20/04/2017 RAP/RCha/TUR/9(2017) EUROPEAN SOCIAL CHARTER 9th National Report on the implementation of the European Social Charter submitted by THE GOVERNMENT OF TURKEY • Article 3, 11, 12, 13, 14, 23 and 30 for the period 01/01/2012 - 31/12/2015 • Complementary information on Articles 7, 8, 16, 17, 19, 27 and 31 (Conclusions 2015) __________ Report registered by the Secretariat on 20 April 2017 CYCLE 2017 3 EUROPEAN SOCIAL CHARTER 9th National Report on the Implementation of the European Social Charter (Revised) submitted by THE GOVERNMENT OF THE REPUBLIC OF TURKEY on Thematic Group II “Health, social security and social protection” Articles 3, 11, 12, 13, 14, 23, and 30 for the period 01/01/2012-31/12/2015 TABLE OF CONTENTS ARTICLE 3 ............................................................................................................................... 3 ARTICLE 11 ........................................................................................................................... 48 ARTICLE 12 ......................................................................................................................... 147 ARTICLE 13 ......................................................................................................................... 165 ARTICLE 14 ......................................................................................................................... 179 ARTICLE 23 ......................................................................................................................... 197 ARTICLE 30 ......................................................................................................................... 208 ARTICLE 3 THE RIGHT TO SAFE AND HEALTHY WORKING CONDITIONS Article 3§1: With a view to ensuring the effective exercise of the right to safe and healthy working conditions, the Parties undertake, in consultation with employers' and workers' organisations: to formulate, implement and periodically review a coherent national policy on occupational safety, occupational health and the working environment. The primary aim of this policy shall be to improve occupational safety and health and to prevent accidents and injury to health arising out of, linked with or occurring in the course of work, particularly by minimising the causes of hazards inherent in the working environment. Scope of the provisions as interpreted by the ECSR States party shall draw up a national policy on occupational health and safety, and periodically review it. Authorities shall consult employers’ and workers’ organisations when formulating national policies and strategies in this area. The improvement of occupational health and safety shall be pursued, inter alia, with training and research measures. A. DEVELOPMENTS DURING THE REFERENCE PERIOD 1. LEGAL FRAMEWORK Legislative amendments in the field of occupational health and safety between the years 2012- 2015 are shown in the following tables: Legislation published in the Official Gazette Regulations published in accordance with Occupational Health and Safety Law No. 6331 1. Regulation on Risk Assessment of Published in the Official Gazette dated Occupational Health and Safety 29.12.2012 and No.28512 (amended and published in the Official 2. Regulation of Occupational Health and Gazette No:28545 dated 31.01.2013 ) Safety Services (Amended in the Official Gazette dated 18.12.2014-29209) Published in the Official Gazette dated 29.12.2012 and No.28512. (Amended in the Official Gazette dated Regulation on the Duties, Authority, 31.01.2013-28545) 3. Responsibility and Training of (Amended in the Official Gazette dated Occupational Health and Safety 11.10.2013-28792) Experts (Amended in the Official Gazette dated 30.04.2015-29342) (Amended in the Official Gazette dated 19.11.2015-29537) 4. Regulation on Occupational Health Published in the Official Gazette dated and Safety Boards 18.01.2013 and No. 28532. Regulation on the Measures of Health Published in the Official Gazette dated 5. and Safety in Working with Asbestos 25.01.2013 and No. 28539. (83/477/EEC, 91/382/EEC, (Amended in the Official Gazette dated 2003/18/EC, 2009/148/EC)* 16.01.2014-28884) 6. Regulation of National Health and Published in the Official Gazette dated Safety Council 05.02.2013 and No. 28550. 7. Regulation on Ceasing Work in the Published in the Official Gazette dated Workplaces 30.03.2013 and No. 28603. Regulation on Health and Safety Published in the Official Gazette dated 8. Measures in the Work with Screen 16.04.2013 and No. 28620. Equipment (90/270/EEC)* Regulation of Health and Safety Published in the Official Gazette dated 9. Conditions in the Use of Work 25.04.2013 and No. 28628. Equipment (Amended in the Official Gazette dated (2009/104/EC)* 02.05.2014-28988) Regulation on the Protection of 10. Workers from the Hazards of Published in the Official Gazette dated Explosive Environment 30.04.2013and No. 28633. (1999/92/EC)* Regulation on the Rules and Published in the Official Gazette 11. Procedures of Occupational Health and dated.15.05.2013 and No. 28648. Safety Trainings of Workers Regulation on Prevention of Exposure Published in the Official Gazette dated 12. Risks to Biological Factors 15.06.2013 and No. 28678. (2000/54/EC)* 13. Regulation on Emergency in the Published in the Official Gazette dated Workplaces 18.06.2013 and No. 28681. Regulation on the Use of Personal 14. P rotective Equipment in the Published in the Official Gazette dated Workplaces 02.07.2013 and No. 28695. (89/656/EEC, 89/686/EEC)* Regulation on the Vocational Training Published in the Official Gazette dated 15. of Workers in the Category of 13.07.2013 and No. 28706. (Amended in Hazardous and Very Hazardous Work the O.G. dated 25.07.2013-28718) Regulation on the Work Requiring Published in the Official Gazette dated 16. Seven and a Half Hours Maximum or 16.07.2013 and No. 28709. Less a Day in Terms of Health Rules Regulation on the Measures of Health Published in the Official Gazette dated 17. and Safety at the Premises of a 17.07.2013 and No. 28710. Workplace (89/654/EEC)* Published in the Official Gazette dated Regulation on the Duties, Authority, 20.07.2013 and No. 28713. 18. Responsibility and Training of (Amended in the O.G. dated Workplace Physician and the Other 18.12.2014-29209) Health Staff (Amended in the O.G. dated 19.11.2015-29537) 19. Regulation on Manual Handling Published in the Official Gazette dated (90/269/EEC)* 24.07.2013 and No. 28717. 20. Regulation on the Working Conditions Published in the Official Gazette dated of Woman Workers in Night Shifts 24.07.2013 and No. 28717. Regulation on Health and Safety 21. Measures in the Work with Published in the Official Gazette dated Carcinogenic or Mutagen Substances 06.08.2013 and No. 28730. (2004/37/EC)* Regulation on the Protection of Published in the Official Gazette dated 22. Worker s from Noise Related Risks 28.07.2013 and No. 28721. (2003/10/EC)* Regulation on Health and Safety Measures in the Work with Chemical Published in the Official Gazette dated 23. Substances (1998/24/EC, 12.08.2013 and No. 28733. 1991/322/EEC, 2000/39/EC, 2006/15/EC, 2009/161/EU)* Regulation on the Supervision and Inspection of Military Workplaces and Published in the Official Gazette dated 24. the Workplaces Producing Necessary 16.08.2013 and No. 28737. Materials for the Safety of the Country (Amended in the O.G. dated and Ceasing Work in These 04.02.2014-28903) Workplaces Regulation on the Working Conditions 25. of Pregnant and Nursing Women and Published in the Official Gazette dated Nursing Rooms and Nursing Homes 16.08.2013 and No. 28737. for Children (92/85/EEC)* Regulation on the Measures of Health Published in the Official Gazette dated 26. and Safety in the Work on Fishing 20.08.2013 and No. 28741. Vessels (93/103/EC)* Regulation on the Laboratories Published in the Official Gazette dated 27. Measuring, Testing and Analysing 20.08.2013 and No. 28741. Work Hygiene Regulation on the Protection of Published in the Official Gazette dated 28. Workers from the Risks of Vibration 22.08.2013 and No. 28743. (2002/44/EC)* Regulation on Occupational Health 29. and Safety in Temporary or Fixed Published in the Official Gazette dated Term Employment 23.08.2013 and No. 28744. (91/383/EEC)* Regulation on the Signs of Health and Published in the Official Gazette dated 30. Safety 11.09.2013 and No.28762. (92/58/EEC)* Published in the Official Gazette dated 19.09.2013 and No. 28770. Regulation on Occupational Health (Amended in the O.G. dated 31. and Safety in Mines 24.09.2014-29129) (92/104/EEC, 92/91/EEC)* (Amended in the O.G. dated 10.03.2015-29291) Regulation of Health and Safety in Published in the Official Gazette dated 32. Construction Work 05.10.2013 and No. 28786. (92/57/EEC)* Published in the Official Gazette dated 33. Regulation of Fighting Dust 05.11.2013 and No. 28812. Regulation on Supporting Published in the Official Gazette dated 34. Occupational Health and Safety 24.12.2013 and No. 28861. Services Regulation on Preventing Huge Published in the Official Gazette 35. Industrial Accidents and Reducing (Duplicate) dated 30.12.2013 and No. Their Effects (96/82/EC)* 28867. Regulation on Occupational Health 36. and Safety Services Conducted by the Published in the Official Gazette dated Employer or Representative of the 29.06.2015 and No. 29401. Employer in the Workplaces *Directive Number of the European Union Communiqué Published in accordance with Occupational Health and Safety Law No. 6331 Published in the Official Gazette dated 26.12.2012 and No. 28509. (Amended in the O.G. dated 29.03.2013-28302) Communiqué of Categories of (Amended in the O.G. dated 1. Workplace Hazard on Occupational 04.02.2014-28903) Health and Safety (Amended in the O.G. dated 18.04.2014-28976) (Amended in the O.G. dated 19.02.2015-29272) Communiqué on Training Published in the Official Gazette dated 2. Programmes on Dismantling Asbestos 29.06.2013 and No. 28692. Communiqué on the Rules and Published in the Official Gazette dated Procedures of Qualifications and 29.08.2013 and No. 28750. 3. Selection of Workers’ Representative on Occupational Health and Safety Communiqué on Supporting of Published in the Official Gazette dated 4.