Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

Occupational Health Services Convention, 1985 (No. 161) - Türkiye (Ratification: 2005)

The Committee notes the information in the Government’s latest report; the attached comments by the Confederation of Turkish Trade Unions (TÜRK-İŞ), the Confederation of Public Employees Trade Unions (KESK) and the Turkish Confederation of Employer Associations (TİSK); as well as the comments submitted on 2 September 2009 by the International Trade Union Confederation, on behalf of TÜRK-İŞ. The Committee notes that a number of the provisions of the Convention are applied through now repealed regulations and that new legislation has been drafted but not yet adopted. The Committee hopes that this legislation will be adopted soon and asks the Government to provide a copy of the relevant legislation once adopted indicating the specific provisions that give full effect to the provisions of the Convention, in particular Article 3(1) on the progressive development of occupational health services for all workers, including those in the public sector, and all undertakings, in response to the comments submitted by KESK which allege that public sector employees are not covered; Article 5 on the functions of the occupational health services; Article 8 on cooperation between employers, workers and their representatives; Article 11 on required qualifications for occupational health services personnel; Article 12 on health surveillance at no cost to the workers; and Articles 14 and 15 on ensuring health services receive relevant information.

Article 4 of the Convention. Consultations with the most representative organizations of employers and workers. The Committee notes the comments by TÜRK-İŞ and KESK which allege that social partners have not been consulted on the draft legislation relevant to the Convention. The Committee asks the Government to provide information on the consultations undertaken with the most representative organizations of employers and workers, as required by Article 4 of the Convention.

Part VI of the report form. Application in practice. The Committee notes the statistical information provided by the Government in its report, and the information provided by the Government on the practical application of the Occupational Safety and Health Convention, 1981 (No. 155). The Committee notes the comments by TÜRK-İŞ alleging that the majority of occupational accidents occur in undertakings employing less than 50 workers, and that Articles 14 and 15 of the Convention are not properly implemented. The Committee asks the Government to indicate measures taken or envisaged to address the issues raised by TÜRK-İŞ, and to continue to provide information on the application of the Convention in practice.