The Labour Inspection Department of the Ministry of Labour and Social Insurance promoted the criminal prosecution of the company "MARIOS & MICHAELIS PAYLOU ENTERPRISE LTD" for violating the provisions of the Legislation on Occupational Safety and Health.
The Attorney General of the Republic, on the recommendation of the Public Prosecutor, registered an appeal in relation to the sentence imposed by the court of first instance as he agreed that it was manifestly inadequate. The trial court, i.e. the Nicosia District Court, had sentenced on 5.10.2021 the company "MARIOS & MICHAEL PAVLOU CONSTRUCTION COMPANY LTD" which operates, among others, in the construction sector, was fined €750 for violations of the Occupational Safety and Health (Minimum Standards for Temporary or Mobile Worksites) Regulations which endangered its employees as well as other persons.
The Supreme Court on 25.01.2023 issued a decision in Appeal 183/21 where it agreed that the penalties imposed were indeed manifestly inadequate and increased them from €150.00 to €1,500.00 for each category with a total fine of €7,500, for the following infringements.
(a) Failure to ensure that work is carried out at height by means of suitable equipment or collective protection mechanisms such as the use of suitable scaffolding, handrails, work platforms or safety nets, or by providing suitable means of access and the use of fittings or other safety devices with anchorage to prevent persons from falling.
(b) Failure to (a) install suitable working platforms on scaffolds that are of the dimensions prescribed, (b) install suitable handrails and screens of sufficient height and strength on scaffold working platforms throughout the length of the scaffolds, and (c) ensure the stability of the scaffolds.
(c) Failure to install solid handrails at all floor edges and openings of sufficient height, at least 1.10 meters from the floor, that have a parapet or other barrier at floor level at least 0.15 meters high, a handrail and a horizontal element such that the distance between the parapet or other barrier and the handrail or other horizontal element does not exceed 0,45 metres or use other equivalent means to prevent persons performing work at height (on the floors) from falling.
(d) Failure to use a suitable portable ladder whose notches are placed within the uprights and to position it in such a manner as to prevent its sliding or unintentional movement by securing it properly to its upper support part as well as to its base.
(e) Failure to install conspicuous and conspicuous signage and fencing of sufficient strength and height, at least 1.80 metres, unless it is documented on the basis of a written risk assessment that due to the nature of the work, location and conditions of work a lesser height of fencing, satisfactory and sufficient for the purposes of compliance with the relevant provisions of the legislation, in the surrounding area and on the perimeter of the site so as not to effectively isolate the site area and not to prevent or impede the intentional or unintentional entry into the site of persons who do not have employment, permission to enter or authority to enter the site
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