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The Committee notes the information in the Government’s latest report; the attached comments by the Confederation of Turkish Trade Unions (TÜRK-İŞ), the Confederation of Public Employees Trade Unions (KESK) and the Turkish Confederation of Employer Associations (TİSK); as well as the comments submitted on 2 September 2009 by the International Trade Union Confederation, on behalf of TÜRK-İŞ. The Committee notes that a number of the provisions of the Convention are applied through now repealed regulations and that new legislation has been drafted but not yet adopted. The Committee hopes that this 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 full effect to the provisions of the Convention, in particular Article 3(1) on the progressive development of occupational health services for all workers, including those in the public sector, and all undertakings, in response to the comments submitted by KESK which allege that public sector employees are not covered; Article 5 on the functions of the occupational health services; Article 8 on cooperation between employers, workers and their representatives; Article 11 on required qualifications for occupational health services personnel; Article 12 on health surveillance at no cost to the workers; and Articles 14 and 15 on ensuring health services receive relevant information.
Article 4 of the Convention. Consultations with the most representative organizations of employers and workers. The Committee notes the comments by TÜRK-İŞ and KESK which allege that social partners have not been consulted on the draft legislation relevant to the Convention. The Committee asks the Government to provide information on the consultations undertaken with the most representative organizations of employers and workers, as required by Article 4 of the Convention.
Part VI of the report form. Application in practice. The Committee notes the statistical information provided by the Government in its report, and the information provided by the Government on the practical application of the Occupational Safety and Health Convention, 1981 (No. 155). The Committee notes the comments by TÜRK-İŞ alleging that the majority of occupational accidents occur in undertakings employing less than 50 workers, and that Articles 14 and 15 of the Convention are not properly implemented. The Committee asks the Government to indicate measures taken or envisaged to address the issues raised by TÜRK-İŞ, and to continue to provide information on the application of the Convention in practice.
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.
The Committee notes the observations submitted on 2 September 2009 by the International Trade Union Confederation (ITUC) on behalf of the Confederation of Turkish Trade Unions (TÜRK-IS) concerning the application of Articles 5, 6, 8, 11, 12, 14 and 15 of the Convention, transmitted to the Government on 2 October 2009. The Committee hopes that the next report that will be supplied by the Government for examination by the Committee will contain any comments the Government may wish to provide to these observations.
The Committee is raising other points in a request addressed directly to the Government.
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 VII of the report form. Comments from employer’s and worker’s 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.