Observation (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes the Government’s report indicating the adoption by the Grand National Assembly of Turkey (TBMM) of Framework Law No. 4703 for harmonizing national legislation with the Community legislation (Acquis Communautaire) which came into force on 11 January 2002, and of the promulgation in the Official Gazette on 5 June 2002 of the Safety of Machinery Implementing Regulations prepared following Decisions Nos. 1/28 and 2/97 of the Turkey-EU Association Council. The Committee would be grateful if the Government could provide copies of the said Law and Regulations.

The Committee notes the Government’s replies to its previous comments based on the observations made by the Turkish Confederation of Employer Associations (TISK) and the Confederation of Turkish Trade Unions (TÜRK-IŞ). The Committee also notes the comments made by TÜRK-IŞ relating to the application of Articles 17 and 15 of the Convention.

1.  Article 17. The Committee notes the Government’s report does not reply to its previous comments requesting the Government to take the necessary measures to extend the scope of the 1983 Regulations on Guarding of Machinery, which were applicable only to the commercial and industrial sectors, to all sectors of the economy including agriculture, air and sea transport. It also notes the comments made once again by TÜRK-IŞ that the main problem in the application of the Convention was that agriculture and air and sea transportation fields were not covered within the scope of application of the Regulations of 1983, which it indicated should be amended to cover the entire economy. The Committee would like to reiterate its hope that the Government will shortly take the necessary steps in order to give full effect to the Convention in all branches of economic activity.

2.  Article 15 and Part V of the report form. Further to its previous comments, the Committee notes the Government’s reply that inspections carried out by the Labour Inspection Department of the Ministry of Labour and Social Security were based on the provisions of the implementing Regulations on Guarding of Machinery of 1983 and the Labour Act No. 1475. The Government indicates that, according to the Labour Inspection General Report, out of the 3,268 inspected industrial accidents, 1,107 were caused by machinery and looms, and that constituted 34 per cent of the total number of industrial accidents. The same report also indicated that out of the said 1,107 industrial accidents, 307 of them (28 per cent) occurred in the metal industry sector alone. The Committee also notes the information that, during the inspections carried out, various training activities were performed in raising the awareness of both employers and employees of health hazards, and that seminars were conducted by the Near and Middle-East Labour Training Centre where papers prepared by inspectors were presented. In this regard, the Committee notes the comments made once again by TÜRK-IŞ which indicate that the provisions of the 1983 Regulations were not effectively implemented due to the continuous expansion of the undeclared economy in the country as was noted by the International Labour Conference at its 90th Session. The Committee would like to reiterate its request to the Government for details on the steps taken to ensure that appropriate inspection is carried out in all sectors of economic activity including the undeclared or informal sector. Please continue to provide information on the practical application of the Convention, including any difficulties encountered as well as information on the results of inspections carried out.