Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Occupational Safety and Health (Dock Work) Convention, 1979 (No. 152) - Türkiye (Ratification: 2005)

Legislation. The Committee notes with interest the entry into force, on 30 December 2012, of the new Occupational Health and Safety Law (Law No. 6331), dated 20 June 2012. The Committee welcomes the Government’s indication that this law has a wider scope than the repealed Regulation on Occupational Health and Safety (OSH) and therefore applies to all employees of all works and workplaces in both the public and private sector. It notes that all of the workers of a workplace, regardless of the number of workers, are given the means to benefit from OSH services. In addition, it notes that article 18 of the OSH Law provides for the consultation of workers or their representatives, by employers, with regard to OSH, worker rights and obligations, and to the introduction of new technology and the consequences of the choice of equipment, the working conditions and the working environment for the safety and health of workers. The Committee also takes note of the Government’s reference to document No. 5196, sent to the Office on 13 August 2012, concerning the newly adopted law. Noting that document No. 5196 is not annexed to the report, the Committee would be grateful to the Government to again send to the Office a copy of this document, in one of the official languages of the ILO if possible.

Article 4(3) of the Convention. Technical standards and codes of practice. The Committee welcomes the Government’s indication that the ILO code of practice Safety and health in ports (2005) has been translated to Turkish and 1,000 copies distributed to the personnel of the Department of OSH of the Labour Inspection Board and to social partners. The Committee asks the Government to provide further details regarding the use of the Safety and health in ports document, particularly with regards to employers and workers and their representatives.

Article 9. Adequate and suitable lighting. The Committee notes that the Government refers to many regulations with regards to this Article of the Convention, notably the Directive on OSH in Construction Work, the Directive on Measures to be taken on Works and Workplaces in which Flammable, Explosive, Hazardous and Harmful Materials are Used, the Directive on Workers’ Health and Occupational Safety, the Regulation on Health and Safety Measures to be taken in Structures and Extensions of Workplace and the Regulation on Health and Safety Conditions in Using Work Equipment. The Committee invites the Government to provide a copy of the specific provisions of the relevant legislation giving effect to this Article of the Convention, in one of the official languages of the ILO if possible.

Article 10. Suitable surfaces for vehicle traffic or stacking of goods. The Committee notes the Government’s indication that special provisions regarding the stacking of goods can be found in article 486 of the Directive on Workers’ Health and Occupational Safety, the annex of the Regulation on Health and Safety Measures to be taken in Structures and Extensions of Workplace, and the annex of the Directive on OSH in Construction Work. Provisions related to vehicle traffic can be found in the Directive on OSH in Construction Work and the annex of the Regulation on Health and Safety Measures to be taken in Structures and Extensions of Workplace. The Committee invites the Government to provide a copy of the specific provisions of the relevant legislation giving effect to this Article of the Convention, in one of the official languages of the ILO if possible.

Article 13(4). Persons authorized to remove guards and safety devices of machinery, read together with Article 3. Definitions of lifting appliances and loose gear. The Committee notes that in its report, the Government indicates that the Regulations on Machine Safety, which define the terms “operator” and “guard”, give effect to this Article of the Convention. However, the referenced legislation does not indicate the provisions in virtue of which only an authorized person in the sense of Article 3 shall be permitted to undertake the tasks described in subparagraphs (a) and (b) of paragraph 4 of Article 13. Please provide information on the provisions according to which only a person authorized by the employer, the master of the ship or a responsible person, to undertake a specific task or tasks and possessing the necessary technical knowledge and experience, shall be permitted to remove any guard where this is necessary for the purpose of the work being carried out and to remove a safety device or make it inoperative for the purpose of cleaning, adjustment or repair.

Articles 22–25. Testing and inspection of lifting appliances and loose gear and recording of information related thereto, read together with Article 3. Definitions of lifting appliances and loose gear. The Committee notes that according to the Government, these Articles of the Convention are covered by article 7 of the Regulation for the Health and Safety Conditions in Using Work Equipment. The Government also indicates that Part VII of the Directive on Workers’ Health and Occupational Safety discusses related provisions and that detailed information is given in article 378. The Committee considers that it cannot assess the effect given to these Articles of the Convention, in the absence of the texts and detailed information on the referenced legislative provisions under which each Article is applied. The Committee requests the Government to provide a copy of the specific provisions of the relevant legislation giving effect to Articles 22–25 of the Convention, in one of the official languages of the ILO if possible.

Articles 18, 20, 21 and 26–31. The Committee notes that in its report, the Government indicates that articles 1, 2 and 4 of the Labour Act (No. 4857) give effect to these provisions of the Convention. The Committee notes that the legislative references provided are not related with the referred Articles of the Convention. The Committee asks the Government to provide further information on measures taken to ensure that full effect is given, in law and in practice, to these provisions of the Convention.

Part V of the report form. Practical application of the convention. The Committee notes the Government’s indication that in Turkey there are no administrative or register-based databases which can unambiguously identify dock work, including loading and unloading of ships, and that statistics on occupational accidents and diseases are therefore not available. Recalling that information regarding occupational accidents and diseases is an essential preventive tool for upholding and creating safe and healthy working conditions in ports, the Committee underlines the need to develop statistical systems and methodologies which permit an identification of OSH issues related to the specific and hazardous working environment that dock work represents. Such a tool should allow the Government to obtain further information regarding OSH in ports, including the number of dockworkers covered by the provision of the Convention, disaggregated by the number and nature of contraventions reported and the resulting action taken, and the number of occupational accidents and diseases reported. Nevertheless, the Committee notes that article 14 of the OSH Law stipulates that employers must record all occupational accidents and diseases suffered by workers and must notify the Social Security Institution within a certain timeframe, depending on the situation. The Committee urges the Government to take the necessary measures in order to develop statistical systems and methodologies that ensure that relevant information is available and that appropriate focus can be placed on the situation of dockworkers in Turkey and on methods to prevent and to follow up on reported incidents. It invites the Government to provide the information gathered on instances of occupational accidents and diseases, as provided for in article 14 of the OSH Law, for the period covered by the next report, and reiterates its request to provide a general appreciation of the manner in which the Convention is applied in the country.

Part VI of the report form. Comments from employers’ and workers’ organizations. With reference to its previous direct request, the Committee once again requests the Government to submit the Turkish Confederation of Employer Associations (TÌSK) observations referred to in its 2007 report, along with its comment on the referred observations.