Protection & Prevention of Risks at Work – Consulting Services

Every person, physical or legal, who wishes to gain approval by the Chief Inspector as an “approved service” in order to perform activities concerning protection and prevention of risks at work, must satisfy the Director of the Department of Labour Inspection that the following criteria are fulfilled:

• Has very good knowledge of the Cyprus and European legislation and policy on safety and health at work;
• Possesses academic and/or special education / training and proven professional experience on issues of safety and health at work, as these are prescribed in the attached table (see New Minimum Required Qualifications in related documents).

The application for approval of a person to provide services on protection and prevention of risks at work, can be submitted either electronically through the PSC Cyprus or by contacting directly the competent authority:

Director,Department of Labour Inspection
CY-1493, Nicosia, Cyprus
Tel.:+357 22405623
Fax:+357 22663788
E-mail: info@dli.mlsi.gov.cy
Website: http://www.mlsi.gov.cy/dli

1. The application should be accompanied by the following documents:

   • Copy of Academic Education (Degree, Diploma, etc.);
   • Copy of Training on Occupational Safety and Health (according to the attached document);
   • It is noted that the duration of relevant training programmes and seminars is based upon the academic and / or Special Education of the applicant on Occupational Safety and Health. (see above mentioned document in Applications & Documents);
   • Copy of Certificates from previous employers, recommendation letters and personal work sample attesting professional experience on issues of safety and health at work;
   • Copy of Curriculum Vitae (CV);
   • Copy of the relevant certificate of the appropriate authority of other EU member state, in the case of the provision of services on protection and prevention of risks at work in another European member state;
   • Proof of very good knowledge of the Cyprus and European legislation and policy that regulates safety and health issues at work by successfully sitting for a written exam organized by the Department of Labour Inspection twice a year;
   • Copy of a recent sample of work carried out regarding safety and health at work issues (for example, participation in the preparation of a Written Risk Assessment for a business, participation in the preparation of a Safety and Health Plan for temporary or mobile construction sites, etc.);
   • Starting on 1.1.2015, payment of prescribed fees for the assessment of the application (€150).

The fee for applying for participating in the examination is €80.

The application for the registration fee is €150.

The annual licence fee for practising the profession is  €170 and can be paid through JCCsmart.

Administrative Action Against a Competent Authority’s Decision

Any person may file an Administrative Action at the Administrative court against a decision, act or omission of any competent authority or body.
Pursuant to Article 146 of the Constitution, an Administrative Action may be lodged within 75 days from the date of the decision or act or omission or from the day when such decision or act or omission was notified to the applicant.

The Administrative Court acts as a cassation Court and not as a substantive Court. In other words, the Administrative Court may:
I. Dismiss the Administrative Action
II. Annul wholly or partially the contested decision or act
III. Compel the relevant authority or body to take a certain action

After a decision is annulled, the authority and/or public body must reverse things back to the state prior to when the concerned decision and/or act was executed and reexamine.

Appeal Information

An Appeal may be filed against the Administrative Court’s first-instance decision within a period of 42 days from the date such a decision was given.

At the Supreme Court (Court of Appeal Section) hearing, the contested issue of the appeal remains the legality of the decision or act already adjudicated. However, such a revision of the legality of the decision or act is solely examined on the matters and the extent that the two parties have limited the reasons in the relevant notice of appeal.

The decision adopted by the Supreme Court is considered final in relation to the matter that has been judged.

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

Approved Persons for the provision of protection and prevention of risks services are obliged to comply with the relevant Laws concerning Health and Safety at Work, as periodically amended, and specifically with the following:

• Record keeping, such as tests, measures, researches, recommendations etc. for each premise, enterprise or establishment of employer or self- employed person to whom the approved person has undertaken to provide services;
• Submission to the Chief Inspector of the Annual Report of Activities by the end of the first two months of every new year;
• Safeguarding the business confidentiality concerning both the approved person and the employer or self-employed person to whom the services of the approved person are provided or have been assigned;
• Cooperation with the employer or the assigned, by the employer, employees for matters of protection and prevention of risks as well as with the representatives of the employees and employers to whom the services are provided.

At the same time, based on the Code of Professional Ethics, Approved Persons are committed to:

• Devote themselves to the work they undertake which they are obligated to perform to the maximum attainable degree and according to the moral principles respecting the human dignity;
• Exert every possible effort to provide high quality services;
• Implement the legislation related to the protection and prevention of occupational risks into their own working environment;
• Be sincere, objective, selfless and reliable when they are asked to express their professional opinion or advice for issues of protection and prevention of occupational risks;
• Take all necessary measures to obtain, maintain and develop their professional competency, following up the progress in the sector of safety and health at work and to ensure that their employees do the same;
• Not undertake activities for protection and prevention of occupational risks, which they are not competent to carry out with full adequacy and capability. Recognize the limitation of their capabilities and avoid undertaking activities for which they are not experienced and qualified;
• Accept their professional responsibility relating to activities and take all necessary measures in order to ensure that the persons, who work under their supervision or collaborate with, are capable to carry out the assigned duties;
• Inform in writing the employer, with whom they agreed to provide services for protection and prevention of occupational risks, when they believe that their professional advice is not yet implemented by him, and also about the likely adverse consequences as a result of not implementing their advice;
• Ensure that the information they process for all physical persons namely the employer and the staff of the enterprise with which they have agreed to provide services on protection and prevention, are treated and processed according to the provisions of the Processing of Personal Data (Protection of Individuals) Law of 2001 as amended;
• Not damage, mischievously or try to damage the professional reputation, prospect, or the work of the other Approved Persons who provide such services for Protection and Prevention of Risks;
• Collaborate with the competent services of the Department of Labour Inspection.