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

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

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

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

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

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

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

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