Observation (CEACR) - adopted 2014, published 104th ILC session (2015)

Occupational Health Services Convention, 1985 (No. 161) - Türkiye (Ratification: 2005)

Other comments on C161

Observation

Direct Request

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The Committee notes the observations made by the Confederation of Public Employees’ Trade Unions (KESK) received on 1 September 2014. The Committee also notes the observations made by KESK and the Confederation of Turkish Trade Unions (TÜRK-İŞ) as well as the observations submitted by the Turkish Confederation of Employers’ Associations (TİSK), annexed to the Government’s report and received on 3 November 2014.

The Committee further notes that, referring to the observations made by KESK received 1 September 2014, the Government indicates, in a communication received on 12 November 2014, that at this stage it has no comment to provide thereon.

The Committee also takes note of the observations made by the All Municipality Workers Trade Union (TÜM YEREL-SEN), received on 30 October 2014. The Committee requests the Government to provide its comments on these observations.

Articles 2 and 4 of the Convention. Formulation, implementation and periodical review of the national policy on occupational health services. Measures to be taken to give effect to the Convention. Consultations with the most representative organizations of employers and workers. In reply to the Committee’s previous comment on this point, the Government indicates that the National Occupational Safety and Health Council, which comprises representatives of the Government and workers’ and employers’ organizations, meets twice a year to formulate recommendations on occupational safety and health (OSH) policies and strategies with a view to improving the situation of OSH in the country. It adds that the Policy Document, currently under preparation, takes into account the opinions and suggestions formulated by the Council. Further to its observations submitted in 2010, KESK reiterates its allegations concerning the absence of genuine dialogue between the Government and the social partners during the preparation of the Occupational Safety and Health Act No. 6331 of 2012 (OSH Act No. 6331) and indicates that its comments and objections were never taken into account by the Government. The Committee wishes to point out that the national policy envisaged in Article 2 of the Convention relates to the organization, functioning and operation of occupational health services and that, in this regard, it should set out specific objectives within the framework of the national OSH policy envisaged in the Occupational Safety and Health Convention, 1981 (No. 155). The Committee also refers to its observation under Convention No. 155 in which it takes note of the ongoing efforts of the Government to improve safety and health at work through the development of a roadmap and the introduction of specific occupational safety measures in the mining and construction sectors. In view of these developments, the Committee wishes to emphasize the instrumental role of occupational health services in achieving the goals of the national OSH policy. The Committee asks the Government to provide information on: (1) the formulation, implementation and periodical review of its national policy on occupational health services within the framework of the national policy on OSH, in line with Article 2 of the Convention; (2) measures taken to give effect to the provisions of the Convention, in conformity with Article 4; and (3) consultations held with the most representative organizations of employers and workers and their results. The Government is also requested to supply any relevant documentation, including the Policy Document referred to above, relating to the national policy on occupational health services, to the consultation with the social partners and to provide any relevant legislation.

Article 3. Progressive development of occupational health services for all workers, including in the public sector. Further to its previous comments, the Committee notes the Government’s indication that the OSH Act No. 6331 applies to all workplaces in the public and private sectors. However, the Committee notes that section 2(1) of the Act provides for the exclusion of specific workers and activities from its scope of application. The Committee further notes the observations of KESK according to which the application of sections 6 and 7 of the OSH Act No. 6331, which provide for the setting up of OSH services in all undertakings, has been postponed to July 2016 as regards public employees. In this regard, the Committee notes that it is not clear from section 38 of the Act whether sections 6 and 7 are in force in all undertakings or are subject to gradual application. The Committee wishes to recall that Article 3(1) of the Convention requires member States to progressively develop occupational health services for all workers, including those in the public sector and the members of production cooperatives, in all branches of economic activity and all undertakings. Article 3(2) and (3) of the Convention provides that if occupational health services cannot be immediately established for all undertakings, member States shall draw up plans for the establishment of such services, in consultation with the most representative organizations of employers and workers, and provide information on any progress made in the application of these plans. In this regard, the Committee notes that the Government’s report does not contain sufficient information regarding the establishment of occupational health services and the branches of economic activity and categories of workers they cover. Accordingly, the Committee requests the Government to provide detailed information on the branches of activity in which occupational health services have been established, in law and in practice, and the numbers and categories of workers covered, on any plans for the establishment of such services in all economic sectors, including the public sector, and on consultations held with the social partners in this respect, in accordance with Article 3 of the Convention.

Articles 5 and 7. Functions of occupational health services. Organization of occupational health services. Occupational safety experts (OSEs). As regards the functions performed by occupational health services, the Government refers, in its report, to section 6 of the OSH Act No. 6331 which provides that employers shall designate workers as OSEs, occupational physicians and other health personnel to provide OSH, including activities relating to the protection of workers and the prevention of occupational risks. It adds that the “Directive on duties, competence, responsibilities and training of occupational physicians and other health personnel” determines the duties of occupational physicians, which include: counselling and making proposals to the employer on OSH matters; participating in research conducted in the field of OSH; monitoring and inspecting general hygiene conditions in the work environment; participating in risk assessments in the workplace; organizing the health surveillance of workers; providing training on OSH; cooperating with related units such as the OSEs and OSH committees; etc. In its observations, KESK points out that, with the OSH Act No. 6331, the responsibility of ensuring safety and health at the workplace has shifted from the Ministry of Labour and Social Security and employers to OSEs and occupational physicians. In this connection, KESK recalls that OSEs are not vested with any powers under the OSH Act No. 6331, but that in practice they are still held responsible for injuries sustained by workers and are liable for penalties. In this regard, the Committee wishes to point out that, according to Article 1(a) of the Convention, the term “occupational health services” means services entrusted with essentially preventive functions and responsible for advising the employer, the workers and their representatives in the undertaking, and that, as a consequence, the responsibility of ensuring a safe and secure working environment rests with the employer. The Committee further underlines that these services shall perform the functions listed in Article 5(a)–(k) of the Convention, as are adequate and appropriate to the occupational risks of the undertaking. Therefore, functions carried out by these services may vary according to the occupational risks of the undertaking. In this regard, the Committee wishes to draw the Government’s attention to the guidelines provided by Paragraphs 3–35 of the Occupational Health Services Recommendation, 1985 (No. 171). The Committee notes that it is not clear from the information provided in the Government’s report how the functions performed by OSEs, as listed in the OSH Act No. 6331 and its directive, are adapted in practice to all undertakings, regard being had to the size of the undertaking and to occupational hazards.

With regard to the organization of occupational health services, the Committee notes the observation made by TİSK on the application of Convention No. 155 according to which the obligation, under section 6 of the OSH Act No. 6331, to recruit occupational physicians and OSEs in all undertakings classified as dangerous or very dangerous, irrespective of the number of workers employed, places a heavier burden on employers in small and medium-sized enterprises (SMEs). In this regard, the Committee wishes to draw the Government’s attention to Article 7 of the Convention which provides that occupational health services may be organized as a service for a single undertaking or as a service common to a number of undertakings, as appropriate, and that in accordance with national conditions and practice, occupational health services may be organized by: the undertakings or groups of undertakings concerned; public authorities; social security institutions; any other authorized bodies; or a combination of any of the above. The Committee notes that it is not clear from section 38 of the Act whether sections 6, 7 and 8, which relate to the organization of occupational health services, are in force in all undertakings or are subject to gradual application. The Committee also notes that the main elements of the roadmap on how to improve OSH in mines, agreed upon between the Government and the social partners on 17 October 2014, include the clarification of the role of OSEs. In view of the recent developments in the country to improve safety and health at work and of the ongoing technical cooperation provided by the ILO, referred to in its observation on the application of Convention No. 155, the Committee requests the Government to examine the organization of occupational health services, including the points raised by the social partners, having due regard for the functions listed in Article 5 of the Convention, and to provide detailed information in this respect, including on the application of the Convention in practice.

Furthermore, the Committee takes note of the Government’s announcement, made on 12 November 2014, concerning the introduction of a series of occupational safety measures in the mining and construction sectors with the specific aim of reducing the incidence of fatal occupational accidents and enhancing safety standards at the workplace. The Government is requested to provide information on any measures taken in relation with the application of the Convention.

The Committee is raising other matters in a request addressed directly to the Government.

[The Government is asked to reply in detail to the present comments in 2015.]