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Repetition Part V of the report form. Application of the Convention in practice. In its previous comments, the Committee had noted the observation made by the Confederation of Turkish Workers’ Trade Unions (TÜRK-IŞ) that the application of the Convention is unsatisfactory due to the insufficiency of inspections and sanctions. It had also noted the observation made by the Confederation of Turkish Employers’ Associations (TISK), which expressed discontentment because of the insufficiency of occupational health services. In this regard, the Government had indicated that, once the draft Executive Decree concerning the establishment of the General Directorate of Occupational Health (GDOH) is adopted and the General Directorate established, the inspection and occupational health services would improve. The Committee notes the Government’s information that Law No. 4947 of 24 June 2003 regulates the tasks to be performed by the GDOH, whose responsibilities include taking measures to protect all employees in matters of occupational safety and health. The Committee notes, among other activities undertaken by the GDOH, the creation, on 25 February 2005, of the National Council for Occupational Health and Safety, which constitutes a forum for discussion where all the concerned parties are represented, including social partners, universities, professional organizations, trade unions of officials and non-governmental organizations. Furthermore, the Committee notes that a multitude of new regulations were adopted pertaining to occupational health and safety in many sectors. More specifically, it notes with interest that sections 91 and 92 of Labour Act No. 4857 entrust the task of monitoring the implementation of labour legislation to officials of the Ministry of Labour and Social Security who are entitled, when they deem it necessary, to inspect or examine establishments, their administration, registers, records, etc. By virtue of subsection (2) of section 92, it is the duty of the employer, his/her representatives, the employees and any other person concerned to give to the officials any information requested or hand over any relevant documents and records. The Committee also notes the Government’s information that, by virtue of Labour Act No. 4857, employers are liable to a fine of 167 new Turkish liras for each employee if they fail to produce the medical certificate for employees in accordance with section 86 (arduous or dangerous work), and to the same amount if they do not procure medical certificates for children in accordance with section 87 (young persons between 14 and 18 years, including those in their eighteenth year).Finally, the Committee notes that, according to the statistics provided by the Government, 26,617 inspections were conducted in 2006, in which 1,158,372 employees were reached. Throughout these inspections, particular attention was given to young persons between 14 and 18 years in enterprises by verifying their medical certificates, in accordance with section 87 of Labour Act No. 4857, as well as verifying the repetition of their medical examinations every six months. The Committee requests the Government to provide more detailed information on the results collected through these inspections and, more specifically, on the number of violations reported of national legislation on the medical examination of young workers. It also requests the Government to continue providing information on the practical application of the Convention.Part VI of the report form. The Committee notes that the Government has communicated copies of its report to various organizations of employers and workers, in conformity with the Convention. However, it observes that observations made in response to the Government’s report by the TISK were not attached to the report, despite the Government’s indication to the contrary. Consequently, the Committee requests the Government to communicate, as soon as possible, the observations made by the TISK to the Office.
The Committee notes the Government’s report.
Article 2, paragraph 1, of the Convention. Medical examination for the employment of young persons under 18 years. The Committee notes with interest that section 87 of Labour Act No. 4857 of 22 May 2003 provides that, before being admitted to any employment whatsoever, young employees between 14 and 18 (including those in their eighteenth year) shall be examined by a medical practitioner and shall be certified as being physically fit for the job to be performed, taking into consideration the nature and conditions of the work.
Article 3, paragraphs 2 and 3. Repetition of the medical examination. The Committee notes with interest that subsection (2) of section 87 of Labour Act No. 4857 provides that, until they have reached the age of 18, employees shall be subject to medical examinations at least every six months. Furthermore, section 13 of the Regulations on the fundamentals and principles of the employment of children and young workers of 6 April 2004, which were adopted pursuant to the abovementioned Labour Act, provides that in cases when it is necessary to make changes in working conditions and if, upon evaluation, it is established that there is a risk from the point of view of the child or young worker’s physical or mental development or safety, the necessary medical checks must be carried out as soon as possible.
Article 4, paragraph 1. Medical examinations in occupations which involve high health risks, and re-examinations. The Committee notes with interest that, by virtue of section 86 of Labour Act No. 4857, an employee shall not be engaged for any arduous or dangerous work without a certificate based on the results of a medical examination to prove that he is physically fit for the job in question and robust. Moreover, the employees engaged in such work must be subjected to a medical examination at least once a year.
Part V of the report form. Application of the Convention in practice. In its previous comments, the Committee had noted the observation made by the Confederation of Turkish Workers’ Trade Unions (TÜRK-IŞ) that the application of the Convention is unsatisfactory due to the insufficiency of inspections and sanctions. It had also noted the observation made by the Confederation of Turkish Employers’ Associations (TISK), which expressed discontentment because of the insufficiency of occupational health services. In this regard, the Government had indicated that, once the draft Executive Decree concerning the establishment of the General Directorate of Occupational Health (GDOH) is adopted and the General Directorate established, the inspection and occupational health services would improve. The Committee notes the Government’s information that Law No. 4947 of 24 June 2003 regulates the tasks to be performed by the GDOH, whose responsibilities include taking measures to protect all employees in matters of occupational safety and health. The Committee notes, among other activities undertaken by the GDOH, the creation, on 25 February 2005, of the National Council for Occupational Health and Safety, which constitutes a forum for discussion where all the concerned parties are represented, including social partners, universities, professional organizations, trade unions of officials and non-governmental organizations.
Furthermore, the Committee notes that a multitude of new regulations were adopted pertaining to occupational health and safety in many sectors. More specifically, it notes with interest that sections 91 and 92 of Labour Act No. 4857 entrust the task of monitoring the implementation of labour legislation to officials of the Ministry of Labour and Social Security who are entitled, when they deem it necessary, to inspect or examine establishments, their administration, registers, records, etc. By virtue of subsection (2) of section 92, it is the duty of the employer, his/her representatives, the employees and any other person concerned to give to the officials any information requested or hand over any relevant documents and records. The Committee also notes the Government’s information that, by virtue of Labour Act No. 4857, employers are liable to a fine of 167 new Turkish liras for each employee if they fail to produce the medical certificate for employees in accordance with section 86 (arduous or dangerous work), and to the same amount if they do not procure medical certificates for children in accordance with section 87 (young persons between 14 and 18 years, including those in their eighteenth year).
Finally, the Committee notes that, according to the statistics provided by the Government, 26,617 inspections were conducted in 2006, in which 1,158,372 employees were reached. Throughout these inspections, particular attention was given to young persons between 14 and 18 years in enterprises by verifying their medical certificates, in accordance with section 87 of Labour Act No. 4857, as well as verifying the repetition of their medical examinations every six months. The Committee requests the Government to provide more detailed information on the results collected through these inspections and, more specifically, on the number of violations reported of national legislation on the medical examination of young workers. It also requests the Government to continue providing information on the practical application of the Convention.
Part VI of the report form. The Committee notes that the Government has communicated copies of its report to various organizations of employers and workers, in conformity with the Convention. However, it observes that observations made in response to the Government’s report by the TISK were not attached to the report, despite the Government’s indication to the contrary. Consequently, the Committee requests the Government to communicate, as soon as possible, the observations made by the TISK to the Office.
The Committee notes the information supplied by the Government in its report, in particular the statistical information on the number of inspections made with regard to occupational safety and health issues in relation to the number of young workers during the past five years. The Government explains that medical examination reports certifying fitness for employment of young persons were required by the labour inspectors and that in the event of absence of valid medical certificates, levies were imposed on the employer. The amount of these levies has been increased by 52.1 per cent since the beginning of this year.
In this context, the Committee notes that in the opinion of the Confederation of Turkish Workers’ Trade Unions (TÜRK-IŞ), communicated by the Government in its report as well as by a separate letter, the application of the Convention is unsatisfactory due to the insufficiency of inspections and sanctions. For its part, the Confederation of Turkish Employers’ Associations (TISK) expressed, in the comments supplied also with the Government’s report, discontentment because of the insufficiency of occupational health services. The Committee states that both TÜRK-IŞ and TISK already made similar observations in their 1994 comments provided with the Government’s report. In this respect, the Government however indicates that the draft Executive Decree concerning the establishment of the General Directorate of Occupational Health is presently at the Office of the President for ratification. The Government expects that, once the abovementioned Directorate is established, the insufficiency of inspections as well as the efficiency of occupational health services will improve. Taking due note of the information, the Committee hopes that the draft Decree concerning the establishment of the General Directorate of Occupational Health will be adopted in the near future and requests the Government to transmit a copy as soon as it has been adopted. The Committee requests the Government to continue to provide information on the practical application of the Convention.
In its previous comment, the Committee had requested the Government to provide information on the application in practice of the Convention including reports of the inspection services and information concerning the number and nature of the contraventions reported, if such statistics are available. The Committee notes, from the Government's latest report, that statistical information requested is not available.
The Committee asks the Government to give a general appreciation of the manner in which the Convention is applied including extracts from official reports and information on any practical difficulties in the application of the Convention.
The Committee notes that in the opinion of the Confederation of Turkish Workers Trade Unions (TURK-IS), communicated by the Government in its report, the application of the Convention is unsatisfactory due to the insufficiency of inspections and sanctions. For its part, the Confederation of Turkish Employers Associations (TISK) stated, in the comments supplied also with the Government's report, that the affiliated undertakings had experienced difficulties because of the insufficiency or inefficiency of occupational health services and of industrial physicians available. The Government is requested to provide the comments concerning these statements which it considers pertinent.
The Committee takes note with interest of the information supplied by the Government in its report and of the provisions of sections 9(b) and 10(c) of the Apprenticeship Training Regulation of 16 December 1986 prepared in conformity with Act No. 3308 of 5 June 1968. The mentioned provisions cover apprentices under 19 years of age whose state of health and physical condition shall be certifying as fit for performing the work required by a given occupation by a physician (the medical certificate specimen was attached to the Government's report).
The Committee requests the Government to provide information on the application in practice of the Convention including reports of the inspection services and if such statistics are available, information concerning the number and nature of the contraventions reported.
The Committee takes note of the Government's report and of the information concerning the scope of section 2 of the Small Tradesmen and Artisans Act, No. 507, in relation to Article 1 of the Convention.
With regard to the exclusion of apprentices under the age of 18 years from the scope of the Labour Act, the Committee takes note of the Government's explanations and the provisions mentioned in its report regarding the health of apprentices. However, it is not clear from these provisions that full effect is given to the Convention. The Committee would be grateful if the Government would provide additional information on the measures issued under section 10 of Act No. 3308 of 5 June 1968, and recalls that apprentices are covered by the provisions of the Convention and, accordingly, are subject to a full medical examination in accordance with the procedures and conditions laid down by these provisions.