Within the framework of its competence, the Labour Inspection Department of the Ministry of Labour, Welfare and Social Insurance promoted the criminal prosecution of employers who violated the provisions of the legislation concerning occupational safety and health issues. As a result of these prosecutions, the Larnaca District Court sentenced in 2021 the following persons. Την εταιρεία «STP METALLTD" active in the scrap metal processing sector, to a total fine of €7.300, for the following infringements of the Minimum Safety and Health Standards (Use of Work Equipment at Work) Regulations, the Management of Safety and Health at Work Regulations and the Essential Requirements (Machinery) Regulations, which caused serious injury to one of its employees and endangered its employees and other persons:
(a) Failure to provide the metal cutting machine, whose moving parts presented mechanical contact hazards that could cause accidents, with guards or systems that prevented access to the hazardous areas or stopped the movements of the hazardous parts before accessing the hazardous areas, as a result, while an employee was using the metal cutting machine, the moving clamping arm of the machine fell on his right hand, trapping it under the clamping arm and causing him to suffer a fracture of the end of his right hand.
(b) Failure to equip the metal cutting machine whose moving parts presented mechanical contact hazards that could cause accidents with guards or systems to prevent access to the danger zones or to stop the movement of dangerous parts before access to the danger zones.
(c) Failure to revise the Written Risk Assessment available to it, dated March 2014, to include the risks to the safety and health of its employees from the use of the metal cutting machine that it purchased in 2017, to determine the preventive and protective measures to address the risks, to identify and assess the risks in a timely manner, and to take the necessary preventive measures.
[D] Failure to procure and use a metal cutting machine that was CE marked and had the required EC Declaration of Conformity that was required to accompany the machine.
2. The company "MITAKORIALA & CHRISTOFIIMPORTSLTD" operating in the food retail sector, to a total fine of €1000, for the infringements set out below, the Management of Occupational Safety and Health Regulations and the Occupational Safety and Health Acts, which endangered its employees and other persons:
(a) Failure to make available the written assessment of the risks to the safety and health of its employees and other persons based on which the preventive and protective measures to address the risks were determined, to identify and assess the risks in a timely manner and to take the necessary preventive measures.
(b) Failure of an employer to comply with an Improvement Notice issued and served by an Inspector to remove violations.
3. The company "A. GIALLOUROS & SONS CONSTRUCTION LTD", operating in the construction sector, to a total fine of €38.000, for the following violations of the Occupational Safety and Health (Minimum Standards for Temporary or Mobile Workplaces) Regulations, which caused the fatal injury of one of its employees and endangered its employees and other persons at work:
(a) Failure to (a) install a suitable cover, fastened and of sufficient strength to effectively enclose an opening in the floor between balconies on the third floor of a building and/or (b) install solid handrails to effectively enclose an opening in the floor between balconies on the third floor of a building, of sufficient height, at least 1.10 metres from the floor, fitted with a parapet, a handrail and a horizontal element, or use other equivalent means, to prevent persons from falling, resulting in its employee falling from a height of approximately 9 metres and being fatally injured.
(b) Failure to install a 30mA high sensitivity automatic leakage circuit breaker (Residual Current Device) in the electrical supply circuit for portable electrical appliances and work equipment powered by electricity.
[C] Failure to provide scaffolding with suitable stairways of adequate dimensions or other equivalent means for safe access to work platforms.
(d) Failure to install solid handrails at floor ends of floor exits (balconies) of floors, of sufficient height, at least 1.10 meters from the floor, with a screen to prevent persons from falling from a height of approximately 3 to 12 meters.
[E](e) Failure to take steps to ensure that the Safety and Health Plan (SHP) together with the Written Risk Assessments (WRA) are available on site.
(f) Failure to take steps to have the scaffolding inspected by a competent person and an inspection report prepared (a) before the scaffolding is put into use and (b) at regular intervals not exceeding seven calendar days.
(g) Failure to place or post a sign with the names and contact information of the Design and Execution Coordinators in a prominent place on the site prior to and throughout the execution of the work.
(h) Failure to transmit, 14 days prior to the commencement of the work, the Advance Site Notice together with the necessary accompanying documents to the appropriate District Labour Inspection Office.
(i) Failure to ensure that the Safety and Health Plan (SHP) was updated in time to include the working method and technical measures required, based on the risk assessment, to carry out work at height such as plastering of the masonry of the floors of the block of flats.
4. The company "YIALLOUROS & MICHAEL LAND DEVELOPERS LTD", operating in the construction sector, to a total fine of €2800, for the following breaches, of the Occupational Safety and Health (Minimum Standards for Temporary or Mobile Worksites) Regulations, which endangered persons at work:
(a) Failure to place or post a sign with the names and contact details of the Design and Execution Coordinators in a prominent place on the site before and throughout the execution of the works.
Failure to transmit, 14 days prior to the commencement of the works, the Advance Site Notification together with the necessary supporting documents to the relevant Provincial Labour Inspectorate.
[C] Failure to ensure that the Health and Safety Plan prepared was adequate and appropriate and included, inter alia, measures to address the risks associated with work at height.
[D] [E] Failure to ensure that the Health and Safety Plan prepared was adequate and appropriate and included, inter alia, measures to address the risks associated with work at height. [F] Failure to ensure that the Health and Safety Plan prepared was adequate and appropriate and included, inter alia, measures to address the risks associated with work at height.R/C
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