Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

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

The Committee notes the observations of the Confederation of Turkish Trade Unions (TÜRK-IS) communicated with the Government’s report for 2017. TÜRK IS observes that, despite comprehensive legislation in this area, the transport sector ranks first in the statistics on fatal occupational accidents. According to the trade union organization, this situation indicates some gaps and calls for an analysis to determine whether the legal framework and practice are consistent with the Convention. The Committee requests the Government to provide comments in this regard, and to specify whether a situation analysis has been carried out and whether measures have been taken in response to the concerns expressed by TÜRK-IS with regard to accidents in the transport sector and, specifically, in the port sector.

Article 4(3) of the Convention. Technical standards and codes of practice. Further to its previous comments in which it welcomed the Government’s initiative to translate into Turkish and disseminate the ILO code of practice entitled Safety and health in ports (2005), the Committee notes the Government’s indication in its latest report that 500 copies of the translated code of practice were distributed to Ministry of Labour and Social Security offices, relevant institutions and industry professionals. The Committee considers it useful to recall that the aforementioned code of practice was revised in November 2016 and is available on the ILO website. The Committee requests the Government to continue to provide information on the use of the ILO code of practice on safety and health in ports.

Article 13(4). Persons authorized to remove guards and safety devices, read together with Article 3. Definitions of lifting appliances and loose gear. The Committee notes that, in reply to its previous comments, the Government refers to section 13 of the Regulation on Health and Safety Conditions in the Use of Work Equipment (2013), relating to persons authorized to perform periodic checks. Nevertheless, the Committee recalls 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: (a) remove any guard where this is necessary for the purpose of the work being carried out; (b) remove a safety device or make it inoperative for the purpose of cleaning adjustment or repair. 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. Testing and inspection of lifting appliances and loose gear and recording of information relating thereto, read together with Article 3. Definitions of lifting appliances and loose gear. 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 giving effect to these Articles of the Convention with regard to the periodic testing and certification of lifting appliances and loose gear. The Committee recalls that it has for some years been asking the Government to specify the national legislation defining lifting appliances and loose gear, since the distinction between these two categories of equipment is legally relevant, including with regard to the application of the requirements for the testing, examination and inspection of such equipment, as defined in Articles 22–25. Furthermore, the Committee recalls that the Government previously expressed its intention to give effect to these Articles by taking measures to determine the procedures and principles regarding the type of equipment to be inspected, the frequency and conditions of such inspections and the persons qualified to conduct them, as well as the documents to be drawn up following inspections. The Committee observes that the Government’s latest report contains no information in this regard. The Committee requests the Government to provide further information on the relevant legislation defining lifting appliances and other loose gear in ports, as well as on the specific measures taken, pursuant to the Regulation on Health and Safety Conditions in the Use of Work Equipment, to determine the conditions for testing, examination and periodic inspection of these port facilities, thus giving effect to Articles 22–25 of the Convention. The Committee further requests the Government to provide specimen minutes, records and certificates drawn up following examination of lifting appliances and other loose gear.

Articles 18, 20, 21 and 26 to 31. The Committed previously noted the Government’s indication that sections 1, 2 and 4 of the Labour Act (No. 4857) gave effect to these Articles of the Convention. However, the Committee observed that these legislative references were unrelated to the implementation of the Articles of the Convention. The Committee notes that the Government now refers to article 8 of the Regulation on Health and Safety Conditions in the Use of Work Equipment as giving effect to the Articles of the Convention. The Committee notes, however, that because of its general nature, this section of the Regulation does not give full effect to the aforementioned Articles of the Convention. The Committee is bound once again to request the Government to indicate more specifically the measures giving effect to Articles 18, 20, 21, and 26–31 of the Convention. As a reminder, these measures relate to 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); and safety requirements when handling loads (Article 30).

Part V of the report form. Application in practice. The Committee notes the information provided relating to the recording and notification procedures for occupational accidents and diseases under the Occupational Health and Safety Act (No. 6331). It further notes that during the period from 1 June 2012 to 31 May 2017, the Inspection Board of the Ministry of Labour conducted 26 port work inspections, involving 4,923 workers. As a result of these inspections, the inspection service imposed administrative fines amounting to a total of 55,571 Turkish lira. The Committee observes that the Government provides no information in reply to its previous comments in which it observed the absence of statistics on occupational accidents and diseases among port workers and recalled that such information was an essential preventive tool for the establishment and maintenance of safe and healthy working conditions in ports. It also underscored the need to develop statistical systems and methodologies that would permit the identification of safety and health problems relating to the specific and hazardous conditions in which port work is performed. The Committee requests the Government to indicate any measures taken or envisaged to follow up on its recommendations in order to have available statistics to determine the number of port workers covered by the Convention and the number and nature of occupational accidents and diseases reported in the port sector. The Committee further requests the Government to continue to provide information on the number and nature of violations reported and measures taken in that regard.

Legislation. The Committee reiterates its request to the Government to provide copies of the following documents which it mentions in successive reports, in one of the official languages of the International Labour Office, if possible: (i) document No. 5196 on the Occupational Safety and Health Act (No. 6331 of 20 June 2012); (ii) the Regulation on Health and Safety measures to be taken in Structures and Extensions of Workplaces, and the annex thereto; (iii) the regulations of the Social Security Institution to which sections 13 and 14 of the Occupational Safety and Health Act refer; (iv) the Directive on Occupational Health and Safety; (v) the Directive on the Measures to be taken on Works and Workplaces in which Flammable, Explosive, Hazardous and Harmful Materials Are Used; and (vi) the Directive on Occupational Health and Safety in Construction Work.