Occupational Safety and Health (Dock Work) Convention, 1979 (No. 152) - Türkiye (Ratification: 2005)

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

The Committee had previously noted the observations of the Confederation of Turkish Trade Unions (TÜRK-IS), transmitted with the Government’s report in 2017, regretting that, despite the comprehensive legislation in this area, the transport sector ranked first in the statistics on fatal occupational accidents and calling for analysis to determine whether the legal framework and practice are consistent with the Convention. The Committee notes the Government’s reply, indicating that the General Directorate of Occupational Health and Safety of the Ministry of Labour and Social Security held a symposium in Istanbul in April 2018 with the participation of maritime sector managers and employees, as well as representatives of various associations and foundations, to evaluate the overall occupational health and safety conditions in ports and shipyards and to reflect on ways to reduce fatal occupational accidents in the port sector. Moreover, the Government informs that the Vocational Qualifications Authority (VQA) has established a mandatory vocational qualification certificate for nine occupations in the port sector. This certificate ensures that the workers recognize the risks related to occupational safety and health, know the precautions and take environmental safety measures at the worksites, and know the types of characteristics of dangerous goods and the emergency actions to be taken in case of work accidents. In this regard, the Committee notes with concern the statistical data in the Government’s report indicating that the number of occupational accidents and diseases reported in the port sector from 2017 to 2019, for workers registered in the Social Security Institution, stand at 16.079 cases of occupational accidents, 121 occupational diseases, and 18 fatalities. While acknowledging the development of the vocational qualification certificate focused on workers’ recognition of risks, the Committee expects that the Government will take further steps, in consultation with the social partners concerned in the sector, to develop additional risk prevention measures applicable to the enterprise level in order to reduce meaningfully the number of occupational accidents and diseases in dock work, and requests it to provide full information in this regard.

Article 13(4), read together with Article 3. Persons authorized to remove guards and safety devices. Pursuant to its previous request and in the absence of information in this regard, the Committee is bound to recall that Article 13 of the Convention relates to the designation of responsible persons authorized to handle dangerous parts of machinery for the purpose of cleaning, maintenance or repair work, and that paragraph 4 thereof provides that only an authorized person shall be permitted to: (i) remove any guard where this is necessary for the purpose of the work being carried out (a); and (ii) remove a safety device or make it inoperative for the purpose of cleaning, adjustment or repair (b). The Committee once again requests the Government to provide information on the regulatory provisions governing the designation of the person authorized for the purposes provided for under Article 13(4) of the Convention.

Articles 22 to 25, read together with Article 3. Testing and inspection of lifting appliances and loose gear and recording of information relating thereto. Definitions of lifting appliances and loose gear. The Committee has been requesting for some years the Government to specify the national legislation or other texts defining lifting appliances and loose gear, since the distinction between these two categories of equipment is legally relevant, including concerning the application of the requirements for the testing, examination and inspection of such equipment, as defined in Articles 22–25. The Committee notes that the Government refers once again to Section 7 of the Regulation on Health and Safety Conditions in the Use of Work Equipment (as revised in 2017) and now to the Communiqué on the Registration and Training of Persons Authorized to Perform Periodic controls of work equipment of 1 October 2017, as the instruments giving effect to these Articles of the Convention. The Committee notes that, while the Government’s report contains no information on the national legislation defining lifting appliances and loose gear, it indicates that periodic controls of lifting and conveying equipment are generally carried out at least once a year by mechanical engineers, technical teachers on machinery or metal, mechanical technicians or high technicians. Following the periodic control, a report is prepared by the expert person or institution authorized to carry out periodic controls, containing, among other information, the frequency of the inspection, the technical specifications of the equipment, and the results of the tests performed during the periodic control. In addition, the Government informs that a new Draft Regulation amending the Health and Safety Conditions in the Use of Work Equipment was sent in November 2020 to the relevant stakeholders for their opinions and suggestions. According to the Government, the Draft aims to reduce occupational accidents and envisages various regulations for the standardization and implementation of periodic checks and reports of work equipment. The Committee is bound to request once again the Government to specify the legal provisions or other texts defining lifting appliances and other loose gear in ports. The Committee requests the Government to provide copy of the new Draft Regulation on Health and Safety Conditions in the Use of Work Equipment, once adopted (if possible, in one of the official languages of the International Labour Office (ILO)), and to specify any new provision relating to the determination of the conditions for testing, examination and periodic inspection of port facilities, thus giving effect to Articles 22–25 of the Convention. Furthermore, the Committee requests the Government to provide specimen minutes, records and certificates drawn up following the periodic control of lifting appliances and other loose gear.

Articles 18, 20, 21 and 26–31. Pursuant to its previous requests and in the absence of information in the Government’s report, the Committee is bound to request once again the Government to indicate any measures adopted concerning: regulations on hatch covers (Article 18); the safety of workers in holds and ‘tween decks (Article 20); the conditions for the use of lifting appliances, loose gear and slings or lifting devices forming an integral part of a load (Article 21); mutual recognition of arrangements made by Members with regard to the testing and examination of lifting appliances and loose gear (Article 26); marking of the safe working load of lifting appliances and loose gear (Article 27); carriage of rigging plans (Article 28); palettes and other devices for containing or supporting loads (Article 29); raising and lowering of loads (Article 30); and operation and layout of freight container terminals and organization of work in such terminals (Article 31).

Part V of the report form. Application in practice. The Committee notes the Government’s indication that the Inspection Board of the Ministry of Labour and Social Security conducted 16 port work inspections, covering 4.037 workers during the period of June 2017 to May 2021 and that, as a result of these inspections, administrative fines amounting to 7.799 Turkish Liras (742 US Dollars) were imposed for two workplaces. The Committee requests the Government to continue providing statistics on the number of occupational accidents and diseases reported, the number of port workers covered by the legislation, as well as the number and nature of violations reported and the measures taken in that regard. The Committee firmly hopes that the Government will be in a position to report on the concrete impact of measures taken, including those implementing the new Health and Safety regulation in the Use of Work Equipment, once adopted, on the meaningful reduction of occupational accidents and diseases in dock work.

Legislation. The Committee reiterates its request to the Government to provide copies of the following documents, which it mentioned in successive reports, in one of the official languages of the ILO, if possible: (i) document No. 5196 on the Occupational Safety and Health Act (No. 6331 of 20 June 2012); and (ii) the Directive on Occupational Health and Safety.

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

The Committee notes the observations of the Confederation of Turkish Trade Unions (TÜRK-IS) communicated with the Government’s report for 2017. TÜRK IS observes that, despite comprehensive legislation in this area, the transport sector ranks first in the statistics on fatal occupational accidents. According to the trade union organization, this situation indicates some gaps and calls for an analysis to determine whether the legal framework and practice are consistent with the Convention. The Committee requests the Government to provide comments in this regard, and to specify whether a situation analysis has been carried out and whether measures have been taken in response to the concerns expressed by TÜRK-IS with regard to accidents in the transport sector and, specifically, in the port sector.

Article 4(3) of the Convention. Technical standards and codes of practice. Further to its previous comments in which it welcomed the Government’s initiative to translate into Turkish and disseminate the ILO code of practice entitled Safety and health in ports (2005), the Committee notes the Government’s indication in its latest report that 500 copies of the translated code of practice were distributed to Ministry of Labour and Social Security offices, relevant institutions and industry professionals. The Committee considers it useful to recall that the aforementioned code of practice was revised in November 2016 and is available on the ILO website. The Committee requests the Government to continue to provide information on the use of the ILO code of practice on safety and health in ports.

Article 13(4). Persons authorized to remove guards and safety devices, read together with Article 3. Definitions of lifting appliances and loose gear. The Committee notes that, in reply to its previous comments, the Government refers to section 13 of the Regulation on Health and Safety Conditions in the Use of Work Equipment (2013), relating to persons authorized to perform periodic checks. Nevertheless, the Committee recalls that Article 13 of the Convention relates to the designation of responsible persons authorized to handle dangerous parts of machinery for the purpose of cleaning, maintenance or repair work and that paragraph 4 thereof provides that only an authorized person shall be permitted to: (a) remove any guard where this is necessary for the purpose of the work being carried out; (b) remove a safety device or make it inoperative for the purpose of cleaning adjustment or repair. The Committee once again requests the Government to provide information on the regulatory provisions governing the designation of the person authorized for the purposes provided for under Article 13(4) of the Convention.

Articles 22 to 25. Testing and inspection of lifting appliances and loose gear and recording of information relating thereto, read together with Article 3. Definitions of lifting appliances and loose gear. The Committee notes that the Government refers once again to section 7 of the Regulation on Health and Safety Conditions in the Use of Work Equipment as giving effect to these Articles of the Convention with regard to the periodic testing and certification of lifting appliances and loose gear. The Committee recalls that it has for some years been asking the Government to specify the national legislation defining lifting appliances and loose gear, since the distinction between these two categories of equipment is legally relevant, including with regard to the application of the requirements for the testing, examination and inspection of such equipment, as defined in Articles 22–25. Furthermore, the Committee recalls that the Government previously expressed its intention to give effect to these Articles by taking measures to determine the procedures and principles regarding the type of equipment to be inspected, the frequency and conditions of such inspections and the persons qualified to conduct them, as well as the documents to be drawn up following inspections. The Committee observes that the Government’s latest report contains no information in this regard. The Committee requests the Government to provide further information on the relevant legislation defining lifting appliances and other loose gear in ports, as well as on the specific measures taken, pursuant to the Regulation on Health and Safety Conditions in the Use of Work Equipment, to determine the conditions for testing, examination and periodic inspection of these port facilities, thus giving effect to Articles 22–25 of the Convention. The Committee further requests the Government to provide specimen minutes, records and certificates drawn up following examination of lifting appliances and other loose gear.

Articles 18, 20, 21 and 26 to 31. The Committed previously noted the Government’s indication that sections 1, 2 and 4 of the Labour Act (No. 4857) gave effect to these Articles of the Convention. However, the Committee observed that these legislative references were unrelated to the implementation of the Articles of the Convention. The Committee notes that the Government now refers to article 8 of the Regulation on Health and Safety Conditions in the Use of Work Equipment as giving effect to the Articles of the Convention. The Committee notes, however, that because of its general nature, this section of the Regulation does not give full effect to the aforementioned Articles of the Convention. The Committee is bound once again to request the Government to indicate more specifically the measures giving effect to Articles 18, 20, 21, and 26–31 of the Convention. As a reminder, these measures relate to regulations on hatch covers (Article 18); the safety of workers in holds and ‘tween decks (Article 20); the conditions for the use of lifting appliances, loose gear and slings or lifting devices forming an integral part of a load (Article 21); mutual recognition of arrangements made by Members with regard to the testing and examination of lifting appliances and loose gear (Article 26); marking of the safe working load of lifting appliances and loose gear (Article 27); carriage of rigging plans (Article 28); palettes and other devices for containing or supporting loads (Article 29); and safety requirements when handling loads (Article 30).

Part V of the report form. Application in practice. The Committee notes the information provided relating to the recording and notification procedures for occupational accidents and diseases under the Occupational Health and Safety Act (No. 6331). It further notes that during the period from 1 June 2012 to 31 May 2017, the Inspection Board of the Ministry of Labour conducted 26 port work inspections, involving 4,923 workers. As a result of these inspections, the inspection service imposed administrative fines amounting to a total of 55,571 Turkish lira. The Committee observes that the Government provides no information in reply to its previous comments in which it observed the absence of statistics on occupational accidents and diseases among port workers and recalled that such information was an essential preventive tool for the establishment and maintenance of safe and healthy working conditions in ports. It also underscored the need to develop statistical systems and methodologies that would permit the identification of safety and health problems relating to the specific and hazardous conditions in which port work is performed. The Committee requests the Government to indicate any measures taken or envisaged to follow up on its recommendations in order to have available statistics to determine the number of port workers covered by the Convention and the number and nature of occupational accidents and diseases reported in the port sector. The Committee further requests the Government to continue to provide information on the number and nature of violations reported and measures taken in that regard.

Legislation. The Committee reiterates its request to the Government to provide copies of the following documents which it mentions in successive reports, in one of the official languages of the International Labour Office, if possible: (i) document No. 5196 on the Occupational Safety and Health Act (No. 6331 of 20 June 2012); (ii) the Regulation on Health and Safety measures to be taken in Structures and Extensions of Workplaces, and the annex thereto; (iii) the regulations of the Social Security Institution to which sections 13 and 14 of the Occupational Safety and Health Act refer; (iv) the Directive on Occupational Health and Safety; (v) the Directive on the Measures to be taken on Works and Workplaces in which Flammable, Explosive, Hazardous and Harmful Materials Are Used; and (vi) the Directive on Occupational Health and Safety in Construction Work.

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Legislation. The Committee notes with interest the entry into force, on 30 December 2012, of the new Occupational Health and Safety Law (Law No. 6331), dated 20 June 2012. The Committee welcomes the Government’s indication that this law has a wider scope than the repealed Regulation on Occupational Health and Safety (OSH) and therefore applies to all employees of all works and workplaces in both the public and private sector. It notes that all of the workers of a workplace, regardless of the number of workers, are given the means to benefit from OSH services. In addition, it notes that article 18 of the OSH Law provides for the consultation of workers or their representatives, by employers, with regard to OSH, worker rights and obligations, and to the introduction of new technology and the consequences of the choice of equipment, the working conditions and the working environment for the safety and health of workers. The Committee also takes note of the Government’s reference to document No. 5196, sent to the Office on 13 August 2012, concerning the newly adopted law. Noting that document No. 5196 is not annexed to the report, the Committee would be grateful to the Government to again send to the Office a copy of this document, in one of the official languages of the ILO if possible.

Article 4(3) of the Convention. Technical standards and codes of practice. The Committee welcomes the Government’s indication that the ILO code of practice Safety and health in ports (2005) has been translated to Turkish and 1,000 copies distributed to the personnel of the Department of OSH of the Labour Inspection Board and to social partners. The Committee asks the Government to provide further details regarding the use of the Safety and health in ports document, particularly with regards to employers and workers and their representatives.

Article 9. Adequate and suitable lighting. The Committee notes that the Government refers to many regulations with regards to this Article of the Convention, notably the Directive on OSH in Construction Work, the Directive on Measures to be taken on Works and Workplaces in which Flammable, Explosive, Hazardous and Harmful Materials are Used, the Directive on Workers’ Health and Occupational Safety, the Regulation on Health and Safety Measures to be taken in Structures and Extensions of Workplace and the Regulation on Health and Safety Conditions in Using Work Equipment. The Committee invites the Government to provide a copy of the specific provisions of the relevant legislation giving effect to this Article of the Convention, in one of the official languages of the ILO if possible.

Article 10. Suitable surfaces for vehicle traffic or stacking of goods. The Committee notes the Government’s indication that special provisions regarding the stacking of goods can be found in article 486 of the Directive on Workers’ Health and Occupational Safety, the annex of the Regulation on Health and Safety Measures to be taken in Structures and Extensions of Workplace, and the annex of the Directive on OSH in Construction Work. Provisions related to vehicle traffic can be found in the Directive on OSH in Construction Work and the annex of the Regulation on Health and Safety Measures to be taken in Structures and Extensions of Workplace. The Committee invites the Government to provide a copy of the specific provisions of the relevant legislation giving effect to this Article of the Convention, in one of the official languages of the ILO if possible.

Article 13(4). Persons authorized to remove guards and safety devices of machinery, read together with Article 3. Definitions of lifting appliances and loose gear. The Committee notes that in its report, the Government indicates that the Regulations on Machine Safety, which define the terms “operator” and “guard”, give effect to this Article of the Convention. However, the referenced legislation does not indicate the provisions in virtue of which only an authorized person in the sense of Article 3 shall be permitted to undertake the tasks described in subparagraphs (a) and (b) of paragraph 4 of Article 13. Please provide information on the provisions according to which only a person authorized by the employer, the master of the ship or a responsible person, to undertake a specific task or tasks and possessing the necessary technical knowledge and experience, shall be permitted to remove any guard where this is necessary for the purpose of the work being carried out and to remove a safety device or make it inoperative for the purpose of cleaning, adjustment or repair.

Articles 22–25. Testing and inspection of lifting appliances and loose gear and recording of information related thereto, read together with Article 3. Definitions of lifting appliances and loose gear. The Committee notes that according to the Government, these Articles of the Convention are covered by article 7 of the Regulation for the Health and Safety Conditions in Using Work Equipment. The Government also indicates that Part VII of the Directive on Workers’ Health and Occupational Safety discusses related provisions and that detailed information is given in article 378. The Committee considers that it cannot assess the effect given to these Articles of the Convention, in the absence of the texts and detailed information on the referenced legislative provisions under which each Article is applied. The Committee requests the Government to provide a copy of the specific provisions of the relevant legislation giving effect to Articles 22–25 of the Convention, in one of the official languages of the ILO if possible.

Articles 18, 20, 21 and 26–31. The Committee notes that in its report, the Government indicates that articles 1, 2 and 4 of the Labour Act (No. 4857) give effect to these provisions of the Convention. The Committee notes that the legislative references provided are not related with the referred Articles of the Convention. The Committee asks the Government to provide further information on measures taken to ensure that full effect is given, in law and in practice, to these provisions of the Convention.

Part V of the report form. Practical application of the convention. The Committee notes the Government’s indication that in Turkey there are no administrative or register-based databases which can unambiguously identify dock work, including loading and unloading of ships, and that statistics on occupational accidents and diseases are therefore not available. Recalling that information regarding occupational accidents and diseases is an essential preventive tool for upholding and creating safe and healthy working conditions in ports, the Committee underlines the need to develop statistical systems and methodologies which permit an identification of OSH issues related to the specific and hazardous working environment that dock work represents. Such a tool should allow the Government to obtain further information regarding OSH in ports, including the number of dockworkers covered by the provision of the Convention, disaggregated by the number and nature of contraventions reported and the resulting action taken, and the number of occupational accidents and diseases reported. Nevertheless, the Committee notes that article 14 of the OSH Law stipulates that employers must record all occupational accidents and diseases suffered by workers and must notify the Social Security Institution within a certain timeframe, depending on the situation. The Committee urges the Government to take the necessary measures in order to develop statistical systems and methodologies that ensure that relevant information is available and that appropriate focus can be placed on the situation of dockworkers in Turkey and on methods to prevent and to follow up on reported incidents. It invites the Government to provide the information gathered on instances of occupational accidents and diseases, as provided for in article 14 of the OSH Law, for the period covered by the next report, and reiterates its request to provide a general appreciation of the manner in which the Convention is applied in the country.

Part VI of the report form. Comments from employers’ and workers’ organizations. With reference to its previous direct request, the Committee once again requests the Government to submit the Turkish Confederation of Employer Associations (TÌSK) observations referred to in its 2007 report, along with its comment on the referred observations.

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Repetition

With reference to the information provided by the Government in its first report regarding relevant legislation giving effect to the Convention, the Committee notes that the referenced Regulation on Occupational Health and Safety appears no longer to be in force since 16 May 2006. The Committee notes, however, that the Government indicates that certain new legislation, relevant in this area, is to be adopted. The Committee hopes that the new legislation to be adopted will replace the abovementioned regulation to ensure that effect is given to the Convention in relevant parts and requests the Government to transmit to the Office copies of relevant legislation as soon as it has been adopted.

Article 4(2)(g), (h) and (k) of the Convention. Technical measures covering hatches, etc. The Committee notes the absence of information concerning technical measures to be taken in pursuance of Part III of the Convention covering the opening and closing of hatches, protection of hatchways and work in holds, construction, maintenance and use of staging, rigging and use of ship’s derricks and stalking and storage of goods. The Committee requests the Government to provide further information on the effect given, in law and in practice to Article 4(2)(g), (h) and (k).

Article 4(3). Technical standards and codes of practice. The Committee notes the absence of information regarding technical standards and codes of practice used in relation to dock work. The Committee also notes the Memorandum of Understanding signed between the ILO and the Ministry of Labour and Social Security (Directorate for Occupational Health and Safety) for the translation, printing and publication of the ILO code of practice Safety and health in ports, 2005 (www.ilo.org/public/english/protection/safework/cops/english/ download/e_ports.pdf). Against this background the Committee requests the Government to provide further information as regards the use of technical standards and codes of practice.

Article 5(2). Cooperation between two or more employers at the same workplace. The Committee notes that the Government indicates that Labour Law No. 4857 gives effect to this Article of the Convention and that it regulates, specifically, cooperation between hierarchically related enterprises. The Committee requests the Government to provide further information on the effect given to this Article as regards collaboration between two unrelated “same level” enterprises working at the same workplace.

Article 8. Cessation of work at unsafe workplaces. The Committee notes the reference made to Annex 3 of the Regulation on the Methods and Principles of Granting Operating License to the Port Installations regarding warning signs, etc., to be set up when loading and unloading fuel products/chemicals or other hazardous liquid freights. The Committee notes however that the referenced regulation does not provide for the cessation of work when the workplace has become unsafe and that there is no information on more generally applicable provisions regulating the situations covered by this Article. The Committee requests the Government to provide further information on the effect given to this Article.

Article 9. Adequate and suitable lighting. The Committee notes the reference made to the provisions regarding back-up systems for the lighting systems in ports and the provisions concerning lighting during loading and unloading fuel products/chemicals or other hazardous liquid freights. The Committee requests the Government to provide further information regarding more generally applicable provisions giving effect to the requirement in this Article for the provision of suitable and adequate lighting at all places where dock work is carried out.

Article 10(1) and (2). Suitable surfaces for vehicle traffic or stacking of goods. The Committee notes that the regulations referred to by the Government in application of this provision is too general and does not, for instance, specify which type of installations they apply to. The Committee requests the Government to provide further information on measures taken to give effect to this provision of the Convention.

Article 13(4), read together with Article 3. Persons authorized to remove guards and safety devices of machinery. The Committee notes the Government’s reference to provisions in section 12 of the Directive on Occupational Health and Safety for the appointment of a responsible person for the purposes mentioned in paragraph 3 and the designation of an authorized person for the purposes mentioned in paragraph 4. With reference to the absence of information in this respect the Committee requests the Government to provide further information regarding the criteria determining an authorized person referred to in Article 3 and Article 13(4).

Articles 22 to 25. Testing and inspection of lifting appliances and loose gear and recording of information related thereto, read together with Article 3. Definitions of lifting appliances and loose gear. The Committee notes that the Government’s report is silent as regards the definitions of lifting appliances and loose gear and that the distinction between these two categories of equipment is legally relevant inter alia for the application of the requirements regarding testing, examination and inspection thereof in Articles 22–25. The Committee also notes that as regards Article 24, the Government indicates that it intends to determine the procedures and principles regarding the type of equipment that will be inspected, the frequency, the conditions under which and by whom these inspections will be made and the documents that will be prepared as a result of these inspections. The Committee requests the Government to provide further information on the effect given to these Articles in law and in practice.

Articles 18, 20, 21 and 26–31. The Committee notes that the Government indicates that effect is given to these provisions in comprehensive regulations, but that no further specific information is provided in this respect. The Committee requests the Government to indicate, in more detail and with reference to relevant legislation, the effect given to these Articles of the Convention.

Articles 16, 17(2) and (3), 19, 32(1) and (2), and 40. The Committee notes the absence of information regarding the application of these Articles of the Convention and requests the Government to provide information in this respect.

Part IV of the report form. Relevant decisions by courts of law. The Committee notes that the Government indicates that during the reference period certain court decisions involving questions of principle relating to the application of the Convention have been taken by courts of law or other tribunals. The Committee requests the Government to provide further details on relevant court cases.

Part V of the report form. Practical application of the Convention. The Committee requests the Government to provide a general appreciation of the manner in which the Convention is applied in the country and attach extracts from the reports of inspection services, information on the number of workers covered by the legislation, the number and nature of contraventions reported and the resulting action taken.

Part VI of the report form. Comments from employers’ and workers’ organizations. The Committee notes the reference made in the Government’s report to observations reportedly received from the Turkish Confederation of Employer Associations (TÌSK) but that these observations were not attached to the report. The Committee requests the Government to submit the TÌSK observations referred to in its report.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

With reference to the information provided by the Government in its first report regarding relevant legislation giving effect to the Convention, the Committee notes that the referenced Regulation on Occupational Health and Safety appears no longer to be in force since 16 May 2006. The Committee notes, however, that the Government indicates that certain new legislation, relevant in this area, is to be adopted. The Committee hopes that the new legislation to be adopted will replace the abovementioned regulation to ensure that effect is given to the Convention in relevant parts and requests the Government to transmit to the Office copies of relevant legislation as soon as it has been adopted.

Article 4, paragraph 2(g), (h) and (k), of the Convention. Technical measures covering hatches, etc. The Committee notes the absence of information concerning technical measures to be taken in pursuance of Part III of the Convention covering the opening and closing of hatches, protection of hatchways and work in holds, construction, maintenance and use of staging, rigging and use of ship’s derricks and stalking and storage of goods. The Committee requests the Government to provide further information on the effect given, in law and in practice to Article 4, paragraph 2(g), (h) and (k).

Article 4, paragraph 3. Technical standards and codes of practice. The Committee notes the absence of information regarding technical standards and codes of practice used in relation to dock work. The Committee also notes the Memorandum of Understanding signed between the ILO and the Ministry of Labour and Social Security (Directorate for Occupational Health and Safety) for the translation, printing and publication of the ILO code of practice Safety and health in ports, 2005 (www.ilo.org/public/english/protection/safework/cops/english/download/e_ports.pdf). Against this background the Committee requests the Government to provide further information as regards the use of technical standards and codes of practice.

Article 5, paragraph 2. Cooperation between two or more employers at the same workplace. The Committee notes that the Government indicates that Labour Law No. 4857 gives effect to this Article of the Convention and that it regulates, specifically, cooperation between hierarchically related enterprises. The Committee requests the Government to provide further information on the effect given to this Article as regards collaboration between two unrelated “same level” enterprises working at the same workplace.

Article 8. Cessation of work at unsafe workplaces. The Committee notes the reference made to Annex 3 of the Regulation on the Methods and Principles of Granting Operating License to the Port Installations regarding warning signs, etc., to be set up when loading and unloading fuel products/chemicals or other hazardous liquid freights. The Committee notes however that the referenced regulation does not provide for the cessation of work when the workplace has become unsafe and that there is no information on more generally applicable provisions regulating the situations covered by this Article. The Committee requests the Government to provide further information on the effect given to this Article.

Article 9. Adequate and suitable lighting. The Committee notes the reference made to the provisions regarding back-up systems for the lighting systems in ports and the provisions concerning lighting during loading and unloading fuel products/chemicals or other hazardous liquid freights. The Committee requests the Government to provide further information regarding more generally applicable provisions giving effect to the requirement in this Article for the provision of suitable and adequate lighting at all places where dock work is carried out.

Article 10, paragraphs 1 and 2. Suitable surfaces for vehicle traffic or stacking of goods. The Committee notes that the regulations referred to by the Government in application of this provision is too general and does not, for instance, specify which type of installations they apply to. The Committee requests the Government to provide further information on measures taken to give effect to this provision of the Convention.

Article 13, paragraph 4, read together with Article 3. Persons authorized to remove guards and safety devices of machinery. The Committee notes the Government’s reference to provisions in section 12 of the Directive on Occupational Health and Safety for the appointment of a responsible person for the purposes mentioned in paragraph 3 and the designation of an authorized person for the purposes mentioned in paragraph 4. With reference to the absence of information in this respect the Committee requests the Government to provide further information regarding the criteria determining an authorized person referred to in Article 3 and Article 13, paragraph 4.

Articles 22–25. Testing and inspection of lifting appliances and loose gear and recording of information related thereto, read together with Article 3. Definitions of lifting appliances and loose gear. The Committee notes that the Government’s report is silent as regards the definitions of lifting appliances and loose gear and that the distinction between these two categories of equipment is legally relevant inter alia for the application of the requirements regarding testing, examination and inspection thereof in Articles 22–25. The Committee also notes that as regards Article 24, the Government indicates that it intends to determine the procedures and principles regarding the type of equipment that will be inspected, the frequency, the conditions under which and by whom these inspections will be made and the documents that will be prepared as a result of these inspections. The Committee requests the Government to provide further information on the effect given to these Articles in law and in practice.

Articles 18, 20, 21, 26, 27, 28, 29, 30 and 31. The Committee notes that the Government indicates that effect is given to these provisions in comprehensive regulations, but that no further specific information is provided in this respect. The Committee requests the Government to indicate, in more detail and with reference to relevant legislation, the effect given to these Articles of the Convention.

Articles 16, 17 (paragraphs 2 and 3), 19, 32 (paragraphs 1 and 2) and 40. The Committee notes the absence of information regarding the application of these Articles of the Convention and requests the Government to provide information in this respect.

Part IV of the report form. Relevant decisions by courts of law. The Committee notes that the Government indicates that during the reference period certain court decisions involving questions of principle relating to the application of the Convention have been taken by courts of law or other tribunals. The Committee requests the Government to provide further details on relevant court cases.

Part V of the report form. Practical application of the Convention. The Committee requests the Government to provide a general appreciation of the manner in which the Convention is applied in the country and attach extracts from the reports of inspection services, information on the number of workers covered by the legislation, the number and nature of contraventions reported and the resulting action taken.

Part VI of the report form. Comments from employers’ and workers’ organizations. The Committee notes the reference made in the Government’s report to observations reportedly received from the Turkish Confederation of Employer Associations (TÌSK) but that these observations were not attached to the report. The Committee requests the Government to submit the TÌSK observations referred to in its report.