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

Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

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 Conventions Nos 115 (radiation protection), 119 (guarding of machinery), 127 (maximum weight), 155 (OSH), 161 (occupational health services), 167 (OSH in construction), 176 (OSH in mining) and 187 (promotional framework for OSH) together.

The Committee notes the observations of the Confederation of Public Employees’ Trade Unions (KESK) on the application of Convention No. 155 received on 1 September 2021 and the response of the Government received on 19 November 2021.

Article 4(2)(c) of Convention No. 187, Article 9 of Convention No. 155, Article 15 of Convention No. 115, Article 15 of Convention No. 119, Article 35 of Convention No. 167, and Article 16 of Convention No. 176. Mechanisms for ensuring compliance with national laws and regulations relating to OSH, including systems of inspections. The Committee notes that in reply to its previous comment regarding the reasons for the decrease in the number of OSH inspections in 2019, the Government indicates that, during that year, in addition to the regular inspection duties, the Directorate for Guidance and Inspection was engaged in the preparation of a study for the development of 32 sectoral labour inspection guides on OSH covering mining and construction as well as metal and chemical industries. The Government adds that in 2020, the tasks of the labour inspectors were adapted in order to respond to the COVID-19 pandemic, which had an impact on the number of OSH inspections carried out. The Committee also notes that, in reply to its previous request, the Government provides detailed information on the number of OSH inspections carried out, the suspension or partial suspension of work requested and administrative fines issued in relation to the construction and mining sectors for the period 2015 until May 2021. The Committee further notes that the Government report does not contain information regarding OSH inspections on the safe use of machinery and on the inspection activities with regard to employers’ obligations concerning protection from ionizing radiation. Noting that the decrease in the number of OSH inspections in 2019 and 2020 was due to specific contingencies, the Committee trusts that the Government will take the necessary measures to ensure that the enforcement of laws and regulations concerning occupational safety and health and the working environment is secured by an adequate and appropriate system of inspection. The Committee requests the Government to continue to provide information on the number of OSH inspections undertaken, disaggregated by controls carried out in the mining and construction sectors and with regard to the safe use of machinery, as well as statistical information on the inspection activities concerning employers’ obligations to ensure protection from ionizing radiation. It also requests the Government to provide information on the number of violations detected, the number and nature of penalties imposed and the orders to suspend operations issued.

Article 11(c) of Convention No. 155 and Article 4(3)(f) of Convention No. 187. Mechanisms for the notification, collection and analysis of data on occupational injuries and diseases. The Committee notes that in reply to its previous request, the Government indicates that electronic notifications of occupational accident and diseases have been integrated through the web service of the Social Security Institution (SSI). In addition, the Government indicates that data collected from the field through the OSH software registered by the Ministry of Labour and Social Security and the data gathered by the SSI are used to carry out studies on prevention of work accidents and occupational diseases, and to produce estimates to develop early warning mechanisms. The Committee also notes that according to the Government, in 2019 the most common occupational diseases are those affecting the respiratory system, in particular pneumoconiosis. The Committee notes that the Government report does not contain information on the reporting of occupational diseases for public servants. The Committee requests the Government to continue to provide information on the functioning of the mechanism for the notification, collection and analysis of data concerning occupational injuries and diseases, including information on the system applicable to public servants.

Article 2 of Convention No. 155 and Article 3 of Convention No. 161. Scope of application. Progressive development of occupational health services for all workers and all branches of economic activity. The Committee previously requested the Government to provide information on progress made towards the application of sections 6 and 7 of the OSH Act (on occupational health and safety services, i.e. the assignment of occupational specialists, occupational physicians and other health staff) to public sector workers and to workplaces with less than 50 workers. The Committee notes the Government’s information that the obligation to appoint an OSH professional in public institutions, excluding those employing more than 50 workers, and in less hazardous workplaces with less than 50 employees, will enter into force on 31 December 2023. In its observation, KESK notes that the application of sections 6 and 7 was supposed to enter into force in July 2023. In its reply to KESK observations, the Government indicates that the decision of postponement was taken following a letter received from national institutions and organizations where they pointed at financial difficulties caused by COVID-19, which hindered the possibility to provide occupational health and safety services within the workplaces or through outsourcing. According to the Government, the pandemic also caused a shortage of specialists and physicians in occupational health due to the disruption of training and the difficulties to perform the relevant exams. The Committee requests the Government to indicate which public institutions and workplaces (based on the number of employees and the level of hazard) will be covered by the provisions of sections 6 and 7 of the OSH Act starting from 31 December 2023. It also requests the Government to indicate whether the decision to further delay the application of those sections of the OSH Act has been taken in consultation with the most representative organisations of employers and workers.

1. Occupational Health Services Convention, 1985 (No. 161)

Article 9. Multidisciplinary nature of occupational health services. In reply to its previous comment regarding the specific criteria regarding the composition of occupational health services so as to ensure the availability of experts from different disciplines, the Government refers to the provisions of the OSH Act that provide for the establishment of occupational health services in the workplace, and to the 2015 Regulations on occupational safety and health services organized by employers or their representatives. The Government also refers to workplace health and safety units (İSGB), foreseen in section 3(1)(i) of the OSH Act, which are established to carry out occupational health and safety services in the workplace. The Government indicates that the İSGB has at least one occupational physician and at least one occupational safety specialist who has a certificate suitable for the hazard class of the workplace. The Government also indicates that joint health and safety units (OSGB) are defined in section 3(1)(m) of the OSH Act as units having the necessary equipment and personnel and being authorized by the Ministry of Labour and Social Security, which are established by public institutions and organizations, organized industrial zones or companies operating in accordance with the Turkish Commercial Code, in order to provide occupational health and safety services to workplaces. The Government indicates that these joint units employ at least one occupational doctor, one occupational safety specialist and other health staff working with a full-time employment contract. While noting this information, the Committee requests the Government to indicate how it ensures the availability of a variety of experience within the İSGB and the OSGB (such as experts in occupational medicine, ergonomics, etc.).

Article 11. Qualifications required for occupational health service personnel. The Committee notes that in reply to its previous request, the Government provides indications regarding the general requirements for, and qualifications of occupational physicians and other health personnel such as nurses, health officers, emergency medical technicians and environmental health technicians. The Committee also notes that, according to the Government the entry into force of section 8 (occupational physicians and occupational safety specialists) of the OSH Act, for public institutions and workplaces with less than 50 workers, has been further postponed to 31 December 2023. The Committee requests the Government to indicate whether specific qualifications have been established for personnel providing health services in accordance with the nature of the duties to be performed (for instance in connection to the risks related to specific sectors of activities). It also requests the Government to keep providing information concerning the entry into force of section 8 of the OSH Act for public institutions and workplaces with less than 50 workers.

2. Radiation Protection Convention, 1960 (No. 115)

Articles 2 and 6(2) of the Convention. Dose limits in occupational exposure. Legislation. The Committee notes the adoption of the Regulation on Management of Radiation Emergencies No. 31159, published in the Official Gazette dated 18 June 2020. The Committee recalls that the Convention, pursuant to Article 2, applies to all activities involving exposure of workers to ionizing radiations, including emergency workers. The Committee also refers to paragraphs 17-24 of its general observation of 2015, which set out limitation of occupational exposure during an emergency and the recovery period. The Committee requests the Government to indicate the maximum permissible doses established, in light of current knowledge, with respect to the lens of the eye for emergency workers. It also requests the Government to provide information on the adoption of the revised Regulations on Radiation Protection.

3. Maximum Weight Convention, 1967 (No. 127)

Article 3 of the Convention. Manual transport of a load likely to jeopardize the health and safety of the worker. The Committee notes that, in reply to its previous request, the Government indicates that, as a result of inspection activities carried out during the period from June 2016 to May 2021, 67 workplaces were found to be in breach of legislation concerning the transport of a load likely to jeopardize the health and safety of the workers. The Government indicates that administrative fines amounting 241,847 Turkish Liras (approx. 24,956 USD) were imposed. The Committee requests the Government to continue to provide information on the inspections carried out in this respect, on the shortcomings detected and remedial measures taken, if any.

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

Article 6 of the Convention. Cooperation at construction sites. The Committee notes that in its previous comment it requested the Government to provide information on the arrangements for cooperation between employers and workers to promote safety and health at temporary construction sites, and on the manner in which section 13 of the Regulations on Occupational Health and Safety in Construction is applied in practice, specifying for example, the instances and frequency of consultations, the number of participants at the consultations (per centage relative to the size of the site), and how the size of the construction site and the degree of risk are taken into account. The Committee notes that the Government refers to section 4 of the Regulation on occupational health and safety committees, which provides that the employer shall set up an occupational health and safety committee in enterprises where a minimum of fifty employees are employed and permanent work is performed for more than six months. The Government also refers to the Regulation on occupational health and safety in temporary or fixed-term work, which provides for the OSH protection of employees with temporary or fixed-term labour contracts. The Committee requests the Government to provide further information on the arrangements for cooperation between employers and workers to promote safety and health at construction sites that employ less than fifty workers and that are set up for a period of less than six months. It also requests once again the Government to indicate how consultations are conducted in practice, specifying for example the instances and frequency of consultations, the number of participants at the consultations (percentage relative to the size of the site), and how the size of the construction site and the degree of risk are taken into account.

Article 12(2). Duty of employers to stop operations in situations of imminent danger. In its previous comment, the Committee requested the Government to indicate the measures taken or envisaged to ensure 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. The Committee notes that the Government reiterates the reference to section 12 of the OSH Act, which 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. The Committee notes that the Government also refers to section 5 of the OSH Act, which provides that the employer shall fulfil its responsibilities on the basis of the principle to avoid risks. The Committee recalls that Article 12 (2) provides that in case of imminent danger to the safety of workers the employer shall take immediate steps to stop the operation and evacuate workers as appropriate. Therefore, the Committee requests the Government once again to adopt the necessary measures in order to give full effect to this Article of the Convention.

Article 18. Work at heights. The Committee previously requested the Government to indicate the measures taken to protect against the fall of workers, tools or other objects or materials, including the progress achieved with respect to revised performance indicators in the 2019-23 action plan once it is adopted, specifically as concerns the rate of occupational accidents resulting from a fall from heights. The Committee notes the Government’s indication that the drafting of the national occupational health and safety policy and action plan 2019 – 2023 will continue once the arrangements of structural changes related to the national OSH Council are finalized. The Government also indicates that the proportion of fatal occupational accidents in the construction sector caused by falls from heights decreased from 37.05 per cent in 2018 to 21.20 per cent in 2019. The Committee notes that according to the statistics provided by the Government, the number of occupational accidents in the construction sector had an increasing trend between 2015 and 2018 and then decreased in 2019. The Committee requests the Government to take the necessary measures to ensure that the national occupational health and safety policy and action plan 2019 – 2023 include OSH preventive measures against the fall of workers and tools or other objects or materials. It also request the Government to continue to provide data on occupational accidents and fatalities in the construction sector, particularly those resulting from a fall from height.

Article 21(2). Work in compressed air. In its previous comment, the Committee requested the Government to indicate the 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 its reply, the Government refers to section 15 of the OSH Act, which provides that the employer shall ensure that workers receive health surveillance appropriate to the health and safety risks they incur at work, taking into account the type of workers, the nature of work and the hazard class of the enterprise. The Government also indicates that Annex 2 of the Regulation on occupational health and safety in construction works, which provides the list of jobs with occupational health and safety risk, includes works done in pneumatic caisson. In accordance with section 10(1)(b) of the mentioned Regulation, if the works specified in Annex 2 are carried out in the construction area, special measures regarding these works should also be included in the health and safety plan. Moreover, the Government refers to section 78 of Chapter II of the Annex 4 of the aforementioned Regulation, which provides that the construction, installation, replacement or dismantling of cofferdams and caissons shall be carried out under the supervision of a competent person appointed by the employer. The Committee notes that the provisions indicated by the Government meet the requirement of Article 21(2) with regard to the need to ensure that work in compressed air is carried out only by workers whose physical aptitude for such work has been established by a medical examination. The Committee requests the Government to indicate the measures adopted to ensure that works in compressed air, other than those carried out for the construction, installation, replacement or dismantling of cofferdams and caissons, are carried out only under the supervision of a competent person.

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

Articles 5(2)(c) and (d) and 10(e) of the Convention. 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 in reply to its previous request, the Government reiterates the reference to section 14 of the OSH Act. The Committee notes that this provision foresees that the employer shall investigate and draw up reports on incidents that might potentially harm the workers, work place or work equipment or have damaged the work place or equipment despite not resulting in injury or death. However, the Committee notes once again that this provision does not provide for an obligation of the employers to report to the competent authorities dangerous occurrences. The Committee also notes that the statistics provided by the Government contain information regarding the occupational accidents and diseases in the mining sector, but do not provide information on the number of dangerous occurrences in this sector. The Committee requests the Government to take the necessary measures to ensure that the procedure for the notification of dangerous occurrences in mining is established in national laws or regulations. The Committee also requests the Government to continue to provide information on the measures taken to compile and publish statistics on dangerous occurrences in the mining sector as required by Article 5(2)(d).

Article 7(a). Design of mines. The Committee previously noted that section 5 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 notes that, in reply to its previous request on the practical application of section 5(1) of the Regulations, the Government refers to the procedure for the review and evaluation of health surveillance records at workplaces operating in the mining sector, in particular with regards to pneumoconiosis. The Government also refers to the statistics provided with regard to inspections, occupational accidents and diseases in the mining sector. The Committee requests the Government to continue to provide information on the practical application of section 5(1) of the Regulations on Occupational Health and Safety in Mining, in particular the number of inspections conducted, any violations detected and subsequent penalties applied.

Article 7(i). Obligation to stop operations and evacuate workers. In its previous comment, the Committee requested the Government to indicate the measures taken or envisaged 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. The Committee notes that the Government once again refers to the provisions of section 12 of the OSH Act. The Committee is bound to recall 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. It also emphasized, that, unlike section 12 of the OSH Act, this obligation is not limited to cases of imminent or unavoidable danger. The Committee also notes the Government’s indication that safety rules concerning all kinds of risks are included in secondary legislation adopted by virtue of section 5 of the OSH Act, which contains principles for protection from risks. The Committee requests the Government to indicate the provisions of secondary legislation that 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 12. Two or more employers undertaking activities at the same mine. The Committee previously requested the Government to provide information on the implementation of section 5(1)(4) of the Regulations on occupational health and safety in mining concerning the responsibility for the coordination of measures by the employer that is primarily responsible for the safety of operations, including any violations detected in the course of inspections and subsequent penalties applied. In its reply, the Government refers to the information concerning inspections, occupational accidents and diseases in the mining sector. The Committee notes that these statistics do not contain information with regard to the violations detected in relation to the responsibility for the coordination of measures by the employer that is primarily responsible for the safety of operations and subsequent penalties applied. The Committee requests the Government to provide information on the implementation in practice of the obligation foreseen in section 5(1)(4) of the Regulations on Occupational Health and Safety in Mining, in particular the violations detected during inspections and the penalties applied.

Article 13(2)(f). Right of workers’ safety and health representatives to receive notice of accidents and dangerous occurrences. The Committee notes that in reply to its previous request concerning the measures taken or envisaged to guarantee the right of workers’ representatives to receive notice of accidents and dangerous occurrences, the Government refers to section 16 of the OSH Act. This section provides that employers shall ensure that support staff and workers' representatives shall have access to the risk assessment, protective and preventive measures related to safety and health at work, information contained in measurements, analysis, technical controls, records, reports and inspections. The Government also refers to Regulation on occupational health and safety risk assessment, which indicates that workers’ representative are part of the team that conducts the risk assessment in the workplace. While noting the information provided by the Government, the Committee recalls that Article 13(2)(f) provides that workers’ safety representatives shall have the right to receive notice of accidents and dangerous occurrences. Therefore, the Committee requests the Government once again to provide information on the measures taken or envisaged to give full application to Article 13(2)(f) of the Convention.

Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

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 Conventions Nos 115 (radiation protection), 119 (guarding of machinery), 127 (maximum weight), 155 (OSH), 161 (occupational health services), 167 (OSH in construction), 176 (OSH in mining) and 187 (promotional framework for OSH) together.

The Committee notes the observations of the Confederation of Public Employees’ Trade Unions (KESK) on the application of Convention No. 155, received on 1 September 2021, and the response of the Government received on 19 November 2021. The Committee also notes the observations of the Turkish Confederation of Employers’ Associations (TISK) on Conventions Nos 115, 119, 127, 155, 161, 167, 176, 187, received on 8 September 2021.

COVID-19 measures. The Committee notes that, in reply to its previous request, the Government indicates in its report that an advisory board, consisting of 14 experts of public health, carried out studies regarding COVID-19 in workplaces. Accordingly, 36 guides and documents related to 24 different subject areas were prepared by taking into account the opinions of the scientific advisory board. The Government also enumerates the activities conducted by the Ministry of Family, Labour and Social Services to prepare informative and guidance material on OSH, and to raise awareness of the OSH system in various sectors of the economy. The Committee notes that, according to the Government, upon notifications and complaints related to COVID-19, a total of 4,630 workplaces were examined by the Directorate of Guidance and Inspection in 2020 and 2021. In addition, between January and April 2021, the Directorate conducted 2,773 scheduled and 723 unscheduled OSH inspections. The Committee takes note of this information, which addresses its previous request.

Articles 2, 3, 4(3)(a) and 5 of Convention No. 187, Articles 4, 7 and 8 of Convention No. 155, Article 1 of Convention No. 115, Article 16 of Convention No. 119, Article 8 of Convention No. 127, Articles 2 and 4 of Convention No. 161, Article 3 of Convention No. 167 and Article 3 of Convention No. 176. Continuous improvement of OSH in consultation with the most representative organizations of employers and workers and the national tripartite advisory body. National OSH policy and programme. In its previous comment, the Committee requested the Government to provide information on the review of its National OSH Policy and Action Plan for the period 2014–18, on the formulation and adoption of a new OSH policy and on the consultations held with the most representative organizations of employers and workers in this respect. The Committee notes that, in reply to its previous comments, the Government provides information on the actions undertaken within the annual performance indicators in each of the seven objectives set out in the National Action Plan 2014–18. The Committee also notes the Government’s indication that, following the amendment of section 21 of the Occupational Health and Safety Law No. 6331 (OSH Act), adopted by Decree-Law No. 703 of 2018, the National Occupational Health and Safety Council has been removed from the text of the OSH Act and references to the “National Occupational Health and Safety Council” in this law were replaced with a “Board or Authority under the Presidency”. In its observations, KESK reiterates that there were no meetings of the Council since 2018. The Government indicates, in its report and in its response to the KESK observations, that the National Occupational Health and Safety Board will be steered by the Social Policies Council of the Presidency and that regular meetings and consultations with the Presidency of the Republic of Turkey are ongoing in connection with the establishment of the chairmanship of the Board. The Committee notes with concern that the Board is not yet established and that the Government does not provide information concerning its composition and mandate regarding OSH. The Committee further notes that the Government refers to the content of the 11th Development Plan for 2019–23 and the target to increase the quality and efficiency of the services carried out in the field of OSH. The Committee also notes that, according to TISK, the Development Plan provides for the implementation of a series of measures in the field of OSH, such as training and seminars, studies on the compliance of work equipment with OSH standards, and the development of occupational standards and qualifications. However, the Committee notes that the Government does not provide information on the revision of the National OSH Policy and Action plan for 2014–18 and on progress made in the adoption of the new policy and programme. The Committee requests the Government to provide detailed information on the establishment, mandate and composition of the National OSH Board under the Presidency and in particular, to indicate if it includes representatives of employers’ and workers’ organizations. The Committee requests the Government once again to provide information on the review of its National OSH Policy and Action Plan for the period 2014–18, including the evaluation of progress made with the performance indicators. The Committee also requests the Government to provide information on the formulation and adoption of a new OSH policy and programme for the subsequent period. It requests the Government once again to provide detailed information on the consultations held with the most representative organizations of employers and workers in this respect.

Articles 2 and 3 of Convention No. 187 and Article 4 of Convention No. 155. Prevention as the aim of the national policy on OSH. The Committee notes the information provided by the Government regarding the prevention activities in the field of OSH, such as training, seminars, projects and publication of brochures and guides, carried out particularly in the construction, mining and agricultural sectors. The Committee also notes the information provided by the Government regarding the plan to establish an occupational accidents research centre that would examine occupational accidents, carry out studies with a preventive focus and ensure that necessary protection measures are adopted in advance. The Committee welcomes the detailed statistics provided by the Government covering the number of occupational accidents, fatal occupational accidents and occupational diseases by sectors, and the distribution of occupational diseases, according to age and gender for the period 2015–19. In addition, the Government provides information on the number of occupational accidents with a breakdown by causes, economic activity and gender for the years 2019 and 2020. The Committee further notes that, according to the figures provided by the Government, the number of occupational accidents in the construction, mining and agricultural sectors had an increasing trend between 2015 and 2018, but then decreased in 2019. The Committee notes that the most common causes of accidents are falls and those related to the use of machineries. In the framework of a national OSH policy and plan, as mentioned above, the Committee requests the Government to continue to provide information on the actions taken and the results achieved in order to promote, in consultation with the most representative organizations of employers and workers, basic principles such as assessing occupational risks or hazards; combating occupational risks or hazards at the source; and developing a national preventative safety and health culture that includes information, consultation and training. The Committee also requests the Government to continue to provide detailed information on the number of occupational accidents, including fatal accidents, in all sectors and workplaces. It also requests the Government to provide information regarding occupational diseases, including data disaggregated, by sector, age group, gender and type of occupational disease.

Articles 13 and 19(f) of Convention No. 155, Article 12(1) of Convention No. 167 and Article 13(1)(e) of Convention No. 176. Right of workers to remove themselves from danger. In its previous comment, the Committee requested the Government to take the necessary measures to ensure that national legislation or regulations provide that workers shall have the right to remove themselves from danger when they have good reason to believe that there is an imminent and serious danger (or in the case of workers in mines, when circumstances arise which appear, with reasonable justification, to pose a serious danger) to their safety or health. The Committee notes that the Government reaffirms that section 13(3) of the OSH Act, adopted by Decree-Law No. 703 of 2018, provides that workers are able to leave their place of work without going through the process of authorization foreseen in section 13(1) of the OSH Act, if the danger is serious, imminent and unavoidable. The Committee recalls that Article 13 of Convention No. 155, Article 12(1) of Convention No. 167 and Article 13(1)(e) of Convention No. 176 do not refer to a danger that is “unavoidable” and include situations where the workers have a good reason or a reasonable justification to believe that there is an imminent and serious danger. Therefore, the Committee urges the Government to adopt the necessary measures in order to give full effect to Articles 13 and 19(f) of Convention No. 155, Article 12(1) of Convention No. 167 and Article 13(1)(e) of Convention No. 176, by ensuring that national legislation or regulations provide that workers shall have the right to remove themselves from danger when they have a reasonable justification to believe that there is an imminent and serious danger (or in the case of workers in mines, when circumstances arise which appear, with reasonable justification, to pose a serious danger) to their safety or health.

The Committee is raising other matters in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

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 Conventions Nos 115 (radiation protection), 119 (guarding of machinery), 127 (maximum weight), 155 (OSH), 161 (occupational health services), 167 (OSH in construction), 176 (OSH in mining) and 187 (promotional framework for OSH) together.

The Committee takes note of the supplementary information on the ratified OSH Conventions provided by the Government in light of the decision adopted by the Governing Body at its 338th Session (June 2020).

The Committee also notes the observations of the Confederation of Public Employees’ Trade Unions (KESK) on the application of Conventions Nos 155 and 161, received on 31 August 2020, the observations of the Turkish Confederation of Employers’ Associations (TISK) on the application of Conventions Nos 115, 119, 127, 155, 161, 167, 176 and 187, received on 29 September 2020, and the observations of the Confederation of Public Servants Trade Unions (MEMUR-SEN) on the application of Convention No. 155, communicated with the Government’s supplementary report. In addition, the Committee notes the Government’s response to the observations of the KESK, received on 4 November 2020. The Committee proceeded with the examination of the application of Conventions Nos 115, 119, 127, 155, 161, 167, 176 and 187 on the basis of the supplementary information received from the Government and the social partners this year (see under legislative developments, each of the consolidated points below, and under Articles 6(2) and 7(2) of Convention No. 115, Article 11 of Convention No. 161, Article 6 of Convention No. 167, and Articles 5(2)(c) and (d) and 10(a) and (e) of Convention No. 176), as well as on the basis of the information at its disposal in 2019.

It notes the observations of the TISK, transmitted with the Government’s report in 2019 on Conventions Nos 115, 119, 127, 155, 161 and 187.

Article 4(2)(c) of Convention No. 187, Article 9 of Convention No. 155, Article 15 of Convention No. 115, Article 15 of Convention No. 119, Article 35 of Convention No. 167, and Article 16 of Convention No. 176. Mechanisms for ensuring compliance with national laws and regulations relating to OSH, including systems of inspections. The Committee notes from the information provided in the Government’s report on the application of the Labour Inspection Convention, 1947 (No. 81), that in 2018, 12,649 inspections in the area of OSH were conducted, 974 of which were carried out in the mining sector. The Government also indicates in its supplementary report on Convention No. 176 that there were 152 inspections in the mining sector in 2019. The Committee further notes that, according to the Government’s supplementary report on Convention No. 167, there were 1,858 inspections in 2018 and 513 inspections in 2019 in the construction sector. It also notes that the Government has not provided the requested information under Convention No. 115 on inspections undertaken regarding the appropriate monitoring of workers and workplaces in order to measure the exposure of workers to ionizing radiations. The Committee requests the Government to continue to provide detailed information on the number of inspections undertaken in this regard, disaggregated by inspections in the mining and construction sectors and with regard to the safe use of machinery, as well as statistical information on the inspection activities with regard to employers’ obligations concerning protection from ionizing radiation. In this respect, it requests the Government to provide information on the number of violations detected, the number and nature of penalties imposed and the orders to suspend operations. The Committee also requests the Government to indicate the reasons behind the significant decline in the number of inspections in the mining and construction sectors in 2019.

Article 11(c) of Convention No. 155 and Article 4(3)(f) of Convention No. 187. Mechanisms for the notification, collection and analysis of data on occupational injuries and diseases. The Committee previously noted the statement in the National OSH Policy Document for 2014–18 that there were problems in the detection and notification of occupational diseases. The Committee notes the Government’s indication, in response to the Committee’s request that since 2013, in line with European Union standards, annual statistics published by the Social Security Institution are based on notified occupational accidents, and no longer on the number of closed cases. The Government adds that since the second half of 2016, pre-diagnostic data on occupational diseases have been collected from hospitals on a monthly basis.

The Committee also notes the Government’s indication in its report on the implementation of Convention No. 176 that, for the purpose of collecting statistics, the Occupational Health and Safety Information Management System (İBYS) has been implemented by the Directorate General of OSH, and that notifications on accidents and diseases will be integrated into the system. The Committee notes the reference made by the TISK in its observations under Convention No. 155 to the legal requirements on notification and the penalties provided in the case of non-compliance with these requirements. In its supplementary report on Convention No. 176, the Government further refers to the implementation of the Workplace Information Management System (BIM), through which sectoral OSH statistics can be accessed. The Committee also notes the MEMUR-SEN’s reference to difficulties regarding the reporting of occupational diseases for public servants. The Committee requests the Government to provide its comments in this respect. The Committee also 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, including the operation of the İBYS and of the BIM.

Articles 13 and 19(f) of Convention No. 155, Article 12(1) of Convention No. 167 and Article 13(1)(e) of Convention No. 176. Right of workers to remove themselves from danger. The Committee previously noted 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 noted 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. In this respect, the Committee recalled 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 Conventions Nos 155, 167 and 176, as is any requirement that the danger be unavoidable (as specified in section 13(3)). The Committee notes the TISK’s observations that the OSH Act regulates the right to removal with a view to establishing a balance between protecting workers’ safety and avoiding unnecessary stoppages of work, and its view that section 13 of the OSH Act is in line with Convention No. 155. The Committee also notes the Government’s indication that in accordance with constitutional law, international agreements are directly applicable in national law and take primacy. The Committee recalls in this respect that Article 12(1) of Convention No. 167 and Article 13(1)(e) of Convention No. 176 require the right to removal to be specified in national laws or regulations. The Committee also recalls that Article 13 of Convention No. 155, Article 12(1) of Convention No. 167 and Article 13(1)(e) of Convention No. 176 do not refer to a danger that is “unavoidable”. The Committee once again requests the Government to take the necessary measures to give full effect to Articles 13 and 19(f) of Convention No. 155, Article 12(1) of Convention No. 167 and Article 13(1)(e) of Convention No. 176 by ensuring that national legislation or regulations provide that workers shall have the right to remove themselves from danger when they have good reason to believe that there is an imminent and serious danger (or in the case of workers in mines, when circumstances arise which appear, with reasonable justification, to pose a serious danger) to their safety or health.

Article 2 of Convention No. 155 and Article 3 of Convention No. 161. Scope of application. Progressive development of occupational health services for all workers and all branches of economic activity. The Committee previously noted the observations made by the KESK concerning the delay in the application of the OSH Act to public sector workers as regards sections 6 and 7 of that Act (on occupational health and safety services, i.e. the assignment of occupational specialists, occupational physicians and other health staff). The Committee notes the Government’s explanations in response to these observations that the application of sections 6 and 7 has been further delayed to July 2020. According to the KESK, as of August 2020, public institutions and workplaces with less than 50 workers, even if they fall in the category of hazardous workplaces, are not required to apply sections 6 and 7 of the OSH Act and that this obligation will only come into force on 1 July 2023. The KESK further states that trade unions were not consulted in the Government’s decisions regarding the delays. The Government does not provide a response on this issue. The Committee requests the Government to provide detailed information on the progress made towards the application of sections 6 and 7 of the OSH Act to public sector workers and to workplaces with less than 50 workers. It also requests the Government to provide information on the coverage of workers by occupational health services in practice in the different sectors, including construction, mining and agriculture and the public sector.

Occupational Health Services Convention, 1985 (No. 161)

Article 8 of the Convention. Cooperation between employers, workers and their representatives. The Committee notes the Government’s reference to section 18 of the OSH Act, in response to the observations made by the Confederation of Turkish Trade Unions (TÜRK-İŞ) regarding the modalities for the participation of workers’ representatives in decisions affecting the organization and operation of occupational health services. The Committee takes note of this information.

Article 9. Multidisciplinary nature of occupational health services. The Committee notes the Government’s indication, in response to its request, regarding the required technical background and certification of occupational safety specialists. However, the Committee notes that the Government does not provide information on whether there are any specific criteria regarding the composition of occupational health services so as to ensure the availability of experts from different disciplines. The Committee requests the Government to provide information on the criteria for ensuring that occupational health services are multidisciplinary to ensure the existence of a variety of technical and other required experience within these services (such as experts in occupational medicine, ergonomics, etc.).

Article 10. Professional independence of occupational health service personnel from employers, workers and their representatives. The Committee previously noted the observations made by the KESK that the sanctions provided for in the OSH Act for unjust dismissal of occupational safety experts (OSEs) for complying with their reporting obligations to the Ministry are not dissuasive. The Committee notes the Government’s indication, with reference to section 8 of the OSH Act as amended in 2015 by Act No. 6645, that penalties of at least one year’s salary payment to occupational safety experts provide safeguards against their dismissal for complying with their reporting obligations. The Committee takes note of this information.

Article 11. Qualifications required for occupational health service personnel. The Committee notes the Government’s indication, in response to its request, that priority is given to the determination of the required expertise of OSEs for occupational health services in the mining and construction sector, as occupational accidents and diseases are higher in these sectors than in others. The Government adds that sector-specific requirements may also be determined where necessary in other sectors. Moreover, the Committee understands from the Government’s indications, in response to the Committee’s request, that the possibility to have lower qualifications for personnel of occupational health personnel has been extended to July 2020. According to the KESK, section 8 (occupational physicians and occupational safety specialists) of the OSH Act will only come into force in July 2023 for public institutions and workplaces with less than 50 workers. In its response, the Government indicates that training on occupational diseases is being carried out for physicians in all provinces. The Committee requests the Government to provide information in respect of the alleged delay in the application of section 8 of the OSH Act, and to continue to provide information on the qualifications required for personnel providing occupational health services, according to the nature of the duties to be performed.

Radiation Protection Convention, 1960 (No. 115)

Legislative developments. The Committee notes the Government’s reference, in its supplementary report, to the adoption of Regulation No. 30435 of 2018 on Radiation Protection for Nuclear Facilities and Regulation No. 31159 of 2020 on Management of Radiation Emergencies. The Committee requests the Government to continue to provide information on legislative developments, and to provide a copy of the above regulations.

Articles 6(2) and 7(2) of the Convention. Dose limits in occupational exposure and dose limits for persons between 16 and 18 years of age. The Committee previously noted that the Radiation Safety Regulations, revised in 2010, provided an equivalent dose limit for the lens of the eye of 150 millisieverts (mSv) for radiation workers, and of 50 mSv for students and interns between 16 and 18 years whose education requires some level of exposure.

The Committee notes the Government’s indication, in response to the Committee’s request, that the Radiation Safety Regulations, are currently being reviewed, and are proposed to take into account the current dose limits as provided for by the European Council in 2013 and the International Atomic Energy Agency (IAEA) in 2014. The Committee once again refers to paragraphs 11 and 13 of its 2015 general observation, and draws the Government’s attention to the most recent recommendations of the International Commission of Radiological Protection which recommend, for radiation workers, an equivalent dose to the lens of the eye of 20 mSv per year, averaged over a period of five years, with no single year exceeding 50 mSv per year, and for students between the ages of 16 to 18 who use sources of radiation in the course of their studies, the dose limits are an equivalent dose to the lens of the eye of 20 mSv per year. The Committee notes with interest the Government’s indication in its supplementary report that Regulation No. 30435 of 2018 on Radiation Protection in Nuclear Facilities complies with these limits, and welcomes the Government’s indication that the same dose limits are being used in the draft Regulations on Radiation Protection. The Committee requests the Government to continue to provide information on measures taken to review the maximum permissible doses established, in light of current knowledge, with respect to the lens of the eye. It requests the Government to provide a copy of the revised Regulations on Radiation Protection, once adopted.

Articles 11, 12 and 13. Appropriate monitoring of workplaces and medical examinations. The Committee notes that the Government states that in 2014, within the framework of monitoring cases of exposure to high radiation doses, dosimeter services determined that the dose rate of 122 persons exceeded the level set during inspections (256 in 2013). Of the detected cases, one person was directed to health institutions for medical examinations and treatment (compared with five in 2013). The Committee notes the Government’s information on measures taken in practice to ensure the appropriate measuring of exposure of workers to ionizing radiations (including the calibration of radiation measuring devices, the provision of dosimeter services, and the examination of relevant data), as well as the requirement to conduct medical examinations at a yearly interval for certain workers. The Committee takes note of this information.

Maximum Weight Convention, 1967 (No. 127)

Article 3 of the Convention. Manual transport of a load likely to jeopardize the health and safety of the worker. The Committee previously noted the observations made by the TÜRK-İŞ that manual transport is widely used in various branches of industry where mechanical systems are frequently lacking and that difficulties arise in practice. In this respect, the Committee notes the Government’s reference, in response to its request, to the preparation of an implementation guide concerning the regulations on manual transport, which was published on the website of the Ministry of Family, Labour and Social Services and provides more detailed information about manual transport and relevant numerical data in this respect. The Committee requests the Government to continue to provide information on the practical measures taken or envisaged to ensure that workers shall not be required or be permitted to engage in the manual transport of a load which, by reason of its weight, is likely to jeopardise their health or safety. It requests the Government to provide information on the inspections carried out in this respect, shortcomings detected and remedial measures taken, if any.

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

Article 6 of the Convention. Cooperation at construction sites. In its previous comment, the Committee noted that the provisions on OSH committees at the workplace, pursuant to section 22 of the OSH Act and the Regulations on OSH Committees, only apply to permanent workplaces. It also noted the general provisions for consultations at workplaces (section 18 of the OSH Act) and that section 13 of the Regulations on Occupational Health and Safety in Construction provides that consultations shall be held with workers or their representatives 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. The Committee notes the Government’s reiterated reference, in response to the Committee’s request, to the above provisions, and to the advice given by labour inspectors during inspections regarding the importance of cooperation on OSH issues. The Committee once again 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. In this respect, it requests information on the manner in which section 13 of the Regulations on Occupational Health and Safety in Construction is applied in practice, specifying for example, the instances and frequency of consultations, the number of participants at the consultations (percentage relative to the size of the site), and how the size of the construction site and the degree of risk are taken into account.

Article 12(2). Duty of employers to stop operations in situations of imminent danger. The Committee previously noted 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. It also noted that 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 recalled 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 noted in this respect that the Convention does not require that the danger be serious or unavoidable. The Committee notes the Government’s indication that section 12 of the OSH Act is based on the requirements of European Union (EU) Directive 89/391/EEC. The Government adds that in accordance with constitutional law, international agreements are directly applicable in national law and take primacy. The Committee requests the Government to provide further information on the measures taken or envisaged 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. In this respect, noting the Government’s indication concerning the direct applicability of international agreements, it requests the Government to provide further information on the direct application of Article 12(2) of Convention No. 167 in practice.

Article 13(3). Appropriate precautions to protect persons present at or in the vicinity of a construction site. The Committee previously requested information on the precautions to be taken to protect persons in the vicinity of a construction site. The Committee notes the Government’s indication in response, concerning the additional requirements in the Regulations on Occupational Health and Safety in Construction as regards precautions to protect persons in the vicinity of a construction site, including the provision of screens of suitable material of sufficient height and strength around construction sites in residential areas (Annex 4B, section 62(c)).

Article 18. Work at heights. The Committee previously noted that the Action Plan on Safety and Health at Work (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 notes the Government’s indication in response to the Committee’s previous request that the proportion of fatal occupational accidents in the construction sector caused by falls from heights fell from 47.98 per cent in 2013 to 40.89 per cent in 2017. The Government adds that while the indicators in the Action Plan 2014–18 have not been met, it is planned to revise the relevant actions and indicators during the preparations of the 2019–23 Action Plan to provide for more effective actions to reduce occupational accidents after the restructuring of the OSH Council. 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 progress achieved with respect to revised performance indicators in the 2019-23 Action Plan once it is adopted, 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. In its previous comment, the Committee noted 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 notes that the Government refers, in response to the Committee’s request on work over water, to Regulation No. 28681 of 2013 on Emergency Situations at Workplaces, which provides that employers have to make arrangements concerning emergency situations, and to Annex 5 (the List of Works Involving Occupational Health and Safety Risks) of the Regulations on Occupational Health and Safety in Construction, which includes works where there is a risk of drowning. The Committee once again 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.

Article 24(a). Demolition works. The Committee previously noted that section 75 of Annex 4B of the Regulations on Occupational Health and Safety in Construction provides that demolition works are executed in accordance with the relevant standards and regulatory provisions and it requested information on the standards or regulations established. The Committee notes the Government’s reference, in response to its request, to the Code of Practice (No. 13633) on full and partial demolition and a guide for safe and healthy demolition works. The Committee takes note of this information.

Article 28(4). Waste disposal. The Committee notes the Government’s reference, in response to the Committee’s request regarding safe disposal of waste on a construction site, to Regulation No. 28539 of 2013, which provides for protection measures relating to demolition and removal work involving asbestos. The Government also states that symposiums and conferences have been organized for the construction sector which cover the safe disposal of wastes from construction sites. The Committee takes note of this information.

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

Articles 5(2)(c) and (d) and 10(e) of the Convention. 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 previously noted that section 14(2) of the OSH Act provides that the employer shall notify the national social security institution with respect to occupational accidents and diseases, but that this provision does not provide that employers shall report dangerous occurrences in mining and mine disasters that do not result in occupational injuries. The Committee notes the Government’s indications, in response to the Committee’s request, that employers are required to report incidents occurring in a mine even if they do not cause accidents. The Government adds that notifications on occupational accidents and diseases as well as dangerous occurrences in mines are proposed to be integrated in the İBYS in the coming years, which can be disaggregated by year, workplace size, number of workers, gender and province, but that this data is not foreseen for publication. The Government also indicates in its supplementary report that sectoral statistics on OSH can be accessed through the BIM. The Committee requests the Government to provide further information on the procedure for the notification of dangerous occurrences in mining, and to indicate if this notification is required in national legislation or regulations. The Committee also requests the Government to continue to provide information on the measures taken to compile and publish statistics on accidents, occupational diseases and dangerous occurrences in the mining sector. It further requests the Government to provide information on the planned publication of such data, as provided for in Article 5(2)(d).

Article 7(a). Design of mines. The Committee previously noted 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 notes that the Government has not provided the requested information on the application of this provision in practice. The Committee therefore once again 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 application in practice of section 5(1) of the Regulations on Occupational Health and Safety in Mining (such as the number of inspections conducted and the shortcomings observed).

Article 7(i). Obligation to stop operations and evacuate workers. The Committee previously noted, with reference to its comment above under Article 12(2) of Convention No. 167, that the Government referred to section 12 of the OSH Act. The Committee recalled 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. It also emphasized, that, unlike section 12 of the OSH Act, this obligation is not limited to cases of imminent or unavoidable danger. The Committee notes the Government’s indication, in response to the Committee’s request, that section 12 of the OSH Act is based on the requirements of EU Directive 89/391/EEC. The Government adds that in accordance with constitutional law, international agreements are directly applicable in national law and take primacy. The Committee requests the Government to provide further information on the measures taken or envisaged 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. In this respect, noting the Government’s indication concerning the direct applicability of international agreements, it requests the Government to provide further information on the direct application of Article 7(i) of the Convention in practice.

Article 10(a). Adequate training and comprehensible instructions. The Committee previously noted the provisions on the requirements of workers to provide training on safety and health risks to workers (sections 16 and 17 of the OSH Act and Annex 1 (paragraph 1.5) of the Regulations on Occupational Health and Safety in Mining). The Committee notes the Government’s reference, in response to the Committee’s request on the provision of this training in practice, that Annex 1 of the Regulations on the Vocational Training of Workers regarding Hazardous and Very Hazardous Work provides that it is compulsory for workers in mines to receive vocational training before they are hired. The Committee takes note of this information.

Article 12. Two or more employers undertaking activities at the same mine. The Committee previously noted 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. It requested information on section 5(1)(4) in practice. The Committee notes the Government’s indications, in response to its request, that where operating permits have been transferred to third parties, or where employers have subcontracted work, the responsibilities of each employer are controlled separately. It also notes the Government’s indication that during the last five years during inspections in mines, no penalties were applied. The Committee requests the Government to provide more detailed information on the implementation of section 5(1)(4) of the Regulations on Occupational Health and Safety in Mining as regards the responsibility for the coordination of measures by the employer that is primarily responsible for the safety of operations, including any violations detected in the course of inspections and subsequent penalties applied.

Article 13(2)(c) and (f). Right of workers’ safety and health representatives. The Committee notes the Government’s reference to legislation providing for the rights of workers’ safety and health representatives, and the employers’ possibility to have recourse to external technical support for the establishment of risk assessments, where applicable upon request made by the workers’ safety and health representative. The Committee also notes that the Government indicates, with respect to Article 13(2)(c), that there is nothing that prevents workers’ safety and health representatives from having recourse to advisers and independent experts. The Committee notes that the Government does not provide information on the right of workers’ representatives to receive notice of accidents and dangerous occurrences. The Committee requests the Government to provide further information on the measures taken or envisaged to guarantee the right of workers’ representatives to receive notice of accidents and dangerous occurrences, in accordance with Article 13(2)(f) of the Convention.

[The Government is asked to reply in full to the present comments in 2021.]

Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

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 Conventions Nos 115 (radiation protection), 119 (guarding of machinery), 127 (maximum weight), 155 (OSH), 161 (occupational health services), 167 (OSH in construction), 176 (OSH in mining) and 187 (promotional framework for OSH) together.

The Committee takes note of the supplementary information on the ratified OSH Conventions provided by the Government in light of the decision adopted by the Governing Body at its 338th Session (June 2020).

The Committee also notes the observations of the Confederation of Public Employees’ Trade Unions (KESK) on the application of Conventions Nos 155 and 161, received on 31 August 2020, the observations of the International Trade Union Confederation (ITUC) on the application of Conventions Nos 155, 167, 176 and 187, received on 16 September 2020, the observations of the Turkish Confederation of Employers’ Associations (TISK) on the application of Conventions Nos 115, 119, 127, 155, 161, 167, 176 and 187, received on 29 September 2020, and the observations of the Confederation of Public Servants Trade Unions (MEMUR-SEN) on the application of Convention No. 155, communicated with the Government’s supplementary report. In addition, the Committee notes the Government’s responses to the observations of the ITUC and the KESK, received on 4 November 2020. The Committee proceeded with the examination of the application of Conventions Nos 115, 119, 127, 155, 161, 167, 176 and 187 on the basis of the supplementary information received from the Government and the social partners this year, as well as on the basis of the information at its disposal in 2019.

COVID-19 measures. The Committee notes the observations of the TISK concerning measures taken in response to the COVID-19 pandemic, including the dissemination of general and sector-specific OSH and COVID-19 information by the General Directorate of Occupational Safety and Health, and measures taken by employers’ organizations and their member companies in the metal and textile sectors, such as the distribution of personal protective equipment. The Committee also notes the observations of the ITUC alleging that contagions and deaths due to COVID-19 have become worryingly predominant in factories. In this regard, the ITUC refers to: (i) the situation in a fish company where more than 1,000 employees allegedly work without preventive measures; and (ii) the alleged lack of preventive and protective measures for workers in the construction sector, and the dismissal of workers who raise concerns about OSH issues. The Committee notes the Government’s response to the ITUC’s observations regarding the actions it has taken in the COVID-19 context, including legislative changes and the provision of guidance materials, taking into account comparative practices. The Government states that necessary procedures regarding certain complaints duly made by employees have been carried out by the competent authorities. The Committee requests the Government to continue to provide information on the developments in this respect, including on the measures taken to ensure the application in practice of the ratified OSH Conventions in the COVID-19 context.

It notes the observations of the TISK, communicated with the Government’s report in 2019 on Conventions Nos 115, 119, 127, 155, 161 and 187.

Articles 2, 3, 4(3)(a) and 5 of Convention No. 187, Articles 4, 7 and 8 of Convention No. 155, Article 1 of Convention No. 115, Article 16 of Convention No. 119, Article 8 of Convention No. 127, Articles 2 and 4 of Convention No. 161, Article 3 of Convention No. 167 and Article 3 of Convention No. 176. Continuous improvement of occupational safety and health in consultation with the most representative organizations of employers and workers and the national tripartite advisory body. National OSH policy and programme. The Committee previously noted the Government’s indication that the tripartite National Occupational Safety and Health Council (National OSH Council) met twice a year, and had the objective of advising the Ministry of Family, Labour and Social Security and the Government on developing policies and strategies to improve OSH conditions. It also noted the adoption of the National OSH Policy (III) and National Action Plan for the period 2014–18, which included objectives related to the development of an occupational accident and disease statistics and recording system and the improved performance of occupational health services.

The Committee notes with concern the Government’s indication in its report that the last meeting of the National OSH Council was held in June 2018 and that the review of the National OSH Policy and Action Plan for 2014–18, and the adoption of a new OSH Policy and Action Plan for 2019–23, are still pending. The Committee recalls that the previous Regulations on the National OSH Council of 2013 specified that its composition included 13 representatives from the social partners (and 13 from public institutions), and it notes the Government’s indication that, pursuant to Decree-Law No. 703 of 2018, the National OSH Council will be reorganized and its new members will be nominated by the President. In this regard, the Committee notes the concerns of the KESK that there have been no meetings of the National OSH Council since 2018, which is confirmed by the Government’s response. The Committee also notes the MEMUR-SEN’s observation regarding the need for social dialogue mechanisms to establish a schedule of occupational diseases. The Government also provides information, in response to the Committee’s request, on the progress achieved with respect to the annual performance indicators in each of the seven objectives set out in the National Action Plan 2014–18. The Committee further notes the Government’s reference to tripartite meetings and consultations with sector representatives in the construction and mining sectors, and the observations made by the TISK on the application of Convention No. 155 stating that steps are being taken to improve social dialogue in the area of OSH. The Committee nevertheless notes the KESK’s observation that the National Action Plan 2019–23 has yet to be adopted. The Committee requests the Government to provide information on the review undertaken of the National OSH policy and Action Plan for the period 2014–18, including the evaluation of the progress made with the performance indicators. It requests the Government to provide information on the formulation and adoption of a new OSH policy and programme for the subsequent period. It requests the Government to provide information on the consultations held with the most representative organizations of employers and workers in this respect. The Committee further requests the Government to provide information on the re-establishment of the National OSH Council and to indicate if it includes representatives of employers’ and workers’ organizations. Finally, the Committee requests the Government to provide its comments in respect of the MEMUR-SEN’s observations on the need to establish a schedule of occupational diseases in consultation with social partners.

Articles 2 and 3 of Convention No. 187 and Article 4 of Convention No. 155. Prevention as the aim of the national policy on OSH. In its previous comments, the Committee noted the proposed measures in the National OSH Policy Document III (2014–18) to reduce occupational accidents in the metal, construction and mining sectors.

The Committee welcomes the detailed information provided by the Government, in response to its request, on the application in practice of Conventions Nos 167 and 176, including the number of occupational accidents and fatal occupational accidents. The Committee notes the Government’s indication that, while desired levels in the performance indicators in the National Policy Document III (2014–18) have not been reached, efforts to reduce occupational accidents and occupational diseases continue. The Government states that there are plans to revise the relevant targets and indicators in the preparation of the 2019–23 Action Plan to provide for more effective actions, after the restructuring of the National OSH Council. In this regard, the Committee also welcomes the information provided by the Government concerning several activities in the construction sector to reduce occupational accidents and the Government’s reference to the imminent launch of a major project to improve OSH in the mining sector. In addition, the Committee notes the observations of the TISK concerning the publication of two communications on major industrial accidents in June and July 2020. The Committee notes, however, with concern the Government’s indication that, in 2017, there were 587 fatal occupational accidents in the construction sector and 86 such accidents in the mining sector. The Committee also notes that, according to the ITUC, the number of fatal occupational accidents has increased in 2020 compared to 2019, with the main causes of fatalities being crush syndrome, traffic-related incidents and falls. In this respect, the Committee notes the Government’s response that the number of accidents should not be examined in isolation, but should be evaluated over the years, against OSH conditions and the number of employees in the country. The MEMUR-SEN also alleges the existence of insufficiencies regarding various aspects of the national OSH system, and a high number of industrial accidents per day. The Committee requests the Government to provide its comments in respect of the MEMUR-SEN’s observations. The Committee also requests the Government to continue to take measures to reduce occupational accidents in the sectors and workplaces where workers are particularly at risk (particularly in the metal, mining and construction sector and where workers use machinery). It requests the Government to continue to provide detailed information on the number of occupational accidents, including fatal occupational accidents, in all sectors and workplaces. It also requests the Government to provide information regarding occupational diseases, including the number of cases of occupational disease recorded disaggregated, if possible, by sector, age group and gender.

The Committee is raising other matters in a request addressed directly to the Government.

[The Government is asked to reply in full to the present comments in 2021.]

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

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 Conventions Nos 115 (radiation protection), 119 (guarding of machinery), 127 (maximum weight), 155 (OSH), 161 (occupational health services), 167 (OSH in construction), 176 (OSH in mining) and 187 (promotional framework for OSH) together.

It notes the observations of the Turkish Confederation of Employers’ Associations (TISK), transmitted with the Government’s report on Conventions Nos 115, 119, 127, 155, 161 and 187.

Article 4(2)(c) of Convention No. 187, Article 9 of Convention No. 155, Article 15 of Convention No. 115, Article 15 of Convention No. 119, Article 35 of Convention No. 167, and Article 16 of Convention No. 176. Mechanisms for ensuring compliance with national laws and regulations relating to OSH, including systems of inspections. The Committee notes from the information provided in the Government’s report on the application of the Labour Inspection Convention, 1947 (No. 81), that in 2018, 12,649 inspections in the area of OSH were conducted, 974 of which were carried out in the mining sector. The Committee notes that no information on inspections undertaken in 2018 was provided by the Government concerning the construction sector. It also notes that the Government has not provided the requested information under Convention No. 115 on inspections undertaken regarding the appropriate monitoring of workers and workplaces in order to measure the exposure of workers to ionizing radiations, nor under Convention No. 119 on inspections as regards employers obligations with respect to machinery. The Committee requests the Government to provide detailed information on the number of inspections disaggregated by inspections in the mining and construction sectors, as well as statistical information on the inspection activities with regard to employers’ obligations concerning protection from ionizing radiation and the safe use of machinery. In this respect, it requests the Government to provide information on the number of violations detected, the number and nature of penalties applied and the orders to suspend operations.

Article 11(c) of Convention No. 155 and Article 4(3)(f) of Convention No. 187. Mechanisms for the notification, collection and analysis of data on occupational injuries and diseases. The Committee previously noted the statement in the National OSH Policy Document for 2014–18 that there were problems in the detection and notification of occupational diseases. The Committee notes the Government’s indication, in response to the Committee’s request that since 2013, in line with European Union standards, annual statistics published by the Social Security Institution are based on notified occupational accidents, and no longer on the number of closed cases. The Government adds that since the second half of 2016, pre-diagnoses data on occupational diseases have been collected from hospitals on a monthly basis.

The Committee also notes the Government’s indication in its report on the implementation of Convention No. 176 that, for the purpose of collecting statistics, the Occupational Health and Safety Information Management System (İBYS) has been implemented by the Directorate General of OSH, and that notifications on accidents and diseases will be integrated into the system. The Committee further notes the reference made by the TISK in its observations under Convention No. 155 to the legal requirements on notification and the penalties provided in the case of non-compliance with these requirements. 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, including the operation of the Occupational Health and Safety Information Management System (İBYS).

Articles 13 and 19(f) of Convention No. 155, Article 12(1) of Convention No. 167 and Article 13(1)(e) of Convention No. 176. Right of workers to remove themselves from danger. The Committee previously noted 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 noted 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. In this respect, the Committee recalled 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 Conventions Nos 155, 167 and 176, as is any requirement that the danger be unavoidable (as specified in section 13(3)). The Committee notes the Government’s indication that in accordance with constitutional law, international agreements are directly applicable in national law and take primacy. The Committee recalls in this respect that Article 12(1) of Convention No. 167 and Article 13(1)(e) of Convention No. 176 require the right to removal to be specified in national laws or regulations. The Committee once again requests the Government to take the necessary measures to give full effect to Articles 13 and 19(f) of Convention No. 155, Article 12(1) of Convention No. 167 and Article 13(1)(e) of Convention No. 176 by ensuring that national legislation or regulations provide that workers shall have the right to remove themselves from danger when they have good reason to believe that there is an imminent and serious danger (or in the case of workers in mines, when circumstances arise which appear, with reasonable justification, to pose a serious danger) to their safety or health.

Article 2 of Convention No. 155 and Article 3 of Convention No. 161. Scope of application. Progressive development of occupational health services for all workers and all branches of economic activity. The Committee previously noted the observations made by the Confederation of Public Employees’ Trade Unions (KESK) concerning the delay in the application of the OSH Act to public sector workers as regards sections 6 and 7 of that Act (on occupational health and safety services, i.e. the assignment of occupational specialists, occupational physicians and other health staff). The Committee notes the Government’s explanations in response to these observations that the application of sections 6 and 7 has been further delayed to July 2020. The Committee requests the Government to provide information on the progress made towards the application of sections 6 and 7 of the OSH Act to public sector workers. It also requests the Government to provide information on the coverage of workers by occupational health services in practice in the different sectors, including construction, mining and agriculture and the public sector.

Occupational Health Services Convention, 1985 (No. 161)

Article 8 of the Convention. Cooperation between employers, workers and their representatives. The Committee notes the Government’s reference to section 18 of the OSH Act, in response to the observations made by the Confederation of Turkish Trade Unions (TÜRK-İŞ) regarding the modalities for the participation of workers’ representatives in decisions affecting the organization and operation of occupational health services. The Committee takes note of this information.

Article 9. Multidisciplinary nature of occupational health services. The Committee notes the Government’s indication, in response to its request, regarding the required technical background and certification of occupational safety specialists. However, the Committee notes that the Government does not provide information on whether there are any specific criteria regarding the composition of occupational health services so as to ensure the availability of experts from different disciplines. The Committee requests the Government to provide information on the criteria for ensuring that occupational health services are multidisciplinary to ensure the existence of a variety of technical and other required experience within these services (such as experts in occupational medicine, ergonomics, etc.).

Article 10. Professional independence of occupational health service personnel from employers, workers and their representatives. The Committee previously noted the observations made by the KESK that the sanctions provided for in the OSH Act for unjust dismissal of occupational safety experts (OSEs) for complying with their reporting obligations to the Ministry are not dissuasive. The Committee notes the Government’s indication, with reference to section 8 of the OSH Act as amended in 2015 by Act No. 6645, that penalties of at least one year’s salary payment to occupational safety experts provide safeguards against their dismissal for complying with their reporting obligations. The Committee takes note of this information.

Article 11. Qualifications required for occupational health service personnel. The Committee notes the Government’s indication, in response to its request, that priority is given to the determination of the required expertise of OSEs for occupational health services in the mining and construction sector, as occupational accidents and diseases are higher in these sectors than in others. The Government adds that sector-specific requirements may also be determined where necessary in other sectors. Moreover, the Committee understands from the Government’s indications, in response to the Committee’s request, that the possibility to have lower qualifications for personnel of occupational health personnel has been extended to July 2020. The Committee requests the Government to continue to provide information on the qualifications required for personnel providing occupational health services, according to the nature of the duties to be performed.

Radiation Protection Convention, 1960 (No. 115)

Articles 6(2) and 7(2) of the Convention. Dose limits in occupational exposure and dose limits for persons between 16 and 18 years of age. The Committee previously noted that the Radiation Safety Regulations, revised in 2010, provided an equivalent dose limit for the lens of the eye of 150 mSv for radiation workers, and of 50 mSv for students and interns between 16 and 18 years whose education requires some level of exposure.

The Committee notes the Government’s indication, in response to the Committee’s request, that the Radiation Safety Regulations, are currently being reviewed, and are proposed to take into account the current dose limits as provided for by the European Council in 2013 and the International Atomic Energy Agency (IAEA) in 2014. The Committee once again refers to paragraphs 11 and 13 of its 2015 general observation, and draws the Government’s attention to the most recent recommendations of the International Commission of Radiological Protection which recommend, for radiation workers, an equivalent dose to the lens of the eye of 20 mSv per year, averaged over a period of five years, with no single year exceeding 50 mSv per year, and for students between the ages of 16 to 18 who use sources of radiation in the course of their studies, the dose limits are an equivalent dose to the lens of the eye of 20 mSv per year. It recalls that these limits provide for more protection than the limits provided in the current Radiation Safety Regulations. The Committee requests the Government to provide information on measures taken to review the maximum permissible doses established, in light of current knowledge, with respect to the lens of the eye. It requests the Government to provide a copy of the revised Regulations, once adopted.

Articles 11, 12 and 13. Appropriate monitoring of workplaces and medical examinations. The Committee notes that the Government states that in 2014, within the framework of monitoring cases of exposure to high radiation doses, dosimeter services determined that the dose rate of 122 persons exceeded the level set during inspections (256 in 2013). Of the detected cases, one person was directed to health institutions for medical examinations and treatment (compared with five in 2013). The Committee notes the Government’s information on measures taken in practice to ensure the appropriate measuring of exposure of workers to ionizing radiations (including the calibration of radiation measuring devices, the provision of dosimeter services, and the examination of relevant data), as well as the requirement to conduct medical examinations at a yearly interval for certain workers. The Committee takes note of this information.

Maximum Weight Convention, 1967 (No. 127)

Article 3 of the Convention. Manual transport of a load likely to jeopardize the health and safety of the worker. The Committee previously noted the observations made by the TÜRK-İŞ that manual transport is widely used in various branches of industry where mechanical systems are frequently lacking and that difficulties arise in practice. In this respect, the Committee notes the Government’s reference, in response to its request, to the preparation of an implementation guide concerning the regulations on manual transport, which was published on the website of the Ministry of Family, Labour and Social Services and provides more detailed information about manual transport and relevant numerical data in this respect. The Committee requests the Government to continue to provide information on the practical measures taken or envisaged to ensure that workers shall not be required or permitted to engage in the manual transport of a load which, by reason of its weight, is likely to jeopardise their health or safety. It requests the Government to provide information on the inspections carried out in this respect, shortcomings detected and remedial measures taken, if any.

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

Article 6. Cooperation at construction sites. In its previous comment, the Committee noted that the provisions on OSH committees at the workplace, pursuant to section 22 of the OSH Act and the Regulations on OSH Committees, only apply to permanent workplaces. It also noted the general provisions for consultations at workplaces (section 18 of the OSH Act) and that section 13 of the Regulations on Occupational Health and Safety in Construction provides that consultations shall be held with workers or their representatives 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. The Committee notes the Government’s reiterated reference, in response to the Committee’s request, to the above provisions, and to the advice given by labour inspectors during inspections regarding the importance of cooperation on OSH issues. The Committee once again 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. In this respect, it requests information on the manner in which section 13 of the Regulations on Occupational Health and Safety in Construction is applied in practice, specifying for example, the instances and frequency of consultations and how the size of the construction site and the degree of risk are taken into account.

Article 12(2). Duty of employers to stop operations in situations of imminent danger. The Committee previously noted 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. It also noted that 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 recalled 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 noted in this respect that the Convention does not require that the danger be serious or unavoidable. The Committee notes the Government’s indication that section 12 of the OSH Act is based on the requirements of European Union (EU) Directive 89/391/EEC. The Government adds that in accordance with constitutional law, international agreements are directly applicable in national law and take primacy. The Committee requests the Government to provide further information on the measures taken or envisaged 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. In this respect, noting the Government’s indication concerning the direct applicability of international agreements, it requests the Government to provide further information on the direct application of Article 12(2) of Convention No. 167 in practice.

Article 13(3). Appropriate precautions to protect persons present at or in the vicinity of a construction site. The Committee previously requested information on the precautions to be taken to protect persons in the vicinity of a construction site. The Committee notes the Government’s indication in response, concerning the additional requirements in the Regulations on Occupational Health and Safety in Construction as regards precautions to protect persons in the vicinity of a construction site, including the provision of screens of suitable material of sufficient height and strength around construction sites in residential areas (Annex 4B, section 62(c)).

Article 18. Work at heights. The Committee previously noted that the Action Plan on Safety and Health at Work (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 notes the Government’s indication in response to the Committee’s previous request that the proportion of fatal occupational accidents in the construction sector caused by falls from heights fell from 47.98 per cent in 2013 to 40.89 per cent in 2017. The Government adds that while the indicators in the Action Plan 2014–18 have not been met, it is planned to revise the relevant actions and indicators during the preparations of the 2019–23 Action Plan to provide for more effective actions to reduce occupational accidents after the restructuring of the OSH Council. 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 progress achieved with respect to revised performance indicators in the 2019-23 Action Plan once it is adopted, 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. In its previous comment, the Committee noted 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 notes that the Government refers, in response to the Committee’s request on work over water, to Regulation No. 28681 of 2013 on Emergency Situations at Workplaces, which provides that employers have to make arrangements concerning emergency situations, and to Annex 5 (the List of Works Involving Occupational Health and Safety Risks) of the Regulations on Occupational Health and Safety in Construction, which includes works where there is a risk of drowning. The Committee once again 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.

Article 24(a). Demolition works. The Committee previously noted that section 75 of Annex 4B of the Regulations on Occupational Health and Safety in Construction provides that demolition works are executed in accordance with the relevant standards and regulatory provisions and it requested information on the standards or regulations established. The Committee notes the Government’s reference, in response to its request, to the Code of Practice (No. 13633) on full and partial demolition and a guide for safe and healthy demolition works. The Committee takes note of this information.

Article 28(4). Waste disposal. The Committee notes the Government’s reference, in response to the Committee’s request regarding safe disposal of waste on a construction site, to Regulation No. 28539 of 2013, which provides for protection measures relating to demolition and removal work involving asbestos. The Government also states that symposiums and conferences have been organized for the construction sector which cover the safe disposal of wastes from construction sites. The Committee takes note of this information.

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

Articles 5(2)(c) and (d) and 10(e) of the Convention. 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 previously noted that section 14(2) of the OSH Act provides that the employer shall notify the national social security institution with respect to occupational accidents and diseases, but that this provision does not provide that employers shall report dangerous occurrences in mining and mine disasters that do not result in occupational injuries. The Committee notes the Government’s indications, in response to the Committee’s request, that employers are required to report incidents occurring in a mine even if they do not cause accidents. The Government adds that notifications on occupational accidents and diseases as well as dangerous occurrences in mines are proposed to be integrated in the Occupational Health and Safety Information System (İBYS) in the coming years, which can be disaggregated by year, workplace size, number of workers, gender and province, but that this data is not foreseen for publication. The Committee requests the Government to provide further information on the procedure for the notification of dangerous occurrences in mining, and to indicate if this notification is required in national legislation or regulations. The Committee also requests the Government to provide further information on the proposed measures taken to compile and publish statistics on accidents, occupational diseases and dangerous occurrences in the mining sector. It further requests the Government to provide information on the planned publication of such data, as provided for in Article 5(2)(d).

Article 7(a). Design of mines. The Committee previously noted 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 notes that the Government has not provided the requested information on the application of this provision in practice. The Committee therefore once again 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 application in practice of section 5(1) of the Regulations on Occupational Health and Safety in Mining (such as the number of inspections conducted and the shortcomings observed).

Article 7(i). Obligation to stop operations and evacuate workers. The Committee previously noted, with reference to its comment above under Article 12(2) of Convention No. 167, that the Government referred to section 12 of the OSH Act. The Committee recalled 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. It also emphasized, that, unlike section 12 of the OSH Act, this obligation is not limited to cases of imminent or unavoidable danger. The Committee notes the Government’s indication, in response to the Committee’s request, that section 12 of the OSH Act is based on the requirements of EU Directive 89/391/EEC. The Government adds that in accordance with constitutional law, international agreements are directly applicable in national law and take primacy. The Committee requests the Government to provide further information on the measures taken or envisaged 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. In this respect, noting the Government’s indication concerning the direct applicability of international agreements, it requests the Government to provide further information on the direct application of Article 7(i) of the Convention in practice.

Article 10(a). Adequate training and comprehensible instructions. The Committee previously noted the provisions on the requirements of workers to provide training on safety and health risks to workers (sections 16 and 17 of the OSH Act and Annex 1 (paragraph 1.5) of the Regulations on Occupational Health and Safety in Mining). The Committee notes the Government’s reference, in response to the Committee’s request on the provision of this training in practice, that Annex 1 of the Regulations on the Vocational Training of Workers regarding Hazardous and Very Hazardous Work provides that it is compulsory for workers in mines to receive vocational training before they are hired. The Government also indicates that during inspections, the provision of training of workers is monitored. The Committee takes note of this information.

Article 12. Two or more employers undertaking activities at the same mine. The Committee previously noted 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. It requested information on section 5(1)(4) in practice. The Committee notes the Government’s indications, in response to its request, that where operating permits have been transferred to third parties, or where employers have subcontracted work, the responsibilities of each employer are controlled separately. It also notes the Government’s indication that during the last five years during inspections in mines, no penalties were applied. The Committee requests the Government to provide more detailed information on the implementation of section 5(1)(4) of the Regulations on Occupational Health and Safety in Mining as regards the responsibility for the coordination of measures by the employer that is primarily responsible for the safety of operations, including any violations detected in the course of inspections and subsequent penalties applied.

Article 13(2)(c) and (f). Right of workers’ safety and health representatives. The Committee notes the Government’s reference to legislation providing for the rights of workers’ safety and health representatives, and the employers’ possibility to have recourse to external technical support for the establishment of risk assessments, where applicable upon request made by the workers’ safety and health representative. The Committee also notes that the Government indicates, with respect to Article 13(2)(c), that there is nothing that prevents workers’ safety and health representatives from having recourse to advisors and independent experts. The Committee notes that the Government does not provide information on the right of workers’ representatives to receive notice of accidents and dangerous occurrences. The Committee requests the Government to provide further information on the measures taken or envisaged to guarantee the right of workers’ representatives to receive notice of accidents and dangerous occurrences, in accordance with Article 13(2)(f) of the Convention.

[The Government is asked to reply in full to the present comments in 2021.]

Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

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 Conventions Nos 115 (radiation protection), 119 (guarding of machinery), 127 (maximum weight), 155 (OSH), 161 (occupational health services), 167 (OSH in construction), 176 (OSH in mining) and 187 (promotional framework for OSH) together.

It notes the observations of the Turkish Confederation of Employers’ Associations (TISK), communicated with the Government’s report on Conventions Nos 115, 119, 127, 155, 161 and 187.

Articles 2, 3, 4(3)(a) and 5 of Convention No. 187, Articles 4, 7 and 8 of Convention No. 155, Article 1 of Convention No. 115, Article 16 of Convention No. 119, Article 8 of Convention No. 127, Articles 2 and 4 of Convention No. 161, Article 3 of Convention No. 167 and Article 3 of Convention No. 176. Continuous improvement of occupational safety and health in consultation with the most representative organizations of employers and workers and the national tripartite advisory body. National OSH policy and programme. The Committee previously noted the Government’s indication that the tripartite National Occupational Safety and Health Council (National OSH Council) met twice a year, and had the objective of advising the Ministry of Family, Labour and Social Security and the Government on developing policies and strategies to improve OSH conditions. It also noted the adoption of the National OSH Policy (III) and National Action Plan for the period 2014–18, which included objectives related to the development of an occupational accident and disease statistics and recording system and the improved performance of occupational health services.

The Committee notes with concern the Government’s indication in its report that the last meeting of the National OSH Council was held in June 2018 and that the review of the National OSH Policy and Action Plan for 2014–18, and the adoption of a new OSH Policy and Action Plan for 2019–23, are still pending. The Committee recalls that the previous Regulations on the National OSH Council of 2013 specified that its composition included 13 representatives from the social partners (and 13 from public institutions), and it notes the Government’s indication that, pursuant to Decree-Law No. 703 of 2018, the National OSH Council will be reorganized and its new members will be nominated by the President. The Government also provides information, in response to the Committee’s request, on the progress achieved with respect to the annual performance indicators in each of the seven objectives set out in the National Action Plan 2014–18. The Committee further notes the Government’s reference to tripartite meetings in the construction and mining sectors, and the observations made by the TISK on the application of Convention No. 155 stating that steps are being taken to improve social dialogue in the area of OSH. The Committee requests the Government to provide information on the review undertaken of the National OSH policy and Action Plan for the period 2014–18, including the evaluation of the progress made with the performance indicators, as well as the formulation of a new OSH policy and programme for the subsequent period. It requests the Government to provide information on the consultations held with the most representative organizations of employers and workers in this respect. It further requests the Government to provide information on the re-establishment of the National OSH Council and to indicate if it includes representatives of employers’ and workers’ organizations.

Articles 2 and 3 of Convention No. 187 and Article 4 of Convention No. 155. Prevention as the aim of the national policy on OSH. In its previous comments, the Committee noted the proposed measures in the National OSH Policy Document III (2014–18) to reduce occupational accidents in the metal, construction and mining sectors.

The Committee welcomes the detailed information provided by the Government, in response to its request, on the application in practice of Conventions Nos 167 and 176, including the number of occupational accidents and fatal occupational accidents. The Committee notes the Government’s indication that, while desired levels in the performance indicators in the National Policy Document III (2014–18) have not been reached, efforts to reduce occupational accidents and occupational diseases continue. The Government states that there are plans to revise the relevant targets and indicators in the preparation of the 2019–2023 Action Plan to provide for more effective actions, after the restructuring of the National OSH Council. In this regard, the Committee also welcomes the information provided by the Government concerning several activities in the construction sector to reduce occupational accidents and the Government’s reference to the imminent launch of a major project to improve OSH in the mining sector. It also notes with concern the Government’s indication that, in 2017, there were 587 fatal occupational accidents in the construction sector and 86 such accidents in the mining sector. The Committee requests the Government to continue to take measures to reduce occupational accidents in the sectors and workplaces where workers are particularly at risk (particularly in the metal, mining and construction sector and where workers use machinery). It requests the Government to continue to provide detailed information on the number of occupational accidents, including fatal occupational accidents, in all sectors and workplaces. It also requests the Government to provide information regarding occupational diseases, including the number of cases of occupational disease recorded and, if possible, disaggregated by sector, age group and gender.

The Committee is raising other matters in a request addressed directly to the Government.

[The Government is asked to reply in full to the present comments in 2021.]

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

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.

Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

Article 17 of the Convention. Applicability of the Convention to all branches of economic activity. The Committee notes that the regulation on the health and safety conditions in using work equipment, attached to the Government’s report, applies only to workplaces covered by the Labour Law dated 22 May 2003 (No. 4857), and that the implementing regulation on duties, competence, responsibilities and working principles of the engineers or technical personnel in charge of occupational safety, dated 20 January 2004, No. 25352, applies only to industrial workplaces employing at least 50 permanent workers and where permanent work over six months takes place. Noting that section 4 of Labour Law No. 4857 excludes a number of workplaces and economic activity from its scope of application, the Committee asks the Government to take measures in law and in practice to ensure full effect is given to the provisions of this Article.

Part V of the report form in conjunction with Article 15. Application in practice and appropriate inspection services for the purpose of supervising the application of the provisions of the Convention. The Committee notes the information provided by the Government in its reports under the Occupational Safety and Health Convention, 1981 (No. 155), and the Labour Inspection Convention, 1947 (No. 81), however the Committee notes that the Government has not responded to the concerns raised by the Confederation of Progressive Trade Unions of Turkey (DİSK) and the Turkish Confederation of Public Workers Associations (TÜRKIYE KAMU-SEN). The Committee therefore reiterates its request that the Government provide information on the application of the Convention, with particular regards to Articles 2, 6 and 10 of the Convention, on the availability of appropriate inspection services as required by Article 15, and on measures taken or envisaged to address the high number of workplace fatalities and accidents caused by machinery.

Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes that the Government’s report has not been received. 

Article 17 of the Convention. Applicability of the Convention to all branches of economic activity. With reference to its previous comments, the Committee notes the Government’s statement that the scope of the acts and regulations that came into force in recent years is broader than that of the regulation on the guarding of machinery and that the criteria set forth in Law No. 4703 on reliable products are applicable not only to machinery used in the industrial and commercial sectors but also to machinery used in all sectors of the economy. The Committee also notes the observation by the Turkish Confederation of Employers’ Associations (TISK) submitted in 2004 alleging that, in their view, national legislation complies with the requirements of the Convention. The Committee requests the Government to indicate, with reference to relevant legislative provisions, how effect is given to this Article.

Part V of the report form and Article 15. Application in practice and appropriate inspection services for the purpose of supervising the application of the provisions of the Convention. The Committee notes the information in the Government’s latest report that the Board of Labour Inspection of the Ministry of Labour and Social Security carried out, in 2003 and 2004, a number of projects for the effective inspection of hazardous economic sectors in terms of occupational safety and health. It notes that inspections to ensure effective control of all the sectors of the economy, including the informal economy, will continue to be carried out in the coming years. Against this background, the Committee notes the observations by the Confederation of Progressive Trade Unions of Turkey (DISK) alleging that Articles 2, 6 and 10 of the Convention are not applied in practice and that the inspection services required in Article 15 are “extremely sporadic and ineffective,” and that 8,771 of the 72,367 industrial accidents registered in 2001 (i.e. 12 per cent) were caused directly by machinery. The Turkish Confederation of Public Workers Associations (TÜRKIYE KAMU‑SEN) also observed that workplace fatalities and accidents that occur are frequently related to machinery, but that TÜRKIYE KAMU-SEN did not dispose of any specific statistics. The Committee requests the Government to respond to the observations by the DISK and the TÜRKIYE KAMU-SEN regarding the application of the Convention, the availability of appropriate inspection services and to provide detailed information regarding the application of the Convention in practice including, for instance, extracts from official reports.

[The Government is asked to reply in detail to the present comments in 2010.]

Observation (CEACR) - adopted 2004, published 93rd ILC session (2005)

1. The Committee notes the information provided by the Government in its report, as well as the Framework Law No. 4703 for harmonizing national legislation with community legislation (Acquis Communautaire) and of the Safety of Machinery Implementing Regulations prepared following Decisions Nos. 1/28 and 2/97 of the Turkey-EU Association Council. The Committee also notes the adoption of the new Labour Act No. 4857 of 25/05/2003, the Regulation on the conditions for health and safety on using working equipment No. 25370 of 11/01/2004, and the Regulations on working methods and procedures and the tasks, authority and responsibilities of engineers or technical staff responsible for occupational safety, which came into force on 20 January  2004. The Committee requests the Government to provide a version of Law No. 4703 in one of the ILO working languages and of the above Regulations, so that it can examine the extent to which these texts give effect to the provisions of the Convention.

2. Article 17 of the Convention (the applicability of the Convention to all branches of economic activity). With reference to its previous comments, the Committee notes the Government’s statement that the scope of the acts and regulations that came into force in recent years is broader than that of the regulation on the guarding of machinery and that the criteria set forth in Law No. 4703 on reliable products are applicable not only to machinery used in the industrial and commercial sectors but also to machinery used in all sectors of the economy. The Committee will examine the relevant provisions of the Acts once the texts in one of the ILO working languages are available.

3. Article 15 and Part V of the report form (appropriate inspection services for the purpose of supervising the application of the provisions of the Convention). The Committee notes that the Board of Labour Inspection of the Ministry of Labour and Social Security has carried out, in 2003 and 2004, a number of projects for the effective inspection of hazardous economic sectors in terms of occupational health and safety. It notes that inspections to ensure effective control of all the sectors of the economy, including the informal economy, will continue to be carried out in the coming years. The Committee requests the Government to continue to provide information on the practical application of the Convention, including any difficulties encountered, as well as information on the results of the inspections carried out.

4. The Committee takes note of the comments on the application of the Convention made by the Turkish Confederation of Employers Associations (TISK), the Confederation of Progressive Trade Unions of Turkey (DISK) and of the Confederation of Public Employees’ Unions of Turkey (TÜRKIYE KAMU-SEN). The Committee will examine these comments at its next session, together with any observations that the Government may wish to make in response to these comments.

Observation (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes the Government’s report indicating the adoption by the Grand National Assembly of Turkey (TBMM) of Framework Law No. 4703 for harmonizing national legislation with the Community legislation (Acquis Communautaire) which came into force on 11 January 2002, and of the promulgation in the Official Gazette on 5 June 2002 of the Safety of Machinery Implementing Regulations prepared following Decisions Nos. 1/28 and 2/97 of the Turkey-EU Association Council. The Committee would be grateful if the Government could provide copies of the said Law and Regulations.

The Committee notes the Government’s replies to its previous comments based on the observations made by the Turkish Confederation of Employer Associations (TISK) and the Confederation of Turkish Trade Unions (TÜRK-IŞ). The Committee also notes the comments made by TÜRK-IŞ relating to the application of Articles 17 and 15 of the Convention.

1.  Article 17. The Committee notes the Government’s report does not reply to its previous comments requesting the Government to take the necessary measures to extend the scope of the 1983 Regulations on Guarding of Machinery, which were applicable only to the commercial and industrial sectors, to all sectors of the economy including agriculture, air and sea transport. It also notes the comments made once again by TÜRK-IŞ that the main problem in the application of the Convention was that agriculture and air and sea transportation fields were not covered within the scope of application of the Regulations of 1983, which it indicated should be amended to cover the entire economy. The Committee would like to reiterate its hope that the Government will shortly take the necessary steps in order to give full effect to the Convention in all branches of economic activity.

2.  Article 15 and Part V of the report form. Further to its previous comments, the Committee notes the Government’s reply that inspections carried out by the Labour Inspection Department of the Ministry of Labour and Social Security were based on the provisions of the implementing Regulations on Guarding of Machinery of 1983 and the Labour Act No. 1475. The Government indicates that, according to the Labour Inspection General Report, out of the 3,268 inspected industrial accidents, 1,107 were caused by machinery and looms, and that constituted 34 per cent of the total number of industrial accidents. The same report also indicated that out of the said 1,107 industrial accidents, 307 of them (28 per cent) occurred in the metal industry sector alone. The Committee also notes the information that, during the inspections carried out, various training activities were performed in raising the awareness of both employers and employees of health hazards, and that seminars were conducted by the Near and Middle-East Labour Training Centre where papers prepared by inspectors were presented. In this regard, the Committee notes the comments made once again by TÜRK-IŞ which indicate that the provisions of the 1983 Regulations were not effectively implemented due to the continuous expansion of the undeclared economy in the country as was noted by the International Labour Conference at its 90th Session. The Committee would like to reiterate its request to the Government for details on the steps taken to ensure that appropriate inspection is carried out in all sectors of economic activity including the undeclared or informal sector. Please continue to provide information on the practical application of the Convention, including any difficulties encountered as well as information on the results of inspections carried out.

Observation (CEACR) - adopted 1997, published 86th ILC session (1998)

The Committee notes the observations made by the Turkish Confederation of Employer Associations (TISK) and the Confederation of Turkish Trade Unions (TURK-IS), which are supplied with the Government's report.

1. Article 17 of the Convention. In its previous comments, the Committee requested the Government to take the necessary measures to extend the scope of the 1983 Regulations on the Guarding of Machinery, which were applicable only to the commercial and industrial sectors, to all sectors of the economy including agriculture, air and sea transport.

The Committee notes from the Government's latest report that the voluntary application of safety standards for machinery, adopted by the Turkish Standards Institution, now constitutes an obstacle to their total application in all sectors of economic activity. In this respect, consultations have recently started between the competent administrative bodies and the Turkish Standards Institution with a view to make compulsory the above-mentioned safety standards for machinery.

The Committee recalls that in conformity with this provision of the Convention this instrument applies to all branches of economic activity unless the Member ratifying the Convention specifies a more limited scope of application by a declaration appended to its ratification. Since the Government did not make such a declaration, the provisions of the Convention apply to all sectors including agricultural, air and sea transport sectors. Therefore, the Committee asks the Government to indicate the measures taken in order to give full effect to the Convention in all branches of economic activity.

2. Article 15. With reference to the Committee's previous comments in which the Government had been requested to supply information on the measures taken or contemplated to ensure adequate inspection with regard to the application of the 1983 Regulations on the Guarding of Machinery, the Committee notes that no specific information has been provided in this respect in the Government's latest report.

The Committee notes the observations of the Confederation of Turkish Trade Unions concerning the absence of serious measures taken to ensure the effective application of the 1983 Regulations on the Guarding of Machinery and that the requirement of paragraph 1 of this Article has been ignored. Since the Government's report contains no comments with respect to this observation, the Government is requested to indicate the measures taken in conformity with this provision of the Convention. The Committee requests the Government to give details of the steps taken to ensure that appropriate inspection is carried out in all sectors of economic activity including the unregistered or informal sector which, according to TURK-IS, is not covered by the Convention.

3. The Committee notes from the observation made by the TISK that the number of fatal accidents, as well as all kinds of work accidents, and occupational diseases tended to decrease in the 1990s. The Committee also notes from the statistical data provided with the Government's last report relating to the occupational accidents, that accidents connected with the machinery and hand tools constitute a considerable part among all the accidents and injuries. The Government is requested to supply, with its next report, extracts from official reports concerning occupational accidents and information on any practical difficulties in the application of the Convention (point V of the report form).

Observation (CEACR) - adopted 1993, published 80th ILC session (1993)

1. Article 17 of the Convention. In its previous comments, the Committee requested the Government to take the necessary measures to extend the application of the provisions which give effect to the Convention to the agricultural, air and sea transport sectors, which are excluded from the scope of the Labour Act (section 5(1) and (2)) and the 1983 Regulations on the Guarding of Machinery, which is only applicable to the commercial and industrial sectors (section 2).

The Government indicated in its previous reports that this exclusion had not prevented the adoption of other measures to give effect to the Convention in these sectors.

The Committee notes that, in its last report, the Government states that by virtue of section 5(a), (b), (c) and (d) of the Labour Act, the following activities fall within the scope of that Act: the work of loading and unloading ships in ports and docks (a); all the ground operations of air transport (b); work done in agricultural industries and in factories and shops which manufacture agricultural tools, machinery and spare parts (c); and construction work carried out at agricultural undertakings (d).

The Committee notes, on the one hand, that these activities do not cover all the activities of the agricultural, air and sea transport sectors and that, on the other hand, the provisions which give effect to the Convention are mainly contained in the Regulations of 1983 which are applicable only to the commercial and industrial sectors. The Committee requests the Government to take the necessary measures to extend the scope of the Regulations of 1983 to all sectors of the economy, in accordance with Article 17 of the Convention, and to supply information on the progress achieved in this respect.

Maritime work. The Committee notes that section 49 of the Maritime Labour Act, No. 854, which was referred to by the Government in its report, adds nothing substantial to the application of the Convention in the maritime transport sector. This provision only contains a reference to the Labour Act which, as noted above, does not cover this sector of the economy.

2. Article 15. The Committee requested the Government to supply information on any measure that had been taken to ensure the effective application of the 1983 Regulations on the Guarding of Machinery. In particular, the Committee requested information on the effect given in practice to section 16 of the Regulations, particularly by supplying copies of inspection reports containing the number of violations reported and the sanctions imposed.

The Committee notes, from the information supplied by the Government in its report, that the inspection reports do not contain statistics concerning the guarding of machinery. The Committee also notes the information supplied by the Government in its report concerning the difficulties encountered in compiling statistics on inspection visits and their results, as well as in the coordination and cooperation between the various bodies responsible for the application of certain provisions of the Convention. The Committee hopes that the Government will be able to find a solution to overcome these difficulties.

The Committee requests the Government to supply information on the measures which have been taken or are envisaged to ensure adequate inspection with regard to the application of the 1983 Regulations on the Guarding of Machinery.

3. The Committee notes the comments made by the Turkish Confederation of Employer Associations and the Confederation of Turkish Trade Unions, which were supplied with the Government's report.

Observation (CEACR) - adopted 1990, published 77th ILC session (1990)

The Committee notes with interest the adoption in December 1984 and January 1985 respectively of the General Safety Rules against Occupational Accidents in Machinery and the General Rules concerning Guarding and Safe Use of Woodworking Machinery, prepared by the Turkish Standards Institute.

Article 16 of the Convention. The Committee notes from the Government's report that, after examining the relevant files, no information has been found indicating that employers' and workers' organisations were consulted during the formulation of the General Safety Rules against Occupational Accidents in Machinery and the General Rules concerning Guarding and Safe Use of Woodworking Machinery.

The Committee points out that by virtue of Article 16 of the Convention, any national laws or regulations giving effect to the provisions of the Convention shall be made by the competent authority after consultation with the most representative organisations of employers and workers concerned.

The Committee hopes that in future the requirements of the Convention in this respect will be taken into account.

Article 15. The Committee notes the information supplied by the Government in its report that the 1983 Regulations on the Guarding of Machinery are enforced partly through inspection activities designed to ensure the practical application of these provisions and partly through the penalties specified in Labour Act No. 1475, which can be imposed in cases of violations of the above Regulations.

The Committee requests the Government to supply information on any measure that is taken to ensure the effective application of the 1983 Regulations on the Guarding of Machinery. In particular, the Committee requests the Government to supply information on the effect given in practice to section 16 of the Regulations, particularly by supplying copies of inspection reports on the application of the 1983 Regulations on the Guarding of Machinery and by indicating the number of violations of its provisions reported and the sanctions imposed.

Article 17. The Committee has been referring for many years to the exclusion of the agricultural sector and sea and air transport from the scope of the provisions that give effect to the Convention. It notes that the above sectors are explicitly excluded from the scope of the Labour Act under the terms of section 5(1) and (2) of the Act, and that the scope of the 1983 Regulations on the Guarding of Machinery is restricted to the commercial and industrial sectors.

The Committee points out that, by virtue of the requirements of Article 17 of the Convention, its provisions shall be applied in all branches of economic activity.

In its last report, the Government indicates that the exclusion of certain sectors from the scope of the Labour Act has not prevented the adoption of other measures to give effect to the Convention in these sectors.

As regards sea transport, the Government referred to the Sea Labour Act No. 854. The Committee notes that this Act does not contain provisions on the guarding of machinery.

The Government also indicates that the provisions of Labour Act No. 1475 are applied to the production, repair and maintenance of agricultural machinery and to the land services of air transport. The Committee takes due note of this statement and hopes that the Government will supply copies of the provisions adopted to this effect.

Furthermore, the Committee hopes that the necessary measures will be taken to extend the application of the Labour Act and the Regulations to the whole of the agricultural sector, to the extent required by Article 1(3)(b) of the Convention, and to air and sea transport and to other sectors of economic activity that are excluded from the scope of the Labour Act and that the Government will report in the near future the progress made in this respect.