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

Türkiye

Radiation Protection Convention, 1960 (No. 115) (Ratification: 1968)
Guarding of Machinery Convention, 1963 (No. 119) (Ratification: 1967)
Maximum Weight Convention, 1967 (No. 127) (Ratification: 1975)
Occupational Safety and Health Convention, 1981 (No. 155) (Ratification: 2005)
Occupational Health Services Convention, 1985 (No. 161) (Ratification: 2005)
Safety and Health in Construction Convention, 1988 (No. 167) (Ratification: 2015)
Safety and Health in Mines Convention, 1995 (No. 176) (Ratification: 2015)
Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187) (Ratification: 2014)

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.