Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

Workmen's Compensation (Occupational Diseases) Convention (Revised), 1934 (No. 42) - Türkiye (Ratification: 1946)

The Committee notes the information and statistics provided by the Government, and the observations made by the Confederation of Turkish Employers’ Associations (TISK) and the Confederation of Public Servants’ Trade Unions (MEMUR-SEN) on the application of the Convention.

Developments in national law and practice. The Committee notes that several amendments have been made to the national legislation during the period covered by the last report. Accordingly, TISK reports the adoption of Act No. 5510 on social insurance and general health insurance of 31 May 2006, which has been in force since 1 January 2007, and which appears to establish the new legal framework applicable to occupational diseases. Furthermore, according to the Government’s report, Act No. 5489 of 19 April 2006 has had the effect of modifying the composition of the Higher Medical Social Insurance Council, which intervenes in determining the occupational origin of pathologies. Finally, MEMUR-SEN indicates that certain diseases have been recognized as being of occupational origin by the Higher Medical Social Insurance Council, although this recognition has not been extended to employees of the public service, who are governed by other legislative texts (Act No. 5434 on pension funds).

The Government adds that the development of the system relating to the pathological manifestations of occupational diseases has been given priority in national objectives relating to occupational safety and health for the period
2006–08 and indicates that a study is being undertaken on this subject.

The Committee would be grateful if the Government would indicate in its next report the manner in which the above amendments to the national legislation affect the application of the Convention. Please provide information on the outcome and action taken as a result of the above study, together with copies, where possible translated, of the new texts governing occupational diseases and, where appropriate, an updated list of such diseases. The Government is also requested to reply to the comments made by MEMUR-SEN calling for the establishment of a tripartite commission covering the issue of the extension to employees in the public service of the newly recognized occupational diseases.

Application of the Convention in practice. In its previous comments, the Committee requested the Government to provide detailed information with regard to the concerns expressed by the Confederation of Turkish Trade Unions concerning the inadequacy of the system for the recognition of occupational diseases, and, in particular, the low number of occupational diseases, recorded (1,055 cases in 1997). According to this organization, this figure demonstrates that the system for the determination of occupational diseases is not adequate: insufficient numbers of medical personnel, the failure to undertake the necessary examinations and the lack of awareness and insufficient training of medical personnel in this field.

The Committee notes that, with the exception of the information concerning the programme for the development of the system relating to the pathological manifestations of occupational diseases, the Government’s report does not contain any other information relating to the concerns expressed by the abovementioned organization with regard to the operation of the system for the recognition of occupational diseases. It notes in this respect that the figures provided by the Government in its report show that the number of occupational diseases recognized each year in the country is clearly declining in relation to previous figures. Indeed, the number of occupational diseases recognized annually fell constantly between 2001 and 2005, from 883 to 384, respectively. The data provided also show a very marked imbalance between men and women since, for 2004, there were 380 cases of recognized occupational diseases affecting men workers, compared with four for women. In view of the above, the Committee would be grateful if the Government would provide detailed information on the operation of the national system for the recognition of occupational diseases indicating, among other information, the trades, industries or processes giving rise to occupational diseases or poisoning, and specifying the importance of these trades, industries or processes, the number of workers employed therein and the number of cases of diseases or poisonings that have been reported.

Restrictive nature of the schedule of occupational diseases. In its previous comments, the Committee requested the Government to amend the national legislation so as to clearly indicate that the schedule of pathological manifestations is of an indicative nature. It observes that, despite the amendments made to the legislation during the period covered by the report, this specification has not yet been made, although the Government reiterates, on the one hand, that any disease that is not referred to in the schedule of occupational diseases, may nevertheless be recognized as an occupational disease by the Higher Medical Social Insurance Council and, on the other hand, that the schedule of pathological manifestations is not restrictive, but of an indicative nature. The Committee notes this information and hopes that on the occasion of a future revision of the relevant national legislation, and in order to prevent any ambiguity, the Government will take the necessary measures to explicitly indicate that the schedule of occupational diseases is of an indicative nature.