Observation (CEACR) - adopted 1997, published 86th ILC session (1998)

Guarding of Machinery Convention, 1963 (No. 119) - Türkiye (Ratification: 1967)

The Committee notes the observations made by the Turkish Confederation of Employer Associations (TISK) and the Confederation of Turkish Trade Unions (TURK-IS), which are supplied with the Government's report.

1. Article 17 of the Convention. In its previous comments, the Committee requested the Government to take the necessary measures to extend the scope of the 1983 Regulations on the Guarding of Machinery, which were applicable only to the commercial and industrial sectors, to all sectors of the economy including agriculture, air and sea transport.

The Committee notes from the Government's latest report that the voluntary application of safety standards for machinery, adopted by the Turkish Standards Institution, now constitutes an obstacle to their total application in all sectors of economic activity. In this respect, consultations have recently started between the competent administrative bodies and the Turkish Standards Institution with a view to make compulsory the above-mentioned safety standards for machinery.

The Committee recalls that in conformity with this provision of the Convention this instrument applies to all branches of economic activity unless the Member ratifying the Convention specifies a more limited scope of application by a declaration appended to its ratification. Since the Government did not make such a declaration, the provisions of the Convention apply to all sectors including agricultural, air and sea transport sectors. Therefore, the Committee asks the Government to indicate the measures taken in order to give full effect to the Convention in all branches of economic activity.

2. Article 15. With reference to the Committee's previous comments in which the Government had been requested to supply information on the measures taken or contemplated to ensure adequate inspection with regard to the application of the 1983 Regulations on the Guarding of Machinery, the Committee notes that no specific information has been provided in this respect in the Government's latest report.

The Committee notes the observations of the Confederation of Turkish Trade Unions concerning the absence of serious measures taken to ensure the effective application of the 1983 Regulations on the Guarding of Machinery and that the requirement of paragraph 1 of this Article has been ignored. Since the Government's report contains no comments with respect to this observation, the Government is requested to indicate the measures taken in conformity with this provision of the Convention. The Committee requests the Government to give details of the steps taken to ensure that appropriate inspection is carried out in all sectors of economic activity including the unregistered or informal sector which, according to TURK-IS, is not covered by the Convention.

3. The Committee notes from the observation made by the TISK that the number of fatal accidents, as well as all kinds of work accidents, and occupational diseases tended to decrease in the 1990s. The Committee also notes from the statistical data provided with the Government's last report relating to the occupational accidents, that accidents connected with the machinery and hand tools constitute a considerable part among all the accidents and injuries. The Government is requested to supply, with its next report, extracts from official reports concerning occupational accidents and information on any practical difficulties in the application of the Convention (point V of the report form).