Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

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

The Committee notes the observations of the Confederation of Public Employees’ Trade Unions (KESK) and the Confederation of Turkish Trade Unions (TÜRK-İŞ), communicated with the Government’s report. The Committee further notes the response of the Government to the observations of KESK, received on 7 September 2015.

Article 8 of the Convention. Cooperation between employers, workers and their representatives. In relation to its previous comment concerning the need to ensure the participation of employers, workers and their representatives in decisions affecting the organization and operation of occupational health services, the Committee refers the Government to its detailed comment on the application of Articles 5(d) and 19(b) of the Occupational Safety and Health Convention, 1981 (No. 155), concerning communication and cooperation at the level of the undertaking. The Committee further notes the observations made by TÜRK-İŞ regarding the need to ensure that union shop stewards are able to forward workers’ views and proposals concerning occupational safety and health (OSH) to their employer, not only during the proceedings of OSH committees, but in all contexts and at all levels. The Committee requests the Government to provide its comments on this subject.

Article 9. Multidisciplinary nature of occupational health services. With reference to its previous comment on the composition of occupational health service personnel, the Committee notes that section 8(5) of the OSH Act provides that the Ministry shall specify the procedures and principles for the designation of titles for occupational safety experts (OSEs) and other experts in the mining and construction sectors. The Committee further notes that Action 1.5 of the National Policy Document III calls for the prioritization of sectoral arrangements in terms of the assignment of OSEs. The Committee requests the Government to provide information on the criteria according to which the composition of the personnel of occupational health services is determined in sectors other than mining and construction.

Article 10. Professional independence of occupational health service personnel from employers, workers and their representatives. With reference to its previous comment concerning the professional independence of occupational health service personnel, the Committee notes the Government’s indication that, pursuant to section 8(2) of the OSH Act, OSEs shall inform the employer in writing of the main OSH measures required in the undertaking or enterprise. In the event that the employer fails to implement any measures in relation to life threatening hazards, OSEs shall notify the Ministry. Pursuant to section 8(3) of the OSH Act, occupational physicians and OSEs are accountable to the employer for the neglect of duty in the discharge of their duties, and the Government indicates that this is taken into account in judicial decisions. The Committee further notes KESK’s observations that section 8 of the OSH Act, as amended in 2015 (Act No. 6645/2015 amending the OSH Act and several other statutes and decrees with force of law) provides that: (a) OSEs who do not comply with their reporting obligations are sanctioned; (b) employers shall not terminate the employment contracts of OSEs due to their compliance with reporting obligations; (c) compensation, amounting to at least one-year’s salary, shall be paid to OSEs dismissed for complying with their reporting obligations. KESK further observes that the sanction on employers for unjust dismissal of OSEs does not fulfil a dissuasive function. The Committee requests the Government to provide its comments in this respect.

Article 11. Qualifications required for occupational health service personnel. With reference to its previous comment concerning the qualifications required for occupational health personnel, the Committee notes KESK’s observations on measures which allow the personnel of occupational health services to have lower qualifications for a period extended to 2017 and 2018. The Committee further notes the Government’s indication that the requirement to employ OSEs with class certificates is regulated in temporary section 4 of the OSH Act and it depends on the hazard class and the number of workers. The Committee further notes that Action 1.7 of the National Policy Document III calls for the improvement of qualifications and competencies for the training of OSH professionals. The Committee requests the Government to provide further information on the full implementation of the OSH Act.

Article 12. Health surveillance at no cost to the workers. With reference to its previous comment, the Committee notes that, pursuant to section 15(4) of the OSH Act, employers are required to cover all expenses arising out of health surveillance. The Committee notes this information.

Articles 14 and 15. Provision of relevant information to occupational health services. With reference to its previous comment concerning the provision of relevant information provided to occupational health services, the Committee notes that section 6(e) of the OSH Act requires employers to ensure that designated persons, external services consulted and other workers and their employers from any outside enterprise or undertaking engaged in work in their undertaking or enterprise receive adequate information regarding the factors known to affect, or suspected of affecting, the safety and health of workers. The Committee takes note of this information.