Observation (CEACR) - adoptée 2010, publiée 100ème session CIT (2011)

The Committee notes the information in the Government’s latest report, the attached comments by the Confederation of Turkish Trade Unions (TÜRK-İŞ) and the Turkish Confederation of Employer Associations (TİSK), and the comments submitted on 1 September 2009 by the International Trade Union Confederation on behalf of TÜRK-İŞ, which indicate that the draft bill on occupational safety and health (OSH) has not yet been adopted. The Committee further notes that the Government has provided information which appears to give further effect to Articles 7 and 11(b) and (f) of the Convention. The Committee hopes that the proposed legislation will be adopted soon and asks the Government to provide a copy of the relevant legislation, once adopted, indicating the specific provisions that give effect to Articles 1(2) and 2(2) on the scope of application; Article 5(b) on relationships between the material elements of work and the persons who carry out or supervise the work; Articles 5(d) and 19(b) on communication and cooperation at the level of the undertaking; Articles 13 and 19(f) on the right to removal; Article 17 on collaboration between two or more undertakings engaged in activities simultaneously at one workplace; and Article 19(e) on the right of workers or their representatives to inquire into, and be consulted by the employer on all aspects of OSH associated with their work.

Article 12(b) of the Convention. Measures to make available information and undertake studies concerning the correct installation and use of equipment and the correct use of substances. The Government indicates that there are provisions in place regarding the information to be provided by producing or supplying companies, and that it would be useful to receive the text of the machinery safety regulations from the Ministry of Industry and Commerce. The Committee reiterates its request that the Government supply the text of the abovementioned regulations, and to indicate the specific provisions that ensure that those who design, manufacture, import, provide or transport machinery, equipment or substances for occupational use, make available information concerning correct installation and use, and information on hazards and instructions on the way these are to be avoided, as required by Article 12(b).

Article 18. Measures to deal with emergencies, accidents and first-aid arrangements. In its comments, TİSK raises their concerns regarding the Government’s intention to abolish the current threshold of 50 workers when requiring enterprises to employ one or more physicians and set up a health unit as they fear that this will result in heavier burdens on employers in small and medium-sized enterprises and may encourage enterprises to engage in undeclared employment. The Committee refers the Government to paragraphs 181–191 of its 2009 General Survey on occupational safety and health for further information on the application of Article 18, which may vary depending on the size and activity of the undertaking. The Committee asks the Government to indicate in its next report the measures taken or envisaged to ensure full effect is given to this Article of the Convention in enterprises that employ less than 50 persons.

Part V of the report form. Application in practice. The Committee welcomes the information provided by the Government on the projects undertaken to ensure the harmonization of the administrative records of the Ministry of Labour and Social Security, and affiliated and related institutions, with the national and European definitions, classifications and standards, and for the improvement of the statistical system in Turkey. The Committee also notes the comments which indicates a 12 per cent decrease in the number of workplace accidents between 2005 and 2007 as a result of increasing countrywide effectiveness of OSH services. The Committee further notes the comments submitted by TÜRK-İŞ indicating that a new OSH policy document has been adopted by the National Health and Safety Council for 2009–13. TÜRK-İŞ alleges, however, that there are still shortcomings in OSH measures in practice as far as subcontracting is concerned. The Committee asks the Government to provide information on measures taken or envisaged to address the application of the Convention to subcontracted workers; to provide a copy of the 2009–13 OSH policy document; and to continue to provide information on the application of this Convention in practice, with particular reference to ongoing activities under the National Pneumoconiosis Prevention Action Plan.