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

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.

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.]