Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

Cyprus

Occupational Safety and Health Convention, 1981 (No. 155) (Ratification: 1989)
Asbestos Convention, 1986 (No. 162) (Ratification: 1992)
Chemicals Convention, 1990 (No. 170) (Ratification: 2016)
Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187) (Ratification: 2009)

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.