CMNT_TITLE

Occupational Safety and Health Convention, 1981 (No. 155) - Türkiye (RATIFICATION: 2005)

Other comments on C155

Observation

Direct Request

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The Committee notes the observations of the Confederation of Public Employees’ Trade Unions (KESK), communicated with the Government’s report. The Committee also notes the response of the Government to the observations of KESK received on 7 September 2015.

Articles 5(d) and 19(b) of the Convention. Communication and cooperation at the level of the undertaking. In its previous comment, the Committee noted that there was no requirement in Occupational Safety and Health (OSH) Act No. 6331 of 2012 to establish an OSH committee in undertakings with fewer than 50 employees and where permanent work is performed for less than six months. The Committee notes the Government’s indication that section 7 of the notification on the qualifications of worker representatives concerned with OSH (No. 28750 of 2013) provides that in workplaces where there is no obligation to establish an OSH committee, namely in an enterprise with between two and 50 workers, a worker representative will be assigned. The Committee also notes that the Regulation on OSH Risk Evaluation (No. 28512 of 2012) requires the participation of workers and their representatives when carrying out a risk assessment. The Committee further notes that section 18 of the OSH Act covers consultation with and participation of workers and their representatives, and that section 20 provides that a worker representative shall be designated in all workplaces. The Committee takes note of this information.

Article 19(e). Right of workers or their representatives to inquire into all aspects of OSH associated with their work and recourse to external technical advisers. In its reply to the Committee’s comment on the right of workers or their representatives to inquire into all aspects of OSH associated with their work, the Government refers to section 9 of Notification No. 28750, which provides that worker representatives shall participate in OSH related activities. The Committee further notes that section 16 of the OSH Act requires employers to ensure that worker representatives have access to information related to safety and health at work. The Committee takes note of this information.

Article 21. Absence of expenditure for workers regarding OSH measures. The Committee notes the observations by KESK alleging that expenditure on OSH measures is not borne by the employer, particularly in public workplaces such as hospitals and schools. The Committee also notes the Government’s indication that, pursuant to sections 4(4), 9(1) and 17(7) of the OSH Act, measures related to OSH may in no circumstances involve the workers in financial costs, including training and OSH services, and that pursuant to section 15(4) employers are required to cover all expenses arising from health surveillance. The Committee takes note of this information.

Application in practice. With reference to its previous comment requesting information on the application of the Convention in practice, the Committee notes the information on the outcomes of the 23rd and 24th meetings of the National OSH Council, including measures for the definition, diagnosis and notification of occupational diseases.