YILDIRIM BEYAZIT UNIVERSITY UE302 Principles of Occupational Health and Safety (OHS)
Homework: I.
Introduction
The workers are mostly exposed in hazards and accident risks .This is the cause of the priority given to the workers heal and safety in every workplace .Hence, the idea of OHS legislations which is set up by the common opinions of the Ministry of labor and social security of each given state. The case studied here is the Labor Act of Turkey, the Labor Law no.4857. This law is divided in nine chapters and our study will be based on the examination of the fifth one, which is related to the occupational health and safety board and occupational health and safety services. LABOR LAW - 4857 II.
Article 80: Occupational Health and Safety Board
It is said that a minimum of 50 employees and at least 6 months duration is required for OHS board to be set up by the employer. Every individual needs a health safety no matter its social rank .If the OHS board depends on the quality and the nature of the job, the number of the employees in the workplaces and the duration performed by the workers ,most of employees will be starved of OHS board. In fact, in developing countries, most companies or firms do have a number of employees less than 50. As far as the duration performed by the employee is concerned, any duration limit should not be required since the OHS hazard and risk can be considered to be higher at any moment of work. That’s the work accident may occur even on the first work day. According to whole these factors stated above, there should be no limitation regarding the number of employees and the duration spent in the company for OHS board to be set up. A. Implementing Regulation on Occupational Health and Safety Boards: Workplaces in which Occupational Health and Safety Boards shall be set up Article 4:
Occupational health and safety board should be set up not only in workplaces deemed to be industrial , commercial, agricultural and forestry works where a minimum of fifty employees are employed and permanent work is performed for more than six months, but also in any kind of workplace. The OHS hazard and certain risks may exist in every workplace even if the frequency of occurrence may be negligible. B. Formation of Occupational Health and Safety Boards Article 5: Each workplace should have its own OHS experts in order to ensure the security and health of every employee. As there are some companies which cannot afford, the employment of OHS experts should be under the government responsibility. A workplace built according to the regulations stated in article 5 may be considered as in accordance with the legislation on occupational health and safety. C. Obligations of Employer or his Agent: Article 10: Employers must enforce the decisions of the occupational health and safety board taken in accordance with the legislation on occupational health and safety. They must supervise the OHS experts work and take in consideration the complaints of employees regarding OHS implementing regulation. III.
ARTICLE 81: Occupational Health and Safety Services
The employers must set up a workplace health and safety unit, employ occupational physicians, occupational safety expert according to hazard class of the workplace and number of employees. In order to determine OHS measures and monitor the implementation, to prevent occupational accidents and diseases, to provide occupational health and safety services. According to the implementing regulation, the employer can also meet these obligations even if he procures external services.
The employees’ competences and qualifications, workplace health and safety units and OHS services must be arranged in accordance with the implementing regulations .These implementing regulations are prepared by the MOLSS with taking into account the opinions of some organisms such as Ministry of Health, Turkish Medical Association and Union of Chambers of Turkish Engineers and Architects. By respecting all these procedures the employers and employees will be working in a harmonious environment. Many hazards, diseases and accident risks will be extremely reduced in workplaces and this will ensure the workers security and self-confident. Consequently a good result will come out in that workplace. A. Implementing Regulation on Workplace Health and Safety Units and Collective Health and Safety Units: Qualifications of workplace health and safety units and collective health and safety units, procedures of service procurement from collective health and safety units are arranged via implementing regulation. Without law there will be no order not only in workplaces but also in our everyday life. Sometimes laws seem to be against our freedom, however we do not have to go against them because they are set up to assure our protection. It must be some regulations to avoid human anarchism and capitalism. B. Obligations of Employers: ARTICLE 5: Employers have to assure healthy and safe working environment in workplaces, prevent occupational accidents and diseases, provides workers OHS services. Employers should take in consideration the employees opinions regarding health and safety issues in the company. In case that the employer ignores the workers point of view he is the responsible of consequences resulting from any accident in the workplace. IV.
Conclusion:
The examination of this document shows that most of implementing regulations applied in Labor Act in Turkey are consistent with ILO regulations. This is due to the cooperation programs and projects of the Turkish government with the ILO, and the promotion of ILO in all over the world and in Turkey particularly.