Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

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

Referring to its observation, the Committee wishes to raise the following additional points.

Article 8 of the Convention. Cooperation between employers, workers and their representatives. The Committee notes the Government’s reference to section 18(2) of the Occupational Safety and Health Act No. 6331 (OSH Act No. 6331) which requires that employers consult support staff and workers’ representatives on the assignment of occupational physicians, occupational safety experts (OSEs) and other health staff in the workplace or, where appropriate, the designation of the competent services or persons outside of the undertaking. It notes that the Government also refers to section 22 of OSH Act No. 6331 on OSH committees, to be set up in undertakings with at least 50 employees, and to the “Directive on occupational safety and health committees”, adopted in 2014. The Committee wishes to draw the Government’s attention to the guidelines contained in Paragraph 33(2) of the Occupational Health Services Recommendation, 1985 (No. 171), which provides for the participation of employers, workers and their representatives in decisions affecting the organization and operation of occupational health services, including those relating to the employment of personnel and the planning of the services’ programmes. The Committee requests the Government to provide further information on the application of section 18 of OSH Act No. 6331 and on any other measures taken to facilitate the cooperation and participation of the employer, workers and their representatives in the implementation of the organizational measures relating to occupational health services.

Article 9. Multidisciplinary nature of occupational health services. The Committee notes that, under section 6 of OSH Act No. 6331, the employer shall designate workers as OSEs, occupational physicians and other health personnel or, in the absence of suitable candidates within the undertaking, enlist the services of a joint health and safety unit. The Committee notes, however, that it is not clear from section 38 of the Act whether section 6 is in force in all undertakings or is subject to gradual application. Moreover, the Government provides no further information on the composition of the occupational health service personnel. The Committee draws the Government’s attention to Article 9(1) of the Convention which prescribes that occupational health services should be multidisciplinary and that their composition should be determined by the nature of the duties to be performed. It also refers to the guidelines contained in Paragraph 36 of Recommendation No. 171 which provides for the appointment of sufficient technical personnel with specialized training and experience in such fields as occupational medicine, occupational hygiene, ergonomics, occupational health nursing and other relevant fields, and of the necessary administrative personnel for their operation. The Committee requests the Government to provide information on how it is ensured that occupational health services are multidisciplinary, as provided for in Article 9 of the Convention, and on the criteria according to which their composition is determined.

Article 10. Professional independence of occupational health services personnel from employers, workers and their representatives. The Committee notes that pursuant to section 8 of OSH Act No. 6331, OSEs and occupational physicians, which are designated by the employer among workers, shall seek and maintain professional independence and observe the rules of ethics in the execution of their functions. The Committee notes, however, that it is not certain from section 38 of the Act whether section 8 is in force in all undertakings or is subject to gradual application. Moreover, the Government provides no further information regarding the manner in which the professional independence of occupational health services personnel is guaranteed. The Committee wishes to recall that while occupational health services may be organized by different entities, such as the undertakings or public authorities, social security institutions, etc., as provided under Article 7 of the Convention, the personnel providing these services shall enjoy full professional independence from employers, workers, and their representatives, in relation to their functions. The Committee accordingly requests the Government to provide information on the measures adopted to give full effect, in law and in practice, to Article 10 of the Convention.

Article 11. Required qualification for occupational health services personnel. In its report, the Government indicates that the qualifications required for occupational physicians are set out under the “Directive on duties, competence, responsibilities and training of occupational physicians and other health personnel”. The Committee notes, however, that the Directive was not supplied and that the Government’s report contains no further information concerning the qualifications required for other personnel of occupational health services, such as OSEs. The Committee accordingly requests the Government to provide information in this respect and to supply a copy of the abovementioned Directive.

Article 12. Health surveillance at no cost to the workers. The Committee notes that the Government refers to section 15 of OSH Act No. 6331, according to which workers shall incur no costs related to health surveillance and the employer shall cover all expenses arising therefrom. The Committee requests the Government to provide information on the application in practice of section 15 of OSH Act No. 6331.

Articles 14 and 15. Ensuring occupational health services receive relevant information. The Committee notes the Government’s reference to section (1)(e) of OSH Act No. 6331 and the “Directive on duties, competence, responsibilities and training of occupational physicians and other health personnel”, which appear to give effect to Article 14 of the Convention. However, the Committee notes that it is not clear from section 38 of the Act whether section 6 is in force in all undertakings or is subject to gradual application. The Committee therefore requests the Government to provide clarification on this point and to indicate the measures taken to give effect to Article 15 of the Convention.

[The Government is asked to reply in detail to the present comments in 2015.]