Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

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

The Committee notes the information provided by the Government and the detailed explanations of developments in national law and practice relating to the application of the Convention supplied by the Turkish Confederation of Employer Associations (TİSK) and the Confederation of Turkish Trade Unions (TÜRK-İŞ).

Restrictive nature of the list of occupational diseases. In reply to the Committee’s comments concerning the restrictive nature of the list of occupational diseases, the Government refers to the adoption of Act No. 5510 of 31 May 2006 concerning social insurance and universal health insurance. This Act has brought profound changes to the social security system and established the new legal framework applicable to occupational diseases. The Government also refers to the adoption of the regulations concerning procedures for determining the degree of incapacity for work and the degree of earning capacity (Official Journal No. 27579 of 12 May 2011) which establish, inter alia, the new list of occupational diseases and the procedure to be followed regarding the recognition of the occupational origin of certain diseases not included in the list of occupational diseases or manifesting after the legally recognized latency period. According to the Government’s report, the list of occupational diseases does not have a restrictive nature inasmuch as the Social Security Health Board can now recognize the occupational nature of a disease not mentioned in the schedule. The Committee notes this information with interest and requests the Government to send full details of the operation of this additional procedure for the recognition of the occupational nature of a disease not mentioned on the list, particularly the steps that are necessary for submitting such a request.

Part V of the report form. Application of the Convention in practice. In its previous comments the Committee asked the Government to provide detailed information in reply to the observations made by TÜRK-İŞ in 2006 indicating the low number of occupational diseases recorded owing to the inadequacy of the system for the recognition of occupational diseases, insufficient numbers of medical personnel, failure to undertake the necessary clinical examinations and inadequate training and awareness-raising for medical personnel in this field. In a further communication of 2 May 2011, TÜRK-İŞ adds that the number of workers who are victims of occupational diseases has not been determined correctly. First, the lack of medical personnel and the absence of material resources make it impossible to establish with any validity the occupational nature of a disease. Second, no statistics are available with regard to occupational diseases of non-declared workers, who are estimated to account for 45 per cent of the workforce, a total which is equivalent to the number of declared workers. This being the case, TÜRK-İŞ emphasizes that the statistics sent by the Government cannot be taken as a true reflection of the real situation. According to these statistics, the number of cases of occupational disease recognized between 2005 and 2009 is 3,269 (of which 42 concerned women workers) compared with 2,308 between 2001 and 2004 (of which 18 concerned women workers). The Government also indicates that a protocol of cooperation was signed on 26 January 2010 between the Ministry of Labour and Social Security and the Ministry of Health in order to collaborate on occupational safety and health. The aims of this collaboration are as follows: to establish an action plan and a national policy with regard to prevention of occupational diseases and the early diagnosis thereof in order to ensure access to and updating of statistics concerning occupational diseases and accidents and to prepare a guide on the recognition of occupational diseases. Moreover, the Government states that, in order to promote the rights of the victims of silicosis usually caused by processes for sanding jeans, national law now prohibits the use of materials containing sand and silica crystals in the finishing process for all kinds of material. Workers suffering from silicosis are now entitled to receive a pension and to benefit from universal health services (section 67 of Act No. 6111 of 13 February 2011 concerning the restructuring of certain debts and Council of Ministers Resolution No. 15758 of 2009).

The Committee requests the Government to indicate the manner in which the recent measures referred to above, especially the adoption of the protocol of cooperation between the Ministry of Labour and Social Security and the Ministry of Health, have made it possible to improve and facilitate the detection and recognition of occupational diseases. The Government is also requested to indicate whether the protocol stipulates the provision of additional human and material resources to improve the functioning of the national apparatus for the detection and recognition of occupational diseases, especially among women workers. The Government is further requested to provide information on the use in practice of the appeal procedures launched by persons who wish the occupational nature of their diseases to be recognized, including, if applicable, copies of decisions issued by the competent authorities on this matter.

Moreover, the Committee invites the Government to reply to the observations made by the TÜRK-İŞ, according to which the adoption of Act No. 5510 of 31 May 2006 concerning social insurance and universal health insurance has significantly reduced the rights of victims of occupational accidents or diseases who suffer from permanent incapacity for work of 25 per cent or more by abolishing the minimum replacement income previously established by the law in force.