Analysis of OHS legislation in the process of EU accession of Turkey
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1 Analysis of OHS legislation in the process of EU accession of Turkey B Piyal MD PhD Ministry of Labour and Social Security
2 Evolution of OHS Legislation in Turkey s History Ottoman Era & establishment of Turkish Republic Early Republic WW Social state phenomenon Military cue & 1982 Constitution 2000 EU accession of Turkey
3 Ratification of ILO Conventions 8 Fundamental Convention Overall 56 Convention Freedom of association & collective bargaining Abolition of Forced labour Discrimination Worst form of Child labour
4 Ratification of ILO Conventions C155 Occupational Safety and Health Convention, 1981 & C161 Occupational Health Services Convention,
5 %7 %17 %17 %25 %33 Occupational Health & Safety NETworking in LAct Transformation of national OHS policies & international dynamics MoL Welfare State WfS & stronf union movement Military cue & begining of neoliberal period Strong NL wawe & EU accession Turkey becomes a member of UN & ILO
6 Latest developments & interactions between national OHS regulations EU accession of Turkey EU accession process??? Flexibility Lent working, fixed-period service agreements, on-call work, shared work, broadening of suncontracted work New Labour Act # 4857 ILO C155, (+) new national regulations Mostly EU Directives (19/47) 4 (+) notifications E Social Charter
7 A critique on the harmonization of OHS regulations In the process of negotiations An optimistic approach from MoLSS NOHC NOHSPD Harmonization continues No single separate OHS Act
8 A critique on the Labour Act Poorly & eclectically adopted Most of the basic OHS principles are ignored or Covers core labour force Allows flexibility but do not strongly protect labour Inconsistent and
9 Critique of the new OHS regulations OHS Regulation is denounced Model of OHS service is changed limitation of access to OHS!!! Moore room for private sector / poor regulatory tools & monitoring The harmonization process was hurried MoLSS organization & infrastructure is efficient Labour force is not comprehensively covered
10 Draft of OHS Act National policy is not realistic System of OHS is not thoroughly defined Actors Connections Interactions Legal framework
11 Proposed actions to make it better! Full coverage Holistic approach OHS system should be defined inputs & outputs Structure Technical, organizational, hierarchical components Functions Manpower Education & training Finance Connections & relations with other systems
12 Proposed actions to make it better! Decisions to be made Political participation Strategic Problem oriented/specific, organization of the state s mechanisms Managerial Manpower appointment, education&training, team work Operational Action plans, coordination
13 Component of Production & Affected Factors What should be taken into concideration in the process of coordination & cooperation between related actors? Technology Tech dependent, complicated, intensive Manufacture Flexible, demand oriented Functions of State protection inspection regulation Work Fragmanted, monotonous, flexible Market On time, diversity/variation, freedom of choice
14 Thank you & see you in İzmir next time
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