Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

Guarding of Machinery Convention, 1963 (No. 119) - Türkiye (Ratification: 1967)

The Committee notes the observations made by the Confederation of Turkish Trade Unions (TÜRK-İŞ) and the Turkish Confederation of Employers’ Associations (TİSK), submitted with the Government’s report.

Article 15 of the Convention. Application in practice and appropriate inspection services for the purpose of supervising the application of the provisions of the Convention. The Committee notes the statement of TÜRK İŞ that problems arise with respect to the practical implementation of Articles 2, 6 and 10 of the Convention (which concern the sale, hire, transfer, exhibition and use of machinery and the obligation of employers to provide information and instructions), including with respect to appropriate inspections. The Committee notes the Government’s statement that inspections have been undertaken in order to assess danger and risks arising from machinery and work equipment, and such inspections require employers to take necessary measures to eliminate risks and also raise awareness among employers on occupational safety and health. The Government indicates that if violations are detected during an inspection, an employer is requested to resolve the issue, and that if it is not resolved, an administrative fine is applied.

The Committee further notes the information in the annual labour inspection report for 2013 that machinery was the second leading cause of occupational accidents reported, causing approximately 16 per cent of reported occupational accidents. The Committee requests the Government to continue to provide information on the application of the Convention in practice, including on the undertaking of appropriate inspections and relevant statistical information. The Committee also requests the Government to provide information on measures taken to reduce the number of workplace accidents caused by machinery and on the impact of these measures.

Article 17. Applicability of the Convention to all branches of economic activity. The Committee notes the information in the Government’s report concerning the adoption of the Occupational Health and Safety Act No. 6331 of 2012 (OSH Act), and the Regulation on health and safety conditions in the usage of equipment No. 28628 of 2013, which respond to the Committee’s previous request in relation to the application of this Article. It also notes in this regard the observations of TİSK that the OSH Act applies to all jobs and establishments with limited exceptions, and of TÜRK-İŞ that the aim of the new provisions is to prevent any businesses or economic activities from being excluded from the Act’s application.