PROTECTION OF EMPLOYEES: BASIC OBLIGATIONS OF THE EMPLOYER

Ensuring the safety and health of employees is not only a moral duty but also a clear legal obligation of the employer.

Εnsuring the safety and health of employees is not only a moral duty but also a clear legal obligation of the employer. Cypriot legislation, fully harmonised with the European acquis, establishes specific measures, obligations and procedures that must be implemented in every workplace without exception.

Compliance with this legislative framework:

Protects the health and safety of employees,
Reduces the risk of occupational accidents and occupational diseases,
Safeguards the employer against civil and criminal liability.

It is noted that, beyond the general framework, special regulations apply to specific professional sectors.

Below follows a concise and structured presentation of the basic legislative instruments and the principal obligations of employers.

The Safety and Health at Work Law (Law 89(I)/1996)

General obligations of the employer (Section 13)

The employer is obliged to:

Ensure the safety, health and welfare of employees (s.13(1)).
Provide and maintain safe workplaces and safe systems of work (s.13(2)(a)).
Ensure safe use, handling, storage and transport of machinery, equipment and substances (s.13(2)(b)).
Provide adequate information, instructions, training and supervision (s.13(2)(c)).
Maintain workplaces and access/exit routes in a safe condition (s.13(2)(d)).
Provide an appropriate, hygienic and clean working environment (s.13(2)(e)).
Take technical and organisational measures to prevent occupational risks (s.13(2)(f)).
Apply general principles of prevention through identification, assessment and reduction of risks (s.13(3)).
Ensure equipment is suitable, properly maintained and safe before and during use (s.13(4)).
Protect third persons from risks arising from business activities (s.13(5)).
Not transfer the cost of safety measures to employees (s.13(7)).
Protect pregnant, breastfeeding and generally vulnerable employees (s.13(8)).
Consult employees on safety matters and prior to the introduction of new technologies (s.13(10) & 13(14)).
Assign duties according to employees’ abilities and training (s.13(13)).
Coordinate with other employers operating at the same workplace (s.13(17)).

Other employer obligations:

Ensure that activities do not expose any person to risk, including where the employer is self-employed (Section 14).
Inform, train and supervise employees (Section 15).
Ensure safe workplaces, installations and access routes (Section 16).
Cooperate with the Labour Inspection Department and facilitate inspections (Section 17).
Provide documents and information to competent authorities (Section 18).
Maintain occupational safety and health records (Section 19).
Inform employees of risks and protective measures (Section 20).
Prepare, maintain and review a Written Risk Assessment (Section 21).

Minimum workplace requirements:

Cleanliness and avoidance of health hazards. (Section 19).
Avoidance of overcrowding and proper organisation of work. (Section 20).
Adequate temperature and ventilation. (Section 21).
Sufficient lighting. (Section 22).
Provision of clean drinking water. (Section 25).
First aid equipment. (Section 28).
Suitable rest areas. (Section 29).

Accessibility for disadvantaged persons where required. (Section 30).
Safe escape routes and emergency exits. (Section 31).
Compliance with relevant Regulations and Codes of Practice. (Section 40).

Employer’s Liability (Compulsory Insurance) Law (Law 174/1989)

The employer is obliged to:

Maintain compulsory insurance for workplace accidents for employees working in Cyprus and abroad. (Section 4(1)).
Cover occupational diseases. (Section 5(1)).
Avoid unacceptable exclusion clauses against employees. (Section 7(1)).
Display the insurance certificate in a visible place. (Section 15(1)).
Comply with the law, failure of which constitutes a criminal offence punishable by imprisonment and/or a fine. (Section 12-13).

The Social Insurance Law (Law 59(I)/2010)

A workplace accident is presumed to be occupational if it occurs during employment unless proven otherwise.
The employer must cooperate in reporting and substantiating the accident to the Social Insurance Services.

Regulations on the Notification of Accidents and Dangerous Occurrences (2007)

The employer must immediately notify the District Labour Inspection Office in the event of:

death of an employee, or
incapacity for work exceeding three days.
Written notification must be submitted within fifteen (15) days using the official form.

Similar obligations apply to self-employed persons and to accidents involving third parties.

Notification of Dangerous Incidents
• Immediate notification to the District Office and submission of written notice within 15 days.

Subsequent Fatal Outcome
• If death occurs within one year of the accident, immediate written notification is required.

Preservation of the Accident Scene
• Alteration of the accident scene is prohibited until it has been inspected or 24 hours have passed since notification.

Record Keeping
• The employer must maintain a register of notifiable accidents and incidents.

Employee Obligations
• Employees must provide information necessary for completing forms and for investigations carried out by Inspectors.

Proper compliance with occupational safety and health legislation is not merely an obligation, but a critical investment in protecting staff and ensuring business stability. Correct implementation of safety measures significantly reduces the risk of accidents and helps employers avoid serious civil and criminal consequences.

Marinos Shambartas LLC stands alongside employers and employees, providing specialized legal guidance and practical support on matters of workplace accidents and employer liability. With experience and consistency, we ensure that every business operates safely, lawfully, and with full protection.

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PROTECTION OF EMPLOYEES: BASIC OBLIGATIONS OF THE EMPLOYER

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