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.
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Ministry of Labour and Social Security,
Directorate General of Occupational Health and Safety
ALİ Rıza ERGUN
Expert of OHS
M.Sc Mining Eng.
Worklife in Turkey
Current Problems and Targets
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.
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 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.
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.
3008 Labour Law, 1936
931 Labour Law, 1967
1475 Labour Law, 1971
4857 Labour Law, 2003
(ILO Convention 155 and 161)
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..
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.
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.
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.
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;
Create workplace health and safety unit,
Assign one or more occupational physicians and if needed other health to work in other personnel,
If the work is listed as industrial job, assign one or more engineers or technicians who is safety expert.
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.
ARTICLE 85. - Young employees who have not completed the age of sixteen years and children must not be employed on arduous or dangerous work.
4857 Labour Act has been published according to EU and ILO norms at 2003.
33 New regulations have been published:
10th Bureau of Council of State suspended the enforcement of Implementing Regulation
OHS Law (draft)
After the opinions of the social parts taken Draft OHS Law has been sent to the Prime Ministry in December 2008.