Observation (CEACR) - adopted 2016, published 106th ILC session (2017)

Occupational Safety and Health Convention, 1981 (No. 155) - Türkiye (Ratification: 2005)

The Committee notes the observations of the Confederation of Public Employees’ Trade Unions (KESK) and the Turkish Confederation of Employers’ Associations (TİSK) communicated with the Government’s report. The Committee also notes the Government’s replies to the observations of KESK received on 7 September 2015, to the observations of the International Trade Union Confederation (ITUC) received on 14 September 2015, and to the observations of the International Organisation of Employers (IOE) received on 28 August 2015.

Articles 1 and 2 of the Convention. Scope of application. Exclusions. With reference to its previous comment concerning the exclusion of certain categories of workers from the application of the Occupational Safety and Health Act No. 6331 of 2012 (the OSH Act), the Committee notes the Government’s indication that specific OSH provisions apply to the workers excluded, including: (a) sections 57 and 58 of the Turkish Armed Forces Domestic Service Law No. 211 of 1961, for military and law enforcement activities; (b) the Social Insurance and Universal Health Insurance Law No. 5510 for self-employed workers; (c) section 417 of the Law on Obligations No. 6898 for domestic workers; (d) several guidelines and regulations of the Ministry of Justice ensure health and safety for inmates, and section 4(1) of the Social Insurance and Universal Health Insurance Law No. 5510 is also applicable to prisoners. In reply to the Committee’s request on the exclusion of specific branches of economic activity, the Government indicates that: (a) the Regulation on Health and Safety in the Use of Work Equipment (No. 28628 of 2013) applies to transportation vehicles used outside the workplace or inside transportation vehicles at the workplace; (b) the Regulation on OSH in Construction (No. 28786 of 2013) applies to construction or other temporary or mobile fields of work; (c) the Regulation on OSH in Mining Workplaces (No. 28770 of 2013) applies to mining; (d) the Regulation regarding Health and Safety Measures in Work Performed on Fishing Vessels (No. 28741 of 2013) applies to fishing vessels; and (e) Regulation No. 28710 on safety and health measures to be taken at the workplace building and its annexed facilities (No. 28710 of 2013) also applies to agricultural or forestry workplaces. The Committee also notes that KESK alleges a high rate of irregular employment in the country and an increase in the use of subcontracting in both the private and public sectors, and it raises concerns with regard to the application of the OSH Act to public sector workers, which has been delayed. The Committee requests the Government to provide its comments in this respect and to provide also further information on the measures taken to ensure the application in practice of the Convention to all workers.

Article 4(2). Prevention of occupational accidents and injury to health as the aim of the national policy. In reply to its previous comments concerning the ineffectiveness of the measures adopted under the national policy framework for reducing occupational accidents and improving the identification of occupational diseases, the Committee notes the Government’s indications that objective 2 of the National Policy Document III (2014–18) aims to develop occupational accident and disease statistics and a recording system. The Committee also notes that KESK calls on the Government to widen the definition of occupational disease and to adopt measures to prevent occupational diseases, particularly for public workers. In this regard, the Government indicates that in 2016 the National OSH Council convened a meeting with the participation of the social partners and specialist personnel from relevant institutions to assess and discuss the situation of radiology technicians in hospitals. The Committee further notes the observations of KESK that protective services are being neglected, that risk analyses are not being adequately carried out and that the number of occupational accidents is increasing. The Government indicates that the number of accidents has decreased since 1961, although the level of accidents is still too high and work is being carried out by the Directorate-General of OSH to achieve progress in this regard. The Committee requests the Government to provide detailed information on the progress made in the implementation of National Policy Document III with a view to preventing occupational accidents and diseases.

Article 5(e). Protection of workers and their representatives. With reference to its previous comment concerning the protection of workers and their representatives from disciplinary measures as a result of actions properly taken in conformity with the OSH policy, the Committee notes that, pursuant to sections 18(3) and 20(4) of the OSH Act, workers and their representatives may not be placed at a disadvantage because of their OSH-related activities. The Committee takes note of this information.

Article 7. Periodic review of the situation regarding OSH overall and in respect of particular areas. With reference to its previous comment on the measures taken to review the OSH situation in high-risk sectors, the Committee notes that objective 3 of National Policy Document III aims to reduce the rate of occupational accidents in the metal, mining and construction sectors. The Government indicates that: (a) a project for the improvement of OSH targeting SMEs in these three sectors was conducted between 2010 and 2012; (b) consultancy services on OSH management systems, risk assessment health care services and occupational diseases were provided in 128 workplaces; (c) work is under way to prevent occupational accidents in the construction sector through the project “Safe scaffolds and safety on scaffolds”. The Committee also notes KESK’s observations that the establishment of a “lifeline” to ensure that workers in mines have a safe way to return above ground and of a Staff Tracking and Monitoring System have been postponed until 2017. The Government indicates that details regarding the lifeline have been regulated and that its application has been suspended to allow time to adjust to the change. The Committee also notes the concerns raised by KESK about risks to the health and safety of those working with radiation, particularly workers in public hospitals. In this regard, the Government indicates that in 2016 the National OSH Council convened a meeting with the participation of the social partners and specialist personnel from relevant institutions to assess and discuss the situation of radiology technicians in hospitals. The Committee requests the Government to continue providing information on the progress made in relation to the application of this Article of the Convention.

Article 8. Measures to be adopted, including legislation, in consultation with the most representative organizations of employers and workers, to give effect to the national policy. In its previous comment, the Committee requested the Government to report on progress to enhance and strengthen tripartite social dialogue on OSH at the national level. The Committee notes the Government’s indication that, in addition to the tripartite meetings of the National OSH Council, it discussed with the social partners the drafting of the OSH Act and the Regulation on OSH in Mining (No. 28770 of 2013) and that the social partners did not respond to its invitation to participate in meetings and tripartite acitivities. The Committee also notes TİSK’s observations that, although during the drafting stage of the OSH Act social dialogue was open, when there has been disagreement, the short periods given to the social partners to make their views known have constituted an obstacle to effective consultations. The Committee requests the Government to continue providing information in this respect.

Article 9. Adequate and appropriate system of inspection and adequate penalties. In its previous comment, the Committee noted the conclusions of the Conference Committee in 2015 concerning the need to increase the number of labour inspections and ensure that dissuasive sanctions are imposed for infractions of laws and regulations, in particular with respect to subcontractors. In this respect, it refers to its comments in its observation on the application of Articles 3, 5(b), 10 and 16 (in relation to subcontracting situations) and Articles 5(a), 7, 17 and 18 (on effective enforcement and dissuasive penalties) of the Labour Inspection Convention, 1947 (No. 81).

Article 11(c). Establishment and application of procedures for the notification of occupational accidents and diseases, and production of annual statistics on occupational accidents and diseases. With reference to its previous comment on the need to improve the collection and consolidation of statistical data on occupational accidents and diseases and to strengthen the procedures established for the notification of work-related accidents and diseases, the Committee notes the Government’s indication that: (a) a project to identify more cases of occupational diseases was launched in 2010 and a Protocol was signed between the Ministry of Health and the Ministry of Labour and Social Security in this regard; (b) three ad hoc subcommittees were set up to pursue further work on adequately capturing incidents of occupational disease; (c) joint working groups were established with the participation of the Ministry of Labour and Social Security, the Ministry of Health, other agencies and the social partners to eliminate problems encountered in the notification of occupational accidents and diseases; (d) guidelines for diagnosis of occupational diseases were published by the Ministry of Labour and Social Security; and (e) occupational diseases notification guidelines have been published to provide guidance to employers, workplace physicians and health-care service providers. The Government further indicates that administrative fines under section 26 of the OSH Act apply in cases where an employer or health service provider fails to notify the competent authority of any incidents of occupational accidents and diseases. The Committee notes the observations made by KESK alleging discrepancies between the data provided by the Government and data obtained independently by the Worker Health and Industrial Safety Council, as well as under-reporting of occupational diseases of public workers. In this regard, the Committee notes that action 2.3 of National Policy Document III aims to include public workers statistics of occupational accidents and diseases and that studies have been carried out by the Social Security Institution and General Directorate of OSH in this respect. The Committee draws the Government’s attention to the useful indications contained in the Protocol of 2002 to the Convention concerning the process of recording and notification of occupational accidents and diseases. The Committee requests the Government to continue providing information on the application of Article 11(c) of the Convention.

Articles 13 and 19(f). Right of workers to remove themselves from danger. In its previous comment, the Committee noted that the conditions set by section 13 of the OSH Act constitute a restriction on the right of workers to remove themselves from imminent and serious danger to their life or health. The Committee notes the Government’s indication that it has taken measures to comply with this provision of the Convention and that pursuant to section 13 of the OSH Act workers have the right to remove themselves from serious and imminent danger deemed unavoidable in the worker’s opinion, based on his/her knowledge and experience, without any disadvantage because of their action, in line with section 8(4) of the EU Directive 89/391/EEC, the OSH Framework Directive. The Committee requests the Government to provide additional information on any written measure adopted to clarify the meaning of section 13 of the OSH Act, and on any case of non-compliance identified by the labour inspection.

Article 16. Employer’s obligations. With reference to its previous comment on the roles and responsibilities for OSH of employers, the Committee notes the Government’s indication that, pursuant to section 4(2) of the OSH Act, in cases where employers enlist competent external services or persons, this shall not discharge them from their responsibilities with regard to OSH. The Committee also notes the concerns raised by KESK regarding the attribution of responsibility for implementing OSH measures to employers in the public sector. In this regard, the Government indicates that, pursuant to section 2 of the OSH Act, the legislation applies to all work and workplaces in both the public and private sectors and to the employers of these workplaces, and that pursuant to section 3, the term “employer” is clearly defined. The Committee takes note of this information.

Article 17. Collaboration between two or more undertakings engaged in activities simultaneously at one workplace. The Committee notes the Government’s indication in reply to its previous request concerning collaboration of several employers at one workplace that, pursuant to section 22 of the OSH Act, OSH committees must be composed jointly in establishments where there is a main employer and subcontractors. It adds that, pursuant to section 23 of the OSH Act, collaboration and cooperation in OSH activities when there are several employers is not subject to any period of time and that the six-month stand-down period referred to in section 22 of the OSH Act only applies to the establishment of occupational safety and health committees. Furthermore, section 14 of the Regulation on OSH risk assessment (No. 28512 of 2012) establishes that several employers must coordinate their risk assessment procedures at the same workplace. The Committee takes note of this information.

The Committee is raising other matters in a request addressed directly to the Government.