Radiation Protection Convention, 1960 (No. 115) - Türkiye (Ratification: 1968)

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 of the Turkish Confederation of Employers’ Associations (TİSK) and the Confederation of Turkish Trade Unions (TÜRK-İŞ), communicated with the Government’s report.

General observation of 2015. The Committee would like to draw the Government’s attention to its general observation of 2015 under this Convention, including the request for information contained in paragraph 30 thereof.

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 notes the Government’s statement in its report that the Radiation Safety Regulations was revised in 2010, pursuant to Regulation 3/6/2010-27600. The Committee notes that, pursuant to section 10(a) of the amended Radiation Safety Regulations, for radiation workers, the equivalent dose limit for the lens of the eye is 150 mSv. It also notes that, pursuant to section 10(c), students and interns between 16 and 18 years whose education requires some level of exposure, the equivalent dose for the lens of the eye is 50 mSv. Recalling that under Article 6(2) of the Convention, maximum permissible doses shall be kept under constant review in the light of current knowledge, and referring to paragraphs 11 and 13 of its 2015 general observation, the Committee draws the Government’s attention to the most recent recommendations of the International Commission of Radiological Protection that 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 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.

Articles 11, 12, 13 and 15. Appropriate monitoring of workplaces, medical examinations and inspection. Application in practice. The Committee notes the statement of the TÜRK- İŞ that there is not sufficient information provided in the Government’s report on any incidents that occurred or relevant statistics. The Committee notes that the Government states that in 2013, within the framework of monitoring cases of exposure to high radiation doses, dosimeter services determined that the dose rate of 256 persons exceeded the level set for inspections. The Government also indicates that while some of the recorded cases resulted from the misuse of dosimeters, other cases were the result of non compliance with licensing requirements, or due to insufficient security measures. In the latter cases, the relevant institutions were warned to take the necessary corrective measures by reviewing their system of protection and working in compliance with the licensing requirements. Of the detected cases, five persons were directed to health institutions for medical examinations and treatment. The Committee requests the Government to continue to provide information on the measures taken to ensure the carrying out of appropriate monitoring of workers and places of work in order to measure the exposure of workers to ionizing radiations. It requests further information on the inspections undertaken in this regard, including the number of inspections undertaken and the number of workers covered, as well as the number of institutions required to take corrective measures. Lastly, the Committee requests the Government to provide information on the measures taken to ensure that appropriate health surveillance is available for workers.

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

The Committee notes the information contained in the Government’s latest report and the attached documentation, and in the comments submitted by the Turkish Confederation of Employer Associations (TİSK), which indicates the relevant legislation adopted recently, including the new regulation on personal protective equipment, dated 29 November 2006, the regulation on nuclear safety controls and sanctions dated 13 September 2007, and the regulation on high-activity covered radioactive sources and unclaimed sources, dated 21 March 2009. The Committee also notes, in particular, the regulation on the radiation dose limits for staff working with sources of ionizing radiation in the public health sector, published on 6 October 2007, which supplements the regulations and rules on radiation safety already in place, and appears to extend the coverage of the Convention in relation to public health staff. The Committee notes with interest the requirement under section 7 of this regulation that all staff working with radiation must wear personal dosimeters and that as of 6 April 2008, physicians, nurses, nuclear medicine technicians and personnel working in a hot laboratory must wear a wrist or face dosimeter in addition to the routine body dosimeter. The Committee also notes the information indicating draft legislation is currently being prepared and studied by the Turkish Atomic Energy Authority. The Committee asks the Government to send a copy of relevant legislation once it has been adopted, and to continue to provide information on relevant legislative amendments undertaken with regards to the Convention.

Part V of the report form. Application in practice. The Committee notes the information provided by the Government which indicates that, as a result of periodical radio-isometric follow-up of the 27,800 registered users employed in radiation applications, approximately 20 are sent to health organizations per year with suspected high doses due to negligence, carelessness and other causes under normal working conditions. The Committee also notes the attached communication by the Confederation of Turkish Trade Unions indicating that implementation of the Convention in practice requires the sharing of relevant statistics and data on labour inspections. The Committee asks the Government to provide information on measures taken to address cases of exposure to radiation due to negligence and carelessness, and to continue to provide information on the application of this Convention in practice, including relevant statistics and data on labour inspections.

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

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:

The Committee notes the information contained in the Government’s report, including the attached “Regulation on Safe Transportation of Radioactive Materials” No. 25869 of 08 July 2005, “Regulation on nuclear and Radiological National Emergencies” No. 23934 15 January 2000 and “Regulation on Radiation Safety” updated on 29 September 2004.

Articles 3, 6, 7 and 8 of the Convention. With reference to its previous comments, and to the Government’s reply to observations of the Confederation of Progressive Trade Unions of Turkey (DISK) and the Confederation of Public Employees’ Unions of Turkey (TÜRKIYE KAMU-SEN) with regard to certain points of the application of the Convention, the Committee notes the information contained in the Government’s report according to which – contrary to information previously provided – “Implementing Regulation on Radiation Security” No. 18861 of 7 September 1985 has not been updated. The Committee requests the Government to clarify the status concerning legislation implementing the Convention, and – if that had not been done previously – to submit copies thereof to enable it to examine the issue raised by DISK and TÜRKIYE KAMU-SEN.

Part V of the report form. Practical application. With reference to its previous comments, and to the observations of the TÜRKIYE KAMU-SEN that the Convention was not being implemented in practice, the Committee notes that the information contained in the Government’s report does not fully respond to its request. The Committee reiterates its request to the Government to give a general appreciation of the manner in which the Convention is applied in the country, supplying, for example, statistical information, disaggregated by sex if available, on the number of workers covered by the measures giving effect to the Convention, extracts from reports of the inspection services and information concerning the number and nature of contraventions reported and the action taken on them, etc.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

1. The Committee notes the information contained in the Government’s report, including the attached “Regulation on Safe Transportation of Radioactive Materials” No. 25869 of 08 July 2005, “Regulation on nuclear and Radiological National Emergencies” No. 23934 15 January 2000 and “Regulation on Radiation Safety” updated on 29 September 2004.

2. Articles 3, 6, 7 and 8 of the Convention. With reference to its previous comments, and to the Government’s reply to observations of the Confederation of Progressive Trade Unions of Turkey (DISK) and the Confederation of Public Employees’ Unions of Turkey (TÜRKIYE KAMU-SEN) with regard to certain points of the application of the Convention, the Committee notes the information contained in the Government’s report according to which – contrary to information previously provided – “Implementing Regulation on Radiation Security” No. 18861 of 07 September 1985 has not been updated. The Committee requests the Government to clarify the status concerning legislation implementing the Convention, and – if that had not been done previously – to submit copies thereof to enable it to examine the issue raised by DISK and TÜRKIYE KAMU-SEN.

3. Part V of the report form. Practical application. With reference to its previous comments, and to the observations of the TÜRKIYE KAMU-SEN that the Convention was not being implemented in practice, the Committee notes that the information contained in the Government’s report does not fully respond to its request. The Committee reiterates its request to the Government to give a general appreciation of the manner in which the Convention is applied in the country, supplying, for example, statistical information, disaggregated by sex if available, on the number of workers covered by the measures giving effect to the Convention, extracts from reports of the inspection services and information concerning the number and nature of contraventions reported and the action taken on them, etc.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

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:

1. The Committee notes the information contained in the Government’s report, including a reply to observations of the Confederation of Progressive Trade Unions of Turkey (DISK) and the Confederation of Public Employees’ Unions of Turkey (TÜRKIYE KAMU-SEN), with regard to certain points on the application of the Convention. The Committee notes that in its reply the Government refers, inter alia, to provisions in the Implementing Regulations on Radiation Security – most recently updated on 29 September 2004 – but that this regulation was not appended to the report. The Committee requests the Government to submit a copy of the said Implementing Regulations on Radiation Security to the Committee to enable it to examine the issues addressed by DISK, TÜRKIYE KAMU-SEN and the Government.

2. With reference to a reply by the Government in its report of 2004 to a previous direct request, the Committee notes that the Government indicated that the Radiation Safety Regulation, the Regulation on the Safe Transport of Radioactive Materials, and the Regulation on National Nuclear and Radiological State of Emergency Administration, were in the process of being translated and that they would be communicated as soon as they had been completed. The Committee requests the Government to indicate the progress made in this respect and to submit to it translated copies of the said legislation as soon as they become available.

3. With reference to the observation of the TÜRKIYE KAMU-SEN that the Convention was not being implemented in practice, the Committee requests the Government to give a general appreciation of the manner in which the Convention is applied in Turkey, supplying, for example, statistical information, disaggregated by sex if available, on the number of workers covered by the measures giving effect to the Convention, extracts from reports of the inspection services and information concerning the number and nature of contraventions reported and the action taken on them, etc.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

1. The Committee notes the Government’s report, including a reply to observations of the Confederation of Progressive Trade Unions of Turkey (DISK) and the Confederation of Public Employees’ Unions of Turkey (TÜRKIYE KAMU-SEN), with regard to certain points on the application of the Convention. The Committee notes that in its reply the Government refers, inter alia, to provisions in the Implementing Regulations on Radiation Security - most recently updated on 29 September 2004 - but that this regulation was not appended to the report. The Committee requests the Government to submit a copy of the said Implementing Regulations on Radiation Security to the Committee to enable it to examine the issues addressed by DISK, TÜRKIYE KAMU-SEN and the Government.

2. With reference to a reply by the Government in its report of 2004 to a previous direct request, the Committee notes that the Government indicated that the Radiation Safety Regulation, the Regulation on the Safe Transport of Radioactive Materials, and the Regulation on National Nuclear and Radiological State of Emergency Administration, were in the process of being translated and that they would be communicated as soon as they had been completed. The Committee requests the Government to indicate the progress made in this respect and to submit to it translated copies of the said legislation as soon as they become available.

3. With reference to the observation of the TÜRKIYE KAMU-SEN that the Convention was not being implemented in practice, the Committee requests the Government to give a general appreciation of the manner in which the Convention is applied in Turkey, supplying, for example, statistical information, disaggregated by sex if available, on the number of workers covered by the measures giving effect to the Convention, extracts from reports of the inspection services and information concerning the number and nature of contraventions reported and the action taken on them, etc.

[The Government is asked to reply in detail to the present comments in 2006.]

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

The Committee takes note of the comments of the Confederation of Progressive Trade Unions of Turkey (DISK) and the Confederation of Public Employees’ Unions of Turkey (TÜRKIYE KAMU-SEN) with regard to certain points on the application of the Convention, which were transmitted with the Government’s report. In the views of the Confederation of Progressive Trade Unions of Turkey (DISK), the Convention is not applied in the country and the relevant legislation is not being adequately enforced. In particular, the protective measures prescribed under Article 3 of the Convention have not been taken, as well as the maximum dose limits for workers’ exposure to ionizing radiation have not been fixed for the different categories of workers, in conformity with Articles 6, 7 and 8, of the Convention. Moreover, workers exposed do not undergo periodical medical examinations.

The TÜRKIYE KAMU-SEN, for its part, indicates that the Convention is not implemented in practice on a regular basis. It refers in particular to the apparent different level of protection between workers in the public and private sector, although the collective agreements concluded cover both the public and the private sector. The Committee will address these comments together with any comments the Government may wish to make thereon, at its next session.

[The Government is requested to respond in detail to the present comments in 2005.]

Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee takes note of the information provided by the Government in its report as well as the comments made by the Turkish Confederation of Employers’ Associations (TISK) and the Confederation of Turkish Trade Unions (TÜRK-IŞ) that are contained in the Government’s report.

1.  The Committee notes with interest the adoption of three regulations in the year 2000 which were elaborated on the basis of the 1990 ICRP recommendations, the criteria set forth in the Basic Safety Standards, jointly sponsored by the IAEA, the ILO, the WHO and three other international organizations which maintain the recommendations of the ICRP, and in the light of the European Directive EURATOM 26/96. It notes the detailed information summarizing the content of the regulations that were adopted in the year 2000 that changes the Turkish Atomic Energy Institution (TAEK) legislation. In this respect, the Committee notes with interest the Government’s indication concerning the establishment of new dose limits in occupational exposure. The Committee finds that the indicated dose limits would apply the following Articles of the Convention: the fixation of a dose limit of 20 mSv per year for workers directly engaged in radiation work and the equivalent dose limit of 1 mSv established for women during pregnancy would apply Article 3, paragraph 1, and Article 6, paragraph 2, of the Convention; the establishment of 1 mSv as the maximum permissible dose for workers who are not directly engaged in radiation work and for the general public would be in conformity with the provisions of Article 7, paragraph 1, and Article 8 of the Convention. The Government further indicates that the provision concerning the responsibility of the owner of a licence to exploit ionizing radiation sources provides for appropriate medical examination of workers directly engaged in radiation work. These medical examinations take place before and after employment in radiation work as well as once every year during the employment, which would meet the requirements set forth in Article 12 of the Convention. The Committee takes due note of this information. It will examine the situation once again at its next session when it is in possession of a translation of the relevant legislation.

2.  Emergency situations.  The Committee notes with interest the Government’s indication that, while no nuclear power plant and other large-scale nuclear installations exist in the country, nonetheless plans with regard to emergency situations caused by calamities from reactors located in neighbouring countries were elaborated. The Government explains that the Turkish Atomic Energy Commission is responsible for the implementation of the Macro Plan on the National Nuclear and Radiation Emergency Plan and its related regulations. The Regulations for the Implementation of the National Nuclear and Radiation Emergency Plan provide a general framework of rules related to the protection of individuals, the society and the environment from radiation as well as from contamination hazards. In preparing the abovementioned national emergency plan, which has been in force since 15 January 2000, account was taken of the radiological effects of nuclear accidents that may occur. To this effect, a system called "National Early Warning System for the Risk of Radiation in Neighbouring Countries" has been established which covers 33 stations and works 24 hours per day. This system controls the national radiation levels and a warning announcement is released in the event of excess of certain levels. The Government further indicates that a new project in order to develop the system was prepared and implemented successfully. The Committee notes this information with interest and requests the Government to explain whether the National Nuclear and Radiation Emergency Plan fixes dose limits for exposure to radiation in emergency situations. It also requests the Government to indicate whether a special training programme has been designed for the radiation personnel who will intervene in the case of an emergency.

3.  Provision of alternative employment.  With regard to the issue of alternative employment, the Government indicates that the new regulation contains a provision regarding alternative employment for workers who have accumulated exposure beyond which an unacceptable risk of detriment of their health is to occur. According to this provision, the worker concerned can be employed in other work where he or she is not subject to occupational exposure to radiation. In finding an alternative employment, the worker’s socio-economic position, age and special abilities are taken into consideration. The Committee notes this information with interest. It will examine the situation at its next session when it is in possession of the translation of the relevant legislation.

4.  Part V of the report form.  The Committee notes that the use of ionizing radiation sources is subject to a special licence by the Turkish Atomic Energy Institution (TAEK). During the validity of that licence, new installations are evaluated and radiation resources in the installation are measured with regard to their safety standard. It is also checked whether a supervisor and a qualified expert for radiation safety at work are employed, and whether equipment for standardized dose measurement and for the measurement of radiation in the environment is installed. Noting the information, the Committee invites the Government to continue to supply information on aspects related to the practical application of the Convention in the country.

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

The Committee notes with interest the detailed information supplied by the Government in its latest report. The Committee likewise notes the information by the Turkish Confederation of Employer Associations, in which it indicates that efforts are made to minimize the level of radiation to which workers are exposed and that particular importance is given to the information and the training of radiation workers.

1. Article 3, paragraph 1, and Article 6, paragraph 2, of the Convention. In its general observation of 1992 under the Convention, the Committee drew the attention to the revised exposure limits adopted on the basis of new physiological findings by the International Commission on Radiological Protection (ICRP) in its 1990 Recommendations, issued in 1991 as ICRP Publication No. 60. As these Recommendations have a bearing on the application of the Convention, in view of the references to "knowledge available at the time" and "current knowledge" included in Article 3, paragraph 1, and Article 6, paragraph 2, of the Convention, the Committee accordingly asked governments to indicate the steps taken to ensure effective protection of workers against ionizing radiation and to constantly review maximum permissible doses of ionizing radiation in the light of current knowledge. The Committee notes with interest the information supplied by the Government that preparatory studies are under way towards changing the related Turkish Atomic Energy Institution (TAEK) legislation (in which the permissible dose limits are based upon the criteria set forth in Publication No. 26 of the ICRP) in accordance with the 1990 Recommendations of the ICRP. The Committee further notes that the criteria indicated in Publication No. 60 are taken into consideration in the evaluation and assessment of plant projects, in measurements carried out during the licensing stage of new installations, as well as for permissible dose limits for pregnant women. The Committee hopes that the Government will continue to supply information on the progress made to review permissible dose limits, in accordance with the 1990 Recommendations of the ICRP and the 1994 International Basic Safety Standards for Protection against Ionizing Radiation, jointly sponsored by the IAEA, the ILO, the WHO and three other international organizations, which maintained the dose limits recommended by the ICRP.

2. Article 8. The Committee would like to draw the Government's attention to paragraph 14 of its 1992 general observation which concerns dose limits for workers who are not directly engaged in radiation work, but who remain or pass by where they may be exposed to ionizing radiation or radioactive substances. The dose limit for these non-radiation workers should be the same as applied to individual members of the public, which is established by the 1990 ICRP Recommendations at 1 mSv per year, averaged over five consecutive years. The Committee hopes that the studies under way to adapt the TAEK legislation to current knowledge will take the case of non-radiation workers into consideration. The Committee asks the Government to supply information on any progress in this matter.

3. Scope of emergency work. The Committee notes the information of the Government in regard to permissible doses during accidents and emergency situations, and the indication that in training programmes specifically designed for radiation personnel and in individual dosimetric evaluations the 1990 Recommendations of the ICRP are observed. Referring to the explanations provided in paragraphs 23 to 27 and 35(c) of its 1992 general observation, the Committee recalls that exceptional exposure of workers is neither justified for the purpose of rescuing items of high material value nor, more generally, because alternative techniques of intervention, which do not involve such exposure of workers, would involve an excessive expense. The Committee requests the Government to continue to supply information on measures taken or envisaged in this regard.

4. Provision of alternative employment. Referring to the explanations provided in paragraphs 28 to 34 and 35(d) of its 1992 general observation, the Committee requests the Government to provide information on measures taken or contemplated to ensure provision of alternative employment to workers who have accumulated exposure beyond which an unacceptable risk of detriment is to occur and who may thus be faced with the dilemma that protecting their health means losing their employment.

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

1. The Committee notes the information provided in the Government's latest report in reply to its General Observation of 1987. It notes that section 22 of the Radiation Safety Regulations, 1985, provides that notification of nuclear accidents must be made immediately to the competent body and that, following an on-site inspection, the measures recommended by the experts shall be immediately carried out. It notes further from the Government's latest report that a "Macro Plan in the Event of Nuclear Disaster or Radiologic Hazard" has been prepared, taking into consideration the experiences acquired from the Chernobyl Nuclear Disaster and that contingency plans are being designed and revised in line with the needs and priorities laid down in the Macro Plan. In this regard, the Committee would draw the Government's attention to paragraphs 16 to 27 and 35(c) of its General Observation under this Convention concerning the limitation of occupational exposure during and after an emergency. The Government is requested to continue to supply information on the progress made in more effectively ensuring the protection of workers' health in abnormal conditions and to communicate, with its next report, copies of the Macro Plan and any contingency plans which have been elaborated.

2. The Committee would call the Government's attention more generally to the General Observation under this Convention which sets forth, inter alia, the revised exposure limits established on the basis of new physiological findings by the International Commission on Radiological Protection in its 1990 Recommendations (Publication No. 60). The Committee would recall that, under Article 3, paragraph 1, and Article 6, paragraph 2, of the Convention, all appropriate steps shall be taken to ensure effective protection of workers against ionising radiations and to review maximum permissible doses of ionising radiations in the light of current knowledge. The Government is requested to indicate the steps taken or being considered in relation to the matters raised in the conclusions to the General Observation.