Cyprus - 2016

1.1 Description of OSH regulatory framework

2.1 Health and safety covers physical and psychological health

2.2 Definition of worker

• 2.2.1 Coverage of particular categories of workers

  Yes.
  

  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2015
  

  • 2.2.1.1 Migrant workers

    Summary/citation: According to the Constitution of the Republic of Cyprus 1960, migrant and local workers shall be treated equally. Nevertheless, under the Foreigners and Immigration Law CAP.105, if a migrant worker is a threat to the Government he or she shall be expelled.

    Remarks / comments: Cyprus ratified the Migrant Workers (Supplementary provisions) Convention, 1975, No.143 with the Convention on Migrants, Workers (Supplementary Provisions) (Ratification) Law of 1977.

    • Constitution of 6 April 1960. (Art.28(2))

    • Aliens and Immigration Law, Cap. 105 (1959 edition). (Art. 14A)

    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2015
    

  • 2.2.1.2 Domestic workers

    Summary/citation: The Safety and Health at Work (Amendment) Law 33 (I) of 2011 applies to all domestic workers, in addition to in situations when a person is employed as a domestic worker in a private household, without prejudice to provision in the Constitution of Cyprus protecting the inviolability of every person’s residence.

    • Law No. 33(I) of 2011 concerning Occupational Safety and Health (Amendment) (Art. 3(3), Art. 3(4))

    • Constitution of 6 April 1960. (Art.16)

    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2015
    

  • 2.2.1.3 Home workers

    No data available.
    

    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2015
    

  • 2.2.1.4 Self-employed persons

    Summary/citation: A self-employed person, according to the Safety and Health at Work Law of 1996, means a person who works for the purpose of gain or reward otherwise than under a contract of employment, whether or not he employs others; The provisions of this Law apply to self-employed persons, in case their activities or omissions directly affect the life, the physical integrity or health of other persons. Self-employed persons have a series of obligations, like all employers, such as for example to provide first aid, depending on the circumstances of the operation. Furthermore, self-employed persons have the duty to take measures to prevent exposure to harmful substances, in addition to measures prevent exposure to noise, whose source is under control of the self-employed person according to each case.

    • Law No. 33(I) of 2011 concerning Occupational Safety and Health (Amendment) (Art.3(7), Art.14, Art.36)

    • Act No. 89(I) of 1 November 1996 on occupational safety and health. (Art.2, Art.28(2), Art.37)

2.3 Definition of employer

2.4 Exclusion of branches of economic activity

• 2.4.1 Agriculture

  Summary/citation: The Safety and Health at Work Law 89 (I) of 1996 states that ‘agriculture’ has the same meaning as in the Factories Act Cap.134 and also states that ‘agricultural work’ is defined accordingly. According to Factories Act Cap.134, “agriculture” includes horticulture, seed production, plant production, forestry, farming and keeping of animals (including the transfer of up to slaughter point or export), apiculture, sericulture and preparation of land for agricultural use and "agricultural" shall be construed accordingly.

  • Act No. 89(I) of 1 November 1996 on occupational safety and health. (Art.2)

  • Factories Law 1956 (Chapter 134). (Art.3)

  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2015
  

• 2.4.2 Construction

  Summary/citation: The Safety and Health at Work (Amendment) Law 33 (I) of 2011 provides that constructions are included in the definition of premises, and they include, inter alia, construction projects, road constructions, drainage projects and underground or over-ground pipelines.

  • Law No. 33(I) of 2011 concerning Occupational Safety and Health (Amendment) (Art.2)

  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2015
  

• 2.4.3 Services

  Summary/citation: Services fall within the scope of the Safety and Health at Work Law as amended, and more specifically are envisaged under Art.3(1) of this Law. Also, according to Art.38A, the Minister shall issue Orders to regulate fixing fees for services provided under this Law, including the approval or authorisation of persons as well as the conduct of examinations, inspections, tests, surveys, investigations or specialised inspections.

  • Law No. 33(I) of 2011 concerning Occupational Safety and Health (Amendment) (Art.3(1), Art.38A(c))

  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2015
  

• 2.4.4 Public sector

  Summary/citation: Public areas fall within the scope of the Safety and Health at Work (Amendment) Law 33 (I) of 2011, with certain exceptions, such as activities in the armed forces, the police, or some activities in the civil protection services. Article 3(1) declares that subject to the provisions of subsection (6), this Law shall apply:
  (a) to places of work, premises, businesses, establishments and all public or private areas, such as industrial, agricultural, commercial, administrative, educational, cultural activities, activities for providing recreational services.
  (b) in elevator installations and to facilities of pressure vessels; and
  (c) in domestic premises and residential premises located in the Republic.
  Subjection (6) declares that: This Law does not apply when there are characteristics peculiar to certain public sector activities, such as activities in the armed forces, the police, or to certain activities in the civil protection services:
  Provided that, in this case the competent authority shall ensure, as far as possible, the safety and health of the employees in the aforementioned activities, or to third persons who may be affected by these activities, having regard to the objectives and the objective purpose of this Law.
  

  • Law No. 33(I) of 2011 concerning Occupational Safety and Health (Amendment) (Art.3(1), Art.3(6))

  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2015
  • Labour Clauses (Public Contracts) Convention, 1949 (No. 94) Direct Request 2021
  

• 2.4.5 Other

  No data available.
  

2.5 Definition of occupational accident

2.6 Definition of occupational disease

• 2.6.1 List of occupational diseases

  Summary/citation: Occupational diseases are those contracted as a result of work or occupational activity, and are caused by elements or substances that indicated in Annex 1 and Annex 2 of The Safety and Health at Work (Notification of Occupational Diseases) Regulations of 2007 (P.I. 530/2007).

  • The Safety and Health at Work (Occupational Diseases Notification) Regulations of 2007 (P.I.530/2007) 20071207 (Art.2, Art.3, Annex 1, Annex 2)

• 2.6.2 Mechanism for compensating other diseases as occupational ones

  No data available.
  

3.1 Competent national authority for safety and health at work

• 3.1.1 Objectives, roles and/or functions

  Summary/citation: The main focus of the Department of Inspection of Labour is to secure safety and health at work and to safeguard adequate levels of safety and health at work as a way of securing the elimination of work accidents and occupational diseases, whilst also preserving the appropriate protection of work and the general public from activities conducted in the working environment. The fulfilment of the aforementioned aims is accomplished by means of a suitable legislative framework, the implementation of an effective inspection system, a continuous awareness of the public, the training and education of the Department’s personnel, and co-operation with social partners.

  Remarks / comments: The Department of Labour Inspection is subdivided into 6 divisions. The Division of Health and Safety of the Department of Inspection of Labour deals with the issues of protection of safety, health and well-being of employees at the workplaces. Specifically, it regulates the organisation and management of safety and health issues at work. Moreover, this Division deals with safety and health requirements of the workplaces (buildings, premises, construction sites, dock sites, extractive industries, agricultural, enterprises etc.).
  This Division regulates also the issues of safety and health requirements of work equipment (machinery, tools, appliances, pressure vessels, scaffolding, personal protective equipment, etc.), that are used at the workplaces.
  Also, it deals with issues related to the risks to health arising from the use of asbestos, chemical agents, biological agents, carcinogenic and mutagenic agents, from physical agents, such as noise and heat, or from ergonomic factors, such as manual lifting and handling of loads, monotonous work, pace of work, etc. Finally, it regulates the issues related to the safety and health of children and young persons at work as well as of maternity protection at work.
  

  • Department of Labour Inspection, Safety and Health at Work

• 3.1.2 Chairperson and composition

  Summary/citation: The Chairperson of the Department of Inspection of Labour is the Minister of Labour, who is responsible for the technical advice and the setting of inspection standards for all the sectors.
  The Safety and Health at Work Law 89 (I) of 1996 as amended gives power to the Chairperson of the Department to make provision for regulations and propose legislation in relation to the use of specific working areas, arranging for the provision of certificates of use, setting the fees for the authorisation of the personnel, setting the requirements of people providing training, setting the standards and content of the training as well as providing working standards and good practice.
  The aforementioned sectors are formed following the division by the Minister of Labour deriving power under Article 40 of the Safety and Heath at work Act 1996 as amended by Law N.33(I)/2011.
  

  • The Safety and Health at Work (Amendment) Law of 2015 (L.170(I)/2015) 20151202 (Art.38)

  • Law No. 33(I) of 2011 concerning Occupational Safety and Health (Amendment) (Art.38A, Art.40)

3.2 National OSH research programme or institute

• 3.2.1 Objectives, roles and/or functions

  No data available.
  

• 3.2.2 Governance board constitution and chairmanship

  No data available.
  

• 3.2.3 Source of funding

  No data available.
  

3.3 National OSH programme

• 3.3.1 Consultation on the national OSH programme

  Summary/citation: The Safety and Health at Work Law established the Pan-Cyprian Safety and Health Council as a tripartite body (state/employers/employees). The council is a consultative body on OSH matters and provides advice to the Minister of Labour and Social Insurance on new legislation and measures for the prevention of work accidents and occupational diseases. Article 5 of the Law imposes the obligation for consultation on OSH programmes among states/organisations/employers and employees.
  OSH services in Cyprus provided by the employer to his or her employees are directly associated with the social dialogue mechanisms at the enterprise level (Safety Committees). The Committee submits proposals on OSH measures that may improve the working conditions and the prevention of work related accidents and diseases. It deals with employees’ complains on OSH matters, promotes the cooperation within the plant for the implementation of health and safety measures and safe production methods. It also participates in the preparation of Safety Rules for the plant; it oversees the training programmes and the dissemination of information material on OSH. Finally, it collaborates with the Labour Inspector on all OSH matters.
  

  Remarks / comments: The Pan-Cyprian Safety and Health Council consists of representatives from the Ministry of Labour and Social Insurance, the Mines Department of the Ministry of Agriculture, Natural Resources and Environment, the Agriculture Department of the same Ministry, the Employers and Industrialists Federation (OEB), the Cyprus Chamber of Commerce and Industry (KEBE), the major confederations of the trade unions (PEO, SEK, DEOK, POAS), the confederation of the public servants (PASYDY), the Cyprus Scientific and Technical Chamber (ETEK), the Cyprus Union of Bank Employees (ETYK) and the Cyprus Safety and Health Association (SAYK, its English acronym being: CySHA). The representatives of each organisation and department are required to have a consultation relating to national OSH programmes and issues.

  • The Strategy of Cyprus for Safety and Health at Work 2013 – 2020

  • Law No. 33(I) of 2011 concerning Occupational Safety and Health (Amendment) (Art.5)

  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2015
  

4.1 Duty to ensure the health and safety of employees

4.2 Duty to protect the health and safety of people other than their own employees

4.3 Collaboration among two or more employers at the same workplace

4.4 Surveillance of workers’ health in relation to work

• 4.4.1 Specific hazards for which surveillance is required

  Summary / Citation: The only specific hazard for which surveillance is required under Cypriot legislation is exposure to noise. According to the provisions of the Health and Safety at Work (Protection from Noise) Regulations of 2006 those workers who are exposed to noise above the prescribed level in the relevant legislation, in which the level of noise is above 87 dB, shall be subject to hearing test so arranged by the employer. The interval between such tests will depend upon the exposure levels. The said worker shall be informed of the results of the test.

  • Safety and Health at Work (Protection from Noise) Regulation of 2006 (P.I.317/2006) 20060728 (Art.4, Art.11)

4.5 Surveillance of the working environment and working practices

4.6 Duty to provide personal protective equipment

4.7 Duty to ensure the usage of personal protective equipment

4.8 Duty to provide first-aid and welfare facilities

• 4.8.1 Arrangements for first-aid

  Summary / Citation: Employers have a duty to ensure that first aid services are available to their employees whenever necessary. First aid facilities should be at the nearest possible point and marked in accordance with the existing legislation. First-aid facilities should be kept in a good conditions and be available to whoever needs them at the workplace.

  • The Safety and Health at Work (First Aid) Regulations of 2009 (P.I.198/2009) 20090515 (Art.3(3), Art.5(1), Art.5(2))

  • Act No. 89(I) of 1 November 1996 on occupational safety and health. (Art.28)

  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2015
  

• 4.8.2 Sanitary installations

  Summary / Citation: Employers have a duty to provide their employees with clean sanitary installations. Additionally, employers should equip their employees with appropriate rinsing and cleaning facilities.

  Remarks / comments: Cypriot legislation for sanitary requirements is drafted in such a broad manner that it could include shower facilities. Nevertheless, there are no explicit requirements that these facilities should be made available.

  • Act No. 89(I) of 1 November 1996 on occupational safety and health. (Art.24(1), Art.24(2))

  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2015
  

• 4.8.3 Drinking water

  Summary / Citation: Employers have the duty to provide their employees with drinking water which is easily accessible to all employees.

  • Act No. 89(I) of 1 November 1996 on occupational safety and health. (Art.25)

  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2015
  

• 4.8.4 Rest and eating areas

  Summary / Citation: Employers should provide their employees with resting areas under specific circumstances. In particular, if the number of employees in the workplace or the nature of the work so requires, employers should provide employees with an appropriate area for resting, separately from the workplace.

  • Act No. 89(I) of 1 November 1996 on occupational safety and health. (Art.29)

  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2015
  

5.1 Elements of an OSH management system

• 5.1.1 Policy or plan specifying responsibilities and arrangements for health and safety

  Summary/citation: Every employer shall implement a proper safety system or risk management system, conducting such arrangements in the workplace, according to the nature of the activities and the size of the corporation, in order to ensure effective planning of the preventive and protective measures defined in the written risk assessment. This safety system will aim at the improvement of matters related to the safety, health and well-being of the employees.
  In the case of temporary or mobile construction sites, the client or the project supervisor shall ensure that prior to the setting up of a construction site a safety and health plan is drawn up, setting out the rules applicable to the construction site concerned and taking into account where necessary the industrial activities taking place on the site. This plan shall contain special measures concerning work involving particular risks, including working methods and technical measures regarding the management and handling of risks in the various phases of construction.
  

  Remarks / comments: The Cypriot legislation mentions a “Health and Safety System” only in the case of construction sites. However, the safety system put in place after the written risk assessment, essentially serves as one, as it also includes measures concerning the health of the employees.

  • The Safety and Health at Work (Essential Requirements for Temporary or Mobile Constructions) Regulations of 2015 (P.I.410/2015) 20151204 (Art. 5(1)(a), Art.5(3), Art.5(4))

  • The Management of Safety and Health Issues at Work Regulations (P.I.173/2002) 20020405 (Art. 5(1))

• 5.1.2 Appointment of a person for health and safety

  Summary/citation: The employer shall ensure that the health and safety of workers is under the supervision of the following: a person responsible for Safety, a Safety Committee and representatives of employees for safety.
  In workplaces with more than 200 employees, the employer shall appoint a person responsible for safety. This person works full-time with the exclusive task of ensuring safety and health, conducting reports and inspections, as well as training employees.
  The Safety Committee is composed of: the representatives for safety, the employer or his or her representative, the person responsible for safety and the representative of the Medical Agency of the workplace, in case the later exists. The Committee takes part in the creation of safety rules in the workplace. It is responsible for examining complaints, as well as the information and training of the employees in workplace health and safety.

  • Law No. 33(I) of 2011 concerning Occupational Safety and Health (Amendment) (Art.10)

  • The Management of Safety and Health Issues at Work Regulations (P.I.173/2002) 20020405 (Art.6, Art.9)

  • The Safety Committees at Work Regulations P.I. 134/1997 (Department of Labour Inspection). (Art.3, Art.4)

• 5.1.3 Written risk assessment

  Summary/citation: The employer, taking into consideration the nature of the working environment, should assess the possible dangers for the safety and health of the employees when choosing work-equipment, when using chemicals and ensuring that the working activities and productions methods are in compliance with the risk assessment, promoting the safety and health of the employees in every sector.
  The employer ought to compose a written risk assessment of the current dangers that exist in the working environment, including risks that concern employees who put themselves in special dangers, during work, as well as the risks posed to non-employees.
  Cypriot labour law has specific provisions about the risks posed to young workers and pregnant workers. In these cases, the preventive and protective measures ought to be more specialised to cope with the risks those groups face.

  • The Management of Safety and Health Issues at Work Regulations (P.I.173/2002) 20020405 (Art.4)

• 5.1.4 Safe operating work systems and procedures

  Summary/citation: The employer shall keep the workplace as well as the working methods safe and without risks for the well-being of the employees, in compliance with health and safety regulations. Employers should take all the necessary measures to ensure that the use, the operation and the transfer of objects and chemicals is also without risk for the safety and health of the employees.
  When assigning an employee with a task, the employer shall take into account the knowledge and the skills a particular employee has concerning health and safety.
  Employers shall make sure that work equipment and machinery is tested before being used by the employees. Cyclical checks and tests of the equipment shall occur, as well as immediate checks after events that could reduce the safety of the work equipment, such as accidents, long periods of no use or natural disasters.

  • Law No. 33(I) of 2011 concerning Occupational Safety and Health (Amendment) (Art.13(2), Art.13(13))

  • The Safety and Health at Work (Occupational Diseases Notification) Regulations of 2007 (P.I.530/2007) 20071207 (Art.5)

  • (P.I.444/2001) 20011130 (Art.6)

  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2015
  

• 5.1.5 Training and information on risks

  Summary/citation: The employer shall provide information, instructions and training to his/her employees in order to secure their safety and health in the instances of: their appointment; their transfer to another position; the introduction of new working equipment, new technologies, or new working methods.
  Specifically, the employer shall ensure that the employees receive the necessary information regarding the risks for their safety and health that could occur in the workplace and the preventive and protective measures taken in order to prevent them, as well as the processes concerning first-aid, fire safety and emergency evacuations.
  Employees who are responsible in the area of safety and health shall have full access to: the written risk assessment, the safety system or the risk management system; the preventive and protective measures and the safety and health archives; the reports of workplace accidents.

  • Law No. 33(I) of 2011 concerning Occupational Safety and Health (Amendment) (Art.13(2))

  • The Management of Safety and Health Issues at Work Regulations (P.I.173/2002) 20020405 (Art.8, Art.12)

  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2015
  

• 5.1.6 Review or assessment of the results of preventive measures

  Summary/citation: Every employer shall conduct such arrangements in the workplace, according to the nature of the activities and the size of the corporation, in order to ensure effective checking and review of the preventive and protective measures set in the safety system or risk management system.
  In the case of temporary or mobile construction sites, the coordinator(s) for safety and health matters during the project execution stage shall make, or cause to be made, any adjustments required to the safety and health plan to take account of the progress of the work and any changes which have occurred.
  

  • The Safety and Health at Work (Essential Requirements for Temporary or Mobile Constructions) Regulations of 2015 (P.I.410/2015) 20151204 (Art.5(8)(a), Art.9(4)(d))

  • The Management of Safety and Health Issues at Work Regulations (P.I.173/2002) 20020405 (Art.5(1))

• 5.1.7 Consultation with workers in health and safety

  No data available.
  

  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2015
  

5.2 Obligation to implement a specific OSH management system or standard

6.1 OSH competence

• 6.1.1 Requirement to access expert advice and/or support in health and safety

  Summary / Citation: Every employer has to ensure the safety, health and welfare of employees at the workplace. One of the employer’s duties, according to the EU legal framework and regulated by the Safety and Health at Work Law 89(I) of 1996 is the requirement to access expert advice and support in health and safety issues.

  • Law No. 33(I) of 2011 concerning Occupational Safety and Health (Amendment) (Art.13(2))

  • 6.1.1.1 Qualifications of experts or professional services

    Summary / Citation: The appointment of the Safety Officer is justified by the relevant knowledge and experience that an individual possesses in respect of the health and safety issues at the respective workplace. The competence of an individual has to be examined through a training course which a Safety Officer has to undertake. Article 10 of Law 89(I)/1996 as amended stipulates that the Safety Officer should have adequate knowledge and experience in order to be able to handle all matters concerning the health and safety of workers. In order to reach this level of competence it is considered that any future Safety Officer should undertake a training course of at least 130 hours. Of these, 16 hours should be on risk assessment, followed by six hour sessions on each of the following topics: fire protection, chemical and biological agents, electrical risks, physical agents (noise, microclimate, radiations etc), workplace transport of staff, materials and machinery, first aid, personal protective equipment, principles of occupational health and psycho-somatic risks. After fulfilling the above training requirements the trainee is given the status of Safety Officer following approval by the Minister of Labour.
    The Department of Labour Inspection organises training courses regularly, and at times in association with foreign organisations or institutions.

    • OSH system at national level - Cyprus/Education, training and awareness raising

    • Law No. 33(I) of 2011 concerning Occupational Safety and Health (Amendment) (Art.10(3))

6.2 Appointment of an OSH practitioner

• 6.2.1 Workforce size threshold for the appointment of OSH practitioners

  Summary/citation: The law provides a minimum number of safety officers, safety representatives and safety committees depending on the number of workers employed at each establishment. According to Law 89(I)/1996 as amended, if a company employs only up to 4 employees, the employer can himself undertake health and safety issues, given that he has the means or the ability to do so. If not, he is required to seek help from experts. For companies that engage from 2 to 9 employees, the employer nominates one or more employees or appoints an expert to monitor OSH issues. In addition, the employees elect one safety representative. In companies engaging 10 to 199 employees, the employer is required to nominate a safety committee, whose members include the employer or his representative, a medical doctor or practitioner, a safety officer, if available, and, depending on the number of the workers in the company, representatives from the workforce. Companies with more than 200 employees must employ a full time safety officer and have a safety committee in which the safety officer takes part.

  • Law No. 33(I) of 2011 concerning Occupational Safety and Health (Amendment) (Art.7(1), Art.10(1))

  • Act No. 89(I) of 1 November 1996 on occupational safety and health. ( Art.8(1), Art.8(2))

7.1 Duty to take reasonable steps to protect their own safety and health

7.2 Duty to take reasonable steps to protect the safety and health of others

7.3 Supervisors’ duty to take reasonable steps to protect the safety and health of others

7.4 Senior officers’ duty to take reasonable steps to protect the safety and health of others

7.5 Self-employed persons’ duty to take reasonable steps to protect their own and other people’s health and safety

7.6 Duty to comply with OSH-related requirements

7.7 Right to enquire about risks and preventive measures

7.8 Right to remove themselves from a dangerous situation

7.9 Right to be reassigned to non-hazard work

• 7.9.1 Right to withdraw with compensation when workers are not reassigned to non-hazard work

  Summary / Citation: In cases where it is not feasible to move the worker to another job, the worker in concern should be granted leave for as long as it is necessary for her safety or health, without any of her rights being affected. The employer in such cases must continue granting her payment for the whole period of her absence. This specifically refers to pregnant workers.

  • The Maternity Protection (Safety and Health at Work) Regulations of 2002 (P.I. 255/2002) 20020531 (Art.3(4), Art.4(2))

8.1 National OSH committee, commission, council or similar body

• 8.1.1 Objectives, roles and/or functions

  Summary / Citation: The Cypriot Council for Safety and Health is a major institution whose main objective is to create the circumstances needed for the promotion of proactive measures in the field of safety and health, in particular with a view of preventing accidents at work. The Council is involved in a tripartite system comprised of the Minister, employers and employee representatives. The State’s employment laws do not contain detailed provisions related to the Council. In particular, the Safety and Health at Work Law 89(I) of 1996 as amended contains only one article which renders the institution of the Council discretionary and refers to the organ’s main duties and objectives. According to Art. 5(3)(a)-(d), the Council shall have the following functions:
  (a) To advise the Minister on matters concerning the prevention of accidents.
  (b) To develop, propagate and maintain such activities as will influence, or create the conditions for, the improvement of the safety and health of workers and of the public in general.
  (c) To submit to the Minister proposals or suggestions with regards to the measures to be adopted and the better and more effective methods of work to be used for the purpose of securing the safety and health of workers.
  (d)To advise the Minister on matters concerning the making or the revision of Regulations in the light of knowledge and experience acquired from the study of local conditions, international developments and technological progress.
  

  Remarks / comments: Cypriot trade unions have been calling for the enhancement of the role of the Council by the State because the latter’s role is extremely significant with regard to the enactment of protective employment legislation.

  • The Pan-Cyprian Federation of Labour

  • The Ministry of Labour, Welfare and Social Insurance, Department of Labour Inspection, ‘Organisation of Safety-Safety Committees’

  • Law No. 33(I) of 2011 concerning Occupational Safety and Health (Amendment) (Art.5(3)(a)-(d))

• 8.1.2 Constitution and chairmanship modalities

  Summary / Citation: The Cypriot Council for Safety and Health is structured in a tripartite system. The Council is composed of the Chief Inspector of Safety and Health. The employees’ bodies participating in the Council have, since the first relevant legislative instrument came into force in 1988, been the largest and most important trade unions of Cyprus. In accordance with the constitution of the Council, these bodies are as follows: the Mines Service of the Ministry of Agriculture, Natural Resources and Environment; the Department of Agriculture of the Ministry of Agriculture, Natural Resources and the Environment, the Cyprus Employers and Industrialists Federation (ΟΕΒ), the Cyprus Chamber of Commerce and Industry (CCCI), the Federation of Associations of Building Contractors Cyprus (OSEOK), the Cyprus Federation of Professional Craftsmen & Shopkeepers, the Pan-Cyprian Federation of Labour (PEO), the Cyprus Workers' Confederation (SEK), the Democratic Labour Federation of Cyprus (DEOK), the Pan-Cyprian Federation of Independent Trade Unions, the Pan-Cyprian Public Employees Trade Union (PASYDY), the Cyprus Union of Bank Employees (ETYK), the Cyprus Scientific and Technical Chamber (ΕΤΕΚ); and the Cyprus Safety and Health Association (CYSHA).

  • Law No. 33(I) of 2011 concerning Occupational Safety and Health (Amendment) (Art.5(1)-(2))

8.2 Employers’ duty to consult workers on risks

8.3 Workers’ right to select their representatives for health and safety matters

• 8.3.1 Workforce size conditions for workers’ representation in health and safety

  Summary / Citation: The organs that represent employees are safety representatives, safety committees, and safety officers. Unlike safety representatives, who are appointed, selected or elected by employees themselves in cases where at least two persons are employed by the same employer, safety committees are formed by the employer in cases where more than two representatives are in place.

  Remarks / comments: The original version of The Safety and Health at Work Law 89(I) of 1996 did not create duties for the employer as regards safety committees. For example, the employer ‘may’ have formed a safety committee at a workplace, where more than 10 employees worked. This provision has now been revised, the term ‘shall’ has now replaced the word ‘may’, to make explicit that the employer is under an obligation to form the relevant body.
  The Safety Committees at Work Regulations P.I.134 of 1997 contains a table that sets out that where an employer employs 5-9 employees, the latter are entitled to 1 safety representative. 10-19 employees are entitled to 2 safety representatives. 20-49 employees are entitled to 3 safety representatives. For every additional 50 employees, the latter are entitled to 1 additional safety representative. For 200 or more employees the number of safety representatives increases as stated above.
  In facilities where 10 or more persons are employed, the employer is under an obligation to form a safety committee. The latter is a joint committee whose role is advisory. The joint committee is comprised of the safety representatives elected by the employees at the relevant workplace and the employer or his/her representative, who also chairs the committee.

  • Law No. 33(I) of 2011 concerning Occupational Safety and Health (Amendment) (Art.7)

  • The Management of Safety and Health Issues at Work Regulations (P.I.173/2002) 20020405 (Art.6(5))

  • The Safety Committees at Work Regulations P.I. 134/1997 (Department of Labour Inspection). (Art.4(1)(a)-(c), Art.8)

• 8.3.2 Conditions of eligibility to represent workers in health and safety

  Summary / Citation: Cypriot law specifies a series of minimum conditions of eligibility for safety representatives, such as a minimum number of employment years in the same facility or for the same employer. Eligibility to represent workers as a safety representative is activated once an employee has worked at the relevant or a similar facility for at least 2 years. The law dictates that safety representatives must have good knowledge of the premises and be well-informed with regard to occupational safety and health matters (although it is not specified what good knowledge amounts to). Cypriot law has detailed provisions on the duties of representatives after they have been appointed or elected rather than on their eligibility conditions. This leaves selection criteria largely to the discretion of employees and/or the employer subject to the condition that safety representatives have worked at the same workplace for at least two years.

  • Law No. 33(I) of 2011 concerning Occupational Safety and Health (Amendment) (Art.10(2), Art.10(3)(a)-(c))

  • The Safety Committees at Work Regulations P.I. 134/1997 (Department of Labour Inspection). (Art.3(3), Art.3(5))

8.4 OSH representatives’ functions, rights and powers

• 8.4.1 Right to inspect the workplace

  Summary / Citation: The Safety and Health at Work Law 89(I) of 1996 as amended considers inspections as a duty rather than a right. The Act, rather than creating a right to inspect for safety representatives and committees, provides that the Minister may appoint any officer under whatever title or titles who will be entitled to enter and inspect workplaces so as to effectively enforce. The Regulations, however, refer explicitly to the relevant right of representatives from inside the workplace and declares that they shall conduct inspections on a regular basis so as to improve the working conditions and to secure safe methods of working.

  • Law No. 33(I) of 2011 concerning Occupational Safety and Health (Amendment) (Art.40)

  • The Safety Committees at Work Regulations P.I. 134/1997 (Department of Labour Inspection). (Art.3(4)(i), Art.6(b))

• 8.4.2 Right to access OSH information

  Summary / Citation: Every employer must ensure the safety, health and welfare of all the employees. Part of this general obligation is the employer’s duty to provide all relevant information that can safeguard the health and safety of employees. The rule does not refer to representatives of occupational safety and health in particular, but rather covers all employees.

  Remarks / comments: Cypriot law generally prohibits disclosure of information, and includes safety and health matters as an exception to this prohibition. The use of the term ‘may’ instead of ‘shall’ is also noteworthy. However, The Safety and Health at Work Law (No. 89(I) of 1996) enables external actors, namely the Chief Inspector or Inspector to demand. The Safety Committees at Work Regulations P.I. 134 of 1997 and The Management of Safety and Health at Work Issues Regulations P.I. 173 of 2002 refer to the provision of information as an employer’s duty rather than a representatives’ right.
  The Safety Committees at Work Regulations P.I. 134 of 1997 contain a disclaimer stating that the employer is under no obligation to disclose to the safety committee information related to commercial and industrial secrets. Furthermore, the employer is under no obligation to disclose to the committee information where this information concerns a particular person, unless the person concerned has consented to disclosure of the relevant information.

  • The Management of Safety and Health Issues at Work Regulations (P.I.173/2002) 20020405 (Art.8(1)(a)-(c), Art.8(3)(a)-(c))

  • The Safety Committees at Work Regulations P.I. 134/1997 (Department of Labour Inspection). (Art.5(c), Art.5(g))

  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2015
  

• 8.4.3 Right to be present at interviews

  Summary / Citation: There is no provision in Cypriot law that refers to the right to be present at interviews. The Health and Safety at Work Act touches upon the Inspector’s or Chief Inspector’s right to interview anyone who may be able to provide information allowing the presence of third persons.

  Remarks / comments: The law does not specify who these third persons may be. Nevertheless, it can be inferred that the persons concerned may be representatives as they are required to sign statements that the answers provided during the interviews are correct. It will usually be safety representatives that possess adequate knowledge to ascertain the truth or otherwise of such statements.

  • Law No. 33(I) of 2011 concerning Occupational Safety and Health (Amendment) (Art.44(1)(f))

• 8.4.4 Right to receive professional assistance from OSH experts

  Remarks / comments: Cypriot law is vague on the right to receive professional assistance from OSH expert, which it sets out as a duty of experts hired by the employer. Moreover, these experts are only hired if the relevant establishment lacks the conditions necessary that would allow representatives to carry out their duties.

  • Law No. 33(I) of 2011 concerning Occupational Safety and Health (Amendment) (Art.40(3))

  • The Management of Safety and Health Issues at Work Regulations (P.I.173/2002) 20020405 (Art.6(9)(a)-(b))

• 8.4.5 Right to accompany inspectors

  Summary / Citation: Safety representatives have to accompany inspectors while they are inspecting premises. Inspectors can also be accompanied by representatives of trade unions, upon consultation.

  • The Safety Committees at Work Regulations P.I. 134/1997 (Department of Labour Inspection). (Art.3(4)(a), Art.6(d))

• 8.4.6 Right to use facilities

  Summary / Citation: The Safety Committees at Work Regulations 1997 contain several provisions from which the right of safety representatives, who are members of the safety committee, to use premises and facilities to carry out their responsibilities can be inferred as, according to these Regulations, the employer shall provide them with all necessary facilities in order to effectively perform their duties.

  • The Safety Committees at Work Regulations P.I. 134/1997 (Department of Labour Inspection). (Art.4(3)(e), Art.4(3)(h), Art.5(h))

• 8.4.7 Right to have time off work with pay to perform duties

  Summary / Citation: Cypriot law provides for the right to have time off work. The Law does not specify a precise number of hours or days. Rather it refers to ‘sufficient time’ without specifying what exactly this amount should be.

  • Law No. 33(I) of 2011 concerning Occupational Safety and Health (Amendment) (Art.13(2)(g))

  • The Management of Safety and Health Issues at Work Regulations (P.I.173/2002) 20020405 (Art.4(2), Art.4(2)(b), Art.11(5))

• 8.4.8 Right to issue remedial notices

  Remarks / comments: Cypriot law does not seem to confer such right on representatives themselves; instead it reserves this right for Inspectors.

  • Law No. 33(I) of 2011 concerning Occupational Safety and Health (Amendment) (Art.45(1))

  • Act No. 89(I) of 1 November 1996 on occupational safety and health. (Art.47(1))

• 8.4.9 Right to resolve OSH issues in consultation with employers

  Summary / Citation: Employees have the duty to participate in consultation with employers on any action that may have substantial consequences on the safety and health of persons at work. Employees also have the right to request their employer to take appropriate measures and put forward relevant proposals to tackle any risk to their health and safety.

  • The Management of Safety and Health Issues at Work Regulations (P.I.173/2002) 20020405 (Art.11(2)(a), Art.11(3))

• 8.4.10 Right to direct that dangerous work cease

  Summary / Citation: The Safety and Health at Work Law 89(I) of 1996 establishes the right to direct that dangerous work cease for the Inspector, instead of safety representatives. It is The Management of Safety and Health at Work Issues Regulations P.I. 173 of 2002 that explicitly establishes this right for employees and their representatives, but they reserve the final word for the Inspector.

  Remarks / comments: Overall, the Inspector seems to have extensive powers in the area of notices and orders, be they Remedial Notices or a “Prohibition Notice” that dangerous activities cease, including prohibiting the use of certain premises or prohibiting the carrying out of certain activities until the risk is removed.

  • Law No. 33(I) of 2011 concerning Occupational Safety and Health (Amendment) (Art.46)

  • The Management of Safety and Health Issues at Work Regulations (P.I.173/2002) 20020405 (Art.11(6))

8.5 Right of workers’ representatives from outside the undertaking to address OSH issues at the workplace

• 8.5.1 Right to enter the workplace

  No data available.
  

  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2015
  

• 8.5.2 Right to investigate suspected non-compliance with OSH legislation

  No data available.
  

• 8.5.3 Right to consult with workers

  No data available.
  

  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2015
  

• 8.5.4 Right to advise workers

  No data available.
  

• 8.5.5 Right to initiate enforcement action

  No data available.
  

8.6 Joint OSH Committee

• 8.6.1 Participation of workers’ representatives in joint OSH committee

  Summary / Citation: When the safety representative is elected by the majority of workers or the employer, he or she is responsible to participate in the Safety Committee meetings to represent his or her co-workers in matters related to occupational health and safety at work. The Safety Committee is not established if the employees are less than 10. It must be noted that the number of safety representatives depends on the existing number of the employer’s workforce. If the number of employees is 2-9, 10-19 and 20-49 then 1, 2 or 3 representatives are appointed respectively. For every additional 50 employees, one safety representative is added to the Safety Committee.

  • Law No. 33(I) of 2011 concerning Occupational Safety and Health (Amendment) (Art.13(10))

  • The Safety Committees at Work Regulations P.I. 134/1997 (Department of Labour Inspection). (Art.6(a))

  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2015
  

• 8.6.2 Conditions for establishing a joint OSH committee

  Summary / Citation: If the number of employees at a workplace lies between 10 and 199, the employer is required to facilitate the formation of a Safety Committee, whose members include the employer or his or her representative, a medical doctor or practitioner, a Safety Officer and the respective (safety) representatives from the workforce.

  • Law No. 33(I) of 2011 concerning Occupational Safety and Health (Amendment) (Art.10(a))

  • Act No. 89(I) of 1 November 1996 on occupational safety and health. (Art.8(1))

• 8.6.3 Objectives, roles and/or functions of joint OSH committees

  Summary / Citation: The committee on occupational safety and health has the right to organise joint actions of the employer and workers to ensure compliance with the requirements of the occupational safety and health regulations, to prevent occupational injuries and diseases, and also to organise inspections of working conditions and occupational safety and health at workplaces and inform workers of the results of these inspections and to collect proposals subject to the section of the collective agreement on occupational safety and health.

  • The Safety Committees at Work Regulations P.I. 134/1997 (Department of Labour Inspection). (Art.4(1)-(3))

  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2015
  

• 8.6.4 Keeping record of the work of joint OSH committees

  Summary / Citation: Joint OSH committees should keep records of their meetings.

  • The Safety Committees at Work Regulations P.I. 134/1997 (Department of Labour Inspection). (Art.4(3)(a)-(b))

• 8.6.5 Sharing the minutes of joint OSH committees meetings

  Summary / Citation: The employer is required to prepare and distribute an agenda, listing the topics to be discussed during committee meetings, with the safety committee.

  • The Safety Committees at Work Regulations P.I. 134/1997 (Department of Labour Inspection). (Art.5(e))

8.7 Mandatory training for members of joint OSH committee(s)

8.8 Protection against reprisals

8.9 Immunity from civil and criminal liability for exercising OSH related rights and duties

9.1 Biological hazards

9.2 Chemical hazards

• 9.2.1 Handling, storage, labelling and use

  Summary / Citation: The Chemical Substances Law (Classification, Packaging and Labelling of Hazardous Substances and Mixtures) Regulations 2010 cover specifically the classification, packaging and labelling of chemical hazards to ensure that hazardous substances in the market are properly classified, packaged and labelled and that the safety of consumers and users is guaranteed.

  Remarks / comments: The legislation set outs specific conditions concerning the packaging of such substances, such as the requirement that the box or container must be designed and manufactured in a way in as to preclude any loss of the contents, and the requirement that the packaging must be equipped with a safety seal system for children in specific cases. The legislation also regulates labelling, by setting out which specific information must be included in a legible and indelible manner in order for dangerous substances to be placed in the market.

  • The Chemical Substances (Classification, Packaging and Labelling of Dangerous Substances and Mixtures) Regulations of 2010 (P.I. 324/2010) 20100723 (Art.7, Art.8)

  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2015
  • Chemicals Convention, 1990 (No. 170) Direct Request 2020
  

• 9.2.2 Duty of manufacturers, suppliers and importers of chemicals in relation to the safety and health of users

  Summary / Citation: The Safety and Health at Work (Chemical agents) Regulation 2001 as amended by the Safety and Health at Work (Chemical agents) (Amendment) Regulation 2015 includes a specific section (Section III, Article 13) on the obligations of manufacturers and suppliers of hazardous chemical substances, which includes inter alia, the duty of the manufactures or supplier of hazardous chemical agent to supply the employer, if he so requests, with all information on hazardous chemical agent.

  • The Safety and Health at Work (Chemical Agents) (Amendment) Regulation of 2015 (P.I.44/2015) 20150213 (Art.5)

  • The Safety and Health at Work (Chemical Agents) Regulations P.I. 268/2001 (Department of Labour Inspection). (Art.13)

  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2015
  • Chemicals Convention, 1990 (No. 170) Direct Request 2020
  

• 9.2.3 Pesticides

  Summary / Citation: Cypriot law provides that the Ministry of Agriculture ought to take measures to inform the public regarding pesticides, particularly regarding their dangers and potential impact on human health. Legislation lays down the rules for the authorisation of commercial plant protection products and for the placement of such products on the market.

  • The Sustainable Use of Pesticides Regulation of 2012 (P.I. 193/2012) 20120601 (Art.4, Art.7)

  • The Plant Protection Products Law (N.141(I)/2011) 20111027 (Art.7, Art.13)

9.3 Ergonomic hazards

9.4 Physical hazards

• 9.4.1 Ionising radiation

  Summary / Citation: The Protection from Ionising Radiation and Nuclear Safety Laws 2002-2011 establish a general framework regarding protection from ionising radiation, radioactive waste management and nuclear safety. Its main purpose is to protect the health of workers, the general public and persons exposed to ionising radiation for medical purposes. It prohibits the import, transport and possession of sources of ionising radiation, unless a relevant permission has been granted by the Ministry of Labour.

  • The Protection from Ionising Radiation and Nuclear Safety (Amendment) Law of 2011 (Law 127(I)/2011) 20111007 (Art.3(b))

  • The Protection from Ionising Radiation Law of 2002 (Law 115(I)/2002) 20020712 (Art.8)

  • The Protection from Ionising Radiation (Informing the Public about Measures in Emergency) Regulations of 2002 (P.I.495/2002) 20021025 (Art.3, Art.10(1))

  • The Protection from Ionising Radiation (Basic Principles) Regulations of 2002 (P.I.494/2002) 20021025 (Art.4, Art.6, Art.7(1)-(2), Art.14(1))

  • Protection from Ionising Radiation (Medical Exposure) Regulations of 2002 (P.I.497/2002) 20021025 (Art.3, Art.5(1)-(2))

• 9.4.2 Vibration and noise

  Summary / Citation: The Safety and Health at Work Law of 1996 sets out the general provisions relating to the health and safety of workers, ranging from the general obligations of employers and employees, to specific provisions relating to issues such as noise, overcrowding, fire hazards etc. The legislation includes a specific provision on the protection of the hearing of workers.
  The Safety and Health at Work (Protection from Vibrations) Regulations 2005 set out the exposure limits and action values, they require the employer to assess and, if necessary, measure the levels of mechanical vibration to which workers are exposed, provide that the risks arising from exposure to mechanical vibration shall be eliminated at their source or reduced to a minimum, and require the employer to ensure that workers who are exposed to the risks from mechanical vibration at work and/or their representatives receive information and training relating to the outcome of the risk assessment.

  • Safety and Health at Work (Protection from Noise) Regulation of 2006 (P.I.317/2006) 20060728 (Art.5(1), Art.6, Art.7(1))

  • The Safety and Health at Work (Protection from Vibrations) Regulation of 2005 (P.I.332/2005) 20050722 (Art.5(1)(a), Art.6(1)-(2))

  • Act No. 89(I) of 1 November 1996 on occupational safety and health. (Art.37)

• 9.4.3 Working at height

  Summary / Citation: The Safety and Health at Work (Code of Practice regarding Working at Height) Decree of 2012 sets out the general principles of prevention for temporary work at a height, explains how to assess risks and choose work equipment, and explains the relevant information and legislation regarding the different types of equipment for temporary work at heights.

  • The Safety and Health at Work (Code of Practise for Work at Height) Order of 2012 (P.I.131/2012) 20120404 (Art.1-2)

• 9.4.4 Working in confined spaces

  Summary / Citation: The Safety and Health at Work Law 1996 regulates working in confined spaces. It prohibits overcrowding at the workplace and provides that the number of persons present, as well as the space taken up by objects, must be taken into account when determining whether or not a space is overcrowded. The provisions also require adequate ventilation and suitable climatic conditions. The requirements regarding ventilation are also regulated in the Minimum Safety Standards for Health and Safety at the Workplace Regulations 2002.

  • The Minimum Requirements for Safety and Health at the Workplace Regulations of 2002 (P.I.174/2002) 20020405 (Annex 1, Art.6)

  • Act No 25(I) of 2002 to amend Acts of 1996 and 2001 concerning occupational safety and health. (Art.21)

  • Act No. 89(I) of 1 November 1996 on occupational safety and health. (Art.20)

• 9.4.5 Risks arising from poor maintenance of workplace facilities

  Summary / Citation: The Minimum Safety Standards for Health and Safety at the Workplace Regulations 2002 set out the relevant provisions relating to the maintenance of workplace facilities, including the obligation for the employer to ensure the technical maintenance, restoration and regular cleaning of the workplace, facilities and systems, including security systems and the facilities intended to eliminate dangers.

  • The Minimum Requirements for Safety and Health at the Workplace Regulations of 2002 (P.I.174/2002) 20020405 (Art.7)

• 9.4.6 Exposure to extreme temperatures

  Summary / Citation: The Safety and Health at Work (Code of Practice regarding Workers’ Thermal Stress) Decree of 2014 explains the dangers arising from exposure to adverse thermal environments and sets out prevention and assessment measures concerning thermal stress.

  • The Safety and Health at Work (Code of Practise for the Protection of Workers from Heat Stress) Order of 2014 (P.I.291/2014) 20140618 (Art.1-3)

• 9.4.7 Fire risks

  Summary / Citation: The Safety and Health at Work Law 1996 provides that workplaces must have sufficient and suitable fire fighting equipment and suitable fire detection and fire alarm systems, according to various factors, such as the dimensions of the premises and the maximum number of persons present. The equipment and systems referred to above must be maintained and tested. The legislation also requires suitable signage to be present at the workplace, an adequate number of persons to be trained regarding the proper use of fire safety equipment, and that inflammable substances are stored in fireproof or fire resistant warehouses.

  • Law No. 33(I) of 2011 concerning Occupational Safety and Health (Amendment) (Art.32)

  • Act No 25(I) of 2002 to amend Acts of 1996 and 2001 concerning occupational safety and health. (Art.33)

• 9.4.8 Tobacco

  Summary / Citation: The Protection of Health (Control of Smoking) Law of 2002 regulates smoking at the workplace. Employers are obliged to create and implement a written policy on smoking that will ensure that non-smokers are protected from smoke/tobacco at the workplace.

  • The Health Protection (Control of Smoking) Law of 2002 (N.75(I)/2002) 20020614 (Art.14)

• 9.4.9 Asbestos

  Summary / Citation: The Health and Safety at Work (Protection from Asbestos) Regulations of 2006 as amended by the Health and Safety at Work (Protection from Asbestos) (Amendment) Regulations of 2015, set out the obligations of employers, which include the obligation to ensure the safety and health of all employees while using asbestos, to ensure that employees are not exposed to asbestos, and in cases where exposure cannot be prevented, the employer must ensure that exposure to asbestos dust or material which contain asbestos at the workplace is minimised and in all cases below the value specified in the Regulations.

  • The Safety and Health at Work (Protection from Asbestos) (Amendments) Regulations of 2015 (P.I.46/2015) 20150213 (Art.1-3)

  • The Safety and Health at Work (Protection from Asbestos) Regulations of 2006 (P.I.316/2006) 20060728 (Art.4, Art.5, Art.9(2))

  Related CEACR Comments
  • Asbestos Convention, 1986 (No. 162) Observation 2006
  • Asbestos Convention, 1986 (No. 162) Direct Request 2015
  

• 9.4.10 Risks related to nanotechnology

  No data available.
  

• 9.4.11 Contraction of HIV in the workplace

  No data available.
  

9.5 Psychosocial hazards

• 9.5.1 Psychosocial risks

  Summary / Citation: The Health and Safety at Work Law 1996 includes in the definition of ‘health’ physical, mental and psychological elements and it imposes a general obligation on employers to ensure the safety, health and welfare at work of all employees.

  • Law No. 33(I) of 2011 concerning Occupational Safety and Health (Amendment) (Art.13(1))

  • Act No. 89(I) of 1 November 1996 on occupational safety and health. (Art.2(1))

• 9.5.2 Occupational violence

  Summary / Citation: Cypriot law does not include a specific provision on occupational violence; however, the Safety and Health at Work Law of 1996 explicitly states that “health”, in relation to work, means not only the absence of disease or infirmity but includes those physical, mental and psychological elements affecting health which are directly related to safety and hygiene at work; Also the Safety and Health at Work Law 1996 as amended imposes a general obligation on employers to ensure the safety, health and welfare at work of all employees, according to Art.13.

  Remarks / comments: Cyprus has been harmonised with the provisions of the Directive 89/391 / EEC on the Safety and Health at Work Laws of 1996-2011 and the Management of Safety and Health at Work Issues Regulations (P.I. 173/2002). In 2004, the European social partners (employers and trade unions) concluded the Framework Agreement on Work Stress. Declaring that harassment and violence at work are unacceptable, in 2007 the European social partners concluded the Framework Agreement on Harassment and Violence at Work. The Agreement contains a description of harassment and violence and how to prevent, identify and manage these problems.

  • Safety and Health at Work / Psychosocial Risks at Work

  • Law No. 33(I) of 2011 concerning Occupational Safety and Health (Amendment) (Art.13(1))

  • Act No. 89(I) of 1 November 1996 on occupational safety and health. (Art.2(1))

9.6 Other hazardous substances

9.7 Machineries

• 9.7.1 Risks related to machinery and tools

  Summary / Citation: Risks related to machinery and tools, as mentioned in the User Manual of Work Relations, Health and Safety 2014, entail the collapse of all or part of the equipment which carried load during operation, or preparatory work for installation or placement before the start of its operation of lift, crane, moving or lifting platform, lifting mechanism or excavator and drilling machine.

  Remarks / comments: The Minimum Requirements for Safety and Health (Use of Work Equipment at Work) (Amendment) Regulations of P.I. 497 of 2004 were issued by the Council of Ministers in Cyprus, under Article 38 of the Health and Safety at Work Act of 1996. These Regulations were issued to ensure compliance and harmonization with the 2001/45/EC Directive and took effect on 1st July 2006.

  • The Essential Requirements (Machinery) (Amendment) Regulations of 2011 (P.I.286/2011) 20110722 (Art.1(3))

  • Regulation No. 497 of 2004 implementing Directives 2001/45/EC, 89/655/EEC and 95/63/EC amending the Laws concerning minimum requirements on health and safety at work (professional equipment). (Art.5(1)-(2))

  • Act No 25(I) of 2002 to amend Acts of 1996 and 2001 concerning occupational safety and health. (Art.34(1))

  • (P.I.444/2001) 20011130 (Art.4)

  • The Factories (Amendment) Law Cap.134 of 1989 (L.25/1989) 19890224 (Art.26, Art.27)

  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2015
  • Guarding of Machinery Convention, 1963 (No. 119) Observation 1994
  • Guarding of Machinery Convention, 1963 (No. 119) Direct Request 2010
  

• 9.7.2 Duty of designers and/or manufacturers of machineries in relation to the occupational safety and health of operators of machineries

  Summary / Citation: The designers and manufacturers of machineries are under a duty to make sure that the machine is constructed, created and installed in a way that is safe for use by all persons, when it is set up, during use, and during maintenance. Designers and manufacturers are responsible for testing the machines in advance of placement in the workplace to secure safe adequate standards of use by anyone.

  • Law No. 33(I) of 2011 concerning Occupational Safety and Health (Amendment) (Art.17(1)-(2))

  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2015
  • Guarding of Machinery Convention, 1963 (No. 119) Observation 1994
  • Guarding of Machinery Convention, 1963 (No. 119) Direct Request 2010
  

• 9.7.3 Duty of designers, manufacturers, importers or suppliers of machineries to provide machineries information

  Summary / Citation: Designers and manufacturers of machineries are required to provide sufficient information to people intending to use the machinery in the form of instructions for the safe use of the machinery during its use, deconstruction or disposal. Importers and suppliers are required by law to ensure that the machines are built in accordance to the standards set out in the legislation to protect employers from health and safety risks.

  • Law No. 33(I) of 2011 concerning Occupational Safety and Health (Amendment) (Art.17(1)-(2))

  • (P.I.444/2001) 20011130 (Art.9)

  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2015
  • Guarding of Machinery Convention, 1963 (No. 119) Observation 1994
  • Guarding of Machinery Convention, 1963 (No. 119) Direct Request 2010
  

• 9.7.4 Duty to purchase machineries from authorised/certificated suppliers or only if approved/certificated

  No data available.
  

  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2015
  • Guarding of Machinery Convention, 1963 (No. 119) Observation 1994
  • Guarding of Machinery Convention, 1963 (No. 119) Direct Request 2010
  

• 9.7.5 Maintenance of machinery and equipment

  Summary / Citation: Maintenance of machinery and equipment is governed by the Machinery Inspection division of the Department of Labour Inspection, which specifically deals with inspection and the specification of machinery to be inspected, such as steam boilers, steam receivers, cranes, winches, overhead travelling cranes and air receivers, as well as setting the parameters and conditions for safe operation within the permitted weight limits specified by the manufacturer.

  Remarks / comments: Further to the Limited Specifications in relation to Safety and Health (Use of Work Equipment) Regulations 2001 (444/2001) and the Minimum Requirements for Safety and Health at the Workplace Regulations of 2002 (P.I.174/2002), the employer will need to ensure that maintenance is carried out only be appropriately trained staff and that the equipment to be used for this maintenance is kept in good condition. Furthermore, the employer needs to ensure that the maintenance is carried out in accordance to the user’s manual and the instructions provided by the supplier for each piece of machinery. To this effect, before any maintenance is carried out, the employer needs to ensure that an appropriate sign is displayed on the machinery explaining that it is under maintenance.

  • The Factories Laws Cap. 134 Consolidated Version (Arts. 37-43)

  • The Minimum Requirements for Safety and Health at the Workplace Regulations of 2002 (P.I.174/2002) 20020405 (Art.7(b)-(d))

  • (P.I.444/2001) 20011130 (Annex1 Art.2)

  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2015
  

  • 9.7.5.1 List of equipment where applicable

    Summary / Citation: The Machinery Inspection and Certification Unit, which operates with personnel at the Headquarters as well as at the District Offices of the Department of Labour Inspection is responsible for the inspection of:
    (a) Cranes and Lifting devices, once every 12 months,
    (b) Steam boilers, once every 12 months,
    (c) Steam receivers, once every 26 months,
    (d) Air receivers, once every 26 months.
    The Inspectors of the Department of Labour Inspection carry out ex officio inspections of the machinery by implementing an inspection schedule which is based on a system of prescribed priorities. Any owner of machinery may request the inspection of his or her machinery by an Inspector of the corresponding District Labour Inspection Office. The inspection takes place in the area where the machinery is installed or used following a prior consultation between the owner and the Inspector. Immediately after the inspection, the Inspector issues an Inspection Report or a Test and Examination Certificate, according to the machinery and the type of work performed. The Inspection Report or the Test and Examination Certificate are mailed to the owner or the person declared to be the representative of the owners soon after the prescribed fees are paid.
    The Health and Safety at Work (Operation, Maintenance and Audit of Lifts) Regulations of 2012 (P.I. 533/2012) require that periodic audit and maintenance of lifts is carried out by private auditors and maintenance persons respectively. This legal provision is implemented by the Minister of Labour and Social Insurance, through the Department of Labour Inspection.
    

    • Department of Labour Inspection, Machinery for Inspection

    • The Safety and Health at Work (Operation, Maintenance and Audit of Lifts) Regulation of 2012 (P.I.533/2012) 20121228

    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2015
    

9.8 Provisions to protect workers in specific condition of vulnerability

• 9.8.1 Protection of pregnancy at work

  Summary / Citation: The Protection of Maternity Laws ensures that pregnant workers are entitled to time off, without loss of pay, in order to attend antenatal examinations, if such examinations have to take place during working hours and provided that they have notified their employer in time and by producing a medical certificate upon return to work. Dismissal or notice of dismissal to a pregnant worker is prohibited, provided that the said worker has notified her pregnancy to her employer in writing. The employer should determine and take all necessary preventive and/or protective measures in order to ensure the safety and health of pregnant workers. The Maternity Protection (Safety and Health at Work) Regulations of 2002 require employers to assess the risks and the appropriate protective decisions to be taken if pregnant women are or will be part of workforce. This is due to the risk that the nature of a particular job may be dangerous to the health and safety of a pregnant due to risks related to physical, biological or chemical hazards.
  To achieve the above, the legislation requires that the employer make changes to the work environment or the hours of employment for the particular person so that she will not face exposure to risks or harm whilst in employment.
  If the avoidance of the aforementioned hazards is not possible, then the employer is required to find an alternative employment for the pregnant (in the sense of adjusting her working hours or even changing her working post, duties or responsibilities so that she is not exposed to any danger) that would preserve her safety and well-being for the time period that is deemed appropriate to avoid any infringement on her rights, otherwise she is required to take paid leave for a time period long enough to ensure her well-being and safety.
  

  Remarks / comments:
  

  • The Protection of Maternity Law (Amendment) of 2011 (N.70(I)/2011) 20110429 (Art.5)

  • The Maternity Protection (Safety and Health at Work) Regulations of 2002 (P.I. 255/2002) 20020531 (Art.3, Art.4)

  • Act No 205(I) of 2002 to provide for equal treatment between men and women with regard to employment and vocational training. (Art.11)

  • Law No. 100(I) of 1997 concerning maternity protection. (Art.3(1)-(2), Art.3(4), Art.3(6), Art.4(1))

  Related CEACR Comments
  • Maternity Protection Convention, 2000 (No. 183) Observation 2013
  • Maternity Protection Convention, 2000 (No. 183) Direct Request 2009
  

• 9.8.2 Protection of lactating women at work

  Summary / Citation: The employer should determine and take all necessary preventive and/or protective measures in order to ensure the safety and health of workers who have recently given birth or are breastfeeding. The Maternity Protection (Safety and Health at Work) Regulations of 2002 require employers to assess the risks and the appropriate protective decisions to be taken if lactating or breastfeeding women are or will be part of workforce. This is due to the risk that the nature of a particular job may be dangerous to the health and safety of a lactating woman due to risks related to physical, biological or chemical hazards.
  To achieve the above, the legislation requires that the employer make changes to the work environment or the hours of employment for the particular person so that she will not face exposure to risks or harm whilst in employment.
  If the avoidance of the aforementioned hazards is not possible, then the employer is required to find an alternative employment for the lactating woman (in the sense of adjusting her working hours or even changing her working post, duties or responsibilities so that she is not exposed to any danger) that would preserve her safety and well-being for the time period that is deemed appropriate to avoid any infringement on her rights, otherwise she is requires to take paid leave for a time period long enough to ensure her well-being and safety.
  

  • The Protection of Maternity Law (Amendment) of 2011 (N.70(I)/2011) 20110429 (Art.5)

  • The Maternity Protection (Safety and Health at Work) Regulations of 2002 (P.I. 255/2002) 20020531 (Art.3, Art.4)

  • Law No. 100(I) of 1997 concerning maternity protection. (Art.3(1)-(2), Art.3(4), Art.3(6), Art.4(1))

  Related CEACR Comments
  • Maternity Protection Convention, 2000 (No. 183) Observation 2013
  • Maternity Protection Convention, 2000 (No. 183) Direct Request 2009
  

• 9.8.3 Limits to women’s access to specific occupations, undertakings or shifts

  Summary / Citation: The Equal Treatment for Men and Women in Employment and Vocational Training Law 2009 provides for the protection and promotion of the principle of equality between men and women in employment and vocational training and, within the scope of this objective, it protects working women against any kind of discrimination on grounds of sex.

  Remarks / comments: Given that pregnancy is a biological state exclusive to women, any less favourable treatment of pregnant women and women who have recently given birth or are breastfeeding, for reasons of pregnancy, must also be directly connected to their gender. Therefore, according to the established case-law of the Court of Justice of the European Communities, discrimination against a working woman for reasons of pregnancy is a direct discrimination on grounds of sex and it is examined under the provisions of the Equal Treatment for Men and Women in Employment and Vocational Training Laws.

  • Act No. 39(I) of 2009 amending the Act providing for equal treatment between men and women with regard to employment and vocational training. (Art.5(1), Art.8(1)-(2))

  Related CEACR Comments
  • Underground Work (Women) Convention, 1935 (No. 45) Direct Request 2010
  

• 9.8.4 Limits to workers’ access to specific occupations, undertakings or shifts by reason of age

  Summary / Citation: The Protection of Young People at Work (Law No 48(I) of 2001) provides for the Protection of young persons at work, was amended by the Law 15(I)/2012. The Safety and Health at Work (Protection of Young People) Regulations of 2012 (P.I. 77/2012) have been enacted in order to set limitations in relation to the procedure to be followed for granting a permit to children to participate in cultural activities, including reference to their hours of work, types of work, submission of complaints etc. The employment of children under 15 years of age is prohibited except for purposes of vocational or occupational training as well as for employment in cultural, artistic, sports or advertising activities. Children having attained the age of 14 and completed compulsory education may be placed under a combined work-training scheme under special licence issued by the Ministry of Labour and Social Insurance.

  Remarks / comments: Provision of domestic services in a private household and at any work considered as not being harmful, damaging or dangerous to adolescents in a family undertaking are excluded from the scope of application of the legislation. Employment of a child in cultural, artistic, sports or advertising activities is permitted subject to a licence being issued by the Ministry of Labour and Social Insurance. The maximum weekly working hours are 36 for children, who have attained the age of 14 and completed compulsory education, and 38 for adolescents (over 15 years of age and under 18). Employment of children between 13.00 one day and 07.00 the following day is prohibited. For adolescents the period of prohibition is limited between 23.00 and 07.00. Daily rest is 14 hours for children and 12 hours for adolescents.

  • The Safety and Health at Work (Protection of Young People) Regulations of 2012 (P.I. 77/2012) 20120309 (Art.7(1)-(2), Art.7(6), Art.8)

  • Act No. 48(I) of 2001 concerning the Protection of Young Persons at Work. (Art.11, Art.12, Art.13, Art.15, Art.20(1)-(3))

  Related CEACR Comments
  • Minimum Age Convention, 1973 (No. 138) Observation 2014
  • Minimum Age Convention, 1973 (No. 138) Direct Request 2014
  • Night Work of Young Persons (Industry) Convention (Revised), 1948 (No. 90) Observation 2016
  • Night Work of Young Persons (Industry) Convention (Revised), 1948 (No. 90) Direct Request 2006
  

10.1 Duty to record and/or investigate the causes of work accidents, near misses incidents and cases of occupational diseases

• 10.1.1 Work-related accidents

  Summary / Citation: The employer, responsible for the notification of the accident, should immediately inform the relevant District Labour Inspection Office, in the fastest practical way, to enable the investigation of the accident before the accident scene has been modified. After that, the accident should also be reported in writing, within 15 days of the date of the accident.
  If the accident notification form is received by the relevant District Inspection Office, more than 15 days after the accident, the responsible person may receive a written warning, if he or she has contravened the legislation involuntarily for the first time or has been prosecuted.
  The victim of an accident or other affected person may request, personally or through his or her representative to have a copy of the investigation report, if such a report has been prepared, by sending a written request to the relevant District Labour Inspection Office.
  When the victim of an accident or other person sues any person for damages he or she may request, through court procedures, the submission of information collected by the Inspector during the investigation of the accident.

  Remarks / comments: The Safety and Health at Work (Accidents and Dangerous Occurrences Notification) Regulations of 2007 (P.I. 531/2007) came into effect on the 7 December 2007and substituted the previous Accidents and Occupational Diseases (Notification) Law, Section 176.

  • The Safety and Health at Work (Accidents and Dangerous Occurrences Notification) Regulations of 2007 (P.I. 531/2007) 20071207 (Art.2, Art.4)

  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2015
  

• 10.1.2 Near miss incidents

  Summary / Citation: A dangerous occurrence or near miss incident should be notified by the person who has the control of the place of work or the person who directs or conducts activities in this area. These occurrences include the collapse or overturning of lifting machinery (e.g. crane, lift, hoist) or any other load-bearing equipment, such as an excavator or a drilling machinery, the collapse of a scaffolding, a building or a structure, any fall of ground, explosion or bursting of a pressure vessel (e.g. steam boiler, steam receiver, air receiver), electrical short circuit followed by fire, contact with overhead electric lines, leakage of flammable or other dangerous substances, release of biological agents, and fire or explosion.

  Remarks / comments: The Safety and Health at Work (Accidents and Dangerous Occurrences Notification) Regulations of 2007 (P.I. 531/2007), which came into effect on 7 December 2007, have substituted the previous Accidents and Occupational Diseases (Notification) Law, Section 176.

  • The Safety and Health at Work (Accidents and Dangerous Occurrences Notification) Regulations of 2007 (P.I. 531/2007) 20071207 (Art.2, Art.5)

• 10.1.3 Occupational diseases

  Summary / Citation: Every employer shall keep an archive containing the details of every case where an employee has been infected, or believes that has been infected, by a work-related disease.

  • The Safety and Health at Work (Occupational Diseases Notification) Regulations of 2007 (P.I.530/2007) 20071207 (Art.5)

  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2015
  

10.2 Employers’ duty to notify OSH authorities of work related death and/or injuries to health

11.1 Appointment of OSH inspectors

11.2 OSH inspectors’ powers

• 11.2.1 Power to enter workplaces

  Summary / Citation: An Inspector or a Chief Inspector has the right at any reasonable time and without prior notice to enter any premises (excluding domestic premises) which he or she has reason to believe it is necessary for him or her to enter or, in a situation which in his or her opinion may cause an imminent risk of severe personal bodily harm or damage to the environment.
  Special provisions apply to domestic premises: An Inspector or a Chief inspector may enter such premises only if the owner of the premises has given his or her prior consent. In cases where the owner has not given his or her consent, an Inspector or a Chief Inspector may enter the domestic premises only if the Court has granted an order allowing him to enter the property.

  Remarks / comments: The Law does not define what "at any reasonable time" means.

  • Law No. 33(I) of 2011 concerning Occupational Safety and Health (Amendment) (Art.44(1)(a - c), Art.44(1)(g))

  • The Control of Working and Resting Times of Drivers of Certain Vehicles Law of 2007 (Law 86(I)/2007) 20070713 (Art.14)

  • The Genetically Modified Microorganisms (Contained Use) Law of 2004 (Law 15(I)/2004) 20040220 (Art.19)

  • The Protection from Ionising Radiation Law of 2002 (Law 115(I)/2002) 20020712 (Art.29(1))

  • The Control of Atmospheric Pollution Law of 2002 (N.187(I)/2002) 20021101 (Art.25(1)(a)-(b))

  Related CEACR Comments
  • Labour Inspection Convention, 1947 (No. 81) Observation 2011
  • Labour Inspection Convention, 1947 (No. 81) Direct Request 2019
  

• 11.2.2 Power to inspect and carry out any examination, test or enquiry

  Summary / Citation: Inspectors or a Chief Inspector (along with police officers or other officials) have the power to carry out any examination, test or enquiry considered necessary to ensure that the OSH legislation is enforced. They also may:
  a) examine and/or make a copy of any document, book or record which is required for the purposes of inspection or examination;
  b) request from any person more information about the enforcement of OSH legislation at the premises being inspected;
  c) request from any person working on the premises under inspection to help him by any reasonably available means for the purposes of examination, test, measurement, check or inspection - in particular, to ensure safe access to any part of the premises;
  d) take and record any sample, measurement or photograph;
  e) give guidelines in order to ensure that the premises, or anything in it, are left undisturbed for as long as is reasonably necessary for the purpose of examination, test, measurement or check;
  f) request to dismantle, examine or process any object or substance which he has reason to believe has caused or may cause a danger;
  g) request the seizure or retention of any object or substance for a period which is considered to be reasonable and necessary for the purposes of examination.

  • Law No. 33(I) of 2011 concerning Occupational Safety and Health (Amendment) (Art.44(1)(b)-(l))

  • The Control of Working and Resting Times of Drivers of Certain Vehicles Law of 2007 (Law 86(I)/2007) 20070713 (Art.14)

  • The Genetically Modified Microorganisms (Contained Use) Law of 2004 (Law 15(I)/2004) 20040220 (Art.19)

  • The Protection from Ionising Radiation Law of 2002 (Law 115(I)/2002) 20020712 (Art.29(2), Art.29(4))

  • The Control of Atmospheric Pollution Law of 2002 (N.187(I)/2002) 20021101 (Art.25(1)(c)-(l), Art.25(2)-(3))

  Related CEACR Comments
  • Labour Inspection Convention, 1947 (No. 81) Observation 2011
  • Labour Inspection Convention, 1947 (No. 81) Direct Request 2019
  

• 11.2.3 Power to investigate

  Summary / Citation: Inspectors or Chief Inspectors (along with police officers or other officials) have the power to conduct investigations considered necessary to ensure that the OSH legislation is enforced. They may also:
  a) examine and/or make a copy of any document, book or record which is required for the purposes of inspection or examination;
  b) request from any person more information about the enforcement of OSH legislation on the premises which are being inspected;
  c) request assistance from any person working on the premises being inspected in particular, ensuring safe access to any part of the premises by any reasonably available means for the purposes of investigation;
  d) take and record any sample, measurement or photograph;
  e) give guidelines in order to ensure that the premises, or anything on it, are left undisturbed for as long as is reasonably necessary for the purpose of investigation; and
  f) investigate any accident, occupational disease or hazardous incident at the workplace which is related to the OSH legislation.

  • Law No. 33(I) of 2011 concerning Occupational Safety and Health (Amendment) (Art.44(1)(b)-(m))

  • The Control of Working and Resting Times of Drivers of Certain Vehicles Law of 2007 (Law 86(I)/2007) 20070713 (Art.14)

  • The Genetically Modified Microorganisms (Contained Use) Law of 2004 (Law 15(I)/2004) 20040220 (Art.19)

  • The Protection from Ionising Radiation Law of 2002 (Law 115(I)/2002) 20020712 (Art.29(2)-(4))

  • The Control of Atmospheric Pollution Law of 2002 (N.187(I)/2002) 20021101 (Art.25(1)(g)-(h), Art.25(2))

• 11.2.4 Duty to provide advice on OSH

  Summary / Citation: Advice to workers and to employee representatives is understood by the Safety and Health at Work Law 89(I) of 1996 as amended as the possibility for Inspectors to provide information to employees in general or affected persons in particular. Relevant information covers activities taking place in the premises and any event that may have an impact on the safety and health of employees.

  • Law No. 33(I) of 2011 concerning Occupational Safety and Health (Amendment) (Art.51(2))

  Related CEACR Comments
  • Labour Inspection Convention, 1947 (No. 81) Observation 2011
  • Labour Inspection Convention, 1947 (No. 81) Direct Request 2019
  

11.3 OSH inspectors’ enforcement powers

• 11.3.1 Power to issue orders or notices

  Summary / Citation: Inspectors or Chief Inspectors have the power to issue notices when it is required. They may also issue:
  a) an ‘Improvement Notice’ requesting employers to change working conditions within a specific period of time (not less than 14 days) and comply with the OSH legislation;
  b) a ‘Prohibition Notice’ (directly applicable) directing that the use of premises, installations or workplace or any activity which causes or may cause a risk of serious bodily harm cannot be carried out unless the matters giving rise to the inspector’s opinion have been remedied.

  • Law No. 33(I) of 2011 concerning Occupational Safety and Health (Amendment) (Art.45, Art.46)

  • The Genetically Modified Microorganisms (Contained Use) Law of 2004 (Law 15(I)/2004) 20040220 (Art.20, Art.21)

  • The Protection from Ionising Radiation Law of 2002 (Law 115(I)/2002) 20020712 (Art.31, Art.32)

  Related CEACR Comments
  • Labour Inspection Convention, 1947 (No. 81) Observation 2011
  • Labour Inspection Convention, 1947 (No. 81) Direct Request 2019
  

• 11.3.2 Power to impose financial penalties

  No data available.
  

• 11.3.3 Power to revoke or suspend licenses or authorisations

  No data available.
  

  Related CEACR Comments
  • Labour Inspection Convention, 1947 (No. 81) Observation 2011
  • Labour Inspection Convention, 1947 (No. 81) Direct Request 2019
  

• 11.3.4 Power to require the cessation of dangerous work

  No data available.
  

  Related CEACR Comments
  • Labour Inspection Convention, 1947 (No. 81) Observation 2011
  • Labour Inspection Convention, 1947 (No. 81) Direct Request 2019
  

• 11.3.5 Power to initiate prosecutions

  Summary / Citation: Inspectors have the right to initiate enforcement action. If the Court is satisfied that the Inspector’s complaints have a legitimate basis, it shall order complete or partial prohibition of use of premises or subject the employer to an obligation to take appropriate measures in order to eliminate relevant risks. Cypriot law provides for two sets of legitimate grounds that invoked by the Inspector, namely the impossibility of risk-less use of the premises or the risk involved in the tasks taking place at the workplace.

  • Act No. 89(I) of 1 November 1996 on occupational safety and health. (Art.52(1)(a)-(b))

• 11.3.6 Power to conduct prosecutions

  No data available.
  

• 11.3.7 Other enforcement powers

  No data available.
  

11.4 Application of sanctions by courts

• 11.4.1 Financial penalties for legal persons

  Summary / Citation: A fine not exceeding:
  a) €80,000 in cases where the legal person is convicted;
  b) €2,000 in cases where the legal person failed to comply with the Court Order, which demanded the person to comply with the OSH legislation within a specified period of time – legal entities are liable for offences which are provided by the OSH legislation.
  Special provisions apply to the control of atmospheric pollution for conviction and for non-compliance with the Court Order (a maximum limit of 2000 Cypriot Pounds is applied in both cases); the Protection from Ionising Radiation and Nuclear Safety (for conviction 20000 Cypriot Pound (max.) and for non-compliance with the Court Order 500 Cypriot Pounds (max.)); the Genetically Modified Microorganisms (Contained Use) for conviction 20000 Cypriot Pounds (max.) and for non-compliance with the Court Order 500 Cypriot Pounds (max.)

  Remarks / comments: Not in all Regulations, Laws/Acts, Decree or Orders there is a change in the currency from Cypriot pounds to Euros. However, the application of the new currency is given automatically when necessary by the competent authorities.

  • Law No. 33(I) of 2011 concerning Occupational Safety and Health (Amendment) (Art.53(1)-(6))

  • The Control of Working and Resting Times of Drivers of Certain Vehicles Law of 2007 (Law 86(I)/2007) 20070713 (Art.17)

  • The Genetically Modified Microorganisms (Contained Use) Law of 2004 (Law 15(I)/2004) 20040220 (ART.28(1), Art.28(4)(b))

  • The Protection from Ionising Radiation Law of 2002 (Law 115(I)/2002) 20020712 (Art.41)

  • The Control of Atmospheric Pollution Law of 2002 (N.187(I)/2002) 20021101 (Art.27(5), Art.28(2))

  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2015
  

• 11.4.2 Financial penalties for natural persons

  Summary / Citation: A fine not exceeding:
  a) €80,000 in cases where the natural person is convicted;
  b) €2,000 in cases where the natural person failed to comply with the Court Order, which demanded the person to comply with the OSH legislation within a specified period of time.
  Special provisions apply to the control of atmospheric pollution (maximum 2000 Cypriot Pounds); the Protection from Ionising Radiation and Nuclear Safety (for conviction 20000 Cypriot Pounds (max.) and for non-compliance with the Court Order 500 Cypriot Pounds (max.)); the Genetically Modified Microorganisms (Contained Use) for conviction 20000 Cypriot Pounds (max.) and for non-compliance with the Court Order 500 Cypriot Pounds (max.); the Control of Working and Resting Times of Drivers of Certain Vehicles.

  Remarks / comments: Not in all Regulations, Laws/Acts, Decree or Orders there is a change in the currency from Cypriot pounds to Euros. However, the application of the new currency is given automatically when necessary by the competent authorities.

  • Law No. 33(I) of 2011 concerning Occupational Safety and Health (Amendment) (Art.53)

  • The Control of Working and Resting Times of Drivers of Certain Vehicles Law of 2007 (Law 86(I)/2007) 20070713 (Art.17)

  • The Genetically Modified Microorganisms (Contained Use) Law of 2004 (Law 15(I)/2004) 20040220 (Art.28)

  • The Protection from Ionising Radiation Law of 2002 (Law 115(I)/2002) 20020712 (Art.41)

  • The Control of Atmospheric Pollution Law of 2002 (N.187(I)/2002) 20021101 (Art.27(5), Art.28(2))

  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2015
  

• 11.4.3 Non-financial sanctions

  Summary / Citation: In case of conviction of any person for an offence, the Court may order the immediate termination or suspension of the operation of the enterprise.

  • The Control of Atmospheric Pollution Law of 2002 (N.187(I)/2002) 20021101 (Art.28(1))

  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2015
  

• 11.4.4 Criminal liability

  Summary / Citation: Any person may be prosecuted for: a) manslaughter under the Criminal Code in case where this person has caused by a serious negligence the death of another person; b) negligent act that cause injury.

  • The Control of Atmospheric Pollution Law of 2002 (N.187(I)/2002) 20021101 (Art.31)

  • Criminal Code. (Art.210, Art.237)

  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2015
  

• 11.4.5 Terms of imprisonment for natural persons

  Summary / Citation: Imprisonment for a term not exceeding:
  a) 4 years in cases where the natural person is convicted;
  b) 1 month in cases where the natural person failed to comply with the Court Order, which demanded the person to comply with the OSH legislation within a specified period of time.
  Special provisions apply to:
  (a) the control of atmospheric pollution maximum 2 years for conviction– maximum 1 month for non-compliance with Court Order);
  (b) the Protection from Ionising Radiation and Nuclear Safety Laws of 2002 to 2011 (maximum 2 years for conviction– maximum 1 month for non-compliance with Court Order);
  (c) the Genetically Modified Microorganisms (Contained Use) (maximum 2 years for conviction – maximum 1 month for non-compliance with Court Order);
  (d) the Control of Working and Resting Times of Drivers of Certain Vehicles

  • Law No. 33(I) of 2011 concerning Occupational Safety and Health (Amendment) (Art.53(1)-(6))

  • The Control of Working and Resting Times of Drivers of Certain Vehicles Law of 2007 (Law 86(I)/2007) 20070713 (Art.17)

  • The Genetically Modified Microorganisms (Contained Use) Law of 2004 (Law 15(I)/2004) 20040220 (Art.28(1), Art.28(4)(b))

  • The Protection from Ionising Radiation Law of 2002 (Law 115(I)/2002) 20020712 (Art.41(1), Art.41(4))

  • The Control of Atmospheric Pollution Law of 2002 (N.187(I)/2002) 20021101 (Art.27(5), Art.28(2))

  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2015