Republic of Turkey
Ministry of Labour and Social Security,
Directorate General of Occupational Health and Safety
ALİ Rıza ERGUN
Expert of OHS
M.Sc Mining Eng.
CONTENT
• Worklife in Turkey
• OHS Legislation
• Current Problems and Targets
Worklife in Türkiye
In the field of occupational health and
safety,
Turkey has legislative, practical and institutional
knowledge accumulated over the past 150
years.
The Ministry of Labour and Social Security in
cooperation with related ministries and
representatives of workforce play the key role
in improving occupational health and safety.
Number of occupational accidents / 100.000
12000
9966
10000
10965
10017
9383
8000
7239
5676
6000
4522
4000
1070
829
2008
1425
2000
2005
2112
2000
1995
1990
1985
1980
1975
1970
1965
1961
0
Number of fatal occupational accidents and
diseases / 100.000
70
63
59
60
60
45
50
41
39
40
30
30
22
22
16
20
9,8
2008
2005
2000
1995
1990
1985
1980
1975
1970
1965
0
1961
10
Occupational Accidents and Diseases
Statistics for 2008 (SGK)
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•
•
•
•
•
•
Workplaces in Turkey – 1.710.248
Workers – 8.802.989
99.7 % of workplaces –SMEs
83 % of workers belong to SMEs
Occupational accidents – 72.963
Occupational diseases - 539
Fatal Occupational Accidents and
Diseases: 866
Population groups covered by the social security
The Pension Fund
of the Republic of
Turkey (EMEKLİ
SANDIĞI) % 14,82
For Personnel of
Banks, Insurance
Comp etc. (ÖZEL
SANDIK) % 0,41
Not Covered by
Social Security
(KAPSAM DIŞI)
% 19,66
Self Employed
Insured Persons
(BAĞ-KUR)
% 22,45
SII (SSK) % 42,66
• The total population in working age (15 and over)
estimated to be 22.7 million.
•
According to household labour force survey the
rate of participation in labour force is 50.9%.
• The rate of participation in the labour force in
Turkey is 74.7% for men and 24.7% for women.
• In total, employment has been calculated as 21.3
million people.
• The total number of unemployed people is
estimated at 1.4 million.
MOLSS
The Ministry of Labour has been established in
1946 and with the endorsement of the Law of
3146, enforced on January 1985, the Ministry of
Labour has been rearranged as
“Ministry of Labour and Social Security”.
DIRECTORATE GENERAL OF
OCCUPATIONAL HEALTH AND SAFETY
Directorate General of Workers Health and Safety under
the structure of Ministry of Labour which was established in
1945.
The Directorate General has carried his duty on as
Department of Workers Health between 1983 and 2000.
In the year 2003, Directorate General restructured as
Directorate General of Occupational Health and Safety.
The Duties of the General Directorate (1)
• To adapt and to ensure the implementation of legislation in
the field of OHS,
• To determine the national policies and prepare
programmes in this context,
• To ensure the co-operation and co-ordination with national
and international organisations and institutions,
• To provide necessary recommendations in order to ensure
efficient inspection and to monitor with their results,
The Duties of the General Directorate(2)
• To carry out standard studies, prepare and develop
norms, carry out activities such as; measurement,
evaluation, technical control, training, counselling,
expertise, etc. and evaluate and authorize institutions
that carry out such activities,
• Authorize persons and institutions that will manufacture
personal protective equipment, to determine the
compatibility of the equipment to be imported, to the
standards and to define the methods and principles on
this subject,
• To plan, program and ensure the implementation of
study and research activities on occupational health and
safety and prevention of occupational accidents and
diseases,
The Duties of the General Directorate (3)
• To carry out publishing and documentation studies in its field
of activity and to organize statistics
• To carry out necessary activities and to ensure the
protection of all the workers, including those who are having
occupational training, those who are rehabilitated, special
risk groups and public servants, and to ensure that the
necessary measures are taken,
• To organise, manage and inspect the studies of
Occupational Health and Safety Center (İSGÜM)and
İSGÜM Regional Laboratories,
• To carry out similar tasks assigned by the Ministry.
National Occupational Health and Safety
Council
Brings the social partners (trade unions of employee and
employers), universities, non-governmental organizations
and other related institutions and organizations together
related with OSH in our country,
The Council has been a platform for determining the national
needs, priorities, policy and strategies in OSH; According to
Eight Development Plan and ILO Agreement numbered 155
besides by giving the opportunity to the partners to explain
their points of view and opinions.
OHS Legislation History
3008 Labour Law, 1936
931 Labour Law, 1967
1475 Labour Law, 1971
4857 Labour Law, 2003
(ILO Convention 155 and 161)
Labour Law
CHAPTER 5 "Occupational Health and Safety“
Occupational health and safety obligations of employers and employees
ARTICLE 77. - With a view to ensure occupational health and safety in their
establishments, employers shall take all the necessary measures and maintain all the
needed means and tools in full; and employees are under the obligation to obey and
observe all the measures taken in the field of occupational health and safety.
In order to ensure compliance with and supervision of the measures taken for
occupational health and work safety at the establishment, the employer must inform the
employees of the occupational risks and measures that must be taken against them as
well as employees’ legal rights and obligations and, in this connection, he must provide
the employees with the necessary training on occupational health and safety.
Employers shall notify, in written form, any work accident and occupational disease which
occurs in the establishment to the relevant regional directorate of labour within two
working days at the latest.
The provisions contained in this chapter as well as in the bylaws and regulations related
to occupational health and work safety shall also apply to the apprentices and trainees in
the establishment..
Labour Law
Regulations on occupational health and safety
ARTICLE 78. - The Ministry of Labour and Social Security
shall issue regulations to ensure;
occupational health and safety measures in the
establishments, the risk assesement, controls,
measurements and surveys on OHS,
the prevention of work accidents and occupational
diseases which may arise from the use of machinery,
equipment and tools
the arrangement of working conditions for persons who
must be protected because of their age, sex and special
circumstances.
Labour Law
Suspending operations or closing the establishment
ARTICLE 79. - If any defects endangering the lives of employees
are found to exist in the installations and arrangements, in the
working methods and conditions or in the machinery and
equipment, operations shall be stopped partly or completely or
the establishment shall be closed until the danger is eliminated,
Where an employee’s age, sex or health is incompatible with his
employment in the establishment, he shall not be permitted to
work,
The permission to set up and operate an establishment shall in no
way preclude the application of the provisions.
Labour Law
Occupational health and safety boards
ARTICLE 80. - In establishments deemed to be
industrial according to this Act, where a minimum of
fifty employees are employed and permanent work is
performed for more than six months, the employer
shall set up an occupational health and safety board.
Employers are under the obligation to enforce the
decisions of the occupational health and safety boards
taken in accordance with the legislation on
occupational health and safety.
Labour Law
Occupational health and safety services
ARTICLE 81. -Employers, who has constantly at least fifty
employees in the establishments, for deciding and monitoring of
implimentation of occupational health and safety measures,
preventing occupational accidents and occupational disease,
the execution of workers' first-aid and emergency treatment and
preventive health and safety services, with recpect to the the
number of workers in the establishment, characteristic of the
workplace and hazard class and degree of the work should;
a)Create workplace health and safety unit,
b) Assign one or more occupational physicians and if needed
other health to work in other personnel,
c)If the work is listed as industrial job, assign one or more
engineers or technicians who is safety expert.
Labour Law
Rights of employees
ARTICLE 83. - In connection to occupational health and safety in
an establishment, any employee faced with an imminent, urgent
and life-threatening danger which may do harm to his health or
endanger his bodily integrity may make an application to the
occupational health and safety board with a request for the
determination of the case and a decision for the adoption of
necessary measures. The board shall hold an urgent meeting and
decide on the same day, and lay down the case in a written report.
In the event the board takes a decision consistent with a
employee’s request, the employee may refrain from working until
the necessary occupational health and safety measure is taken.
The employee’s wages and other rights shall be reserved during
the period he refrains from working.
Labour Law
Arduous and dangerous work
ARTICLE 85. - Young employees who
have not completed the age of sixteen
years and children must not be employed
on arduous or dangerous work.
OHS Legislative Activities
4857 Labour Act has been published according to EU and
ILO norms at 2003.
33 New regulations have been published:
• 21 of them
legislation.
transposing EU Directives into national
• 12 of them relating to other areas such as the occupational
physicians, engineers, training of the workers etc…
PUBLISHED REGULATIONS (1)
(Harmonised)
•
Regulation on Occupational Health and Safety was published on 9th
of December, 2003. (89/391/EEC)
•
Regulation on Safety and Health Requirements Working With Display
Screen Equipment was published on 23rd of December, 2003.
(90/270/EEC)
•
Regulation on Vibration was published on 23rd of December, 2003.
(2002/44/EC)
•
Regulation on Noise was published on 23rd of December, 2003.
(86/188/EEC)
•
Regulation on Health and Safety at Construction Sites was published
on 23rd of December, 2003. (92/57/EEC)
•
Regulation on Safety and Health Signs was published on 23rd of
December, 2003. (92/58/EEC)
PUBLISHED REGULATIONS(2)
(Harmonised)
• Regulation on Health and Safety Requirements Working with
Asbestosis was published on 26th of December, 2003.
Amendment on Official Journal 17th of February, 2004.
(2003/18/EC (83/477/EEC-91/382/EEC))
• Regulation on Health and Safety Requirements Working with
Carcinogen and Mutagen Substances was published on 26th of
December, 2003. (90/394/EEC-97/42/EEC-99/38/EC)
• Regulation on Health and Safety Requirements Working with
Chemical Substances was published on 26th of December, 2003.
Amendment on Official Journal 20th of March,2008(98/24/EC2000/39/EC)
• Regulation on Protection of Workers from the Risks of
Explosive Atmospheres was published on 26th of December,
2003. (1999/92/EC)
PUBLISHED REGULATIONS(3)
(Harmonised)
•
Regulation on Personal Protective Equipment was published on 9th of
February, 2004. (89/686/EEC)
•
Regulation on Health and Safety Requirements at Buildings and Parts of
Workplaces was published on 10th of February, 2004. (89/654/EEC)
•
Regulation on The Use of Personal Protective Equipment in Workplaces
was published on 11th of February, 2004. (89/656/EEC)
•
Regulation on Manual Handling was published on 11th of February, 2004.
(90/269/EEC)
•
Regulation on Health and Safety Requirements at Using of Work
Equipments was published on 11th of February, 2004. (89/655/EEC)
•
Regulation on Health and Safety Requirements in Surface Mines and
Quarries was published on 21th of February, 2004. (92/104/EEC)
PUBLISHED REGULATIONS(4)
(Harmonised)
•
Regulation on Health and Safety Requirements in The MineralExtracting Industries Through Drilling was published on 22th of
February, 2004. (92/91/EEC)
•
Regulation on Occupational Health and Safety at Temporary or FixedDuration Employment was published on 15th of May, 2004. (91/383
EEC)
•
Regulation on the Prevention of the Risks Related to Exposure to
Biological Agents was published on 10th of June, 2004 . (2000/54/EC)
•
Regulation of the Improvement of Health and Safety Conditions for
Pregnant and Nursing Workers was published on 14th of July, 2004 .
(92/85/EEC)
•
Regulation of Health and Safety Requirements Working with Fishing
Vessels was published on 27th of November, 2004. (93/103/EC)
OHS Law (draft)
• 89/391 EEC Directive transposed and published
as Implementing Regulation of OHS on 9
December 2003.
• 10th Bureau of Council of State suspended the
enforcement of Implementing Regulation
3
Following aims are to be achieved by preparing the Draft
OHS Law:
-Ensuring the complete harmonization with the EU Directive
89/391/EEC,
-Complying the Turkey's Programme for Alignment with the
Acquis that commits the harmonization of the Framework
Directive (89/391/EEC).
After the opinions of the social parts taken Draft OHS Law
has been sent to the Prime Ministry in December 2008.
It is planned that, Draft OHS Law will be enacted in 2010.
Two main improvements in the draft law are;
•All employees (both in public and private sector) will be
covered by OHS regulations.
•Minimum employee requirement for benefiting from OHS
services is cancelled.
Current important issues in
occupational health in Turkey:
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General socio economical level
Unemployment
Informal sector
OSH Legislation not covering all workers
Insufficient implementation of the current legislation
Lack of raising awareness on OSH of related parties
Inadequate researches and studies on OSH
Obstacles and difficulties on the diagnosis of
occupational diseases
• Lack of safety culture
• Insufficient coordination and social dialog between
related organizations
• Lack of expertise.
TARGETS OF DGOHS (1)
• Raising the awareness level relating to OHS,
• Reforming OHS Regulations and improve them so that they
can respond to actual needs of partners,
• Performing consultation, education, promotion and guiding
activities on OHS particularly regarding SMEs,
• Improving, both qualitatively, the workplace measurements,
investigations and research activities,
TARGETS OF DGOHS (2)
• Establishment of relations and the improvement of
cooperation with international bodies
• Development of a reporting and recording system in order to
establish a database regarding the occupational diseases
and accidents
• Minimizing number of occupational diseases and accidents
19 th of Occupational
Health and Safety World
Congress will be held in
2011.
aergun@csgb.gov.tr
www.isggm.gov.tr