH), 162 (asbestos), 170 (chemicals) and 187 (promotional framework for OSH) together.

A.General provisions

I.Action at the national level

National policy

Articles 4 and 7 of Convention No. 155 and Article 3(1) of Convention No. 187. National OSH policy. In its report, the Government provides information on the implementation of the National OSH Strategy 2013–20 and indicates that it was evaluated at regular intervals through an action plan prepared for this purpose. The Committee notes with interestthat the implementation of the National OSH Strategy for 2013–20 resulted in, inter alia, a decrease in work-related accidents, issuance of new OSH regulations and promotion of actions for the reduction of occupational accidents and diseases in the construction sector. The Committee notes that a new National OSH Strategy 2021–27 was approved by the Council of Ministers in December 2021, after consultation with the members of the Pancyprian Safety and Health Council and the Labour Advisory Board. The Committee notes that the new Strategy constitutes a continuation of previous National OSH Strategies, and defines the directions and priorities set for continuous and sustainable improvement of the levels of OSH in the workplace. The Committee notes that for the preparation of the Strategy 2021-27, the Strategic Framework of the European Union for Safety and Health at Work 2021-27 was taken into account, as well as the views of the social partners, the results of the previous National OSH Strategy, and the experiences gained from the implementation of the OSH legislation. Welcoming the Government’s indications, the Committee requests the Government to indicate the measures taken to implement the National OSH Strategy 2021-27, arrangements made for its periodic review in consultation with the most representative organizations of employers and workers, and the results thereof.

National system

Article 10 of Convention No. 155. Guidance to employers and workers. The Committee notes that the Government provides information on a series of measures taken to provide guidance to employers and workers, including the development of new online interactive risk assessment tools aiming to facilitate the compliance of employers with their obligation to conduct risk assessments. The Government further indicates that the Department of Labour Inspection (DLI) became a partner of the International Social Security Association’s Vision Zero Global Campaign for Zero Accidents, Diseases and Harm at Work in 2017.The Committee notes this information which addresses its previous request.

Article 4(3)(d) of Convention No. 187. Occupational health services. In its previous comments, the Committee noted that occupational health services were only available in a small number of enterprises, mainly large companies, and that the DLI had developed an action plan to set up a national system for occupational health surveillance aimed at enabling enterprises, irrespective of their size, to avail themselves of occupational health services. The Committee notes that the National OSH Strategy 2021-27 sets as one of its priorities the expansion and improvement of the Surveillance System and Promotion of the Health of employees. In this context, it notes the adoption of the Safety and Health at Work (Health Surveillance) Regulations of 2017 (R.A.A. 330/2017) which specify the procedures and framework of the surveillance system of workers’ health. The Government indicates that the Regulations were enforced through Ministerial Ordinances issued in 2018, 2020 and 2021 regulating medical examinations for workers working with asbestos and dockworkers, work at height and work in mines and quarries. The Committee notes that the DLI is also preparing draft ministerial ordinances for medical examinations for activities involving the occupational use of pesticides and activities with cytostatic drugs in the health care sector. The Committee requests the Government to continue to provide information on efforts to maintain, progressively develop and periodically review the provision of occupational health services.The Committee also requests the Government to provide further information on the provision of occupational health services at the workplace level, specifically on whether occupational health services are provided in all undertakings irrespective of their size.

Article 11(c) of Convention No. 155 and Article 4(3)(f) and (g) of Convention No. 187. Collection and analysis of data on occupational injuries and diseases. Collaboration with relevant insurance and social security schemes.In its previous comments, the Committee notedthat the DLI was working in close collaboration with the Social Insurance Services (SIS) and that efforts were being made to create a system for the collection of data on occupational diseases from various sources. The Government indicates that the DLI, in cooperation with the SIS, conducted a pilot study regarding the exchange of information on the applications received for patient allowances concerning some musculoskeletal disorders. The Committee requests the Government to continue to provide information on measures taken or envisaged to enhance collaboration between the DLI and the SIS, and progress achieved towards the establishment of a system of data collection on occupational diseases from various sources.

Article 4(3)(h) of Convention No. 187. Progressive improvement of occupational safety and health conditions in micro-enterprises, in small and medium-sized enterprises. In its previous comments, the Committee noted that, the Government elaborated online tools on occupational risk assessment for five different economic sectors to help micro-enterprises, small and medium-sized enterprises and the informal economy. The Government indicates that the DLI and the European Agency for Safety and Health at Work, implemented a national programme for the promotion of these tools, which included a series of promotional activities including informative events and publications, and the review of six of the existing tools to comply with the legislative amendments. Further, the Committee notes that the National OSH Strategy on 2021–27 contains provisions aimed at supporting micro-enterprises and small and medium-sized enterprises. The Committee requests the Government to continue to provide information on the measures taken, including in the framework of the National OSH Strategy 2021-27, to establish support mechanisms for a progressive improvement of OSH in micro-enterprises and in small and medium-sized enterprises, and on the impact of these measures.

National programme

Article 5(1) of Convention No. 187. National OSH programme. The Government indicates that the annual inspection programme includes a regular programme of inspections, as well as specific inspections in the context of small targeted campaigns.The Committee notes that the setting of priorities for the preparation of the programme is based, inter alia, on the implementation of the National OSH Strategy, the analysis of accidents reported in recent years by sector of economic activity and, specifically, the frequency and/or severity of accidents in high-risk sectors, the results of inspections of the last two years, as well as relevant suggestions from inspectors.The Committee notes that targeted inspections and campaigns were rolled out by the DLI in high-risk sectors, focused on the construction sector, where the accident rate decreased by 14.7 per cent. The Government further indicates that the application of the previous National OSH Strategy resulted in a series of measures aiming to promote OSH culture (awareness-raising campaigns, special guides, competitions, informative activities for teachers and students, publications and cooperation with social partners). The Committee notes this information which responds to its previous request.

II.Action at the level of the undertaking

Article 13 and Article 19(f) of Convention No. 155. Protection of workers removed from situations presenting imminent and serious danger. The Committee notes that under section 11(1) and (2) of the Management of Safety and Health Issues at Work Regulations of 2021, workers shall have the right to remove themselves from danger when they are exposed to serious, immediate and unavoidable danger and shall inform their supervisor except if there is an inability to contact him, in which case the employer is obliged to inform the supervisor. Under section 11(2) and section 22, workers who remove themselves from danger are protected against undue consequences. The Committee recalls that Articles13 and 19(f) of the Convention do not refer to a danger that is “unavoidable” and include situations where the workers have a reasonable justification to believe that there is an imminent and serious danger. The Committee requests the Government to take the necessary measures to ensure that national legislation or regulations provide that workers shall have the right to remove themselves from danger when they have a reasonable justification to believe that there is an imminent and serious danger.

B.Protection against specific risks

1.Asbestos Convention, 1986 (No. 162)

Article 15(2) of the Convention. Periodic review and update of limits for the exposure of workers to asbestos.The Committee recalls that the exposure limits for asbestos are established in the Health and Safety at Work (Protection from Asbestos) Regulations of 2006. The Committee requests the Government to provide information on the manner in which these exposure limits or other exposure criteria are periodically reviewed and updated in the light of technological progress and advances in technological and scientific knowledge.

Article 17(1). Demolition of plants or structures containing asbestos, and removal of asbestos by qualified employers or contractors. The Committee notes that the Government refers to section 15 of the Health and Safety at Work (Protection from Asbestos) Regulations of 2006, on the submission of work plans for approval by the Chief Labour Inspector, prior to work related to the demolition or removal of asbestos and/or materials containing it, in accordance with Article 17(2) of the Convention. It further notes the obligation, in section 15(1)(b) of the Regulations to engage specialized personnel who know the risks and the protective measures to be taken in this work. The Committee requests the Government to provide further information on the measures taken to ensure that the demolition of plants and structures and removal of asbestos provided for under Article 17(1) of the Convention shall be undertaken only by employers or contractors who are recognized by the competent authority as qualified to carry out such work.

Article 20(4). Workers’ or their representatives’ right to request the monitoring of the working environment and to appeal to the competent authority concerning the results of the monitoring. The Committee notes that section 7(4) of the Health and Safety at Work (Protection from Asbestos) Regulations of 2006 provides that the assessment of exposure of employees to asbestos shall be the subject of consultation with employees and/or with their representatives. Section 14 provides that the opinion of the employees and/or their representatives is also required before certain work processes, such as demolition, removal of asbestos, repair and maintenance. However, there is no provision that specifically refers to the right to request monitoring and the right to appeal. The Committee requests the Government to provide information on the measures taken to ensure that workers or their representatives have the right to request the monitoring of the working environment and to appeal to the competent authority concerning the results of the monitoring, in accordance with Article 20(4) of the Convention.

2.Chemicals Convention, 1990 (No. 170)

Article 12(d) of the Convention. Responsibilities of employers concerning exposure. Keeping of and access to records of the monitoring of the working environment. The Committee notes that under the Safety and Health at Work (Chemical Agents) Regulations of 2001, the employer is obliged to keep records of the results of risk assessments, records on safety and health (including on the presence of chemicals in the working environment), as well as health and exposure records. According to section 6(2) of the Management of Safety and Health Issues at Work Regulations of 2021, the safety and health record must be accessible to workers and their representatives. Regarding keeping records of the monitoring of the working environment, section 11 of the Safety and Health at Work (Chemical Agents) Regulations of 2001 provides that when an enterprise ceases to exist, the health and exposure records are passed on to the competent authority. The Committee notes this information which responds to its previous request.

Article 15(d). Training of workers on a continuing basis. The Committee notes the Government’s indication that effect is given to this provision through section 17(2) of the Management of Safety and Health Issues at Work Regulations of 2021, according to which the employer must ensure that the training of employees is adapted to new risks and is repeated at regular intervals. The Committee notes this information which responds to its previous request.

Article 18(1) and (2). Workers’ right to remove themselves from danger. The Committee notes that under section 11(1) and (2) of the Management of Safety and Health Issues at Work Regulations of 2021, workers shall have the right to remove themselves from danger when they are exposed to serious, immediate and unavoidable danger and shall inform their supervisor except if there is an inability to contact him, in which case the employer is obliged to inform the supervisor. Under section 11(2) and section 22, workers who remove themselves from danger are protected against undue consequences. The Committee recalls that Article 18(1) does not refer to a danger that is “unavoidable” and includes situations where the workers have a reasonable justification to believe that there is an imminent and serious danger. The Committee requests the Government to refer to its comments under Articles 13 and 19(f) of Convention No. 155.

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The Committee notes the information provided by the Government in reply to its previous comments concerning Article 14 of the Convention on the inclusion of questions of occupational safety and health (OSH) at all levels of education and training.

Legislation. The Committee welcomes the Government’s comprehensive report which contains a list of 31 new laws and regulations on occupational safety and health, adopted between 2010 and 2015. The Committee requests the Government to continue to provide information on any legislative or regulatory developments which would give further effect to the requirements of the Convention.

Articles 1(2) and 2(2) of the Convention. Scope of application. Further to its previous comment on the extension of the scope of application of the relevant legislation to domestic workers, the Committee notes that amendments to the Safety and Health at Work Laws were introduced in 2011 to allow labour inspectors to enter freely in private dwellings in order to conduct inspection visits and monitor compliance with OSH laws. It further notes the Government’s indication that as a result, the national legislation on OSH giving effect to the Convention applies to all workers in all branches of the economy, except seafarers, for which specific regulations apply, and members of the armed forces, for which the lead authority in Cyprus must safeguard their safety and health wherever possible.

Articles 4 and 7. National policy on occupational safety and health. The Committee notes with interest the detailed information provided by the Government concerning the implementation of the previous National Strategy on Occupational Safety and Health for 2007–12, which resulted in a decrease in work-related accidents by 27.23 per cent against the 25 per cent target, and the adoption of the new National Strategy for 2013–20, in collaboration with representative organizations of employers and workers. The National Strategy sets out a number of goals for the continuous and constant improvement of safety and health at work, including: improvement of the institutional and legislative frameworks; promotion of a preventative safety and health culture; mainstreaming of occupational safety and health issues in other policy areas; close collaboration with the social partners; encouragement of scientific progress and research; and improvement of the labour inspection system. The National Strategy is to be implemented through an action plan, and their periodic evaluation and review will be based on the annual review of the situation regarding safety and health and the working environment. The Committee requests the Government to continue to provide information on measures taken to implement the National Strategy on Occupational Safety and Health for 2013–20, including measures contained in the action plan, arrangements made for its periodic review, and the results thereof.

Article 10. Guidance to employers and workers. The Committee notes that, in accordance with the National Strategy, the Department of Labour Inspection (DLI) provides guidance to employers and workers through a number of initiatives, such as the elaboration of codes of practice, the organization of training seminars, the design of online educational tools for specific economic sectors and the dissemination of informative and training material. The Committee requests the Government to continue to provide information on measures taken to provide guidance to employers and workers and the results thereof.

Application in practice. The Committee takes note of the detailed information contained in the Government’s reports under the present Convention and the Promotional Framework for Occupational Safety and Health, 2006 (No. 187), and in the annual reports of the DLI for the years 2011 to 2014. It notes that inspection campaigns were rolled out by the DLI in high-risk sectors, including the construction sector, with a focus on work at heights, excavations and heat stress, the metal processing industry and the food and beverage service industry. It also notes that, as a result of targeted actions, the number of occupational accidents in the construction sector decreased from 649 to 185 between 2008 and 2014 and from 86 to 36 in the metal processing industry for the same period. The Committee requests the Government to continue to provide information on the application of the Convention in practice and the inspection activities undertaken, especially in high-risk sectors, and the results thereof (preventative activities, number of visits, number and nature of contraventions identified, sanctions imposed) and the number, nature and cause of work-related accidents and cases of occupational disease reported.

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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.

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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.

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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.

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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.