Demande directe (CEACR) - adoptée 2009, publiée 99ème session CIT (2010)

Further to its observation, the Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 5 of the Convention. Functions of the occupational health services. The Committee notes the general information provided on the functions of the prescribed health services. The Committee requests the Government to provide some further details concerning measures taken to give effect to the more detailed provisions in this Article and, as appropriate, to take the implementation of this Article into account in the context of the ongoing revision of the general OSH law.

Article 6. Implementing the Convention through legislation. The Committee notes that the Government indicates that national legislation relevant for the application of this Convention is under revision. The Committee notes with interest that the declared intention is to extend the scope of national OSH legislation to offer further protection for workers as regards OSH. In this context the Committee hopes that the Government will specifically take into account the need for occupational health services in enterprises employing less than 50 persons and within small and medium-sized enterprises and transmit copies of relevant legislation as soon as it has been adopted.

Article 8. Cooperation between employers, workers and their representatives. Article 11. Required qualifications for occupational health services personnel. The Committee notes that the legal basis for the application of these provisions was regulated in the now repealed Regulation on Occupational Health and Safety. The Committee hopes that the Government will take also this matter into account in the context of the ongoing revision of national legislation and request the Government to provide further information on measures taken to give effect to this provision.

Article 12. Health surveillance at no cost to the workers. The Committee notes that the report is silent on this question. Although it seems as though the expenditures for the surveillance of workers’ health in relation to work are to be met by employers of the undertaking as it is their responsibility, the Committee requests the Government to clarify that appropriate measures have been taken, in accordance with Article 12, ensure that health surveillance is provided at no cost to the workers.

Articles 14–15. Ensuring that the health services receive relevant information. The Committee notes the limited information on measures taken to apply these Articles. The Committee requests the Government to provide additional information on measures taken to ensure that the health services are properly informed about factors concerning the workers’ health, occurrences of ill health amongst the workers and absence from work for health reasons.

Part VI of the report form. Application in practice. The Committee requests the Government to provide a general appreciation of the manner in which the Convention is applied in practice together with the material the Government refers to in its report, including records of monthly inspections carried out in accordance with the Labour Act and the relevant regulations, as well as reports of other inspections on projects, industrial injuries and occupational diseases, OSH complaints, establishment permits, together with extracts from relevant inspection reports referred to by the Government in the report.

Part VII 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 to the Office the TÌSK observations referred to in its report.