ALİ Rıza ERGUN Expert of OHS M.Sc Mining Eng. Republic of Turkey Ministry of Labour and Social Security, Directorate General of Occupational Health and Safety

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 /

Number of fatal occupational accidents and diseases /

Occupational Accidents and Diseases Statistics for 2008 (SGK) Workplaces in Turkey – Workers – % of workplaces –SMEs 83 % of workers belong to SMEs Occupational accidents – Occupational diseases Fatal Occupational Accidents and Diseases: 866

Population groups covered by the social security

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.

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”. MOLSS

Directorate General of Workers Health and Safety under the structure of Ministry of Labour which was established in The Directorate General has carried his duty on as Department of Workers Health between 1983 and In the year 2003, Directorate General restructured as Directorate General of Occupational Health and Safety. 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.

PARTNERS OF THE GENERAL DIRECTORATE Clients of the General Directorate are; Employers Employees Trade Unions of Employers and Employees Occupational Health and Safety Councils

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.

3008 Labour Law, Labour Law, Labour Law, Labour Law, 2003 (ILO Convention 155 and 161) OHS Legislation History

Labour Law CHAPTER 5 "Occupational Health and Safety“ Occupational health and safety obligations of employers and employees ARTICLE 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..

Regulations on occupational health and safetyegulations on occupational health and safety ARTICLE 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 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 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 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 Young employees who have not completed the age of sixteen years and children must not be employed on arduous or dangerous work. Labour Law

4857 Labour Act has been published according to EU and ILO norms at New regulations have been published: 21 of them transposing EU Directives into national legislation. 12 of them relating to other areas such as the occupational physicians, engineers, training of the workers etc… OHS Legislative Activities

PUBLISHED REGULATIONS (1) (Harmonised) Regulation on Occupational Health and Safety was published on 9 th of December, (89/391/EEC) Regulation on Safety and Health Requirements Working With Display Screen Equipment was published on 23 rd of December, (90/270/EEC) Regulation on Vibration was published on 23 rd of December, (2002/44/EC) Regulation on Noise was published on 23 rd of December, (86/188/EEC) Regulation on Health and Safety at Construction Sites was published on 23 rd of December, (92/57/EEC) Regulation on Safety and Health Signs was published on 23 rd of December, (92/58/EEC)

PUBLISHED REGULATIONS(2) (Harmonised) Regulation on Health and Safety Requirements Working with Asbestosis was published on 26 th of December, Amendment on Official Journal 17 th of February, (2003/18/EC (83/477/EEC-91/382/EEC)) Regulation on Health and Safety Requirements Working with Carcinogen and Mutagen Substances was published on 26 th of December, (90/394/EEC-97/42/EEC-99/38/EC) Regulation on Health and Safety Requirements Working with Chemical Substances was published on 26 th of December, Amendment on Official Journal 20th of March,2008(98/24/EC- 2000/39/EC) Regulation on Protection of Workers from the Risks of Explosive Atmospheres was published on 26 th of December, (1999/92/EC)

PUBLISHED REGULATIONS(3) (Harmonised) Regulation on Personal Protective Equipment was published on 9 th of February, (89/686/EEC) Regulation on Health and Safety Requirements at Buildings and Parts of Workplaces was published on 10 th of February, (89/654/EEC) Regulation on The Use of Personal Protective Equipment in Workplaces was published on 11 th of February, (89/656/EEC) Regulation on Manual Handling was published on 11 th of February, (90/269/EEC) Regulation on Health and Safety Requirements at Using of Work Equipments was published on 11 th of February, (89/655/EEC) Regulation on Health and Safety Requirements in Surface Mines and Quarries was published on 21 th of February, (92/104/EEC)

PUBLISHED REGULATIONS(4) (Harmonised) Regulation on Health and Safety Requirements in The Mineral- Extracting Industries Through Drilling was published on 22 th of February, (92/91/EEC) Regulation on Occupational Health and Safety at Temporary or Fixed- Duration Employment was published on 15 th of May, (91/383 EEC) Regulation on the Prevention of the Risks Related to Exposure to Biological Agents was published on 10 th of June, (2000/54/EC) Regulation of the Improvement of Health and Safety Conditions for Pregnant and Nursing Workers was published on 14 th of July, (92/85/EEC) Regulation of Health and Safety Requirements Working with Fishing Vessels was published on 27 th of November, (93/103/EC)

89/391 EEC Directive transposed and published as Implementing Regulation of OHS on 9 December th Bureau of Council of State suspended the enforcement of Implementing Regulation 3 OHS Law (draft)

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 It is planned that, Draft OHS Law will be enacted in 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: 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.