Occupational Safety and Health Convention, 1981 (No. 155) - Türkiye (Ratification: 2005)

Individual Case (CAS) - Discussion: 2015, Publication: 104th ILC session (2015)



A Government representative expressed the Government’s surprise and disappointment about the inclusion of the application of the Convention by Turkey in the list of individual cases discussed by the Committee, despite the decisive steps taken by the Government. With respect to legislation, a major overhaul of the occupational safety and health (OSH) system had taken place in 2012 with the enactment of the Occupational Safety and Health Act No. 6331 (OSH Act), which had been prepared in close consultation with the social partners, taking into consideration the relevant ILO Conventions and European Union directives. In addition, 36 implementing regulations and six communiqués had been issued. The new OSH legislation applied to all activities and workplaces in the public and private sectors, with limited categories of workers (armed forces and police, disaster and emergency activities, domestic services, self-employed persons, and prisoners receiving training under rehabilitation programmes) excluded from its scope. In order to apply the legislation effectively, social dialogue had been institutionalized through the establishment in 2005 of the National Occupational Safety and Health Council. He added that he had found it strange to hear comments about the insufficient frequency of meetings of the Council from trade union confederations that were not actively participating in it. The Council had adopted the Third National Occupational Safety and Health Policy Document and Action Plan for 2014–18, the objectives of which were: improving OSH activities, particularly in the agricultural and public sectors; reducing the number of accidents, especially in the metal, mining and construction sectors; improving statistics; determining the most common occupational diseases and collecting diagnostic data on them; and fostering a “safety culture”. The Government would communicate detailed information on the activities of the Council in its next report on the application of the Convention. The speaker then replied to questions raised by the Committee of Experts in its observations. Regarding the roles and responsibilities of employers and occupational safety experts, the OSH Act dedicated one chapter to this matter. With respect to activities conducted in the mining, metal and construction sectors, a project had been carried out between 2010 and 2012 to improve health and safety conditions in small and medium-sized enterprises (SMEs) in these sectors. There was also ongoing cooperation with the ILO to improve OSH in the mining and construction sectors. In this context, a National Tripartite Meeting on Improving Occupational Safety and Health in Mining had been organized in October 2014. This meeting had led to a technical assistance project being set up in January 2015, which aimed to develop a plan of action to improve working conditions in mining. As regards the functioning of the inspection system, the Labour Inspection Board was entrusted with verifying compliance with OSH legislation and carrying out inspections. The Board conducted at least two inspections every year targeting mine and construction workplaces. Annual reports on the Board’s activities were regularly communicated to the ILO in the context of reporting on the application of the Labour Inspection Convention, 1947 (No. 81). A series of legislative amendments had been adopted recently, covering the following matters: strengthening the authority and responsibilities of occupational physicians and occupational safety experts; introducing incentives and disincentives for enterprises with positive or negative OSH track records; consideration of OSH aspects in public procurement procedures; allowing pressure to overproduce to be deemed a legitimate reason for stopping work; working hours for miners to be limited to 37.5 hours weekly and 7.5 hours daily; and OSH matters to be part of compulsory curricula at certain universities. In addition, the duration of paid annual leave for miners had been increased by four days and the minimum wage for miners had been doubled. In order to promote a safety culture widely, various activities had been undertaken. They included: OSH guidelines for different sectors, a national campaign, and workshops and seminars to promote the OSH Act, training programmes for SMEs, and the development and dissemination of promotional materials (letters, booklets and advertisements). In addition, Turkey had hosted regional and international conferences, including the 19th World Congress on the Safety and Health at Work held, in September 2011 in Istanbul in cooperation with the ILO. In the last two years, Turkey had ratified the Safety and Health in Construction Convention, 1988 (No. 167), Safety and Health in Mines Convention, 1995 (No. 176) and the Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187), which symbolized the Government’s commitment to work on the matter. At the diplomatic level, Turkey had placed the issue of safer workplaces among the employment priorities of the Turkish presidency of the G20. In conclusion, the Government representative once again expressed his disappointment in the strongest terms at the inclusion of Turkey on the agenda of the Committee, despite the measures taken. The speaker considered that this decision was unfair and inconsistent. Nevertheless, the Government had taken this opportunity to explain recent developments, albeit in a limited amount of time. The speaker reiterated that the Government was committed to improving OSH conditions for the well-being of the people, and that it was also determined to continue its efforts towards effective implementation of legislation and a safety culture in society.

The Worker members expressed their appreciation for the Government’s determination to protect workers’ safety and health. Although this was the first time the Committee of Experts’ observations of Turkey’s compliance with the Convention had been discussed, it was particularly appropriate, after the major mine accident in Soma, which had exposed the country’s challenges regarding OSH. They proceeded to give statistical information from the National Statistical Institute regarding workplace accidents in general, as well as at the Soma and Ermenek mines. By ratifying Convention No. 155, as well as Conventions Nos 167 and No. 176, the Government had accepted the responsibility for establishing a safe working environment. While welcoming those ratifications, the Worker members considered that it was an appropriate response to the public outrage and pressure from the trade unions, and hoped that, together, they would take all necessary measures to bring laws and practice into compliance with the Convention. They also welcomed the tripartite consultations on OSH in mines, ILO technical assistance and the roadmap. The OSH Act had been adopted in 2012 and, while it could have been considered a step forward, there were still serious shortcomings since it excluded a large number of workers from its scope who were not covered by any other OSH regulations, and its applicability to public sector workers would only begin in July 2016. Section 13 of the Act elaborated a procedure to be followed when workers were exposed to serious and imminent danger, which could only be bypassed in the event of unavoidable danger, suggesting that an accident would occur before a worker could remove himself or herself. Workers should be allowed to remove themselves when they had reasonable justification to believe that the work situation presented an imminent and serious danger, whether an accident had occurred or not. Furthermore, although the Act provided for the establishment of OSH committees to ensure the joint liability of the main employer and subcontractors, the obligation would only arise when outsourcing contracts exceeded six months. Trade unions had not been sufficiently consulted in the development of legal measures and OSH policies and, therefore, successive action plans have been deeply flawed and ineffective. The National Action Plan 2014–18 did little more than repeat previous action plans that had failed to achieve their goals. The Government had failed to monitor workers’ health in order to detect and register occupational diseases, which was essential in developing appropriate OSH action. Although an adequate and appropriate system of inspection was also required to ensure the enforcement of OSH legislation, the already insufficient number of labour inspectors had been decreasing drastically and sanctions were not properly enforced. A major factor in the high number of workplace accidents was the increase in subcontractual employment arrangements which allowed employers to decrease direct labour costs and circumvent employment protection legislation. Labour inspections were inadequate and subcontracted workers were forced to work under unhealthy and insecure working conditions. Worker representatives played a key role in ensuring that effective OSH policies were adopted and implemented, and, therefore, along with employers, they were relied upon for the successful application of national OSH infrastructures. It was therefore important that they could exercise their right to freedom of association in an atmosphere free of violence and repression. As long as the Government had not taken sufficient measures in law, policy and practice to effectively implement the Convention, Turkish workers would continue to suffer.

The Employer members expressed their appreciation for the detailed information that the Government had provided. The tragedy in the Soma mine had been devastating, and health and safety of mine workers was important. However, in order to be fair and balanced, the Committee could not let one tragedy eclipse their discussion of national law and practice. Commendably, Turkey had ratified the main ILO OSH Conventions, and its inclusion on the Committee’s list of cases provided a constructive opportunity to discuss the measures it had been taking to implement Convention No. 155 in law and in practice, as discussion of cases on the list did not always entail a failure to implement a Convention. She recalled the 2010 observation of the Committee of Experts, which had requested information concerning measures to adopt a bill on OSH. Following that observation, the Government had adopted the OSH Act in 2012 and had enacted new policies and measures, including sanctions and penalties, in that respect. Under the Act, the National OSH Council, in which the social partners participated, had been developed and had adopted a new action plan that set safety targets for the next four-year period. In addition, in 2014, the Government had initiated a technical assistance project on OSH with ILO assistance and support from the social partners. An additional positive initiative was the October 2014 National Tripartite Meeting on Improving Occupational Safety and Health in Mining, which had included the participation of the ILO and the social partners and involved the adoption of a roadmap concerning improvements to OSH in mines, and which could apply to other industries. The Government had agreed that a research institution would carry out research on OSH in the context of subcontracting arrangements in certain high-risk sectors.

Turning to the concern that had been raised by the Committee of Experts in its 2014 observation with respect to the scope of the new Act, the Employer members encouraged the Government to continue to provide information to explain whether those exclusions existed and, if so, the rationale behind them. Noting the concerns regarding the participation of the social partners in the National OSH Council, they invited the Government to provide information to the Committee of Experts at its next session and stressed the importance of social dialogue to the goal of achieving full compliance with the Convention. With respect to the recruitment and role of occupational physicians and occupational safety experts (OSEs), they understood from the Government’s submission that it had provided a clarification concerning the different roles played by employers and OSEs, and that the Government had taken measures to strengthen occupational safety. They encouraged the Government to share information concerning that positive measure with the Committee of Experts. Regarding the Committee of Experts’ observations of deficiencies identified in the OSH system, the Employer members noted that the system was still being set up in the country and they encouraged the Government to continue its efforts, in consultation with the social partners. With respect to the concerns that had been raised regarding the establishment and application of procedures for notifying occupational accidents and diseases and producing statistics, the Employer members encouraged the Government to take measures, in consultation with the social partners, to improve its notification procedures and to provide the Committee of Experts with the statistics requested. To conclude, they welcomed the Government’s ongoing efforts, together with the social partners, to improve safety and health at work, as had been demonstrated at the National Tripartite Meeting to overcome gaps in application in practice. The positive measures taken by the Government should be highlighted, and the Employer members encouraged the Government to continue its efforts, in consultation with the social partner and to continue its long-standing collaboration with the ILO.

The Worker member of Turkey conveyed his condolences to the families of workers who had lost their lives in occupational accidents in Turkey. He welcomed the enactment and enforcement of the OSH Act which, apart from some exceptions, covered all workplaces and workers in both the private and public sectors. However, in view of the high number of workplace accidents, further steps needed to be taken. The number of OSEs was insufficient and their independence should be guaranteed. In addition, SMEs, which represented the majority of workplaces in Turkey, had limited resources and were facing challenges to implementing safety and health measures. The Government of Turkey should reconsider unionization and respect for workers’ rights, and awareness raising was vitally important for the efficient implementation of legislation. He invited the employers to adopt a human-based, sustainable approach by reviewing their position as regards OSH, so as not to consider it only as a cost issue. The lack of adequate diagnosis and treatment of occupational diseases was another issue to be solved urgently. Unemployment, undocumented work and subcontracting practices also intensified OSH challenges. The speaker underlined the importance of tripartism and social dialogue mechanisms in the area of OSH, and encouraged the Government to improve the inspection system and the collection of data regarding occupational accidents and diseases, with a view to taking a preventative approach.

The Employer member of Turkey recalled that Turkey was one of the countries which had ratified the main ILO OSH Conventions and, over the last 34 years, had been discussed 27 times by the Committee, demonstrating its commitment to align itself with ILO standards and to recognize its shortcomings. Turkey had been undergoing a reform process in OSH for years, which had to be considered as a case of progress in order to encourage further improvement. In 2003, a new Labour Code had been enacted in order to comply with European Union (EU) and ILO OSH standards. Turkey had also ratified both Convention No. 155 and the Occupational Health Services Convention, 1985 (No. 161), had established a National OSH Council, and had adopted its first national OSH policy document in 2006. To respond to implementation gaps, the capacity of the general directorate on OSH and the Turkish labour inspectorate had been improved. In 2012, Parliament had enacted a separate OSH Act, which was a milestone in the development of new policies and preventative measures, provided a sound legal basis for the National OSH Council, and introduced new sanctions and stronger administrative penalties. The enactment of the Act had been problematic and, accordingly, it had been amended four times. As indicated in the report of the Committee of Experts, a new initiative had begun in 2014, with ILO and social partner support, including a National Tripartite Meeting on Improving Occupational Safety and Health in Mining. This had led to an ILO technical assistance project on occupational safety and health, under which the ILO would facilitate national efforts to improve OSH in Turkey. The National OSH Council had adopted a new action plan which set out targets and activities for the next four years. The speaker explained the duties and functions of OSEs under the new Act, according to which, if an employer terminated the employment contract of an OSE on the grounds that the OSE had notified a possible occupational disease or emergency, the employer would pay compensation of at least one year’s salary of OSE or occupational physician in question. The problem in Turkey was not its legislation but the implementation thereof, which must be addressed with the necessary tools to strengthen the safety culture in society, such as through specific plans and measures to include OSH in all levels of education.

The Worker member of South Africa recalled the Soma tragedy and the lack of preventative measures taken. He said that the Government had decided that mining accidents were inevitable and had no will to confront them and take the appropriate measures. Most of the workers who had died in the Soma mine accident were subcontracted workers who were disproportionately employed in low-skilled and hazardous occupations and industries, and their employment created a downward pressure on wages, working conditions, safety and livelihoods. Labour inspections were rare in Turkey, but that situation was worse with respect to subcontracted workers owing to their unstable and disguised employment relationship. The Government needed to address the increase in subcontracting as part of the discussion around health and safety. South Africa also had a huge mining industry and the country continued to fight against casual labour. The speaker expressed his solidarity with the workers of Turkey and recommended immediate reforms by the Government to prevent further worker exploitation, giving due regard to the problem of subcontracted workers.

The Worker member of New Zealand expressed sympathy with Turkish workers in relation to OSH issues. There were a number of similarities between the situation in Turkey and that in New Zealand, which had also recently ratified Convention No. 155, and was undergoing a fundamental harmonization of its safety and health legislation, had also acted following a coal mining tragedy, and was also actively engaged in reviewing the regulations and rights concerned. The speaker congratulated the Turkish Government for its recent actions to try to address those issues, particularly by ratifying Conventions Nos 167 and 176. However, more could and should be done to protect workers. According to the Declaration of Philadelphia, a core part of the ILO’s mission was to provide “adequate protection for the life and health of workers in all occupations”. However, exemptions from the scope of application of the OSH Act compromised that fundamental right for certain groups of workers: public sector workers were denied access to occupational health services under exemptions contained in sections 6 and 7 of the OSH Act until July 2016, which should be removed as a matter of urgency; and “own-account contractors” were further excluded from the Act’s scope. Considering that the Act could encourage disguised forms of employment, the Government should expand the scope of application of the OSH Act to cover “own-account contractors”. The Government had taken many measures regarding those issues; however, as the Committee of Experts had emphasized on several occasions, OSH required a dynamic ongoing process.

An observer of the International Transport Workers’ Federation (ITF) recalled that, in 2005, Turkey had ratified both Convention No. 155 and the Occupational Safety and Health (Dock Work) Convention, 1979 (No. 152). However, since then, the Government had failed to fully bring its laws and practices into line with those Conventions, particularly in Turkish ports. Dock workers were exposed to significant workplace hazards, such as the use of unsuitable surfaces for crane operations, and did not have adequate personal protective equipment available to them, which was the most basic of safety requirements. Heavy congestion in ports not only led to traffic accidents but also increased exposure to carbon monoxide. The speaker cited statistics from 2012 concerning fatal accidents in Turkish ports, as well as cases of permanent disability, injuries, and occupational disease diagnoses. Those statistics were high, despite the fact that they excluded informal and precarious workers, who made up a large proportion of the country’s port labour force. Labour inspection in Turkish ports also remained a critical issue, as there were not enough qualified labour inspectors conducting port inspections. In terms of penalties, the fines levied against employers were not sufficiently dissuasive. In that regard, the Government needed to consider the Committee of Experts’ observations in relation to the Labour Inspection Convention, 1947 (No. 81), and take appropriate remedies. In addition, Worker representatives on port OSH committees did not receive adequate training to fulfil their duties, and existing OSH policies were not communicated to workers in an understandable manner. Ports-specific OSH measures were needed with the aim of reducing the incidence of fatal occupational accidents and enhancing safety standards. Those measures should deal, among other things, with the handling of dangerous goods, protective equipment and clothing, and container transport procedures. The Government’s recent ratification of Conventions Nos 167 and 176 and the subsequent introduction of OSH measures for the mining and construction sectors were encouraging initiatives which might possibly pave the way for sector-specific OSH measures in ports. The speaker encouraged the Government to avail itself of ILO technical assistance in that regard.

An observer representing Public Services International (PSI) said that the Government had not satisfied its responsibilities with respect to the OSH working conditions of public workers in Turkey. Not only were public sector employees temporarily excluded from the application of the OSH Act until July 2016, but “own-account contractors” were permanently excluded. The Act would encourage disguised forms of employment. In the public sector, there was no obligation to keep statistics related to occupational injuries and diseases, in violation of Article 11 of the Convention. A civil servant exercising the right not to work, in application of the OSH Act, could still be sanctioned under sections 26 and 125 of the State Servants Act 657. Violence against civil servants employed in various sectors, including health and education, should be addressed within the scope of OSH as some of those workers were deprived of protective measures despite their vulnerability when faced with violence. The health system was critically underfunded, with increasing proportions of precarious and outsourced workers amounting to a de facto privatization of public health institutions, which directly impacted the quality of care and services provided. She expressed concern over the privatization of the management of OSH systems, as the independence of inspectors could not possibly be ensured if they were paid by the same employers who refused to invest in safe working conditions for their workers. Moreover, it was not just management systems for OSH that were at risk of privatization, because the modalities of the management influenced the content of the OSH delivered. Full participation by the social partners in the definition, implementation and management of OSH was essential to improving working conditions and preventing deaths and injuries. She underlined the urgency for the ILO to develop a standard on the management of OSH.

The Government representative said that he had taken careful note of all the constructive criticisms expressed by the Committee, although he still disagreed with the decision to include it in the list of cases. Nevertheless, he was pleased to hear that improvements in Turkey regarding OSH had been acknowledged by the majority of Worker and Employer representatives. Concerning the Soma mine accident, 16 programmed and non-programmed inspections with regard to OSH had been carried out by labour inspectors over the past four years and the mine had been closed down by the Ministry. The accident had occurred as a result of the employer’s negligence, and sanctions had been imposed as provided for in legislation. He recalled that mine workers were represented by one of the strongest trade unions in Turkey, and stressed that the active involvement of employers and workers was necessary to ensure effective workplace safety. Employers, trade unions and workers should also act responsibly to keep the working environment safe and healthy, and they should help the relevant authorities in the discharge of their duties and in the continuous application of measures taken. With respect to the social security benefits provided to those affected by accidents in mines, in addition to the general provisions of social security legislation, some specific arrangements had been made by two new laws, under which any debts of the deceased miners owed to the social security institution had been revoked and their survivors were accorded the right to receive survivors’ pensions regardless of whether they fulfilled the required conditions. With respect to the Ermenek mine accident, there had been ten inspections since 2009, when the work had begun. Judicial processes were under way in both the Soma and Ermenek cases. The Ministry’s labour inspectorate had conducted two programmed inspections every year at each of the mines, and non-programmed inspections were also carried out when complaints were received. In cases of violations of the law, either an administrative fine was imposed or, when danger to life existed, operations at the workplace were stopped. During the first five months of 2015, 433 mine workplaces had been inspected and, in 82 cases, their operations had been stopped, while in 236 cases administrative fines had been levied.

The Convention did not prohibit subcontracting. Subcontractors, like main contractors, were responsible for ensuring a safe and healthy working environment and must abide by the provisions of relevant legislation. The main contractors were jointly responsible for ensuring compliance with the law. Concerning collaboration between the main contractor and the subcontractor, section 22 of the OSH Act required the establishment of OSH committees in workplaces where subcontracting continued for more than six months. The requirement for collaboration and coordination of safety and health activities among several employers sharing one workplace was not conditional upon the duration of the work; rather, it must be fulfilled in all cases under section 23 of the Act. On the right of workers to remove themselves in cases of serious and imminent danger, section 13 of the Act did not preclude such action, where serious and imminent danger was deemed unavoidable in the opinion of the worker concerned. With regard to the number of hospitals that were authorized to diagnose occupational diseases, he clarified that, despite reports of there being only three such hospitals, that number had been increased to 129. Similarly, the number of occupational safety experts had increased from 8,665 (before the Act had entered into force) to 106,000, and the number of occupational physicians had increased from 8,446 (before the Act had entered into force) to 26,000. Concerning the rate of accidents in Turkey, statistics only covered wage earners, among whom accident rates were relatively high. If public employees and “own-account contractors” were included, the accident rate would be much lower. There was a constant decrease in the rate of fatal occupational accidents in the country. Regarding the number of inspections, he said that inspection figures would be provided in a written report but further reported that, in 2014, there had been 5,087 programmed inspections and 5,042 non-programmed inspections. In the construction sector, the Labour Inspection Board had carried out a special inspection in 45 provinces with more than 300 inspectors in October 2014, during which 2,087 construction sites had been inspected and operations had been stopped in four out of five workplaces. That rate, nearly 80 per cent, indicated that there was much to be done with regard to raising awareness among employers and workers. In 2014, a total of 3,625 construction sites had been inspected and 1,858 shut down. The total amount of administrative fines levied was more than 27 million liras, that is. US$10 million. Statistics and data collection on occupational diseases for civil servants would be undertaken in line with the decision made by the National OSH Council and taking place and through action plans. Turkey continued to improve its legislation and had achieved enormous progress during the last decade. It attached great importance to the participation and active involvement of the social partners, civil society and universities, even though some of those partners had not participated in the process of drafting legislation or in the National OSH Council’s meetings. He stressed that Turkey had exerted enormous efforts in recent years in order to ensure that all workers were employed in safer and healthier workplaces and would continue to do so for the well-being of its citizens.

The Employer members thanked the Government for its efforts to respond to the concerns that had been raised. The discussion had provided an opportunity to positively note the measures that the Government had taken to comply with the Convention in law and in practice, in consultation with the social partners and, where applicable, with the ILO. They expressed their appreciation for the measures taken to bring legislation, practice and safety culture into line with the Convention, and encouraged the Government to continue to report to the Committee of Experts on the measures it had taken in that regard. They further encouraged the Government to continue to work with the social partners in those efforts.

The Worker members stated that the ratification of Conventions Nos 167 and 176 was an important step, taken together with the social partners, particularly given that construction and mining were the most dangerous sectors for workers. The Worker members agreed with the Employer members’ statement that the Soma tragedy should not eclipse discussions and that overall progress and increased efforts should also be mentioned. The statistics provided by the Turkish Statistical Institute were evidence that the Government’s measures had not been sufficiently effective to prevent disastrous accidents and, therefore, certain issues should be taken up with the social partners to address the situation of workers exposed to serious and imminent danger, who were not permitted to withdraw without the consent of the employer, as well as “own-account workers” and public sector workers who were excluded from the scope of the Act. The Government had not replied to questions raised regarding the increased vulnerability of subcontracted workers, who were only covered by OSH measures if their contract exceeded six months, nor had it provided information on the number of workers excluded under the Act. The Worker members proposed that the Government: (i) revise the OSH Act in order to bring it into compliance with the Convention; (ii) assess the effectiveness of measures undertaken as part of the national action plan to increase workplace safety; (iii) improve record-keeping and monitoring systems concerning OSH; (iv) increase the number of labour inspections and ensure that dissuasive sanctions would be imposed for infractions, particularly those involving subcontractors; and (v) refrain from interfering violently in trade union activities addressing health and safety deficits, and instead engage in genuine dialogue with all social partners. Finally, they urged the Government to present its report on the Convention to the Committee of Experts and to continue to avail itself of ILO technical assistance.

Conclusions

The Committee noted the detailed oral information provided by the Government representative on the issues raised by the Committee of Experts and the discussion that ensued relating to: ensuring that occupational safety and health (OSH) legislation applied to all workplaces covered by the Convention; the need to improve the functioning of the National OSH Council, including effective representation and consultation of the social partners; the need to improve inter-ministerial coordination on OSH issues; clarifying the roles and responsibilities of employers and occupational safety experts (OSEs) and ensuring workplace safety; the need to periodically review the OSH situation with particular attention to subcontracting and the mining, metal and construction sectors; strengthening labour inspection, particularly with respect to the various forms of precarious work, and ensuring the effective application of penalties; improving and ensuring the application in practice of procedures established for the notification of occupational accidents and diseases, and the production of annual statistics; ensuring that workers can remove themselves from situations of serious and imminent danger without suffering undue consequences; and ensuring collaboration on OSH between two or more undertakings engaging in activities simultaneously at one workplace.

The Committee noted the information provided by the Government representative on the adoption of the Third National Occupational Health and Safety Policy Document and Action Plan for 2014–18 by the tripartite National Occupational Health and Safety Council. This Action Plan included the objectives of: improving the quality of OSH activities; reducing the number of accidents in the metal, mining and construction sectors; intensifying OSH activities for agriculture and public sectors; disseminating a safety culture; improving the collection of statistics on work accidents and occupational diseases as well as diagnostic data; and providing hospitals with the infrastructure necessary to diagnose occupational diseases. In this regard, the Government indicated that a workshop with the relevant stakeholders had been held in May 2015 in order to identify a roadmap for improving the collection and dissemination of data on OSH. Moreover, amendments to the Occupational Safety and Health Act No. 6331 had been adopted in April 2015 to: strengthen the applicable administrative fines; clarify the authority and responsibility of workplace physicians and OSEs; add incentives for enterprises with good OSH records; include OSH obligations in public procurement and prohibit mining companies that had experienced fatal work accidents from public procurement for two years; specify that pressure for overproduction could be a reason for suspending work; limit the maximum hours of work for miners; and introduce OSH as a compulsory curricula component in relevant educational programmes. The Government indicated it was implementing several awareness raising measures aimed at developing a preventative culture of safety and health, including by disseminating information on the new legislation. Other measures taken included the ratification of the Safety and Health in Mines Convention, 1995 (No. 176) and the Safety and Health in Construction Convention, 1988 (No. 167) in March 2015. The Government further indicated that it was cooperating with the ILO on a project that aimed to develop a tripartite roadmap for improving occupational safety and health, particularly in the mining and construction sectors, in line with international commitments under relevant ILO labour standards. The Government provided information on the number of labour inspections undertaken, including sectoral inspections, administrative fines imposed and stop orders issued.

The Committee welcomed the ongoing efforts made by the Government and the social partners to improve safety and health at work and the intention to overcome the issues identified in a comprehensive and sustained way, with the support of the Office.

Taking into account the discussion, the Committee requested the Government to:

• ensure that the Occupational Safety and Health Act is in compliance with Convention No. 155, in particular with respect to its coverage and in ensuring the right of workers to withdraw themselves from serious and imminent danger;
• assess the effectiveness of the measures undertaken in the context of the National Action Plan aimed at increasing workplace safety;
• improve record keeping and monitoring systems concerning health and safety, including occupational diseases;
• increase the number of labour inspections and ensure that dissuasive sanctions are imposed for infractions of laws and regulations, in particular with respect to subcontractors;
• refrain from interfering violently in lawful, peaceful and legitimate trade union activities addressing health and safety concerns; and
• engage in genuine dialogue with all social partners.

The Committee urged the Government to present its report on the Convention to the Committee of Experts this year, and to continue to avail itself of ILO technical assistance.

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 2016, published 106th ILC session (2017)

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

Articles 5(d) and 19(b) of the Convention. Communication and cooperation at the level of the undertaking. In its previous comment, the Committee noted that there was no requirement in Occupational Safety and Health (OSH) Act No. 6331 of 2012 to establish an OSH committee in undertakings with fewer than 50 employees and where permanent work is performed for less than six months. The Committee notes the Government’s indication that section 7 of the notification on the qualifications of worker representatives concerned with OSH (No. 28750 of 2013) provides that in workplaces where there is no obligation to establish an OSH committee, namely in an enterprise with between two and 50 workers, a worker representative will be assigned. The Committee also notes that the Regulation on OSH Risk Evaluation (No. 28512 of 2012) requires the participation of workers and their representatives when carrying out a risk assessment. The Committee further notes that section 18 of the OSH Act covers consultation with and participation of workers and their representatives, and that section 20 provides that a worker representative shall be designated in all workplaces. The Committee takes note of this information.

Article 19(e). Right of workers or their representatives to inquire into all aspects of OSH associated with their work and recourse to external technical advisers. In its reply to the Committee’s comment on the right of workers or their representatives to inquire into all aspects of OSH associated with their work, the Government refers to section 9 of Notification No. 28750, which provides that worker representatives shall participate in OSH related activities. The Committee further notes that section 16 of the OSH Act requires employers to ensure that worker representatives have access to information related to safety and health at work. The Committee takes note of this information.

Article 21. Absence of expenditure for workers regarding OSH measures. The Committee notes the observations by KESK alleging that expenditure on OSH measures is not borne by the employer, particularly in public workplaces such as hospitals and schools. The Committee also notes the Government’s indication that, pursuant to sections 4(4), 9(1) and 17(7) of the OSH Act, measures related to OSH may in no circumstances involve the workers in financial costs, including training and OSH services, and that pursuant to section 15(4) employers are required to cover all expenses arising from health surveillance. The Committee takes note of this information.

Application in practice. With reference to its previous comment requesting information on the application of the Convention in practice, the Committee notes the information on the outcomes of the 23rd and 24th meetings of the National OSH Council, including measures for the definition, diagnosis and notification of occupational diseases.

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

The Committee notes the observations of the Confederation of Public Employees’ Trade Unions (KESK) and the Turkish Confederation of Employers’ Associations (TİSK) communicated with the Government’s report. The Committee also notes the Government’s replies to the observations of KESK received on 7 September 2015, to the observations of the International Trade Union Confederation (ITUC) received on 14 September 2015, and to the observations of the International Organisation of Employers (IOE) received on 28 August 2015.

Articles 1 and 2 of the Convention. Scope of application. Exclusions. With reference to its previous comment concerning the exclusion of certain categories of workers from the application of the Occupational Safety and Health Act No. 6331 of 2012 (the OSH Act), the Committee notes the Government’s indication that specific OSH provisions apply to the workers excluded, including: (a) sections 57 and 58 of the Turkish Armed Forces Domestic Service Law No. 211 of 1961, for military and law enforcement activities; (b) the Social Insurance and Universal Health Insurance Law No. 5510 for self-employed workers; (c) section 417 of the Law on Obligations No. 6898 for domestic workers; (d) several guidelines and regulations of the Ministry of Justice ensure health and safety for inmates, and section 4(1) of the Social Insurance and Universal Health Insurance Law No. 5510 is also applicable to prisoners. In reply to the Committee’s request on the exclusion of specific branches of economic activity, the Government indicates that: (a) the Regulation on Health and Safety in the Use of Work Equipment (No. 28628 of 2013) applies to transportation vehicles used outside the workplace or inside transportation vehicles at the workplace; (b) the Regulation on OSH in Construction (No. 28786 of 2013) applies to construction or other temporary or mobile fields of work; (c) the Regulation on OSH in Mining Workplaces (No. 28770 of 2013) applies to mining; (d) the Regulation regarding Health and Safety Measures in Work Performed on Fishing Vessels (No. 28741 of 2013) applies to fishing vessels; and (e) Regulation No. 28710 on safety and health measures to be taken at the workplace building and its annexed facilities (No. 28710 of 2013) also applies to agricultural or forestry workplaces. The Committee also notes that KESK alleges a high rate of irregular employment in the country and an increase in the use of subcontracting in both the private and public sectors, and it raises concerns with regard to the application of the OSH Act to public sector workers, which has been delayed. The Committee requests the Government to provide its comments in this respect and to provide also further information on the measures taken to ensure the application in practice of the Convention to all workers.

Article 4(2). Prevention of occupational accidents and injury to health as the aim of the national policy. In reply to its previous comments concerning the ineffectiveness of the measures adopted under the national policy framework for reducing occupational accidents and improving the identification of occupational diseases, the Committee notes the Government’s indications that objective 2 of the National Policy Document III (2014–18) aims to develop occupational accident and disease statistics and a recording system. The Committee also notes that KESK calls on the Government to widen the definition of occupational disease and to adopt measures to prevent occupational diseases, particularly for public workers. In this regard, the Government indicates that in 2016 the National OSH Council convened a meeting with the participation of the social partners and specialist personnel from relevant institutions to assess and discuss the situation of radiology technicians in hospitals. The Committee further notes the observations of KESK that protective services are being neglected, that risk analyses are not being adequately carried out and that the number of occupational accidents is increasing. The Government indicates that the number of accidents has decreased since 1961, although the level of accidents is still too high and work is being carried out by the Directorate-General of OSH to achieve progress in this regard. The Committee requests the Government to provide detailed information on the progress made in the implementation of National Policy Document III with a view to preventing occupational accidents and diseases.

Article 5(e). Protection of workers and their representatives. With reference to its previous comment concerning the protection of workers and their representatives from disciplinary measures as a result of actions properly taken in conformity with the OSH policy, the Committee notes that, pursuant to sections 18(3) and 20(4) of the OSH Act, workers and their representatives may not be placed at a disadvantage because of their OSH-related activities. The Committee takes note of this information.

Article 7. Periodic review of the situation regarding OSH overall and in respect of particular areas. With reference to its previous comment on the measures taken to review the OSH situation in high-risk sectors, the Committee notes that objective 3 of National Policy Document III aims to reduce the rate of occupational accidents in the metal, mining and construction sectors. The Government indicates that: (a) a project for the improvement of OSH targeting SMEs in these three sectors was conducted between 2010 and 2012; (b) consultancy services on OSH management systems, risk assessment health care services and occupational diseases were provided in 128 workplaces; (c) work is under way to prevent occupational accidents in the construction sector through the project “Safe scaffolds and safety on scaffolds”. The Committee also notes KESK’s observations that the establishment of a “lifeline” to ensure that workers in mines have a safe way to return above ground and of a Staff Tracking and Monitoring System have been postponed until 2017. The Government indicates that details regarding the lifeline have been regulated and that its application has been suspended to allow time to adjust to the change. The Committee also notes the concerns raised by KESK about risks to the health and safety of those working with radiation, particularly workers in public hospitals. In this regard, the Government indicates that in 2016 the National OSH Council convened a meeting with the participation of the social partners and specialist personnel from relevant institutions to assess and discuss the situation of radiology technicians in hospitals. The Committee requests the Government to continue providing information on the progress made in relation to the application of this Article of the Convention.

Article 8. Measures to be adopted, including legislation, in consultation with the most representative organizations of employers and workers, to give effect to the national policy. In its previous comment, the Committee requested the Government to report on progress to enhance and strengthen tripartite social dialogue on OSH at the national level. The Committee notes the Government’s indication that, in addition to the tripartite meetings of the National OSH Council, it discussed with the social partners the drafting of the OSH Act and the Regulation on OSH in Mining (No. 28770 of 2013) and that the social partners did not respond to its invitation to participate in meetings and tripartite acitivities. The Committee also notes TİSK’s observations that, although during the drafting stage of the OSH Act social dialogue was open, when there has been disagreement, the short periods given to the social partners to make their views known have constituted an obstacle to effective consultations. The Committee requests the Government to continue providing information in this respect.

Article 9. Adequate and appropriate system of inspection and adequate penalties. In its previous comment, the Committee noted the conclusions of the Conference Committee in 2015 concerning the need to increase the number of labour inspections and ensure that dissuasive sanctions are imposed for infractions of laws and regulations, in particular with respect to subcontractors. In this respect, it refers to its comments in its observation on the application of Articles 3, 5(b), 10 and 16 (in relation to subcontracting situations) and Articles 5(a), 7, 17 and 18 (on effective enforcement and dissuasive penalties) of the Labour Inspection Convention, 1947 (No. 81).

Article 11(c). Establishment and application of procedures for the notification of occupational accidents and diseases, and production of annual statistics on occupational accidents and diseases. With reference to its previous comment on the need to improve the collection and consolidation of statistical data on occupational accidents and diseases and to strengthen the procedures established for the notification of work-related accidents and diseases, the Committee notes the Government’s indication that: (a) a project to identify more cases of occupational diseases was launched in 2010 and a Protocol was signed between the Ministry of Health and the Ministry of Labour and Social Security in this regard; (b) three ad hoc subcommittees were set up to pursue further work on adequately capturing incidents of occupational disease; (c) joint working groups were established with the participation of the Ministry of Labour and Social Security, the Ministry of Health, other agencies and the social partners to eliminate problems encountered in the notification of occupational accidents and diseases; (d) guidelines for diagnosis of occupational diseases were published by the Ministry of Labour and Social Security; and (e) occupational diseases notification guidelines have been published to provide guidance to employers, workplace physicians and health-care service providers. The Government further indicates that administrative fines under section 26 of the OSH Act apply in cases where an employer or health service provider fails to notify the competent authority of any incidents of occupational accidents and diseases. The Committee notes the observations made by KESK alleging discrepancies between the data provided by the Government and data obtained independently by the Worker Health and Industrial Safety Council, as well as under-reporting of occupational diseases of public workers. In this regard, the Committee notes that action 2.3 of National Policy Document III aims to include public workers statistics of occupational accidents and diseases and that studies have been carried out by the Social Security Institution and General Directorate of OSH in this respect. The Committee draws the Government’s attention to the useful indications contained in the Protocol of 2002 to the Convention concerning the process of recording and notification of occupational accidents and diseases. The Committee requests the Government to continue providing information on the application of Article 11(c) of the Convention.

Articles 13 and 19(f). Right of workers to remove themselves from danger. In its previous comment, the Committee noted that the conditions set by section 13 of the OSH Act constitute a restriction on the right of workers to remove themselves from imminent and serious danger to their life or health. The Committee notes the Government’s indication that it has taken measures to comply with this provision of the Convention and that pursuant to section 13 of the OSH Act workers have the right to remove themselves from serious and imminent danger deemed unavoidable in the worker’s opinion, based on his/her knowledge and experience, without any disadvantage because of their action, in line with section 8(4) of the EU Directive 89/391/EEC, the OSH Framework Directive. The Committee requests the Government to provide additional information on any written measure adopted to clarify the meaning of section 13 of the OSH Act, and on any case of non-compliance identified by the labour inspection.

Article 16. Employer’s obligations. With reference to its previous comment on the roles and responsibilities for OSH of employers, the Committee notes the Government’s indication that, pursuant to section 4(2) of the OSH Act, in cases where employers enlist competent external services or persons, this shall not discharge them from their responsibilities with regard to OSH. The Committee also notes the concerns raised by KESK regarding the attribution of responsibility for implementing OSH measures to employers in the public sector. In this regard, the Government indicates that, pursuant to section 2 of the OSH Act, the legislation applies to all work and workplaces in both the public and private sectors and to the employers of these workplaces, and that pursuant to section 3, the term “employer” is clearly defined. The Committee takes note of this information.

Article 17. Collaboration between two or more undertakings engaged in activities simultaneously at one workplace. The Committee notes the Government’s indication in reply to its previous request concerning collaboration of several employers at one workplace that, pursuant to section 22 of the OSH Act, OSH committees must be composed jointly in establishments where there is a main employer and subcontractors. It adds that, pursuant to section 23 of the OSH Act, collaboration and cooperation in OSH activities when there are several employers is not subject to any period of time and that the six-month stand-down period referred to in section 22 of the OSH Act only applies to the establishment of occupational safety and health committees. Furthermore, section 14 of the Regulation on OSH risk assessment (No. 28512 of 2012) establishes that several employers must coordinate their risk assessment procedures at the same workplace. The Committee takes note of this information.

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

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

The Committee notes the information provided by the Government in reply to its previous comment concerning measures to make available information and undertake studies concerning the correct installation and use of equipment and the correct use of substances (Article 12(b) of the Convention) and measures to deal with emergencies, accidents and first-aid arrangements (Article 18).

Articles 5(d) and 19(b). Communication and cooperation at the level of the undertaking. In its previous comment, the Committee took note of sections 18, 20 and 22 of the Occupational Safety and Health Act No. 6331 (OSH Act) concerning the involvement of workers and their representatives in OSH matters. It noted in particular that section 22(1) provides for the establishment of OSH committees in undertakings with at least 50 employees and where permanent work is performed for more than six months. The Committee notes that, in reply to the Committee’s request for information on the manner in which communication and cooperation are ensured in practice, the Government merely refers to abovementioned legal provisions. The Committee recalls that Articles 5(d) and 19(b) of the Convention provide for the cooperation of employers, workers and their representatives in the field of OSH at all the levels of the working group and at all the appropriate levels. In this regard, it draws the Government’s attention to the fact that under the Convention, the prescribed cooperation is not subject to any employee threshold or any period of time. Therefore, the Committee, again, requests the Government to provide information on the manner in which communication and cooperation at all the appropriate levels of the undertaking are ensured in practice, including information communicated to workers and their representatives and the frequency of consultations, and to indicate any specific measures taken with respect to undertakings which do not fulfil the prerequisites set by section 22(1) of the OSH Act, in particular subcontracting and works performed for less than six months.

Article 19(e). Right of workers or their representatives to inquire into all aspects of OSH associated with their work and recourse to external technical advisers. In its reply to the Committee’s previous comment on measures taken to give effect to Article 19(e) of the Convention, the Government refers to section 6 of the OSH Act on the right of employers to appoint workers as occupational safety specialists, occupational physicians and other health staff. Noting that section 6 of the OSH Act does not give effect to Article 19(e) of the Convention, the Committee, again, requests the Government to provide information on the manner in which effect is given, in law and in practice, to the right of workers or their representatives to inquire into all aspects of OSH associated with their work and their right to bring in technical advisers, by mutual agreement, from outside the undertaking.

Application in practice. Noting once again the absence of information on the application of the Convention in practice in the Government’s report, the Committee requests the Government to provide a general appreciation of the manner in which the Convention is applied in the country, including information on the number of workers covered by the legislation, inspection visits carried out, the number and nature of the contraventions reported, as well as statistics on the number, nature and causes of work-related accidents and cases of occupational diseases notified, etc.

[The Government is asked to reply in detail to the present comments in 2016.]

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

The Committee notes the joint observations of the International Organisation of Employers (IOE) and the Turkish Confederation of Employers’ Associations (TISK), received on 27 August 2015, as well as the Government’s reply thereto.

The Committee further notes the observations of the International Trade Union Confederation (ITUC), received on 1 September 2015, and of the observations made by TISK, the Confederation of Turkish Trade Unions (TÜRK İŞ), the Confederation of Turkish Real Trade Unions (HAK-İŞ) and the Confederation of Public Employees’ Trade Unions (KESK) communicated by the Government. Noting that the Government’s report contains no reply to these observations, the Committee requests the Government to provide its comments in this respect.

Follow-up to the conclusions of the Committee on the Application of Standards (International Labour Conference, 104th Session, June 2015)

The Committee takes note of the discussion that took place at the Conference Committee on the Application of Standards, in June 2015 concerning the application of the Convention by Turkey. It takes note in particular of the conclusions of the Conference Committee in which it urged the Government to report to the Committee of Experts on the following points:

• -ensuring that the Occupational Safety and Health Act is in compliance with the Convention, in particular with respect to its coverage and in ensuring the right of workers to withdraw themselves from serious and imminent danger;
• -assessing the effectiveness of the measures undertaken in the context of the National Action Plan aimed at increasing workplace safety;
• -improving record-keeping and monitoring systems concerning health and safety, including occupational diseases;
• -increasing the number of labour inspections and ensuring that dissuasive sanctions are imposed for infractions of laws and regulations, in particular with respect to subcontractors;
• -refraining from interfering violently in lawful, peaceful and legitimate trade union activities addressing health and safety concerns;
• -engaging in genuine dialogue with all social partners.

Articles 1 and 2 of the Convention. Scope of application. Exclusions. In its previous comment, the Committee noted that pursuant to section 2 of the Occupational Safety and Health Act (OSH Act) No. 6331, the following categories of workers are excluded from its scope: armed and police forces; disaster and emergency units; domestic workers; self-employed workers; inmates. The Committee also noted that Regulation No. 28710 on safety and health measures to be taken at the workplace excludes from its scope the following branches of economic activity: transport used outside of the undertaking and means of transport used at the workplace for temporary or mobile construction; mining; oil and gas industries; fishing boats; and agricultural and forestry zones. It notes that, in their observations, the ITUC and KESK reiterate their concerns as regards the extent of exclusions provided by the OSH Act. Nevertheless, the Committee notes from the Government’s report, which is corroborated by the joint observations of the IOE and TISK, that following the entry into force of the OSH Act, 40 regulatory texts regarding OSH were issued, including Regulation No. 28770 on OSH in the mining sector; Regulation No. 28786 on OSH in construction work; and Regulation No. 28741 on work on board fishing vessels. Further to its previous comment, the Committee recalls again that the Convention applies to all branches of economic activity and to all categories of workers and that pursuant to Articles 1(3) and 2(3), member States are authorized to exclude particular branches of activity or limited categories of workers only in their first report. Recalling that in its conclusions, the Conference Committee requested the Government to ensure that the OSH Act is in compliance with the Convention, in particular with respect to its coverage, the Committee requests the Government to communicate copies of all the regulations concerning OSH applying to workers excluded totally or partially from the scope of the OSH Act but which are covered by the Convention and to indicate the manner in which the Government ensures that such workers benefit from the application of the provisions of the Convention.

Article 4. Formulation, implementation and periodical review of the national policy on OSH, in consultation with the most representative organizations of employers and workers. Article 7. Periodical review of the situation regarding OSH overall and in respect of particular areas. Article 8. Measures to be adopted, including legislation, in consultation with the representative organizations of employers and workers, to give effect to the national policy.

(a) Functioning of the National OSH Council. The Committee notes that, in their observations, all the employers’ and workers’ organizations point to serious shortcomings in the consultation process established for the formulation of the national OSH policy. They indicate that their viewpoints and proposals are largely ignored by the Government and that time frames allotted are too short to allow for a thorough review of issues and the elaboration of sound proposals. TÜRK-İŞ and HAK-İŞ also call for the strengthening of the Council’s functions and competencies to enhance its efficiency. In its report, the Government provides a brief overview of attendance records of the National OSH Council’s meetings in 2013 and 2014, pointing to the fact that a number of workers’ organizations did not attend one or several meetings, did not participate in the votes and did not submit proposals as requested by the Government. Furthermore, in its reply to the joint observations of the IOE and TISK, the Government indicates that with the implementation of the Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187), ratified on 16 January 2014, it is expected that social dialogue will improve. Noting that both the Government and the social partners concur in deploring the shortcomings of social dialogue within the National OSH Council and referring to the conclusions of the Conference Committee in which it requested the Government to engage in genuine dialogue with all social partners, the Committee urges the Government to take all the necessary steps to enhance and strengthen tripartite social dialogue on OSH at the national level, especially within the National OSH Council, and to report on progress achieved in this regard.

(b) Laws or regulations or any other method to give effect to Article 4. Consultations. In addition, the Committee notes that the IOE, TISK, the ITUC and KESK also allege that they are not sufficiently consulted and involved in the elaboration of laws and regulations giving effect to the national OSH policy. Referring again to the conclusions of the Conference Committee on this point, the Committee requests the Government to ensure the effective and genuine consultation of the representative organizations of employers and workers concerned on all amendments and modifications to OSH laws and regulations and to provide information in this respect.

(c) Measures in the National OSH Policy Document. Prevention of work-related accidents and injury to health. Review relating to specific areas: mining; metal and construction sectors; and subcontracting. The Committee notes from the Government’s report that the National OSH Policy Document 2014–18 and its Plan of Action have been adopted. In this regard, it takes note of the observations of the ITUC and KESK regarding the ineffectiveness of measures adopted within this framework; the failure to reach targets fixed; and the absence of follow-up of the previous plans, which allegedly were not fully implemented. Both organizations add that the new document and plan are merely a repetition of previous plans, setting out goals that are disconnected from the realities of the country. By way of example, the ITUC and KESK indicate that the new plan fixes again the same targets of reducing workplace accidents by 20 per cent and improving the identification of occupational diseases by 500 per cent by 2018.

The Committee recalls its previous comment in which it took note of the observations made by several workers’ organizations with regard to unhealthy and insecure working conditions in the mining, construction and metal sectors and it underlined the crucial importance of re-examining the national OSH policy in light of the review of the situation regarding OSH, especially in respect of these particular areas. In this regard, the Committee notes that Act No. 6645 on Amendments to the Occupational Safety and Health Act and other Acts and Decrees contains some provisions aimed at improving working conditions in the mining sector (for example, working hours reduced to 7.5 hours per day and 37.5 hours per week). It also notes that according to TISK, the National OSH Policy Document takes on board the statistics provided by the Social Security Institution (SGK) which show that: (i) the number of workplace accidents remains at a high level while the number of cases of occupational diseases identified is much lower than expected; and (ii) rates of work-related accidents and the incidence of occupational diseases are still highest in the mining, construction and metal sectors. The Committee further notes from the Government’s report that the 2014–18 National OSH Policy Document foresees the implementation of several activities designed to reduce workplace accidents in these sectors caused by fall (construction), tunnel collapse (mines) or other injuries (metal sector) and to assess the compliance of personal protective equipment.

With regard to the mining sector, the Committee notes that in its observations, KESK refers to the reports allegedly established by the State Supervisory Council and the Labour Inspection Board which would identify several technical causes of the Soma mine accident. According to KESK, no action has been taken to address these causes. The Committee also notes that HAK-İŞ, TÜRK-İŞ and KESK claim that no progress has been made towards improving the working conditions of mine, construction and metal workers, workers employed in subcontracting companies and workers in the informal economy. KESK therefore reiterates its call for the periodic review of the situation regarding OSH.

The Committee notes with regret that the Government’s report contains no further information on the content of the National OSH Policy Document or on measures taken to review the situation regarding OSH in the country, especially in high-risk sectors. The Committee recalls that information on accidents in mines, construction sites and metal industries and the analysis of their causes contribute to determining the real impact of the measures adopted and understanding whether everything was done that could reasonably have been expected to avoid or reduce as far as possible the causes of the hazards inherent in the working environment, in accordance with Article 4(2) of the Convention. It also refers to the conclusions of the Conference Committee in which it requested the Government to assess the effectiveness of the measures undertaken in the context of the National Action Plan aimed at increasing workplace safety. Against this background, the Committee again requests the Government to provide detailed information on steps taken, in consultation with the social partners, to assess the situation regarding OSH in the country, especially in high-risk sectors, with a view to identifying major problems, developing effective methods to address them, defining priorities of action and evaluating results. It also requests the Government to provide a copy of the reports drafted by the State Supervisory Council and the Labour Inspection Board to which KESK refers in its observations.

Moreover, the Committee requests the Government to provide a copy of the National OSH Policy Document 2014–18 and its Plan of Action, specifying the preventive and control measures taken or envisaged to: (i) address the causes of workplace accidents and occupational diseases, especially in the mining, construction and metal sectors; and (ii) extend protection to workers in subcontracting companies and workers in the informal economy, and to indicate the results obtained.

Articles 5(a) and (b), and 16. Workplace safety and health. The Committee recalls its previous comment in which it noted that under section 6 of the OSH Act, employers are required to recruit occupational physicians (OPs) and occupational safety experts (OSEs) in all undertakings to assist them in relation to OSH matters and that pursuant to section 8 of the Act, OSEs and OPs have a duty to inform the employer in writing of any shortcomings relating to OSH, failing which their certification may be suspended. In this context, the Committee emphasized that the appointment of OSEs and OPs cannot replace or limit the responsibility resting with employers to ensure that workplaces and the working environment are safe and without risk to health.

The Committee notes the Government’s indication that Act No. 6645 introduces new provisions into the OSH Act which specify the role and responsibilities of OSEs and OPs. According to the Government’s report, under these new provisions, OSEs and OPs are required to inform the employer of any deficiencies relating to OSH in the undertaking while the employer is responsible for taking measures, included closure where necessary, to address these deficiencies. Where the employer fails to do so, OSEs and OPs are required to notify the relevant unit of the Ministry, authorized union representatives and worker representatives. The Government also indicates that employers cannot terminate the employment contract of OSEs and OPs and cannot deprive them of any rights arising from the contract, on grounds of the notification they made. However, OSEs and OPs may face a three-month suspension of their certificate, where they fail in their duty to notify.

The Committee notes that while the IOE, TISK and HAK-İŞ consider these new provisions as positive developments, KESK alleges that these amendments introduce lower standards in that they provide for more flexibility in employee thresholds required to recruit OPs and OSEs and in the certification system established. KESK also criticizes the imposition of sanctions on OSEs and OPs for failure to notify and the low level of sanctions imposed on employers who would wrongfully terminate an OSE’s or an OP’s employment contract.

With reference to its previous comments under this Convention and the Occupational Health Services Convention, 1985 (No. 161), the Committee notes that the provisions introduced by Act No. 6645 leave unchanged the allocation of responsibilities between employers and OSEs and OPs in that liability for the assessment of working conditions and the working environment and the identification of potential risks is shifted onto OSEs and OPs and employers do not seem to be held liable for their inaction, as no penalties are provided. The Committee recalls once again that the designation of OSEs and OPs, or any other technical or professional bodies to assist the employer in relation to OSH matters, cannot replace or limit the responsibility resting with employers to ensure that workplaces and the working environment are safe and without risk to health, in accordance with Article 16 of the Convention. Therefore, the Committee again requests the Government to re-evaluate and redefine, in consultation with the social partners, the role and responsibilities of employers and the OSEs and OPs in ensuring safety in workplaces and the working environment, with a view to affirming the primary responsibility of employers in this respect. Referring to the observations made by KESK, the Committee also requests the Government to provide information on employee thresholds set for the recruitment of OSEs and OPs and on the certification system established.

Article 5(e). Protection of workers and their representatives. The Committee refers to the conclusions of the Conference Committee in which it requested the Government to refrain from interfering violently in lawful, peaceful and legitimate trade union activities addressing health and safety concerns. In this regard, the Committee wishes to draw the Government’s attention to paragraph 26 of its 2009 General Survey on occupational safety and health which indicates that “the basic principle that workers and their representatives should be protected from victimization pursuant to Article 5(e) is one of the main elements to be included in the national policy, and is indicative of the central importance attributed to this principle”. The Committee requests the Government to provide information on the measures taken to address the Conference Committee’s conclusions.

Article 9. Enforcement of laws and regulations by an adequate and appropriate system of inspection and adequate penalties. The Committee refers to the statement made by the Government representative during the discussion that took place at the Conference Committee according to which in 2014 there had been 5,087 programmed inspections and 5,042 non-programmed inspections. In the construction sector, the Labour Inspection Board had carried out a special inspection in 45 provinces with more than 300 inspectors in October 2014, during which 2,087 construction sites had been inspected and operations had been stopped in four out of five workplaces. With regard to the mining sector, the Government representative indicated that the Ministry’s labour inspectorate had conducted two programmed inspections every year at each of the mines, and non-programmed inspections were also carried out when complaints were received. During the first five months of 2015, 433 mine workplaces had been inspected and, in 82 cases, their operations had been stopped, while in 236 cases administrative fines had been levied. The Committee notes that in its conclusion, the Conference Committee requested the Government to increase the number of labour inspections and ensure that dissuasive sanctions are imposed for infractions of laws and regulations, in particular with respect to subcontractors. The Committee notes that in its report under this Convention, the Government provides no information on measures taken to give effect to these conclusions. However, the Committee welcomes the statistical information provided by the Government in its report under the Labour Inspection Convention, 1947 (No. 81), on inspection activities undertaken in 2014 with regard to subcontractors, including the relationship between main employer and subcontractors, the number of infractions detected and penalties imposed. The Committee requests the Government to give particulars of measures taken to address the conclusions of the Conference Committee, including detailed statistical information on labour inspection activities undertaken, disaggregated by sector (including the mining and construction sectors) that specify corrective measures or sanctions issued as a result of inspection activities, and also monitoring activities undertaken with respect to subcontractors and sanctions imposed.

Furthermore, the Committee notes from the Government’s report that the labour inspection staff comprises 62 mines inspectors, five inspectors specialized in geology and 481 inspectors specialized in other sectors. It also notes that while the IOE and TISK consider that the number of labour inspectors was increased significantly, observations received from workers’ organizations all call for an increase in the number of labour inspectors in the country. The Committee requests the Government to provide its comments in this respect.

Article 11(c). Establishment and application of procedures for the notification of occupational accidents and diseases, and production of annual statistics on occupational accidents and diseases. In its previous comment, the Committee noted that the Government was faced with serious issues concerning: (i) underreporting of workplace accidents, due, among other factors, to subcontracting practices; and (ii) the definition of occupational diseases, their registration and notification. The Committee notes that workers’ organizations reiterate their concerns in this respect, indicating that: (i) the incidence of workplace accidents is still very high, especially in the mining sector; (ii) the system of detection and registration of occupational diseases is still failing; and (iii) no progress has been registered in this regard. The Committee notes that in its observations, the ITUC refers to the statistics provided by the SGK which show that in 2013, 191,389 work-related accidents and 371 cases of occupational diseases were notified and a total of 1,360 fatalities were registered. All workers’ organizations call for measures to improve the collection and consolidation of statistical data on occupational diseases and to strengthen procedures established for the notification of work-related accidents and occupational diseases.

In this regard, the Committee notes that in its report, the Government refers to the 2014–18 National OSH Policy Document which sets out the following objectives: improving statistics and the registration system on workplace accidents and occupational diseases and collecting preliminary diagnosis through the identification of occupational diseases. The document also envisages a series of measures to be implemented, including the production of statistics on work-related accidents and occupational diseases in line with international standards; the identification of the most common occupational diseases in the country; the electronic notification of data related to occupational diseases to hospitals accredited to diagnose occupational diseases and the increase of the number of these hospitals from three to 129; the inclusion of public sector employees in the national statistics; the verification of the rate of workplace accidents and incidence of occupational diseases by comparison with the number of notifications registered by the Ministry.

Referring to the conclusions of the Conference Committee on this point, the Committee requests the Government to provide detailed information on actions taken to implement the abovementioned measures, with a view to improving procedures for the monitoring, notification and registration of occupational accidents and diseases and the production of consolidated annual statistics on occupational accidents, and to provide information on results achieved. Noting that the Government’s report contains no information concerning specific actions taken with regard to subcontracting, the Committee also requests the Government to indicate any measures taken to address underreporting of work-related accidents and occupational diseases in subcontracting situations.

Articles 13 and 19(f). Serious and imminent danger. The Committee recalls its previous comment in which it noted that section 13(1) and (3) of the OSH Act is not fully in line with the Convention, as: (i) section 13(1) provides that workers exposed to serious and imminent danger are required to file an application with the OSH committee, or in its absence with the employer, to request that the hazard be identified and emergency measures be adopted; and (ii) section 13(3) provides that workers are entitled to leave their work situation or dangerous area without following the notification procedure in the event of serious, imminent and unavoidable danger. With regard to section 13(1) of the OSH Act, the Committee notes that the Government reiterates the procedure to be followed by a worker exposed to serious and imminent danger. As regards section 13(3) of the OSH Act, the Government indicates that the term “unavoidable” must be interpreted in the sense that serious and imminent danger cannot be avoided by the worker despite his/her knowledge and experience.

The Committee notes that while the Government’s explanation appears to better reflect the terminology of the Convention, the wording of section 13 may nevertheless leave room for other interpretations. It emphasizes once again that the conditions set by section 13 of the OSH Act constitute a restriction to the right of workers to withdraw from imminent and serious danger to their life or health, as construed by Articles 13 and 19(f) of the Convention. It recalls that these Articles of the Convention do not envisage the notification to a committee or the employer as a precondition to removal. Moreover, the protection of Article 13 of the Convention is granted wherever the worker has reasonable justification to believe that the work situation presents an imminent and serious danger to his or her life or health, without requiring him or her to assess whether or not the danger is avoidable. Recalling that in its conclusions, the Conference Committee requested the Government to ensure that the OSH Act is in compliance with the Convention, in particular in ensuring the right of workers to withdraw themselves from serious and imminent danger, the Committee urges the Government to take immediate steps to modify its legislation in order to give full effect to Articles 13 and 19(f) of the Convention and to provide information on progress achieved in this respect.

Article 17. Collaboration between two or more undertakings engaged in activities simultaneously at one workplace. In its previous comment, the Committee noted that section 22(2) of the OSH Act provides for the establishment of a joint safety and health committee (OSH committee) to ensure cooperation and collaboration between the main employer and the subcontractor wherever the duration of the outsourcing contract exceeds six months. The Committee requested the Government to take measures to ensure that the collaboration prescribed by Article 17 of the Convention is not subject to any period of time.

The Committee notes that the Government, in its report, and the IOE and TISK, in their joint observations, refer to section 23 of the OSH Act which sets out a duty to cooperate for employers engaged in activities simultaneously at one workplace. The IOE and TISK also refer to section 22(3) of the OSH Act. However, the Committee notes that section 22(2) of the OSH Act precludes the application of sections 22(3) and 23 in the first six months of the subcontracting relationship. Therefore, it reiterates that under Article 17 of the Convention, collaboration prescribed is not subject to any period of time. Moreover, the Committee notes the observations of the ITUC according to which the number of workers employed in subcontracting companies rose from 387,000 in 2002 to 1.48 million in 2015. In light of the foregoing, the Committee again requests the Government to take the necessary measures to ensure that when two or more employers, one of them being a subcontracting company, are engaged simultaneously in activities in one workplace, the prescribed collaboration is not subject to any period of time and to provide information in this regard, including information on the application in practice.

Recent developments and technical assistance. The Committee welcomes the ratification by the Government of Convention No. 187, on 16 January 2014 and of the Safety and Health in Mines Convention, 1995 (No. 176), and the Safety and Health in Construction Convention, 1988 (No. 167) on 23 March 2015.

Furthermore, the Committee recalls its previous comment in which it noted that the Office is currently providing technical assistance to the Government on OSH issues and that in 2014, the Government, Worker and Employer representatives and other relevant stakeholders had agreed on a roadmap on how to improve OSH conditions in the country, special attention being paid to mines and the issue of subcontracting. Measures included carrying out further research on OSH on the context and extent of subcontracting arrangements in certain high-risk sectors in Turkey. In this context, the Committee notes that a report on contractual arrangements in Turkey’s coalmines and their impact on OSH was commissioned from the Economic Policy Research Foundation of Turkey (TEPAV) as part of a technical assistance project of the ILO and that its publication is planned for December 2015.

However, the Committee notes that the Government’s report contains no further information on progress achieved in implementing the 2014 roadmap. Therefore, the Committee requests the Government to provide detailed information on steps taken to implement the elements of the roadmap concerning the improvement of OSH, and on results obtained. The Committee also encourages the Government to pursue its efforts, with the technical assistance of the ILO, to overcome the issues identified in OSH in a comprehensive and sustained way and to give particulars on actions taken in this context.

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

[The Government is asked to reply in detail to the present comments in 2016.]

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Referring to its observation, the Committee wishes to raise the following additional points.

Articles 5(d) and 19(b) of the Convention. Communication and cooperation at the level of the undertaking. With reference to its previous comments, the Committee notes that provisions have been made under the Occupational Safety and Health (OSH) Act No. 6331 of 2012 (OSH Act No. 6331), which maintains the obligation for employers to ensure the consultation and participation of workers or their representatives in discussions regarding OSH (section 18) and provides for the designation of workers’ representatives in undertakings with two employees or more (section 20). These representatives shall have the right to make proposals to the employer on appropriate measures aimed to minimize occupational hazards and to eliminate their causes. It also notes from the Government’s report that by virtue of section 22 of OSH Act No. 6331, further provisions were adopted in Regulation No. 28532 regarding OSH committees set up in undertakings with more than 50 employees. The Committee requests the Government to provide further information on the manner in which communication and cooperation at all the appropriate levels of the undertaking is ensured in practice, including particulars on information communicated to workers and their representatives, the frequency of consultation, etc.

Article 12(b). Measures to make available information and undertake studies concerning the correct installation and use of equipment and the correct use of substances. In its report, the Government indicates that several regulations, adopted in 2013, contain provisions regarding the type of information which shall be provided by the manufacturing company or supplier so as to ensure safety in the use of machinery, equipment and chemical or biological agents (user’s guide, material safety data sheet, instructions, etc.). The Committee requests the Government to provide information on the application of this Article in practice.

Article 18. Measures to deal with emergencies, accidents and first-aid arrangements. Further to its previous comment, the Committee takes note of the obligations made under OSH Act No. 6331 and resting on employers to identify foreseeable emergency situations, to arrange any necessary contacts with external services, in particular first-aid, emergency medical care, fire and rescue services, and to designate a sufficient number of persons adequately trained and equipped to deal with emergency situations (prevention, protection, evacuation, firefighting and first-aid), taking into account the size of the workplace, any specific hazards, the nature of the activities carried out and the number of employees and other persons present at the workplace (section 11). The Committee requests the Government to provide further information on the application in practice of section 11 of OSH Act No. 6331, to supply a copy of Regulation No. 28681 on emergency in workplaces, referred to in the Government’s report, and to indicate the specific provisions therein giving effect to Article 18 of the Convention.

Article 19(e). Right of workers or their representatives to inquire into all aspects of OSH associated with their work and recourse to external technical advisers. The Committee notes the Government’s reference to section 18 of OSH Act No. 6331, which provides for the obligation for employers to consult workers or their representatives on all OSH issues. However, the Committee notes that the report contains no information as regards the right of workers or their representatives to enquire into all aspects of OSH associated with their work or the use of technical advisers brought in, by mutual agreement, from outside the undertaking. The Committee accordingly requests the Government to indicate the specific measures taken to give effect, in law and in practice, to this Article of the Convention.

Articles 1(2), 2(2) and 5(b). The Committee notes that the Government has omitted to provide information on these points. The Committee requests the Government to indicate the measures taken to give effect to these Articles, in law and in practice.

Application of the Convention in practice. Noting the absence of information on the application of the Convention in practice in the Government’s report, the Committee requests the Government to provide a general appreciation of the manner in which the Convention is applied in the country, attaching extracts from inspection reports and, where such statistics exist, information on the number of workers covered by the legislation, the number and nature of the contraventions reported, the number, nature and cause of the accidents reported, etc.

[The Government is asked to reply in detail to the present comments in 2015.]

Observation (CEACR) - adopted 2014, published 104th ILC session (2015)

The Committee notes the observations made by the Confederation of Turkish Trade Unions (TÜRK-İŞ), the Confederation of Progressive Trade Unions of Turkey (DISK) and the Confederation of Public Employees’ Trade Unions (KESK), all received on 1 September 2014. The Committee also notes the observations made by KESK, TÜRK-İŞ and the Confederation of Turkish Real Trade Unions (HAK-IŞ), as well as the observations submitted by the Turkish Confederation of Employers’ Associations (TISK), annexed to the Government’s report and received on 3 November 2014.

The Committee further notes that referring to the observations made by TÜRK-İŞ and KESK, received on 1 September 2014, the Government indicates, in a communication received on 12 November 2014, that at this stage, it has no comments to provide thereon.

The Committee also takes note of the observations made by the All Municipality Workers Trade Union (TÜM YEREL-SEN), received on 30 October 2014. The Committee requests the Government to provide its comments on these observations.

Articles 1 and 2 of the Convention. Scope of application. Exclusions. The Committee notes the observations made by KESK, according to which the Occupational Safety and Health Act No. 6331 of 2012 (OSH Act No. 6331) excludes from its scope of application a number of activities and persons and that the application of sections 6 and 7 of this Act is postponed to July 2016 as regards public employees. In its observations, TISK indicates that Regulation No. 28710 on safety and health measures to be taken at the workplace, adopted pursuant to the OSH Act No. 6331, does not cover means of transport used outside of the undertaking and means of transport used at the workplace for temporary or mobile construction, mining, oil and gas industries, fishing boats and agricultural and forestry zones. TISK considers that these provisions are in line with Articles 1(2) and 2(2) of the Convention. The Committee notes that these exclusions do not seem to correspond to those indicated in the Government’s first report. It recalls that under Articles 1(3) and 2(3) of the Convention, member States may exclude particular branches of economic activity in respect of which special problems of a substantial nature arise, or limited categories of workers in respect of which there are particular difficulties, only in their first report, giving the reasons for such exclusions, and shall indicate in subsequent reports any progress made towards wider application. In its direct request of 2005, the Committee noted the Government’s indication that a new draft bill would include all branches of economic activity and all the workers therein. The Committee requests the Government to ensure that exclusions provided under the OSH Act No. 6331 and its Regulations are not broader in scope than those indicated in its first report and to provide detailed information thereon. The Committee also requests the Government to describe the measures taken to give adequate protection to workers in excluded branches and to indicate any progress towards wider application.

Article 4. Formulation, implementation and periodical review of the national policy on OSH, in consultation with the most representative organizations of employers and workers. Article 8. Measures to be adopted, including legislation, in consultation with the representative organizations of employers and workers, to give effect to the national policy. In its observations, TÜRK-İŞ refers to the National Occupational Safety and Health Policy for 2014–18, submitted to the National OSH Council, and identifies several areas of action which would need to be addressed or improved: activities aimed to promote the implementation of the OSH Act No. 6331; training and promotional activities in the field of OSH; effective workplace inspection visits; and decreases in the number of workplace accidents, in particular in the mining, construction and metal sectors. Furthermore, the Committee notes that according to DISK, the social partners are underrepresented within the National OSH Council and that it is not convened often enough to ensure its functioning (currently twice a year). In their observations, DISK, TÜRK-İŞ and KESK allege that OSH Act No. 6331 was adopted without the agreement of the social partners and did not meet their expectations. According to DISK, a number of amendments were introduced in other general laws and regulations with negative effects on the implementation timeframe of the OSH Act No. 6331. The Committee also notes that the national OSH policy framework under Articles 4 and 7 of the Convention, implies a dynamic and cyclical process and requires regular review to ensure that the national OSH policy and measures, adopted in line with Article 8 of the Convention to give effect to the national OSH policy, are appropriate and adequate and remain constantly updated. The Committee invites the Government to take measures to ensure that the national OSH policy is formulated, implemented and periodically reviewed in consultation with the social partners, as required by Article 4 of the Convention. In view of the ongoing process of legislative reform, the Committee requests the Government to ensure effective consultation of the social partners in this process and to provide detailed information on the consultations held and their results.

Articles 5(a) and (b), and 16. Workplace safety and health. The Committee notes, on the one hand, the concerns expressed by TISK regarding the obligation to recruit occupational physicians and occupational safety experts (OSEs) in all undertakings classified as dangerous or very dangerous, irrespective of the number of workers employed. According to TISK, such provisions result in a heavier burden on employers in small and medium-sized enterprises (SMEs). On the other hand, KESK recalls that the OSEs are not vested with any powers under the OSH Act No. 6331, but that in practice they are still held responsible for injuries sustained by workers and are liable for penalties. As regards Article 16 of the Convention, the Committee draws the Government’s attention to the fact that while it is not an obligation under this Convention to recruit occupational physicians and OSEs in all workplaces, employers are required to ensure, as far as is reasonably practicable, that workplaces and the working environment are safe and without risk to health. In respect to the observation made by KESK, the Committee notes that the designation of OSEs, or any other technical or professional bodies to assist the employer in relation to OSH matters, cannot replace or limit the responsibility resting with employers to ensure that workplaces and the working environment are safe and without risk to health, in accordance with Article 16. The Committee requests the Government to clarify the different roles and responsibilities of employers and the OSEs in ensuring safety in workplaces and the working environment and to provide information in this respect. The Committee also refers the Government to its comments under the Occupational Health Services Convention, 1985 (No. 161).

Article 7. Periodical review of the situation regarding OSH either overall or in respect of particular areas. Subcontracting, mining, metal and construction sectors. In its observations, DISK refers to an evaluation report on the OSH situation prepared by the Ministry of Labour and Social Security in 2005, according to which a number of deficiencies were identified in the OSH system, in particular concerning: the prevention of occupational hazards; the lack of supervision of the working environment; and the absence of recognition and notification of work-related diseases. DISK considers that, despite the adoption of new OSH legislation, these issues still persist. As for TÜRK-İŞ, it identifies the mining, construction and metal sectors as priority sectors in the development of an OSH policy aimed to prevent occupational accidents and to ensure workplace inspections. In this connection, TÜRK-İŞ also points out the unhealthy and insecure working conditions of workers of subcontracting companies, denounces the absence of effective labour inspection, and recalls that, according to official statistics, the number of workers employed by subcontracting companies would be 1 million. In addition, KESK considers that official data underestimate the phenomenon and that these workers would be as many as 2 million. The Committee refers to paragraph 78 of its 2009 General Survey on occupational safety and health which states that “the review of the national policy provided for in Article 4 of the Convention depends on, and should be informed by, the review of the national situation provided for in Article 7”. This revision allows the evaluation of the situation of OSH in practice. The Committee requests the Government to continue its efforts, in consultation with the social partners, with a view to identifying major issues, developing effective methods to address them, defining priorities of action and evaluating results achieved, in line with Article 7 of the Convention, and to provide information in this respect, including in the mining sector.

Article 9. Enforcement of laws and regulations by an adequate and appropriate system of inspection and adequate penalties. In its observations, DISK considers that there are not enough labour inspectors in the country. It adds that sanctions are not properly enforced. In the same vein, HAK-IŞ considers that measures should be taken to strengthen labour inspection and to ensure that sanctions are effectively enforced. KESK points out to the inefficiency of the labour inspection related to various forms of precarious work in the context of privatization, de-unionization, unregistered labour and subcontracting. The Committee refers the Government to its comments on the application of Labour Inspection Convention, 1947 (No. 81).

Article 11(c). Establishment and application of procedures for the notification of occupational accidents and diseases, and production of annual statistics on occupational accidents and diseases. According to the observations sent by KESK and DISK, Turkey allegedly ranks very high as regards the incidence of work-related accidents. In this connection, KESK calls into question the decrease in the number of fatal occupational accidents announced by the Government and points out that 9 million workers are undeclared in the country and that as a consequence, the actual number of fatalities is bound to be much higher. KESK also questions the accuracy of national statistics on the incidence of occupational diseases, estimated at 0.05 per thousand, while average data worldwide varies between four and 12 per thousand. According to KESK, the definition of occupational diseases, their registration and notification pose a serious problem in the country. In this regard, it points out deficiencies in the detection of occupational diseases in the private sector due to a lack of monitoring of the workers’ health. KESK further claims that in the public sector, occupational accidents and diseases are not recognized as such. In its observations, KESK and TÜRK-İŞ call for action to collect data on occupational accidents and diseases, and to improve the national system of identification and detection of occupational diseases so as to evaluate the situation in the country. The Committee requests the Government to provide its comments on the issues raised by the trade unions, including underreporting and subcontracting issues, and to provide information on the application in practice of procedures established for the notification of occupational accidents and diseases, and the production of annual statistics. It requests the Government to provide information on the measures taken to improve these procedures (including their definition and registration), in consultation with the social partners, in the framework of the national OSH policy.

Recent developments and technical assistance. The Committee notes that the majority of the observations received refer to issues which pre-date the OSH Act No. 6331 and that these observations indicate that the Act has not resolved these issues in practice. The Committee also notes that a number of observations refer to an increase in work-related accidents in the mining sector and to the Soma mine accident which claimed the lives of 301 miners. The Committee notes that following this accident, the Office has been engaged in providing technical assistance on OSH issues. The Committee further takes note of the ILO press release of 17 October 2014, according to which the Government, workers’ and employers’ representatives and other relevant stakeholders agreed on the main elements of a roadmap on how to improve OSH in mines at the “National Tripartite Meeting on Improving Occupational Safety and Health (OSH) in Mining”, hosted by the Ministry of Labour and Social Security on 16–17 October 2014 in cooperation with the ILO. The Committee notes that while the workshop focused on the mining sector, the elements of the roadmap developed are broader in scope as they address OSH issues in general and not only those relevant to the mining sector. In this regard, it notes that among other elements, the issue of subcontracting is addressed and that, according to the press release, it was also agreed that a research institution would carry out further research on OSH on the context and extent of subcontracting arrangements in certain high risk sectors in Turkey. The Committee also notes that in its report on the application of the Underground Work (Women) Convention, 1935 (No. 45), the Government informs the Office and the Committee that a draft bill assenting the ratification of Safety and Health in Mines Convention, 1995 (No. 176), was submitted by the Government to the National Assembly of Turkey on 23 September 2014 for its approval.

Furthermore, the Committee takes note of the Government’s announcement, made on 12 November 2014, concerning the introduction of a series of occupational safety measures in the mining and construction sectors with the specific aim of reducing the incidence of fatal occupational accidents and enhancing safety standards at the workplace. Finally, the Committee notes that on 21 November 2014, the Turkish Parliament has endorsed the ratification of the Safety and Health in Construction Convention, 1988 (No. 167).

The Committee welcomes the ongoing efforts made by the Government and the social partners to improve safety and health at work and their intentions demonstrated during the national tripartite meeting to overcome the issues identified in a comprehensive and sustained way with, as appropriate, the support of the Office.

The Committee requests the Government to provide detailed information on any progress achieved concerning the issues and developments noted above and on the implementation of the elements of the roadmap concerning the improvement of OSH.

Other issues. In its previous comments, the Committee raised the following issues which are also relevant to the improvement of the prevention of work-related accidents and diseases in the country.

Articles 13 and 19(f). Serious and imminent danger. The Committee notes the Government’s reference to section 13 of the OSH Act No. 6331 which provides, in its first paragraph, that workers exposed to serious and imminent danger are required to file an application with the OSH committee, or in its absence with the employer, to request that the hazard be identified and emergency measures be adopted. Section 13(3) of the OSH Act No. 6331 also provides that in the event of serious, imminent and unavoidable danger, workers are entitled to leave their work situation or dangerous area without following the abovementioned notification procedure. The Committee emphasizes that this provision does not give full effect to Articles 13 and 19(f) of the Convention. It recalls that Articles 13 and 19(f) do not envisage the notification to a committee or the employer as a precondition to removal. In this connection, the Committee refers to paragraphs 145–152 of its 2009 General Survey on occupational safety and health and underscores that Articles 13 and 19(f) do not appear to be adequately reflected “where the right of workers to remove themselves, while not entailing undue consequences, is conditional on a decision by a safety officer or another person in a supervisory position”. As regards the preconditions set out in section 13(3) of the OSH Act No. 6331, the Committee understands that the condition of “unavoidability” of the danger means that an accident must occur. The Committee draws the Government’s attention to the fact that to benefit from the protection of Article 13 of the Convention, it is not necessary that the accident be unavoidable, but it is sufficient that the worker has reasonable justification to believe that the work situation presents an imminent and serious danger to his or her life or health, whether the accident occurs or not. The Committee therefore requests the Government to take the necessary steps to modify its legislation in order to give full effect to Articles 13 and 19(f) of the Convention and to supply information in this respect.

Article 17. Collaboration between two or more undertakings engaged in activities simultaneously at one workplace. In its report, the Government refers to provisions made to ensure the joint liability of the main employer and the subcontractor regarding the obligations provided under the Labour Act No. 4857. It adds that section 22 of the OSH Act No. 6331 now provides for the establishment of a joint safety and health committee to ensure cooperation and collaboration between the main employer and the subcontractor wherever the duration of the outsourcing contract exceeds six months. The Committee recalls that the prescribed collaboration of employers must be implemented from the start of the work and is not subject to their duration. The Committee also notes that section 23 of the OSH Act No. 6331 sets out a duty to cooperate for employers carrying out activities in the same work environment with a view to preventing, protecting from, and informing workers on, occupational risks. The Committee wishes to draw the Government’s attention to Paragraph 11 of the Occupational Safety and Health Recommendation, 1981 (No. 164), which provides that, in appropriate cases, the competent authority should prescribe general procedures for this collaboration. The Committee requests the Government to take the necessary measures to ensure that when two or more employers are engaged simultaneously in activities in one workplace, the prescribed collaboration is not subject to any period of time and to provide information in this regard, including information on the application in practice. The Government is also requested to provide information on any measures taken or procedures adopted by the authority to ensure this collaboration.

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

[The Government is asked to reply in detail to the present comments in 2015.]

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

The Committee notes the information in the Government’s latest report, the attached comments by the Confederation of Turkish Trade Unions (TÜRK-İŞ) and the Turkish Confederation of Employer Associations (TİSK), and the comments submitted on 1 September 2009 by the International Trade Union Confederation on behalf of TÜRK-İŞ, which indicate that the draft bill on occupational safety and health (OSH) has not yet been adopted. The Committee further notes that the Government has provided information which appears to give further effect to Articles 7 and 11(b) and (f) of the Convention. The Committee hopes that the proposed legislation will be adopted soon and asks the Government to provide a copy of the relevant legislation, once adopted, indicating the specific provisions that give effect to Articles 1(2) and 2(2) on the scope of application; Article 5(b) on relationships between the material elements of work and the persons who carry out or supervise the work; Articles 5(d) and 19(b) on communication and cooperation at the level of the undertaking; Articles 13 and 19(f) on the right to removal; Article 17 on collaboration between two or more undertakings engaged in activities simultaneously at one workplace; and Article 19(e) on the right of workers or their representatives to inquire into, and be consulted by the employer on all aspects of OSH associated with their work.

Article 12(b) of the Convention. Measures to make available information and undertake studies concerning the correct installation and use of equipment and the correct use of substances. The Government indicates that there are provisions in place regarding the information to be provided by producing or supplying companies, and that it would be useful to receive the text of the machinery safety regulations from the Ministry of Industry and Commerce. The Committee reiterates its request that the Government supply the text of the abovementioned regulations, and to indicate the specific provisions that ensure that those who design, manufacture, import, provide or transport machinery, equipment or substances for occupational use, make available information concerning correct installation and use, and information on hazards and instructions on the way these are to be avoided, as required by Article 12(b).

Article 18. Measures to deal with emergencies, accidents and first-aid arrangements. In its comments, TİSK raises their concerns regarding the Government’s intention to abolish the current threshold of 50 workers when requiring enterprises to employ one or more physicians and set up a health unit as they fear that this will result in heavier burdens on employers in small and medium-sized enterprises and may encourage enterprises to engage in undeclared employment. The Committee refers the Government to paragraphs 181–191 of its 2009 General Survey on occupational safety and health for further information on the application of Article 18, which may vary depending on the size and activity of the undertaking. The Committee asks the Government to indicate in its next report the measures taken or envisaged to ensure full effect is given to this Article of the Convention in enterprises that employ less than 50 persons.

Part V of the report form. Application in practice. The Committee welcomes the information provided by the Government on the projects undertaken to ensure the harmonization of the administrative records of the Ministry of Labour and Social Security, and affiliated and related institutions, with the national and European definitions, classifications and standards, and for the improvement of the statistical system in Turkey. The Committee also notes the comments which indicates a 12 per cent decrease in the number of workplace accidents between 2005 and 2007 as a result of increasing countrywide effectiveness of OSH services. The Committee further notes the comments submitted by TÜRK-İŞ indicating that a new OSH policy document has been adopted by the National Health and Safety Council for 2009–13. TÜRK-İŞ alleges, however, that there are still shortcomings in OSH measures in practice as far as subcontracting is concerned. The Committee asks the Government to provide information on measures taken or envisaged to address the application of the Convention to subcontracted workers; to provide a copy of the 2009–13 OSH policy document; and to continue to provide information on the application of this Convention in practice, with particular reference to ongoing activities under the National Pneumoconiosis Prevention Action Plan.

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

Further to its observation, 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 with interest the information regarding the new draft Bill on Occupational Safety and Health (OSH) due to be adopted soon. The Committee would be grateful if the Government would keep the Committee updated on any progress in this respect, and to transmit a copy of this law to the Office as soon as it has been adopted.

Article 1, paragraph 2, and Article 2, paragraph 2, of the Convention. Scope of application. The Committee notes that the Government indicates that some categories of workplaces and workers are at present excluded from the application of the Convention, but that the scope of application of the new draft Bill will include all branches of economic activity and all the workers therein. The Committee requests the Government to provide information on any progress in this respect.

Article 5, subparagraph (b). Relationships between the material elements of work and the persons who carry out or supervise the work. The Committee notes the provisions of the Regulation on OSH, requiring the employer to observe the relationships between the material elements of work and the workers by adapting the work to the individual. The Committee requests the Government to provide additional information on how this Article is applied in practice.

Article 5, subparagraph (d), and Article 19, subparagraph (b). Communication and cooperation at the level of the undertaking. The Committee notes the requirements for the establishment of OSH Boards in undertakings with more than 50 employees and section 11 of the Regulation on Occupational Health and Safety which provides for the right of employees or their representatives to make proposals and participate in negotiations as regards OSH. The Committee requests the Government to supply additional information on and to provide clarifications as to the state and structure of communication and cooperation within undertakings that employ less than 50 persons.

Article 7. Periodical review of the situation regarding occupational safety and health. The Committee notes the information provided by the Government that it is the responsibility of the National Council of OSH (NCOHS) and its working groups to periodically review the situation regarding occupational health and safety. The Committee would be grateful if the Government would provide further details regarding the frequency of the reviews and the substantive issues discussed in the Working Groups of NCOHS.

Article 11, subparagraph (b). The determination of work processes and of substances and agents, the exposure to which is to be prohibited, limited or made subject to authorization or control by the competent authority. The Government indicates in its report that legislation has been adopted which calls for risk assessment of hazardous substances used in the workplaces in order to determine measures to be taken with a view to protect the safety and health of the workers. It also indicates the setting up of limit values on the various chemical substances and the control and analysis of the information concerning the substances to be imported into the country is also performed by customs administration. The Committee requests the Government to provide further information on the existence of mechanisms for identifying hazardous work processes and for examining health hazards due to simultaneous exposure to several substances.

Article 11, subparagraph (f). Systems to examine chemical, physical and biological agents in respect of the risk to the health of workers. The Committee notes the information provided by the Government on the creation of the Working Group for the Action Plan of Prevention of Pneumoconiosis aiming at the elimination of asbestos from the workplaces. The Committee requests the Government to submit additional information on the work of the Working Group, including any practical outcomes from their work.

Article 12, subparagraph (b). Measures to make available information and undertake studies concerning the correct installation and use of equipment and the correct use of substances. The Committee notes the Government’s indication that this Article of the Convention had been implemented through the Regulation on Machine Security, but that this text is unavailable to the Committee. The Committee requests the Government to supply the text of the Regulation and to provide further information on how effect is given to this Article in law and in practice.

Article 13 and Article 19, subparagraph (f). Right to removal. The Committee notes that the Government indicates that effect is given to these two provisions of the Convention through section 83 of the Labour Act No. 4857. The Committee notes however, that section 83 provides that the workers’ rights in this context are limited to making “an application to the occupational safety and health board with a request for the determination of the case and a decision for the adoption of necessary measures”. Although, in practice, workers that are faced with a serious and imminent danger will have to stop work in order to submit the required application, section 83 does not, as Article 13 requires, entitle the worker to take an independent decision to stop work. On the contrary, it specifically provides that the decision lies with the OSH Board. This provision does not either restrict the employers from requiring the worker to go back to work as required in Article 19(f). Furthermore, section 83 does not offer workers the required protection from undue consequences as it provides that the workers’ “wages and other rights shall be reserved during the period he refrains from working”. The Committee requests the Government to take the necessary measures to ensure compliance with Articles 13 and 19(f) of the Convention and to keep the Office informed of any developments in this respect.

Article 17. Collaboration in complying with the requirements of the Convention when two or more undertakings engage in activities simultaneously at one workplace. The Committee notes the Government’s indication that this Article of the Convention is applied through section 2 of the Labour Act No. 4857 which provides that in a “principal employer – subcontractor relationship” the principal employer shall be jointly liable with the subcontractor for the obligations ensuing from the Labour Act; the Regulation on Health and Safety in Constructive Works, (2003) and the provisions in section 17, Regulation on Duties of Workplace Health Services and Workplace Physicians and their Employment Principles and Procedures. The Committee requests the Government to supply additional information on and to clarify the situation where two “same level” enterprises collaborate in the same workplace and provide information as to whether the provisions cover all workplaces notwithstanding the number of personnel employed.

Article 18. Measures to deal with emergencies, accidents and first-aid arrangements. The Committee notes that section 81 of Labour Act No. 4857 provides that, in establishments where a minimum of 50 employers are employed, the employer is obliged to employ one or more physicians at the establishment and set up a health unit with a view to protect the health of the employees, to take OSH measures and to provide first aid, urgent treatment and preventive health services depending on the number of employees and the risk factors involved. It also notes the adoption of the Regulation on Duties of Workplace Health Services and Workplace Physicians and their Employment Principles and Procedures (2003) and Regulation on the Amendment of the Regulation on First Aid (2004). The Committee requests the Government to provide further information on how this Article of the Convention is applied in undertakings that employ less than 50 persons.

Article 19, subparagraph (e). Arrangements at the level of the undertaking ensuring suitable conditions for consultations between the employer, the workers and their representatives or representative organizations. The Committee notes that article 11 of the Regulation on OSH, provides for the employer to ask the views of employees or representatives concerning OSH, vest them with the right to make proposals and ensure that they participate in negotiations, while the representatives of workers who have special tasks regarding OSH may make proposals and request the employer to take necessary measures. However, the Committee notes that the Regulation on OSH was annulled on 16 May 2006. The Committee kindly requests the Government to provide information as to the application of this Article of the Convention in law and in practice after the annulment of the abovementioned Regulation.

Part V of the report form. Application in practice. The Committee requests the Government to provide copies of the labour inspection reports carried out in accordance with Labour Act No. 4857 and the relevant regulations, as well as the reports of the other inspections on projects, industrial injuries and occupational diseases, complaints, establishment permits that the Government mentions in the report. It also requests the Government to supply the Committee with the annual statistics issued by the Social Insurance Institution, as well as information of the progress on the improving and modernizing of the statistical system. Finally it requests the Government to indicate progress in relation to the numerical targets set for the reduction of industrial injuries in the National Policy Document on Occupational Health and Safety (2006–08).

Part VI of the report form. Consultations held. The Committee requests the Government to supply the observations by the Turkish Confederation of Employers’ Associations (TÌSK) referred to in, but not attached to, the Government’s report.

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

The Committee notes the observations submitted on 2 September 2009 by the International Trade Union Confederation (ITUC) on behalf of the Confederation of Turkish Trade Unions (TÜRK-İŞ) concerning the application of the Convention transmitted to the Government on 2 October 2009. The Committee hopes that the next report that will be supplied by the Government for examination by the Committee will contain a response to these observations.

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

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

The Committee notes with interest the information regarding the new draft Bill on Occupational Safety and Health (OSH) due to be adopted soon. The Committee would be grateful if the Government would keep the Committee updated on any progress in this respect, and to transmit a copy of this law to the Office as soon as it has been adopted.

Articles 1(2) and 2(2) of the Convention. Scope of application. The Committee notes that the Government indicates that some categories of workplaces and workers are at present excluded from the application of the Convention, but that the scope of application of the new draft Bill will include all branches of economic activity and all the workers therein. The Committee requests the Government to provide information on any progress in this respect.

Article 5(b). Relationships between the material elements of work and the persons who carry out or supervise the work. The Committee notes the provisions of the Regulation on OSH, requiring the employer to observe the relationships between the material elements of work and the workers by adapting the work to the individual. The Committee requests the Government to provide additional information on how this Article is applied in practice.

Articles 5(d) and 19(b). Communication and cooperation at the level of the undertaking. The Committee notes the requirements for the establishment of OSH Boards in undertakings with more than 50 employees and section 11 of the Regulation on Occupational Health and Safety which provides for the right of employees or their representatives to make proposals and participate in negotiations as regards OSH. The Committee requests the Government to supply additional information on and to provide clarifications as to the state and structure of communication and cooperation within undertakings that employ less than 50 persons.

Article 7. Periodical review of the situation regarding occupational safety and health. The Committee notes the information provided by the Government that it is the responsibility of the National Council of OSH (NCOHS) and its working groups to periodically review the situation regarding occupational health and safety. The Committee would be grateful if the Government would provide further details regarding the frequency of the reviews and the substantive issues discussed in the Working Groups of NCOHS.

Article 11(b). The determination of work processes and of substances and agents, the exposure to which is to be prohibited, limited or made subject to authorization or control by the competent authority. The Government indicates in its report that legislation has been adopted which calls for risk assessment of hazardous substances used in the workplaces in order to determine measures to be taken with a view to protect the safety and health of the workers. It also indicates the setting up of limit values on the various chemical substances and the control and analysis of the information concerning the substances to be imported into the country is also performed by customs administration. The Committee requests the Government to provide further information on the existence of mechanisms for identifying hazardous work processes and for examining health hazards due to simultaneous exposure to several substances.

Article 11(f). Systems to examine chemical, physical and biological agents in respect of the risk to the health of workers. The Committee notes the information provided by the Government on the creation of the Working Group for the Action Plan of Prevention of Pneumoconiosis aiming at the elimination of asbestos from the workplaces. The Committee requests the Government to submit additional information on the work of the Working Group, including any practical outcomes from their work.

Article 12(b). Measures to make available information and undertake studies concerning the correct installation and use of equipment and the correct use of substances. The Committee notes the Government’s indication that this Article of the Convention had been implemented through the Regulation on Machine Security, but that this text is unavailable to the Committee. The Committee requests the Government to supply the text of the Regulation and to provide further information on how effect is given to this Article in law and in practice.

Articles 13 and 19(f). Right to removal. The Committee notes that the Government indicates that effect is given to these two provisions of the Convention through section 83 of the Labour Act No. 4857. The Committee notes however, that section 83 provides that the workers’ rights in this context are limited to making “an application to the occupational safety and health board with a request for the determination of the case and a decision for the adoption of necessary measures”. Although, in practice, workers that are faced with a serious and imminent danger will have to stop work in order to submit the required application, section 83 does not, as Article 13 requires, entitle the worker to take an independent decision to stop work. On the contrary, it specifically provides that the decision lies with the OSH Board. This provision does not either restrict the employers from requiring the worker to go back to work as required in Article 19(f). Furthermore, section 83 does not offer workers the required protection from undue consequences as it provides that the workers’ “wages and other rights shall be reserved during the period he refrains from working”. The Committee requests the Government to take the necessary measures to ensure compliance with Articles 13 and 19(f) of the Convention and to keep the Office informed of any developments in this respect.

Article 17. Collaboration in complying with the requirements of the Convention when two or more undertakings engage in activities simultaneously at one workplace. The Committee notes the Government’s indication that this Article of the Convention is applied through section 2 of the Labour Act No. 4857 which provides that in a “principal employer – subcontractor relationship” the principal employer shall be jointly liable with the subcontractor for the obligations ensuing from the Labour Act; the Regulation on Health and Safety in Constructive Works, (2003) and the provisions in section 17, Regulation on Duties of Workplace Health Services and Workplace Physicians and their Employment Principles and Procedures. The Committee requests the Government to supply additional information on and to clarify the situation where two “same level” enterprises collaborate in the same workplace and provide information as to whether the provisions cover all workplaces notwithstanding the number of personnel employed.

Article 18. Measures to deal with emergencies, accidents and first-aid arrangements. The Committee notes that section 81 of Labour Act No. 4857 provides that, in establishments where a minimum of 50 employers are employed, the employer is obliged to employ one or more physicians at the establishment and set up a health unit with a view to protect the health of the employees, to take OSH measures and to provide first aid, urgent treatment and preventive health services depending on the number of employees and the risk factors involved. It also notes the adoption of the Regulation on Duties of Workplace Health Services and Workplace Physicians and their Employment Principles and Procedures (2003) and Regulation on the Amendment of the Regulation on First Aid (2004). The Committee requests the Government to provide further information on how this Article of the Convention is applied in undertakings that employ less than 50 persons.

Article 19(e). Arrangements at the level of the undertaking ensuring suitable conditions for consultations between the employer, the workers and their representatives or representative organizations. The Committee notes that article 11 of the Regulation on OSH, provides for the employer to ask the views of employees or representatives concerning OSH, vest them with the right to make proposals and ensure that they participate in negotiations, while the representatives of workers who have special tasks regarding OSH may make proposals and request the employer to take necessary measures. However, the Committee notes that the Regulation on OSH was annulled on 16 May 2006. The Committee kindly requests the Government to provide information as to the application of this Article of the Convention in law and in practice after the annulment of the abovementioned Regulation.

Part V of the report form. Application in practice. The Committee requests the Government to provide copies of the labour inspection reports carried out in accordance with Labour Act No. 4857 and the relevant regulations, as well as the reports of the other inspections on projects, industrial injuries and occupational diseases, complaints, establishment permits that the Government mentions in the report. It also requests the Government to supply the Committee with the annual statistics issued by the Social Insurance Institution, as well as information of the progress on the improving and modernizing of the statistical system. Finally it requests the Government to indicate progress in relation to the numerical targets set for the reduction of industrial injuries in the National Policy Document on Occupational Health and Safety (2006–08).

Part VI of the report form. Consultations held. The Committee requests the Government to supply the observations by the Turkish Confederation of Employers’ Associations (TÌSK) referred to in, but not attached to, the Government’s report.