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concerned. Moreover, enterprises whose employees are exposed to carcinogenic
factors, lead or asbestos may have to employ an occupational physician even for just
one employee.
103. The Government also claims that the DEH has set up an internal prevention
and protection department, the ESYPP, with 35 occupational physicians, 100 full and
part-time safety technicians and 55 auxiliary nursing staff employed across the
country. In particular, seven occupational physicians are employed in the Western
Macedonia and Megalopolis energy centres for around 7000 employees.
104. The Government acknowledges that there are gaps in the mines and quarries
inspection services, owing to staff shortages. However, it maintains that the agencies
concerned are very active in the field. Moreover, as part of a current study on the
reorganisation of all agencies of the Ministry of Development, care will be taken to
ensure that the mines inspectorates have sufficient staff, material and technical
equipment to function properly. Finally, the Government points out that the SEPE is
not competent for the mines inspection and henceforth that referring to SEPE is
irrelevant in the context of the present complaint.
105. The Government notes that the number of occupational accidents reported to
the IKA and the SEPE since 1977 has been in continuous decline. Regarding fatal
accidents, particularly their increase in 2001, the Government states that nearly 30%
were the result of road accidents or pathological factors, that major building projects
were under way at the time, particularly in preparation for the 2004 Olympics, and
that there are many foreign workers in Greece, who face problems such as language
difficulties, lack of education and limited work experience. It maintains that the period
2001-2004 saw a decline in the number of fatal accidents.
106. The Government argues that the use of contractors has had no effect on
health and safety at work. Firstly, the relevant legal obligations are clearly stated in
the contracts with the firms concerned and secondly the legislation continues to
apply while contracts are being executed and if necessary the labour inspectorate
collaborates with the relevant departments of the DEH, which may also where
appropriate ask the mines inspectorate to carry out visits.
107. The Government maintains that the level of penalties, whichever body orders
them, is always determined in accordance with the proportionality principle, which is
enshrined in the Constitution, and that the Labour Inspection Act, No. 2639/1998,
grants a right of appeal to the courts against fines imposed by the SEPE. Without
specifying which inspectorate it is talking about, the Government supplies figures on
action taken on breaches of the regulations identified between 1999 and 2004, which
show a rising trend in the number of measures taken, suspensions of activities and
fines imposed.
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