Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

Türkiye

Safety and Health in Construction Convention, 1988 (No. 167) (Ratification: 2015)
Safety and Health in Mines Convention, 1995 (No. 176) (Ratification: 2015)
Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187) (Ratification: 2014)

In order to provide a comprehensive view of the issues relating to the application of ratified occupational safety and health (OSH) Conventions, the Committee considers it appropriate to examine Convention Nos 187 (promotional framework for OSH), 167 (OSH in construction) and 176 (OSH in mining) together. The Committee notes the Government’s first reports submitted concerning these Conventions. It also notes the observations of the Turkish Confederation of Employers’ Associations (TISK), transmitted with the Government’s report on Convention No. 187, and the observations of the Confederation of Turkish Trade Unions (TÜRK-IS), submitted with the Government’s reports on Conventions No. 167 and No. 176, respectively.

Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187)

Article 2(3) of the Convention. Consideration of the ratification of relevant occupational safety and health Conventions. The Committee notes that, since ratifying the Convention, Turkey ratified both the Safety and Health in Construction Convention, 1988 (No. 167), and the Safety and Health in Mines Convention, 1995 (No. 176), in 2015. It also notes the Government’s indication in its report that the tripartite National Occupational Safety and Health Council (National OSH Council) meets twice a year, and has as an objective advising the Ministry of Labour and Social Security and the Government on developing policies and strategies to improve OSH conditions in the country. The Committee requests the Government to provide information on the periodic consideration given to measures that could be taken to ratify relevant OSH Conventions of the ILO and consultations held with the most representative organizations of employers and workers in that respect, including any relevant discussions held in the context of the National OSH Council.

Article 3. National OSH Policy. The Committees takes due note of the adoption of the National OSH Policy Document III (2014–18), which follows national Policy documents I and II adopted for the periods 2006–08 and 2009–13 respectively. With reference to its comments under Article 4 of the Occupational Safety and Health Convention, 1981 (No. 155), the Committee requests the Government to provide information on the review undertaken of the Policy, and the consultations held with the most representative organizations of employers and workers in that respect. It also requests information on the subsequent formulation of a national OSH Policy covering the period 2019 and beyond.

Article 4(2)(c). Mechanisms for ensuring compliance with national laws and regulations, including systems of inspection. The Committee notes that the responsible body for inspection and enforcement in the area of OSH is the Labour Inspection Board. Concerning mechanisms to ensure compliance with OSH legislation, the Committee refers in this respect to its comments adopted in 2016 on the application of Articles 3, 5(b), 10 and 16 (in relation to labour inspections in the field of OSH) and Articles 5(a), 7, 17 and 18 (on effective enforcement and dissuasive penalties) of the Labour Inspection Convention, 1947 (No. 81).

Article 4(3)(d). Occupational health services. Noting the legislative provisions in the Occupational Safety and Health Act No. 6331 of 2012 (the OSH Act), the Committee refers to its comments adopted in 2016 under the Occupational Health Services Convention, 1985 (No. 161), specifically with respect to Article 2 (formulation, implementation and periodic review of a coherent national policy); Article 3 (progressive development of occupational health services); Article 4 (consultations with the most representative organizations of employers and workers); Articles 5 and 7 (functions of occupational health services); Article 8 (cooperation at the level of the enterprise); Article 9 (multidisciplinary nature of occupational health services); Article 10 (professional independence of occupational health services personnel); Article 11 (qualification for personnel); Article 12 (health surveillance at no cost to the workers); and Articles 14 and 15 (provision of information to occupational health services).

Article 4(3)(f). Mechanisms for the collection and analysis of data on occupational injuries and diseases. The Committee takes note of the statement in the National OSH Policy Document III that there are problems in the detection and notification of occupational diseases and that results-oriented protective and proactive studies must be carried out. It notes in this respect that one of the National OSH Policy’s objectives is the development of an occupational accident and disease statistics and recording system. The Action Plan on Safety and Health at Work (2014–18) (Action Plan 2014–18) contains four action items (with corresponding performance indicators) for this objective: (i) the recording of statistical data regarding occupational accidents and diseases in conformity with international standards; (ii) the collection of pre-diagnosis data related to occupational diseases and the dissemination of data concerning medical diagnoses; (iii) the inclusion of public employees in statistics on occupational accidents and diseases; and (iv) the comparison and cross-check of occupational accident and disease figures reported to the Social Security Institution both from the Ministry of Health and from employers. With reference to its comments under Article 11(c) of Convention No. 155 adopted in 2016, the Committee requests the Government to continue to provide information on the development of mechanisms for the collection and analysis of data on occupational injuries and diseases. In this respect, it requests the Government to provide information on the implementation of the relevant actions of the Action Plan 2014–18, including the progress made compared to the performance indicators established, specifically with respect to: (i) the recording of statistical data of occupational accidents and diseases in conformity with international standards; and (ii) the collection of pre-diagnosis data related to occupational diseases and the dissemination of data concerning medical diagnoses.

Article 5. National OSH programme. The Committee notes that the Action Plan 2014–18 was prepared in parallel to the National OSH Policy Document III for the purpose of identifying and monitoring activities necessary to achieve the objectives of the Policy. The Committee welcomes that the Action Plan 2014–18 contains clear action items for each of the seven objectives set out in the National OSH Policy Document III, establishes 28 objectives with annual performance indicators for each action item, and identifies the responsible institutions and organizations. The Committee requests the Government to provide information on the review of the Action Plan 2014 – 18, including the progress achieved with respect to the annual performance indicators established. It also requests information on the formulation of any new Action Plans, as well as information on any complementary programmes and plans that assist in achieving progressively a safe and healthy working environment.

Safety and Health in Construction Convention, 1988 (No. 167)

Article 3 of the Convention. Consultations on measures to give effect to the Convention. The Committee notes the Government’s indication that in the preparation of the Regulations on Occupational Health and Safety in Construction (No. 28786 of 2013), the views of other ministries, including the Ministry of Environment and Urban Planning and the Ministry of Science, Industry and Commerce, were sought. The Government also refers to the role of the tripartite National OSH Council and states that the opinions of workers’ and employers’ organizations and other related stakeholder organizations and institutions are requested within the scope of legislative works. With reference to the comments above under Article 2(3) of Convention No. 187, the Committee requests the Government to provide information on the consultations undertaken with the representative organizations of workers and employers concerned on the measures to give effect to the Convention, including the context of the national OSH Council.

Article 6. Cooperation at construction sites. The Committee notes that section 18 of the OSH Act provides that the employer shall consult workers or representatives authorized by trade unions in enterprises with more than two workers’ representatives or workers’ representatives themselves in the absence of a trade union representative, to ensure the consultation and participation of workers, including consultation with regard to OSH. Section 13 of the Regulations on Occupational Health and Safety in Construction provides that consultations shall be held with workers or their representatives, and their participation shall be ensured in line with the provisions of section 18 of the OSH Act, taking into consideration the size of the construction site and the degree of risk. However, the Committee also notes that the provisions of the OSH Act concerning the establishment of OSH committees at the workplace (section 22) and the Regulation on Occupational Safety and Health Committees (2013) only apply to permanent workplaces. The Committee requests the Government to provide further information on the arrangements for cooperation between employers and workers to promote safety and health at temporary construction sites, including information on the manner in which section 13 of the Regulations on Occupational Health and Safety in Construction is applied in practice.

Article 12(1). Right of workers to remove themselves from situations of imminent and serious danger. With reference to its comments adopted in 2016 under Convention No. 155, the Committee notes that section 13(1) of the OSH Act provides that workers exposed to serious and imminent danger must file an application to the workplace OSH committee, or the employer in the absence of such a committee, requesting the identification of the hazard and measures for emergency intervention. The decision of the committee and the employer shall be communicated to the worker and the workers’ representative in writing. It further notes that section 13(3) provides that workers are able to leave their place of work without going through the process in section 13(1) if the danger is serious, imminent and unavoidable. The Committee recalls that prior authorization for exercising the right to removal in situations of imminent and serious danger (as specified in section 13(1)) is not in conformity with the Convention, as is any requirement that the danger be unavoidable (as specified in section 13(3)). The Committee therefore requests the Government to take the necessary measures to give full effect to Article 12 of the Convention by ensuring that national legislation or regulations provide that a worker shall have the right to remove themselves from danger when they have good reason to believe that there is an imminent and serious danger to their safety or health. In the meantime, it requests the Government to provide information on the implementation of section 13 of the OSH Act in the construction sector in practice.

Article 12(2). Duty of employers to stop operations in situations of imminent danger. The Committee notes that section 12(1)(a) of the OSH Act provides that in the event of serious, imminent and unavoidable danger, the employer shall take action and give instructions to enable workers to stop work and/or immediately leave the workplace and proceed to a place of safety. Section 12(1)(b) provides that the employer shall not ask workers, except for those who are adequately equipped and specially assigned to do so, to resume work for as long as the situation remains unchanged and unless there is a strict necessity. The Committee recalls that Article 12(2) of the Convention provides that, where there is an imminent danger to the safety of workers, the employer shall take immediate steps to stop the operation and evacuate workers as appropriate. It notes in this respect that the Convention does not require that the danger be serious or unavoidable. The Committee requests the Government to take measures to give full effect to Article 12(2) of the Convention by ensuring that the obligation of employers to take immediate steps to stop operations where there is an imminent danger to the safety of workers is not limited to situations where the danger is serious or unavoidable. It also requests the Government to provide information on the implementation of section 12(1)(b) of the OSH Act in practice, including any violations detected in the course of inspections and subsequent penalties applied.

Article 13(3). Appropriate precautions to protect persons present at or in the vicinity of a construction site. The Committee notes that sections 45 and 68 of Annex 4A of the Regulations on Occupational Health and Safety in Construction provide that entry of unauthorized individuals on construction sites shall be prevented by using appropriate equipment and tools, and that sites must be clearly and visibly identified in order to prevent the entrance of unauthorized persons. Noting the precautions related to protecting persons present at the construction site, the Committee requests the Government to provide information on any measures implemented related to requiring that appropriate precautions be taken to protect persons in the vicinity of a construction site from risks which may arise from such a site.

Article 18. Work at heights. The Committee notes the detailed provisions of the Regulations on Occupational Health and Safety in Construction related to work at heights (sections 1–7 of Annex 4A), related to, among others, protection against falls in the worksite’s emergency plan, the provision of collective protection measures such as guardrails, anti-fall platforms, barriers, covers, scaffolds and safety nets, as well as individual protection measures, the regular checking of the equipment used for work at heights, requiring that the work be carried out under the supervision and control of a competent person appointed by the employer, and ensuring the provision of training to workers engaged at work at heights. It also notes that the Action Plan 2014–18 identifies the reduction of the rate of occupational accidents resulting from a fall from heights as a performance indicator for the Plan, with the objective of reducing this rate by 3 per cent each year between 2014 and 2018. The Committee requests the Government to continue to provide information on the measures taken to protect against the fall of workers, tools or other objects or materials, including the progress achieved with respect to the performance indicators established in the Action Plan 2014–18, specifically as concerns the rate of occupational accidents resulting from a fall from heights.

Articles 21 and 23. Work in compressed air and work over water. The Committee notes that section 10(b) of the Regulations on Occupational Health and Safety in Construction provides that the health and safety plan, prepared by the health and safety coordinator of the construction site during the project preparation phase, shall ensure specific measures related to the works listed in Annex 2, which includes work with a risk of drowning (section 1) and work in compressed air (section 8). The Committee requests the Government to provide further information on any additional measures prescribed by national laws or regulations concerning work in compressed air. It also requests the Government to provide information on measures taken or envisaged to ensure that work in compressed air is only carried out by workers whose physical aptitude for such work has been established by a medical examination and when a competent person is present to supervise the conduct of the operations, in accordance with Article 21(2) of the Convention. The Committee further requests the Government to provide information on the measures taken to ensure, in accordance with Article 23 of the Convention, that where work is done over or in close proximity to water there is adequate provision for: preventing workers from falling into water; the rescue of workers in danger of drowning; and safe and sufficient transport.

Article 24(a). Demolition works. The Committee notes that section 75 of Annex 4B of the Regulations on Occupational Health and Safety in Construction provides a number of requirements for demolition works, including that: (a) gas, water and electricity connections inside and outside of the construction site be cut before demolition, and necessary space around the structure be established; (b) demolition works are executed in accordance with the relevant standards and regulatory provisions; (c) suitable working methods and equipment are used and necessary measures taken; and (d) measures are taken to dispose of the remaining material and debris from the working environment safely. The Committee requests the Government to provide further information on any relevant standards or regulations established related to demolition work, as referred to in section 75(b) of Annex 4B of the Regulations on Occupational Health and Safety in Construction.

Article 28(4). Waste disposal. The Committee notes the Government’s reference to section 5(1)(f) and (g) of the Regulations on Occupational Health and Safety in Construction, which provides that the employer shall establish conditions for the disposal of hazardous materials and shall ensure the storage, disposal and removal of waste products. The Committee requests the Government to provide further information on the measures taken or envisaged to ensure that waste is not destroyed or otherwise disposed of on a construction site in a manner which is liable to be injurious to health.

Article 35. Application of the Convention in practice. The Committee notes the observations of TÜRK-IS, submitted with the Government’s report, welcoming the ratification of the Convention, and stating that there is significant conformity with the Convention. The Committee notes the information in the Government’s report that there are 198,231 construction workplaces in the country (11.4 per cent out of all workplaces), employing 1,980,630 workers (14.1 per cent of total number of workers). It further notes the information in the National OSH Policy Document III (2014–18) that, as of 2013, the highest number of fatal occupational accidents occurred in the construction sector, accounting for 38.3 per cent of fatal occupational accidents. The Committee also notes that the OSH Act contains provisions on penalties and corrective measures. The Committee requests the Government to strengthen its efforts to improving occupational safety and health in the construction sector, and to provide information on measures taken to address the high number of fatal occupational accidents in the sector. It requests the Government to continue to provide information on the application of the Convention in practice, including the number of workers in the sector and the number of occupational accidents, including fatal occupational accidents. As regards penalties and corrective measures, the Committee refers the Government to the comments adopted in 2016 under Articles 5(a), 7, 17 and 18 of Convention No. 81, regarding the effective enforcement of laws and regulations providing for sufficiently dissuasive penalties.

Safety and Health in Mines Convention, 1995 (No. 176)

Article 3. National policy on OSH in mining. The Committee notes the detailed Regulations on Occupational Health and Safety in Mining (No. 28770 of 2013) and the Government’s reference in its report to the tripartite National OSH Council. It further notes that the National Policy Document III (2014–18) includes, as one of its objectives, the reduction of the rate of occupational accidents in the mining sector. The accompanying Action Plan includes the action item “preventing accidents due to collapse, explosion, and other causes at mines” with the performance indicator of reducing the rate of occupational accidents in the mining sector by 3 per cent each year between 2014 and 2018. The Committee requests the Government to provide information on the measures taken to periodically review the policy on safety and health in mines as well as the consultations held with employers’ and workers’ organizations in that respect, including within the context of the tripartite National OSH Council. It also requests the Government to provide information on the progress made with regard to the above-mentioned performance indicator, specifically as regards the rate of occupational accidents in mines.

Articles 5(2)(c) and (d) and 10(e). Procedures for reporting and investigating fatal and serious accidents, dangerous occurrences and mine disasters, and compilation and publication of statistics. Employers’ obligations to report dangerous occurrences. The Committee notes that section 14(1) of the OSH Act provides that the employer shall keep a list of all occupational accidents and diseases experienced by their workers, and shall investigate and draw up reports on incidents that might potentially harm workers, the workplace or work equipment despite not resulting in injury or death. Section 14(2) provides that the employer shall notify the national social security institution with respect to occupational accidents and diseases. Section 14(5) provides that the procedures for section 14 shall be defined by the Ministry of Labour and Social Security, following approval from the Ministry of Health. Noting that there does not appear to be any requirement for employers to report dangerous occurrences in mining and mine disasters that do not result in occupational injuries, the Committee requests the Government to provide information on measures taken or envisaged in this respect, including any procedures established in that regard under section 14(5) of the OSH Act. The Committee also requests the Government to provide information on any measures taken to compile and publish statistics on dangerous occurrences in the mining sector, in accordance with Article 5(2)(d).

Article 7(a). Design of mines. The Committee notes the observations of TÜRK-IS that it is crucially important to evaluate businesses with respect to OSH standards at the project licensing stage, prior to the commencement of operations, in order to prevent accidents in the mining sector. The Committee notes in this respect that section 5(1) of the Regulations on Occupational Health and Safety in Mining provides that the employer has the obligation to take the necessary measures to ensure the safety and health of workers, including by ensuring that workplaces are designed, constructed, equipped, commissioned, operated and maintained in such a way that workers can perform the work assigned to them without endangering their safety and health. The Committee requests the Government to provide further information on the measures taken to ensure that mines are designed to provide conditions for their safe operation and a healthy working environment, including information on the implementation of section 5(1) of the Regulations on Occupational Health and Safety in Mining in practice.

Article 7(i). Obligation to stop operations and evacuate workers. With reference to its comment above under Article 12(2) of Convention No. 167, the Committees notes that the Government refers, in its report, to section 12 of the OSH Act. The Committee recalls that Article 7(i) of the Convention requires employers to ensure that when there is a serious danger to the safety and health of workers, operations are stopped and workers are evacuated to a safe location. Unlike section 12 of the OSH Act, this obligation is not limited to cases of imminent or unavoidable danger. The Committee requests the Government to take measures to give full effect to Article 7(i) of the Convention by ensuring that employers are required to stop operations and evacuate workers in all situations where there is a serious danger to the safety and health of workers.

Article 10(a). Adequate training and comprehensible instructions. The Committee notes that sections 16 and 17 of the OSH Act require employers to inform workers of the safety and health risks present at the workplace and the protective and preventive measures to be taken, and to ensure that each worker receives safety and health training, upon recruitment, in the event of a transfer or a change of job, and in the event of a change in equipment or introduction of any new technology. Annex 1 (paragraph 1.5) of the Regulations on Occupational Health and Safety in Mining also provides that sufficient OSH information, instructions and training shall be given to workers and that such trainings shall be repeated periodically. The Committee notes the observations of TÜRK-IS stating that training of workers is much more important in the mining sector than other sectors due to its dangerous nature. TÜRK-IS states that the participation of workers in the mining sector without professional training in the sector further increases risks and that it is important that workers receive comprehensive training prior to commencing work. TÜRK-IS states also that it is often unclear whether the training that employers are legally required to provide has been provided. The Committee requests the Government to provide information on the implementation in practice of the legislation requiring the provision of OSH training to all workers in mining, as well as information on measures taken to improve the implementation of these legislative provisions.

Article 12. Two or more employers undertaking activities at the same mine. The Committee notes that, pursuant to section 5(1)(4) of the Regulations on Occupational Health and Safety in Mining, where workers from several undertakings are present at the same site, each employer shall be responsible for all matters under their control but that the employer who is in charge of the workplace shall coordinate the implementation of all the measures concerning the safety and health of the workers. That employer shall state, in their safety and health document, the aim of that coordination and the measures and procedures for implementing it. The coordination shall not affect the responsibility of the individual employers. The Committee recalls that in its General Survey of 2017 on certain occupational safety and health instruments, it stressed that, given the risks and the dynamic nature of the mining sector, the allocation of responsibilities is essential for the effective implementation of OSH measures and that while all employers, including contractors and subcontractors, involved in the activities in a mining site have a responsibility to ensure the safety and health of their workers, the employer in charge of the mine maintains primary responsibility and must take measures to coordinate OSH efforts with a view to preventing accidents (paragraph 272 of the Survey). The Committee requests the Government to provide information on the implementation of section 5(1)(4) of the Regulations on Occupational Health and Safety in Mining, including any violations detected in the course of inspections and subsequent penalties applied.

Article 13(1)(e). Right of workers to remove themselves in situations posing a serious danger to their safety or health. With reference to its comments above concerning Article 12(1) of Convention No. 167 on section 13(1) of the OSH Act, the Committee recalls that prior authorization for exercising the right to removal in situations of serious danger is not in conformity with Convention No. 176, as well as any requirement that the danger be imminent and unavoidable. The Committee therefore requests the Government to take the necessary measures to give full effect to Article 13(1)(e) of the Convention by ensuring that national legislation or regulations provide that workers in mining have the right to remove themselves from any location at the mine when circumstances arise which appear, with reasonable justification, to pose a serious danger to their safety or health.

Article 13(2)(c) and (f). Right of workers’ safety and health representatives. The Committee requests the Government to provide information on the measures taken to ensure that workers’ representatives have the right to have recourse to advisers and independent experts and to receive notice of accidents and dangerous occurrences, in accordance with Article 13(2)(c) and (f) of the Convention.

Article 16. Appropriate inspection services, appropriate penalties and corrective measures and application in practice. The Committee notes the information in the Government’s report that there are currently 6,736 mining workplaces, and 128,741 workers in the sector. The Committee notes the statement of TÜRK-IS that the mining sector has many fatal industrial accidents. It notes in this respect the information in the National OSH Policy Document III (2014–18) that 14.1 per cent of all occupational accidents in the country occur in the mining sector, and that the sector has the highest rate of accidents per number of workers employed. The Committee notes that the OSH Act provides for the application of penalties for its violation and for the violation of its regulations (section 26), the application of orders to cease operations (section 25), and the prohibition from participating in public procurement contracts for two years for mines where fatal occupational accidents have occurred (section 25A). With reference to its comments under Convention No. 81 adopted in 2016, the Committee urges the Government to take further measures to address the high rate of accidents in the sector, and to provide information on the measures taken in this respect, including to strengthen the appropriate inspection services in this respect. It requests the Government to provide detailed information on the application of the Convention in practice, including the number of inspections conducted in the mining sector, the number of violations detected, the number of penalties and orders to cease operations applied in the mining sector (pursuant to sections 25 and 26 of the OSH Act) as well as the number of mining enterprises excluded from participating in public procurement contracts due to the occurrence of a fatal occupational accident (section 25A of the OSH Act). It further requests the Government to provide detailed information on the number and nature of occupational accidents and cases of occupational disease in the mining sector.