Observation (CEACR) - adopted 2016, published 106th ILC session (2017)

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 of the Confederation of Public Employees’ Trade Unions (KESK), the Confederation of Turkish Real Trade Unions (HAK-İŞ), the Confederation of Turkish Trade Unions (TÜRK-İŞ), and the Turkish Confederation of Employers’ Associations (TİSK), communicated with the Government’s report. The Committee further notes the responses of the Government to the observations of KESK, received on 7 September 2015, and to the observations of the All Municipality Workers Trade Union (TUM YEREL SEN), received on 30 October 2014. The Committee also notes the observations made by KESK, communicated with the Government’s 2016 report on the Occupational Safety and Health Convention, 1981 (No. 155), which are relevant to the application of Convention No. 161.

Article 2 of the Convention. Formulation, implementation and periodic review of a coherent national policy on occupational health services. With reference to its previous request for information on the formulation, implementation and periodic review of a national policy, the Committee notes the Government’s indication that the 2014–18 National Policy Document III and the Action Plan on Safety and Health at Work have been issued. The Committee notes that the Policy contains several references to the desirable improved performance of occupational health services. The Committee however notes KESK’s observations that many decisions in the previous National Action Plans have not been implemented, for example with regard to the rate of occupational accidents. The Committee requests the Government to provide its comments in this respect.

Article 3. Progressive development of occupational health services for all workers and all branches of economic activity. In its previous comment, the Committee noted the insufficient information regarding the establishment of occupational health services and the branches of economic activity they cover. In this regard, the Committee welcomes the Government’s indication that as of 1 July 2016 there is an obligation for the assignment of an occupational health and safety physician and specialist in all workplaces without any limitation as to the number of employees, sector and class of danger, including the public sector. The Committee notes however KESK’s observations that there are not enough occupational safety experts and workplace physicians in the public sector and that 33 per cent of workers are employed in the informal sector and 2 million workers are subcontracted. Furthermore, TİSK observes problems implementing the OSH Act in the public and agricultural sectors. In this regard, the Committee notes that objective 4 of the National Policy Document III provides for increasing activities that aim to develop OSH in the public and agricultural sectors. The Committee requests the Government to provide its comments in this respect.

Article 4. Consultations with the most representative organizations of employers and workers. With reference to its previous request for information on the consultations held regarding national policy, the Committee notes the Government’s indication that several meetings have been held within the National OSH Council. The Committee further notes HAK-İŞ’ observations indicating that measures have not been taken to strengthen the functions of the National OSH Council and increase its efficiency. KESK observes that laws are not always prepared in consultation with the social partners, and that the social partners are allowed only very limited time to put forward their views during parliamentary committee sessions. TİSK refers to the need to provide the social partners with adequate time to develop their views for consultation on legislative changes. The Committee requests the Government to provide its comments in this respect.

Articles 5 and 7. Functions of occupational health services. Organization of occupational health services. With reference to its previous comment concerning the organization of occupational health services and their functions, the Committee notes the information provided by the Government on the recent amendments to the OSH Act by Act No. 6645/2015 that reinforce the duties and functions of occupational health services, including their role in providing guidance and consultancy services to employers. Pursuant to section 9 of the OSH Act, workplaces are separated into hazard classes and occupational services are organized accordingly. The Government further indicates that several specific regulations have been enacted to regulate the qualification, recruitment, assignment, duties and performance of occupational physicians, occupational safety specialists and other health-care personnel. The Committee notes the observations made by HAK-İŞ regarding the positive steps taken by the Government on the application of the Convention, and in particular the amendments to the OSH Act by Act No. 6645, as well as other statutes and decrees that have entered into force. The Committee notes this information.

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