Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Repetition

With reference to the information provided by the Government in its first report regarding relevant legislation giving effect to the Convention, the Committee notes that the referenced Regulation on Occupational Health and Safety appears no longer to be in force since 16 May 2006. The Committee notes, however, that the Government indicates that certain new legislation, relevant in this area, is to be adopted. The Committee hopes that the new legislation to be adopted will replace the abovementioned regulation to ensure that effect is given to the Convention in relevant parts and requests the Government to transmit to the Office copies of relevant legislation as soon as it has been adopted.

Article 4(2)(g), (h) and (k) of the Convention. Technical measures covering hatches, etc. The Committee notes the absence of information concerning technical measures to be taken in pursuance of Part III of the Convention covering the opening and closing of hatches, protection of hatchways and work in holds, construction, maintenance and use of staging, rigging and use of ship’s derricks and stalking and storage of goods. The Committee requests the Government to provide further information on the effect given, in law and in practice to Article 4(2)(g), (h) and (k).

Article 4(3). Technical standards and codes of practice. The Committee notes the absence of information regarding technical standards and codes of practice used in relation to dock work. The Committee also notes the Memorandum of Understanding signed between the ILO and the Ministry of Labour and Social Security (Directorate for Occupational Health and Safety) for the translation, printing and publication of the ILO code of practice Safety and health in ports, 2005 (www.ilo.org/public/english/protection/safework/cops/english/ download/e_ports.pdf). Against this background the Committee requests the Government to provide further information as regards the use of technical standards and codes of practice.

Article 5(2). Cooperation between two or more employers at the same workplace. The Committee notes that the Government indicates that Labour Law No. 4857 gives effect to this Article of the Convention and that it regulates, specifically, cooperation between hierarchically related enterprises. The Committee requests the Government to provide further information on the effect given to this Article as regards collaboration between two unrelated “same level” enterprises working at the same workplace.

Article 8. Cessation of work at unsafe workplaces. The Committee notes the reference made to Annex 3 of the Regulation on the Methods and Principles of Granting Operating License to the Port Installations regarding warning signs, etc., to be set up when loading and unloading fuel products/chemicals or other hazardous liquid freights. The Committee notes however that the referenced regulation does not provide for the cessation of work when the workplace has become unsafe and that there is no information on more generally applicable provisions regulating the situations covered by this Article. The Committee requests the Government to provide further information on the effect given to this Article.

Article 9. Adequate and suitable lighting. The Committee notes the reference made to the provisions regarding back-up systems for the lighting systems in ports and the provisions concerning lighting during loading and unloading fuel products/chemicals or other hazardous liquid freights. The Committee requests the Government to provide further information regarding more generally applicable provisions giving effect to the requirement in this Article for the provision of suitable and adequate lighting at all places where dock work is carried out.

Article 10(1) and (2). Suitable surfaces for vehicle traffic or stacking of goods. The Committee notes that the regulations referred to by the Government in application of this provision is too general and does not, for instance, specify which type of installations they apply to. The Committee requests the Government to provide further information on measures taken to give effect to this provision of the Convention.

Article 13(4), read together with Article 3. Persons authorized to remove guards and safety devices of machinery. The Committee notes the Government’s reference to provisions in section 12 of the Directive on Occupational Health and Safety for the appointment of a responsible person for the purposes mentioned in paragraph 3 and the designation of an authorized person for the purposes mentioned in paragraph 4. With reference to the absence of information in this respect the Committee requests the Government to provide further information regarding the criteria determining an authorized person referred to in Article 3 and Article 13(4).

Articles 22 to 25. Testing and inspection of lifting appliances and loose gear and recording of information related thereto, read together with Article 3. Definitions of lifting appliances and loose gear. The Committee notes that the Government’s report is silent as regards the definitions of lifting appliances and loose gear and that the distinction between these two categories of equipment is legally relevant inter alia for the application of the requirements regarding testing, examination and inspection thereof in Articles 22–25. The Committee also notes that as regards Article 24, the Government indicates that it intends to determine the procedures and principles regarding the type of equipment that will be inspected, the frequency, the conditions under which and by whom these inspections will be made and the documents that will be prepared as a result of these inspections. The Committee requests the Government to provide further information on the effect given to these Articles in law and in practice.

Articles 18, 20, 21 and 26–31. The Committee notes that the Government indicates that effect is given to these provisions in comprehensive regulations, but that no further specific information is provided in this respect. The Committee requests the Government to indicate, in more detail and with reference to relevant legislation, the effect given to these Articles of the Convention.

Articles 16, 17(2) and (3), 19, 32(1) and (2), and 40. The Committee notes the absence of information regarding the application of these Articles of the Convention and requests the Government to provide information in this respect.

Part IV of the report form. Relevant decisions by courts of law. The Committee notes that the Government indicates that during the reference period certain court decisions involving questions of principle relating to the application of the Convention have been taken by courts of law or other tribunals. The Committee requests the Government to provide further details on relevant court cases.

Part V of the report form. Practical application of the Convention. The Committee requests the Government to provide a general appreciation of the manner in which the Convention is applied in the country and attach extracts from the reports of inspection services, information on the number of workers covered by the legislation, the number and nature of contraventions reported and the resulting action taken.

Part VI of the report form. Comments from employers’ and workers’ organizations. The Committee notes the reference made in the Government’s report to observations reportedly received from the Turkish Confederation of Employer Associations (TÌSK) but that these observations were not attached to the report. The Committee requests the Government to submit the TÌSK observations referred to in its report.