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Occupational Health and Safety in the Construction Sector and
the Legalization Process in Turkey
Mahir ESER (ORCID-0009-0003-6616-1173)
St. Clements University , Business Administration Ph.D. Student
Dr. Derya BERRAK YENTÜR (ORCID-0000-0002-0601-2331)
St. Clements University , Lecturer
To cite this article, Collaborate, Current Science, Volume 5, No. 3-5, 2023, p. 205 – 237. -
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Abstract
In today's modern society, people from all occupations and holding a variety of jobs or
titles have a reasonable chance of being involved in a workplace accident or danger at least
once throughout the course of their professional careers. It is vital to educate working persons,
to increase awareness of such situations, and to take appropriate safeguards to avoid or limit
this accident and danger. Training working individuals is also necessary. As a result of this
need, "Occupational Health and Safety" has made its way into our professional business life to
ensure the occupational safety of the employees in the modern world. Many nations around the
world have also created the necessary legal regulations to meet this need and have secured them
with laws. This is to ensure that the modern workplace is a safe place for workers to perform
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their jobs. It is of the utmost importance to conduct all the Occupational Health and Safety
procedures that have been established to reduce or even eliminate the possibility of occupational
accidents occurring to workers and occupational illnesses developing during their working
lives. Employers offer recommendations and proposals to take the appropriate safeguards by
analyzing the risks in the workplaces where potential occupational accidents may occur and by
forecasting the risks in the workplaces where possible occupational accidents may occur. They
generate the requisite awareness by way of on-the-job training that they deliver. As a result, the
number of work-related accidents and illnesses that may develop is reduced to a manageable
level. Because of taking these measures and participating in these trainings, there will be fewer
people injured or killed because of accidents that occur in work environments. Moreover,
workers have rights that are legally protected to protect their health and safety. In our nation,
as in the rest of the globe, the construction industry has a significant position in terms of both
the economy and jobs, and the significance of the industry is only growing with each passing
day. Accidents on the job are an unavoidable reality in any industry that employs a considerable
number of people to conduct its day-to-day operations, and the construction industry is no
exception. Only by fully implementing occupational health and safety precautions is it possible
for the construction industry, which is widely regarded as one of the economic locomotives that
drive the Turkish economy, to prevent occupational accidents. The construction sector
encompasses a broad range of activities and, to conduct these activities, requires a large
workforce comprised of individuals with a variety of expertise. The construction industry's
Occupational Health and Safety system must be properly implemented to ensure worker safety
due to the numerous various aspects involved. We can list many reasons, such as the laws and
regulations enacted by the legislator, the control mechanisms of the authority, the obligations
of Turkish companies against the laws of the host countries in international projects, and the
cooperation of Turkish construction companies with foreign companies in multinational
projects. These are just some of the reasons we can list. In addition to this, the laws and
regulations that Turkey has established in order to become a member of the European Union.
As a result of all these interrelated factors and dynamics, it is now essential to draft legal laws
that are in line with international norms and regulations, just as is the case in industrialized
nations. In this article, we will discuss the evolution of Occupational Health and Safety
throughout the history of the Republic of Turkey, as well as the process by which it became
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legalized, its current state in the construction industry, the legal regulations, laws, and
regulations that are currently in effect, as well as the institutions and practices that are associated
with the topic.
Keywords: Historical Development of Occupational Health and Safety, Construction Sector,
Occupational Safety, Occupational Disease, Occupational Health, Construction Industry,
Occupational Accident, Occupational Safety Legislation.
1. Introduction
In the Turkey of the present day, the human population is expanding at a high rate daily.
Housing, places of employment, cities, the infrastructure of cities, and public buildings are
being constructed, and development is continuing in a wide variety of diverse sectors so that
the requirements of this naturally rising population may be met. The construction business
requires a diverse pool of employees that come from a variety of backgrounds and possess a
wide range of abilities, traits, levels of training, and work styles. As compared to rates of
occupational accidents in other industries, construction's rates are much higher owing to
variables like as working circumstances that deviate from the norm, distinct worker groups, and
the ongoing nature of construction operations. The European Statistical Office (EUROSTAT)
found that the construction sector was responsible for more than one-fifth of all fatal workplace
accidents in Europe. (Eurostat, 2023) So why is it that this ratio seems to be so prevalent in the
building industry? In their work titled "Construction accident causality: lessons from diverse
nations and varied results," which was published in 2014, Alistair GBB and his colleagues
explain the explanation for this as follows: "occupational accident." The challenging and
hazardous working circumstances (Gipp, Lingard, Behm, & Cooke, 2014) in the construction
industry are one of the primary contributing factors to the high number of accidents that occur
on the job. In addition, the challenging working circumstances in this industry are a major
contributor to the high prevalence of occupational disorders among employees. A large majority
of firms, except for the construction sector, engage in their normal operations, are independent,
and the job that each employee does is typically fixed, and they are aware of what they are
supposed to accomplish. While working in the same setting, the odds of occupational accidents
and the methods in which they might occur are comparable. Jobs at an automotive plant, for
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instance, often include the performer always doing the same kind of work and having the same
set of responsibilities for their whole careers. Workers are made more aware of how to prevent
potential workplace accidents by considering factors such as these. It is simpler for businesses
to implement the essential safety measures, and it is less difficult for employees to get the
training they need. Nonetheless, because of the one-of-a-kind working circumstances and
inherent characteristics of the construction industry, it is distinct from other commercial sectors
because were discussed before. Several factors, including working circumstances, the physical
surroundings, natural conditions, varied worker groups, and changes in the execution of the
project, might contribute to the unique dangers that are presented by each individual
construction project. Because of the intricate nature of the building and manufacturing
processes, as well as the components that are used, this sector is classified as a heavy industrial
sector. Employees who are employed in the construction industry do not have access to a
consistent working environment like those who are employed in other industrial enterprises
since new projects need them to relocate often. The construction industry is fraught with danger
and presents workers with a considerable number of challenges, both physically and mentally.
In these difficult sectors of the workforce, there is a race against the clock. Both an elevated
level of physical stamina and work experience are prerequisites for employment in these
positions. It is necessary for many working groups to work in the same field at the same time.
Working in conditions that are both physically demanding and fundamentally at odds with
human nature always results in the creation of settings that provide an elevated risk for accidents
on the job. The precariousness and perilousness of the working circumstances is further
exacerbated by their complexity and difficulty. (Jaafar, et al., 2018) Because of all these factors,
working in the construction industry is associated with a higher risk of injury than working in
other fields, and it is much more difficult to protect the health and safety of construction
workers. "The high accident rate in the construction sector remains a key issue for practitioners
as well as researchers," despite ongoing attempts to enhance safety in the business, as stated in
the previous sentence. (Umer, Li, Lu, Szeto, & Wong, 2018) In recent years, Turkish
construction companies have begun to conduct construction activities in international areas. As
a natural consequence of this development, the companies are now obligated to comply with
and implement the laws and regulations pertaining to occupational health and safety that are in
place in the countries in which they are located. In a similar vein, building businesses from
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developed nations that collaborate with domestic construction companies to conduct their
operations exert pressure on the domestic companies to apply occupational health and safety
measures in the same manner as they do in their own countries. Yet not all our domestic
construction enterprises are ready institutionally, which means that some of them are unable to
react effectively to the demands and requests that are being made. On the other hand, they are
putting up significant efforts to swiftly advance their standing in this arena. Turkey: Under the
context of the process of harmonization with the European Union, it has implemented a great
deal of new legal laws and altered existing ones. This procedure: It has helped to improving our
standards to the level of those in developed countries, and it has had good impacts on the
development of legislative rules relating to the area of occupational health and safety and the
implementation of practices. With all these elements described above, to run the occupational
health and safety system in Turkey, has recently adopted the appropriate legislative laws. This
was done to meet the requirements of the European Union. In addition to this, it has set up
authorized bodies, control mechanisms, and institutional structures. However, if Turkey truly
desires to effectively protect and ensure the occupational safety and health of the people
working in construction sites, it should not be content with the legal regulations it has created;
rather, it should take measures to ensure that these laws are implemented in the field to achieve
this goal.
2. Occupational Health and Safety in the Turkish Construction Industry
Building construction is the term used to describe a variety of diverse types of work that
are conducted on the ground or below the surface, including but not limited to operations such
as cutting, filling, excavation, tunneling, construction, and excavation. The term "structure" is
defined in the following manner by the laws of the Republic of Turkey: "Structure; fixed and
mobile facilities, including permanent or temporary, official and private subsurface and surface
construction on land and water, and their addition, alteration, and repair." Buildings are defined
as "structures that can be utilized on their own, are covered, and in which people can enter.
Buildings may be used for sitting, working, having fun or relaxing, or worshiping, and buildings
can also be used to safeguard animals and commodities." (3194 Sayılı İmar Kanunu, 1985)
Throughout its history, humanity has formed a vast number of civilizations, continually
developed modern technologies, and, of course, in the process of doing so, has produced new
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techniques and procedures in building. The construction of buildings that took an exceptionally
long time to finish in earlier eras may now be done in a noticeably short amount of time. We
can create enormous buildings because of the advances in science and technology that we have
made in construction, particularly over the course of the last century. We can finish huge
construction projects in a lot more efficient manner and in a shorter amount of time thanks to
the construction equipment and construction materials that we manufacture. For instance, with
the help of this technology, we can construct megastructures such as tunnels, motorways, dams,
skyscrapers, and bridges, all of which had previously been unthinkable in our recent past. We
can construct buildings that are unshakable in the face of natural disasters such as earthquakes,
hurricanes, and high winds. The labor in several sub- and sub-sectors is beneficial to the
construction industry, which is responsible for the building of all these structures. It obtains the
building materials and other resources it requires from other commercial components
surrounding the construction site. As a result of the value, it contributes to the economy, it has
emerged as one of the most crucial factors in the continued economic growth of nations. Also,
it creates job opportunities. Yet, in addition to these great elements that building brings to the
economy, one of the bad aspects that may be encountered in construction regions is the
increased risk of work-related accidents and occupational disorders. Accidents at work are a
source of contention not just in Turkey but also in a substantial number of other nations
throughout the globe. With a total of 2,296 accidents on the job, Turkey was ranked 12th by the
International Labor Organization (ILOSTAT) in the category of non-fatal workplace mishaps
in September of 2022. (ILOSTAT, 2023) According to the statistical information provided by
the Social Security Institution, the mining and metal industries are the ones that suffer the
highest number of occupational accidents in Turkey. In addition, there is no denying the
alarmingly high number of accidents that take place on the job in the construction industry. In
addition, when the fatality rates due to occupational accidents across all industries are
compared, the construction industry, sadly, ranks at the very top of the list. According to the
estimates provided by the Social Security Institution for the year 2021, the total number of
workplaces in Turkey is 2 million 87 thousand 692. The construction industry accounts for
197 075 of these workplaces, which represents 9.5% of all these workplaces. These enterprises
continue their operations in the sector of construction. Again, according to the statistics from
2021, our nation has a total of 16 million 169 thousand 679 workers registered in the SGK
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system, and one million 630 thousand 678 of those people work in establishments that continue
their operations in the construction industry. The number of people employed in construction
accounts for 10.1% of the total workforce in the industry. As a result of the facts presented
here, the significance of the sector in question in relation to the operation of the economy and
the provision of jobs in the nation may be deduced. But, in addition to these significant
achievements, there are also some contributions in a bad light. Throughout our nation's history,
unfortunately, one of the industries in which the highest number of deadly accidents have
occurred is the building industry. In the year 2021, there were a total of 511 thousand 84
accidents recorded on the job. The construction industry was responsible for 58,107 of these
occupational accidents, which corresponds to a 11.4% share of all accidents during that year.
The construction industry was the location of 386 of the fatal workplace accidents that were
recorded the same year, bringing the overall number of fatal workplace accidents reported to
1,382. These fatal workplace accidents happened in construction. It is responsible for 28% of
all fatal incidents that occur in the workplace. The construction industry is at the top of the list
for the deadliest occupational accidents and accounts for nearly one third of all fatalities that
occur in the sector as a whole, making it one of the industries with the greatest number of fatal
accidents overall. (SGK İstatistik, 2023) The training of employees and employers has been
sped up because of the legislative changes that were conducted in preparation for Turkey's
membership to the European Union. This has allowed for the prevention of occupational
accidents and the reduction of the number of lives lost. The occupational health and safety law
that was part of the European acquis was adapted to the realities of Turkey and put into
operation in the sphere of work in the years 2003 and 2004. This adaptation was based on
Article 78 of Labor Law No. 4857. The piece of law was modernized in 2012, and the extent
of its application was expanded with the passage of Occupational Health and Safety Law No.
6331. In addition, the issues that the construction industry in Turkey is required to comply with
and do in relation to construction works are specified in the "Occupational Health and Safety
Regulation in Construction Works," which was prepared and put into practice with reference to
the Council Directive 92/57/EEC of the European Union. This regulation was prepared and put
into practice with reference to the European Union. It is indicated here what steps the
construction industry must do to improve worker health and safety in the workplace. As a result
of these transactions, the industry gained exposure to a novel concept: the definition of project
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manager or supervisor. In addition, prior to beginning any construction activity, it was
necessary to provide notification to the appropriate governmental institutions as required. A
health and safety file that is unique to each building project will be prepared, health and safety
plans will be made, and a health and safety specialist-coordinator will need to be appointed in
the design, preparation, and implementation processes of these projects. In other words, the
nature of the construction projects, the working conditions, and the techniques that will be
applied will all play a role in the preparation of the health and safety file.
3. Accidents at work
The International Labor Organization (ILO) provides the following definition for the
term "work accident": "Occupational injury is defined as any personal injury, sickness or death
that is the consequence of an occupational accident." Hence, an occupational injury is not the
same as an occupational illness, which is defined as "a disease that develops as a consequence
of exposure over a period of time to risk factors that are the outcome of job activity."
(Occupational Safety and Health Statistics, from the OHS Database, 2023) Accidents are
characterized as unanticipated occurrences that result in personal harm, loss of life, a reduction
in output, or damage to property. Numerous researchers have, over the course of time, proposed
models of accident causation and conducted analyses of the factors that contribute to
occupational accidents and occupational diseases in the construction industry. Their goals have
been to gain a better understanding of occupational accidents and diseases in this industry.
(Zhang, Shi, & Yang, 2020) An occupational accident is defined as "an event that occurs in the
workplace or due to the conduct of the business, causing death or rendering bodily integrity
mentally or physically disabled" (6331 Sayılı İş Sağlığı ve Guvenliği Kanunu, 2012). This
definition is stated by the Turkish legislator in the Occupational Health and Safety Law No.
6331. Again, the legislator stated the following in the Social Insurance and General Health
Insurance Law No. 5510: "While the insured is at work, if the insured works independently on
his own behalf and account due to the work carried out by the employer, due to the work he is
carrying out, During the times spent without doing his main job due to the fact that the insured
working under an employer is sent to another place outside the workplace as an employee, It is
an event that occurs during the time that the insured is at work. During the he went on to
describe. According to law number 5510, in order for an event to be considered a work accident,
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" the person must be insured, there must be a physical or mental damage due to the work
accident, and there must be an appropriate causal link between the accident and the damage
caused to the person" (the person must be insured, there must be a physical or mental damage
due to the work accident, and there must be an appropriate causal link between the accident and
the damage caused to the person). All these conditions must be met. (5510 Sayılı Sosyal
Sigortalar ve Genel Sağlık Sigortası Kanunu, 2006) In the year 2021, the labor force in Turkey
reached 32 million 716 thousand persons, with an additional 1 million 981 thousand workers
working in commercial activities compared to the year before. (SGK İstatistik, 2023) (TUİK,
2023) According to the figures that were compiled and made public by the Social Security
Institution (SGK) in line with Presidential Decree No. 4 and Law No. 5502, in 2021 there were
a total of 511 thousand 639 persons who were injured on the job. There are 94 0030 women
working in this total number of positions. Once again, according to the figures from the year
2021, 1,209 individuals were diagnosed with occupational disorders. The majority of the 49,296
accidents that happened on the job took place between 11:00 and 11:59 in the morning. The
most occupational accidents occurred in businesses that had between 250 and 499 people
employed. Also in that year, 360 thousand 580 of the total occupational accidents experienced
occupational accidents in the stationary workplaces where they were continually employed.
These individuals had been working there for an extended period. (SGK, 2023) In the year
2021, the rates of occupational accidents are broken out in Graph-1 according to the working
conditions.
Graphic-1, 2021 Occupational Accident Rates by Working Environment in 2021
3%
70%
13%
14%
Occupational Accident Rates by 2021 Working
Environments
Rapor Edilmemiş İş Ortamları
Sabit İşyeri
Geçici İşyeri
Diğer İş Ortamları
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When someone works in the same place and under the same conditions over an extended
period, the likelihood of experiencing an accident decreases. When the statistics from SGK for
the year 2021 are analyzed, it is found that there were 57 thousand 695 males, 466 women, and
58 thousand 161 persons in total who were injured on the job while working in the construction
business. It is common knowledge that the rate of workplace accidents in the construction
industry is far higher than that of any other industry. This is the case when compared to other
industries. In addition, a total of 32 thousand 146 workers, 225 of whom were women, were
injured on the job while working on the construction of buildings, which is one of the sub-
branches of the construction industry; 18 thousand 323 workers, 168 of whom were women,
were injured while working on the construction of external structures; and 7 thousand 692
workers, 73 of whom were women, were injured while working in the field of private
construction activities.
3.1. Fatal Occupational Accidents in the Construction Industry in Turkey
10% of fatal accidents are brought on by hazardous working conditions in work areas,
88% are brought on by hazardous movements during work, and 2% are brought on by other
factors. According to the findings of research that was conducted on fatal occupational
accidents that took place in workplaces that participated in the construction industry as well as
the statistics compiled by SGK, it is understood that most occupational accidents that result in
death are typically caused by falling from heights at rates ranging between 35 and 45 percent.
Accidents involving any type of construction equipment, including trucks, excavators, mobile
cranes, and so on, that collide with other vehicles operating in the field or with workers, who
are at risk of falling from a height while working at construction sites, are categorized as falling
from a height accidents. According to the studies that were done on the accidents that were
brought on by falls on construction sites, the following is a list of the various kinds of accidents
and the reasons behind them:
• Falling from scaffolding: scaffolds are not set up as they should be, they are not properly
connected to the ground and the surface of the elevation, the scaffold has no protective
equipment, the workers do not use safety cords while working on the scaffold.
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• Falling from the roof, incorrect body movements of the worker, being pushed or pulled
down due to the crane, the object in the environment or the tool that the worker is in
contact with at that moment.
• Falling from open ground or void; absence of warning and warning signs, not securing
the undeveloped area, leaving the ground open and gaps unprotected or taking
precautions with inappropriate protective equipment.
• Falling from the roof surface ; employees do not secure themselves with a safety cord,
use of scaffolding that is not suitable for the working environment and its purpose, or it
lack.
• Falling from the ladder; It is due to the use of unsafe materials that are ergonomically
suitable for the working environment and do not have the strength to carry the working
person.(Chia, Changa, & Tingb, 2005)
Occupational accidents at construction sites caused by things falling, being thrown, or
colliding are the second most prevalent kind of accident that may occur there. Most of these
mishaps are the result of improper installation or usage of mobile cranes, which are often used
on construction sites, on land that is not suited for their operation. These cranes, when operated
improperly, result in significant accidents for which compensation cannot be provided. These
mishaps are capable of potentially causing fatalities. Cranes that have been improperly erected
on inappropriate grounds and are being operated in an unsafe manner are the leading source of
deadly workplace accidents that are caused by things falling from a height, being hurled, or
colliding with one another, according to statistical data. Accidents that are caused by things
being hurled, such as hand tools, nails, or stones, or by workers leaping from one platform to
another, or jumping on the floor, or moving in an uncontrolled manner are in the second
position. (2009) (Bahrampour, A.; Nodoushan, R. J.; Shoa, J. V.) The construction industry was
responsible for 386 of the 1,382 fatal workplace accidents that took place in 2021. This accounts
for 28% of the total.
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Graphic-2, Distribution of Fatal Occupational Accidents in 2021.
When it comes to deadly workplace accidents in Turkey, Graph-2 reveals that land
transportation and pipeline transportation are tied for second position.
Accidents on the job that result in death; the ratio is as shown in Chart-3 when we compare
the construction industry within its own sub-branches.
43 51
385
49
219
603
021 1 1 27
43 53
386
50
220
630
0
100
200
300
400
500
600
700
Diğer Madencilik
ve Taşocakçılığı
Diğer metalik
olmayan mineral
ürünlerin imalatı
İnşaat Sektörü Toptan ticaret
(Motorlu kara
taşıtları ve
motosikletler hariç)
Kara taşımacılığı ve
boru hattı
taşımacılığı
Diğerleri
Distribution of Fatal Occupational Accidents in 2021
Erkek Male Kadın Female Toplam Total
0%
55%
16%
10%
2%
3%
6% 2% 6%
Fatal Occupational Accidents in 2021 İnşaat projelerinin geliştirilmesi
İkamet veya ikamet amaçlı olmayan
binaların inşaatı
Kara ve demir yollarının inşaatı
Hizmet projelerinin inşaatı
Bina dışı diğer yapılara ait projelerin
inşaatı
Yıkım ve şantiyenin hazırlanması
Elektrik tesisatı. sıhhi tesisat ve diğer
inşaat tesisatı faaliyetleri
Binanın tamamlanması ve bitirilmesi
Diğer özel inşaat faaliyetleri
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Graphic-3, Fatal Occupational Accidents
According to the statistics provided by the Social Security Institution, the number of fatal
workplace accidents that will occur in the construction industry between the years 2013 and
2020 is 3,884. 3.1% of these incidents take place on construction sites either during excavation
work or landslides; 4.4% are associated with the construction materials that are employed; 4.9%
are the result of work equipment; 6.1% are electrical-related work accidents; and 11% are
accidents that involve personnel. health issues, 14.1% unclear or unreported reasons, 16%
owing to traffic accidents involving heavy equipment and motor vehicles used for construction
purposes, and 39.9% due to falling from a height are the leading causes of death in the
construction industry. Graph-4 details the factors that contribute to fatal workplace accidents as
well as the rates at which they occur.
Graphic-4. Fatal accident causes and percentage rates. (TUİK, 2023)
386 people lost their lives because of work-related accidents in Turkey in the year 2021,
according to the data collected from insured workers who were employed in all sub-branches
of the construction industry. Of these fatalities, 214 workers participated in building
construction, 66 were involved in private construction activities, and 106 were involved in non-
building construction. (SGK İstatistik, 2023)
39.9
16.5
11 6.1 4.9 4.4 3.1 14.1
0
5
10
15
20
25
30
35
40
45
YÜKSEKTEN
DÜŞME
KAYNAKLI
KAZALAR
TRAFİK ve İŞ
MAKİNASI
KAZALARI
SAĞLIK
SORUNLARI
ELEKTRİK
KAZALARI
İŞ EKİPMANI
KAYNAKLI
KAZALAR
MALZEME
KAYNAKLI
KAZALAR
KAZI ve
TOPRAK
KAYMASI
KAZALARI
DİĞER
SEBEPLER
Fatal Occupational Accident Causes and Rates
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4. Occupational Diseases in the Construction Industry
In Turkey, the Legislator has provided the following definition of occupational disease:
"Occupational disease is a temporary or permanent illness, physical or mental disability, which
the insured suffers due to a recurring reason due to the nature of the work he/she works or
performs, or due to the operating conditions of the business." Occupational disease can be a
physical or mental disability as well. (5510 Sayılı Sosyal Sigortalar ve Genel Sağlık Sigortası
Kanunu, 2006) "
For an event to be considered an occupational disease; that the insured has an occupational
disease due to his job; It is obligatory to be determined by the Institution Health Board because
of the examination of the health board report and the supporting medical documents duly issued
by the health service providers authorized by the Institution. "In order for an event to be
considered an occupational disease; that the insured has an occupational disease due to his
job; " (SGK, 2023) In the construction industry, like in any other industry, some forms of
occupational illnesses are induced by variables specific to that industry.
These illnesses are brought on not only by the difficult working circumstances of the
construction industry but also by other variables, including those that are physical, biological,
and chemical. Occupational diseases can develop in workers because they are subjected to
conditions such as extreme heat or cold for extended periods of time, vibration, cement, which
is one of the primary materials used in the construction process, and chemical components in
its content, standing for long periods of time, being in extremely dusty environments due to the
nature of construction sites, carrying heavy construction materials, and other similar working
conditions.
In Turkey in 2021, there were a total of 1,207 persons, 943 male employees and 274 female
workers, who were affected with occupational illnesses, as shown by the data from the SSI.
These workers came from a variety of occupational groupings. 35 of them are employed in
some aspect of the building industry. According to the data presented in Graph-5, it is believed
that there was an increase in the total number of people suffering from occupational diseases
between the years 2012 and 2021, whereas the number of people suffering from occupational
diseases in the construction industry remained the same during this time.
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Graphic-5, Distribution of Occupational Diseases According to Years. (SGK İstatistik, 2023)
Because each construction activity has its own environment and construction materials used in
construction, it is necessary to identify the factors that can cause disease in each construction
work area to prevent occupational diseases in the construction industry. This is necessary
because each construction activity has its own construction materials used in construction.
Workers should be provided with personal protective equipment (PPE) such as safety glasses,
gloves, masks, and hard hats, depending on the nature of the work they perform and the
materials they use. Additionally, workers should receive training on how to protect themselves
against the disease and how to take precautions. In addition, there should be warning signs as
well as instructional signs posted in working settings in relation to the preventative actions that
may be performed against occupational illnesses. Regular inspections of the workers are
required, and all hygiene regulations must be always adhered to. Hearing loss, carpal tunnel
syndrome, white finger disease, illnesses caused by dust, diseases caused by chemical agents,
tetanus, cancer, asthma, chronic low back and back pain, skin problems, and asbestos are the
most frequent occupational ailments in this industry.
4.1. Hearing Loss Due to Noise
The eardrum may be damaged with prolonged or excessive exposure to loud noises at
work; the extent of this damage is proportional to the sound's volume and duration. The human
ear, when subjected to sound for an extended period and in a continuous manner, first loses its
ability to hear at high frequencies. If the human ear is subjected to this loud sound for an
extended period, the ability to hear low frequencies will be lost in the later stages. On
395 351 494 510 597 691
1047 1088 908
1207
30 913 14 30 16 30 35 23 35
0
500
1000
1500
2012 2013 2014 2015 2016 2017 2018 2019 2020 2021
Distribution of Occupational Diseases According to Years
Genel İnşaat
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construction sites, there are many kinds of loud noises coming from various sources, which
may lead to hearing loss. On the origin of this noise: various work equipment, including drills,
crushers, compressors, and other instruments. A temporary exposure to the noises that we refer
to as noise in working settings creates transitional or less severe hearing problems.
Nevertheless, if the exposure is extended and persists in the subsequent working processes,
permanent hearing loss may result. In addition, the volume of the noise that an individual is
subjected to may have a role in the development of health issues such as difficulty
concentrating, restlessness, earache and ringing, anxiousness, and hypertension. To protect the
employees from this issue, the dangerous group is identified via the tests that are conducted
during the process of recruiting, and it is possible to guarantee that the risky group works in an
atmosphere that is free from noise pollution. The propagation of noise should be stopped at its
source by taking precautions such as installing sound insulation and giving preference to
machinery with a low level of background noise. Noise levels in the workplace must be
measured on a regular basis, and efforts must be taken to avoid prolonged exposure to
environments with excessively high noise levels. It is imperative that employers mandate that
their employees always wear hearing protection. People need to have their hearing checked at
least once a year using an audiometer. The legal noise limit value that workers would be
exposed to during an eight-hour working period is 87 dB(A), as stated by the rule that is now
in effect in Turkey to protect employees from noise and dangers. In these circumstances, the
noise level may reach a maximum of 85 dB(A), and it can drop to a minimum of 80 dB(A).
(Çalışanların Gurultu İle İlgili Risklerden Korunmalarına Dair Yonetmelik, 2013)
4.2. carpal tunnel syndrome
It is the general diagnosis given to syndromes such as lack of function, deterioration,
and pain in muscles, joints, tendons, and soft tissues due to movements that cause trauma in the
limbs. It is the result of construction workers performing movements that require continuous
and repetition during their work, which pushes the biomechanical limit of the body. The
condition manifests itself first because of compressed nerves in the carpal tunnel of the wrist.
Each one of these factors—strength, exposure to cold, posture, vibration, and repetition—can
increase your likelihood of developing the condition. Carpal tunnel syndrome may be brought
on by any combination of these risk factors, including prolonged and strenuous hand and wrist
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postures, vibration, intense gripping of the hand for extended periods of time, pressure and
strain in the palm, and working in chilly environments. The hands and arms are often the first
places affected; however, the neck and shoulder regions are also potential trouble spots. In its
latter phases, it can cause harm to the bones, and in rare instances it even affects the spine.
4.3. Vibration-induced white finger disease
Construction workers are often subjected to vibration either because of the environment
in which they operate or the tools and equipment that they use in their jobs. The vibration
exposure measure is defined as the average of the vibration to which they are subjected
throughout the course of an average of eight hours of operation. This is done over the course of
one day. According to the percentage of the worker's body that was in touch with the vibration
source, it is broken down into two different sections. The first one is the vibration of the whole
body. When a person is operating a machine at work that generates continuous vibration, or is
in a machine that generates continuous vibration, or is working on a floor that vibrates, the
worker is subjecting his whole body to vibration. The other one is the vibration of the hand and
arm. In this case, however, the only part of the worker that is exposed to the vibration source is
the leg that he touched. Raynaud's illness is a condition that affects construction workers and is
often brought on by prolonged exposure to vibration. Workers who use spinning hand tools and
tools, crushers, and machines that create vibrations such as grinding and sanding without using
protective equipment are more likely to get discomforts such as muscle tears and muscle cramps
during their careers. After this, patients will suffer a loss of feeling in the limbs that were
exposed to the vibration as well as atrophy in the neurological system. Because to the
constriction of the blood vessels, the blood is unable to supply the skin, which results in the
skin taking on a white and blue look. With higher levels of exposure, there is a greater risk of
skin wounds, which are followed by the death of tissue. To safeguard employees who are
exposed to vibration from becoming unwell, the length of exposure to vibration should be
decreased as much as possible by cutting down on the number of hours workers are required to
put in each day. Alternating between tasks and taking sufficient pauses is recommended for
operators of vehicles with strong vibration impacts. Anti-vibration devices need to be put on
the steering wheels and foot pedals of the vehicles to provide protection against vibration for
the people who operate the machines. It is essential that the cabins, in which the driver or
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operators are housed, be equipped with suspension systems. Work machines that produce less
vibration during operation should be favored wherever feasible, and regular maintenance of the
equipment should be performed to eliminate the possibility of vibration. A division of labor
should be set up so that employees are not required to spend extended periods of time working
with machines that generate vibration. Moreover, workers should be equipped with the essential
protective clothes and equipment to guard them against the effects of vibration.
4.4. Problems Due to Dust Exposure
In several sub-sectors of the building and construction industry, activities such as
crushing, sanding, dismantling, digging, plastering, and excavation are among the many that
contribute to the generation of dust. Other such activities include demolition and excavation
transport. This dusty atmosphere presents a risk to the workers' health if they continue to operate
in it without adopting any preventative steps. It is important to use a mask that can protect
against inhaling the disease-causing dust. Dust should be measured in working environments,
dust extraction systems that prevent or decrease the creation of dust should be installed, and the
ventilation system of the environment should be run properly. Dust should also be measured in
working settings. The following is a list of the most common types of occupational disorders
that construction workers suffer from due to dust in the workplace:
• Asthma: These are usually symptoms of shortness of breath, wheezing, chest swelling
and coughing.
• Chronic obstructive pulmonary disease (COPD): It is a disease that occurs mainly
due to narrowing of the airway . Initial symptoms of the disease; shortness of breath,
cough, difficulty in breathing, sputum production. In the advanced stages, loss of
appetite, weight loss and swelling of the feet occur.
• Lung infection ( Pulmonary infection : Many kinds of bacteria and viruses suspended
in the air by adhering to the dust in the working environments in constructions reach the
lungs of the workers through respiration and cause infection in the lungs. In the first
stages, it creates phlegm and inflammation, making breathing difficult. To protect
workers from disease, special filter masks that provide protection against dust must be
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provided and the working environments must be ventilated in accordance with the
legislation.
• Asbestosis : Generally, people who work in construction for 5-10 years and have
asbestosis for a long time. may occur because of exposure. Symptoms of the disease;
Dangerous consequences such as hypertension, respiratory failure, lung cancer, heart
failure may occur.
• Silicosis : Cement is one of the most used building materials in the construction industry
and to which workers are most exposed. It contains abundant silicosis substance in its
cement structure . Therefore, it is inevitable for workers to be exposed to silicosis during
construction activities . If necessary protective measures are not taken; At first, general
lung disorders begin to emerge in workers. In the later stages, it can cause weight loss,
edema, hypertension and skin disorders. Depending on the particle size, the density of
the dust and the inhalation time, the effects and progression of the disease may differ.
This disease, which has fatal consequences in the last stages of the disease, cannot be
cured.
4.5. Work Position Related Problems
Back and muscular discomfort are caused by working in tricky situations, such as on
construction sites, as well as by carrying heavy goods, standing for extended periods of time,
being in the same posture, or repeating identical actions. Working in this manner for extended
periods of time may result in problems of the skeletal system. If the weight is raised repeatedly,
there is a risk of the waist being flattened, sustaining an injury, or developing a problem that
causes slippage. One of these conditions is called a lumbar hernia, and it may be brought on by
engaging in strenuous physical labor. If the discomfort has worsened because of repeated
exposure, the patient may have pain in the lumbar area that negatively impacts their quality of
life. Moreover, the patient may experience an increase in the amount of pain they feel whenever
they sneeze or cough. In the latter stages of the illness, you may notice a decrease in reflex
activity in the limbs, as well as waist abnormalities and muscular spasms. Damage to the
tendons, which are what link the muscles and bones in a human body, is another source of pain
that may be attributed to improper postures and stances used while at work. The most typical
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symptoms in this region are sensitivity to touch, tingling in the tendons, discomfort, burning,
and swelling in the affected area. The inability to move freely restricts employees' range of
motion. While working out, it is important to take care not to overstretch your tendons since
this may lead to soreness. The capacity to move is afforded to the human body by the presence
of joints. Sliding fluid sacs may be found in joints throughout the body, including the shoulders,
hips, elbows, and knees. These vesicles protect the joints from the abrasions and wear that are
caused by the friction that occurs when the joints move. The condition known as bursitis
develops when a worker injures the slippery fluid that is found in his joints because of poor
posture and severe strain over a prolonged period. One of the signs of bursitis is swelling in the
regions that are painfully affected by the condition. Certain parts of your body are noticeably
hotter than the rest of your body. Workers should be trained and warned to prevent them from
lifting heavy materials by forcing their bodies into the incorrect position or by lifting heavy
materials in an awkward position. The location and environment of the machines should be
arranged in a way that workers can work comfortably. Ergonomic machines with adjustable
height or low according to the body of the worker should be preferred. Workers should be able
to work comfortably.
4.6. Chemical Induced Problems
Workers in the construction sector may be put in situations where they are exposed to
hazardous substances such acid, thinner, paint, lead, varnish, beryllium, tar, and solvents. It is
possible for the quantity of chemical exposure as well as the kind of chemical to change based
on the job, the length of time spent working, and the ambient circumstances. It is possible for
the painter to be exposed to poisonous metal and solvent fumes, for the roofer to be exposed to
tar in the roof insulation material he uses, and for the asphalt road construction worker to be
exposed to petroleum. Symptoms such as discomfort, swelling, crusting, flaking, burning, and
itching may appear on the skin if the body is subjected to an environment that is hazardous to
it. Rashes, crusted wounds, and itchy rashes are among symptoms that may be seen in the latter
stages of the illness. are symptoms of the skin conditions dermatitis and eczema. As a
preventative strategy against these health issues, the warnings that are included in the Material
Safety Data Sheets of the chemicals that are used should be taken into consideration, and the
appropriate protective measures should be implemented in accordance with these warnings. The
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selection of building materials that provide the least potential risk to human health in terms of
chemical exposure should be prioritized. The worker who is going to be exposed to toxic
substances must have protective gear made available to them. In addition, the appropriate
ventilation systems should be installed to protect workers from being exposed to chemicals.
4.7. Temperature Related Problems
As a result of prolonged exposure to elevated levels of heat, workers at high altitudes
and in wintry weather conditions may experience discomforts such as impaired concentration,
heat cramps, heat strokes, heat exhaustion, and sensitivity. These symptoms are caused by the
loss of minerals and water that occurs because of working in hot conditions for an extended
period without taking in the required quantity of fluids. As a result of the fact that construction
workers are often required to do their jobs outside, they are exposed to the potentially harmful
effects of the sun and heat. It is important to monitor the health of workers on a regular basis to
head off any potential problems that may arise because of the contact between them. It is
important to monitor the employees' oxygen consumption rates and determine if there is any
variation in these rates. As a preventative measure against heat strokes, appropriate pauses in
air-conditioned areas should be taken, and enough amounts of fluids should be consumed. The
length of time spent exposed to hazardous substances and the degree of danger posed by those
substances both have a role in determining how likely it is that an individual may develop an
occupational illness. Hence, to safeguard workers from occupational illnesses; and to decrease
the amount of time employees are exposed to a hazardous environment, frequent breaks should
be provided to employees. It is essential to adhere to this practice to safeguard the employees'
health. The legislation requires that a worker put in a minimum of 45 hours of labor every week,
which breaks down to 11 hours of work per day. For safety reasons, women who work night
shifts, pregnant women, and nursing moms should not exceed the maximum workday length of
7.5 hours. In addition, the lawmaker has made it illegal for workers aged 16 to 18 to put in extra
hours that amount to more than eight hours per day and forty hours per week. This article also
applies to those who work at night, including pregnant women and moms who nurse their
children. Regular checkups are very necessary if one want to lessen or eliminate the risk of
developing occupational disorders via timely diagnosis.
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5. Legalization Process of Occupational Health and Safety in the Construction Sector in
Turkey
The administration of the Ereğli coal basin was handed up to the Ministry of Navy in
the year 1865, when the Ottoman Empire was still in existence. Because of this, Dilaver Pasha
was selected to serve as the responsible party for the mining region on behalf of the Navy
Ministry. We can say that the first written Occupational Health and Safety regulation in the
history of Turkey was created after Dilaver Pasha took office. On May 8, 1967, he declared the
Dilaver Pasha Regulation, which bears his name and which he prepared because of the research
he conducted over the course of the two years. This regulation was the result of his efforts.
Between the years 1867 and 1922, this restriction was enforced in the Ottoman Empire about
the laborers who were employed in the Ereğli Coal Basin. Nevertheless, Abdulaziz, who
reigned during that time, did not give his blessing to the plan. There are a total of one hundred
articles and seven chapters included in the rule. In conclusion, the kind of management that will
be implemented at the mines has been chosen, the operating rights have been revised once
again, and the commercial acquisition and selling of the coal that has been produced has been
governed by rules.
The 21st item of the rule states that all healthy males between the ages of 13 and 50 who reside
in one of the 14 villages that are located in the area where the mines are situated are required to
work in the mines for a total of six months every year. Article 29 mandated a reduction in the
number of hours that mine employees were required to put in each day, from 12 to 10, and
Article 30 addressed the health issues that miners face as a direct result of their working
circumstances, as well as potential remedies. With the passage of the 56th article, Christian
miners were granted time off for Easter, while Muslim mining workers were granted time off
for religious holidays. The provision of employees' sustenance and other necessities linked to
their labor by the mining operation was made illegal by the 82nd article of the 68th article. Also,
the 68th article barred workers from engaging in employment that was unrelated to their work
in the mine. Provisions were established, such as breaks for employees, the payment of wages
and salaries in advance, and the payment of earnings to workers who were kept on standby but
did not work in the quarries at that period. It was made certain that the employees who were
suffering from illnesses that were not life-threatening would get free medical attention from the
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physicians working for the mining companies, while those who were sick would be sent home
to rest instead of being required to do their jobs. Under the Dilaver Pasha Regulation, the idea
of sickness was considered as the grounds for the termination of the contract of the mine
employees. The regulation did not include work accidents as they are understood today, nor did
it identify the actions that were to be performed in relation to this problem. In 1869, the Maadin
Regulation came into effect, and as a result, several restrictions that were beneficial to
employees and were analogous to those that govern occupational health and safety today were
put into place. According to this regulation, the provision of compensation to the employee and
their relatives for the compensation of the damage caused by the work accident and a fine if the
owner of the workplace was at fault in the accident was valid. In addition, the provision of
compensation to the employee and their relatives for the compensation of the damage caused
by the work accident was valid. This rule officially granted miners with the right to have
physicians and open pharmacies inside the mines, engineers to take the required precautions to
avoid or reduce accidents, and the right to demand materials from management to implement
these measures. It is required that a report be filed with the management on any accidents that
may have occurred. In addition to this, there is no longer any need for employees to be employed
in mines to do menial tasks.
According to the circumstances that exist today, key laws concerning occupational health
and safety have been developed because of this regulation. This is something that may be
comprehended. Mecelle was the first legal rule in our history to be referred to as "civil law,"
and it went into effect in the year 1876. Legal provisions were regulated with the Mecelle in
regard to the employer's compensation for the damage suffered by the worker due to the
worker's fault, the prohibition of paying the worker's wages in kind, the employer's ability to
extend the worker's working time only from sunrise to sunset, and the payment of the wages of
the worker kept ready for the job as if he had worked. All these issues were addressed in the
Mecelle. (ergometri e-kutuphane, 2023) Throughout the history of the Republic of Turkey,
which was created after the Ottoman Empire, this rule was one of the main ones that was
enacted in 1921 about the rights of employees, working conditions, worker health and safety.
The process of the Ottoman Empire's dissolution and the ensuing wars of independence relied
on the coal that was collected from the coal mines. This coal was the most essential source of
energy that was utilized throughout these battles. It was vitally essential to ensure that the
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production of this priceless source of energy would continue uninterrupted. This kind of
consistency is only attainable with a substantial number of employees.
At the Zonguldak and Ereğli Coal Enterprises, significant legal arrangements were
established to enhance the working environment and personal rights of people who were
working in very harsh and challenging circumstances, and two laws were adopted one after the
other. (Çatma, 2006) Children who had not yet attained the age of 18 were not permitted to be
engaged as laborers by the terms of Law No. 151 on Ereğli Havza-i Fahmiyesi Mining Law,
which went into effect on September 10, 1921. This was done to safeguard the welfare of the
youngsters. There was a cap on the number of hours that could be worked in a single day, and
that cap was set at eight. If the number of hours worked per day went above eight, workers
would be compensated at a rate that was double the standard rate for each additional hour
worked, and the parties involved would have to agree to the overtime. Workers who get ill at
work or are injured on the job will not be required to pay for their medical care since their
company will maintain a pharmacy, hospital, and doctor on-site or near the mine. Mining
permits and privileges will be taken away from firms that do not offer adequate health and
safety measures in the workplace. If an employer is found to be at blame for a fatal workplace
accident, the surviving family members of the deceased worker have the legal right to seek
compensation as well as criminal prosecution. (Ozeken, 1944) When the First Turkish Grand
National Assembly (Ereğli Havzai Fahmiyesi Maden Amelesinin Hukukuna Muteallik Kanun,
1337) was convened in Izmir on March 4, 1923, the First Economics Conference was held there.
The worker delegates came up with a list of 30 different suggestions to discuss at the congress,
which resulted in a number of significant decisions being made addressing the protection of the
personal rights of employees. The problem of working six days a week and taking the day off
on Friday was legally secured with the passage of Law No. 394 on Weekend Vacations on
January 2, 1924. The law did not go into effect until January 21, 1934. The law was approved
on January 2, 1924. (394 Sayılı Hafta Tatili Hakkında Kanun, 1924) The weekend holidays
were rescheduled because of the passage of Law No. 2739 on National Holidays and General
Holidays on May 29, 1935, which was ratified on the following day and went into effect on
June 1, 1935. Sunday was the day off during the weekend vacation. It is stipulated that it will
begin at 13:00 on Saturday of every week, if it is not less than 35 hours long. There are now
brand-new laws in place regulating the separation of public holidays and religious holidays.
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(2739 Sayılı Ulusal Bayram ve Genel Tatiller Hakkında Kanun, 1935) Article 332 of the Code
of Obligations, dated 24 April 1926 and numbered 818, orders as follows: " The employer is
required to take the necessary measures against the dangers he is exposed to due to working at
the level that can be requested from him in terms of the special circumstances of the contract
and the nature of the work, together with the appropriate and sanitary workplaces, together with
the worker............ If he is a resident, he is responsible for providing a clean and comfortable
place to sleep. (818 Sayılı Borclar Kanunu, 1926) According to this law, it is also stipulated
that the employer should take measures against the work accidents that the worker may suffer;
otherwise, the employer will be responsible for covering the damage suffered by the worker
because of the damage caused by the worker due to the experience of a work accident.
The Public Health Law No. 1593 was approved on April 24, 1930, and it went into effect on
May 6, 1930. As part of this law, certain provisions were put into place to safeguard female
employees and children who were employed in the workforce. According to these laws, it was
required to have a doctor present at businesses that employed fifty or more people, and it was
required to build an infirmary or hospital in companies that employed a worker capacity that
was defined in the law. Again, according to the provisions of the law between articles 173 and
180, in terms of occupational health and safety, it is illegal to employ child workers who are
younger than 12 years old in any kind of workplace or mine, including factories and workshops.
This prohibition applies to all types of work environments. It is against the law for employees
between the ages of 12 and 16 (male and female), regardless of gender, to be on the job after 8
o'clock in the evening. Workers aged 12 to 16 years old, regardless of gender, would not be
required to put in more than eight hours of labor every day. It was against the law to hire
anybody younger than 18 years old to work in the entertainment industry or in other comparable
establishments, such as bars, dance halls, and coffee shops. Female employees who are pregnant
will not be required to perform labor that is heavy for the final three months before they give
birth. Additionally, they will be permitted to take a break consisting of two stages totaling a
half an hour to breastfeed their babies for the first six months after they have finished their rest
and have returned to work. The total amount of time that employees in underground operations
at night are required to put in within a 24-hour period is limited to no more than eight hours.
(1593 Sayılı Umumi Hıfzıssıhha Kanunu, 1930). According to Article 54 - 62 of Labor Law
No. 3008, which was published in the Official Gazette on June 15, 1936, which states the
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provisions on occupational safety and health, the measures to be taken by the employers
regarding the occupational safety and health of the workers they employ, and the penal and
administrative sanctions they will face if they do not take these measures, the provisions on
occupational safety and health state that the measures to be taken by the employers regarding
the occupational safety and health of the workers they employ. specified. In addition, rules have
been developed governing the duty of workers to comply with the measures taken by their
employer. This obligation has been made a regulatory requirement. "Labor law is essentially a
branch of the law that regulates the relations between the workers who work on the basis of the
employment contract and the employers who employ them, and the first detailed and
comprehensive step specific to this field in our country was taken with the Labor Law dated
1936 and numbered 3008," (Ataturk Ansiklopidisi, 2023)
With the passing of Law No. 4763 on June 22, 1945, the Ministry of Labor came into being.
In accordance with the first article of the Ministry of Labor Law No. 4841 dated 28 January
1946, social security was included as one of the responsibilities of the ministry. Additionally,
the social security legislation pertaining to working life was discussed for the very first time in
conjunction with this law. As a result, just one authority will be responsible for enforcing
legislation and conducting research concerning occupational health and safety. Throughout the
subsequent years, the General Directorate of Occupational Health was founded inside the
ministry, and responsibility was subsequently passed to this directorate. After that, on
December 13, 1950, Law No. 5690 came into effect, and Article 9 of the International Labor
Organization (ILO) Labor Inspection Convention No. 81 stated, "To ensure the implementation
of the legal provisions regarding the protection of each member's health and safety while they
are busy with their work and to ensure that the procedures used, " The necessary steps will be
taken to ensure that appropriately qualified experts and technicians, including specialists in the
fields of medicine, machinery, electricity, and chemistry, participate in inspection activities in
the most appropriate manner according to national conditions. This will allow for the
examination of the effects that materials and working methods have on the health and safety of
workers. To accomplish this, the necessary measures will be taken. " (ILO, 81 No'lu İş Teftişi
Sozleşmesi, 1947) authorized . It is necessary to assign specialist personnel such as doctors,
engineers, and chemists to inspect workplaces to ensure worker health and safety, to make
improvements and organize the working life of workers, and to give advice on the subject, as
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required by law number 5690 and the ILO agreement that Turkey signed. The pertinent
amendment to Law No. 147 was made official. On the same day that the legislation was passed,
January 12, 1963, the Occupational Safety Inspectors Group President was founded in the cities
of Ankara, Zonguldak, and Izmir, with its headquarters initially located in Istanbul. In the years
that followed, inspections concerning the health and safety of people on the job were conducted
with the assistance of Directorates that were created in cities like as Bursa, Adana, and Erzurum,
amongst other locations. The Labor Law No. 931 was passed in 1967 to better meet the needs
of the changing working life that was caused by the growing industry and technology and to
make the required arrangements. This law was adopted to better meet the requirements of the
changing working life. Yet, the Constitutional Court decided that this legislation should not be
in place and thus struck it down. In the years that followed, in 1971, the Labor Law No. 1475
was published and eventually came into force. The Labor Law No. 4857 was approved on the
22nd of May in 2003, and it was published in the Official Gazette on the 10th of June in the
same year. Since then, it has been in effect. A necessity of the harmonization process conducted
by the European Union was one of the motivations for the creation of this regulation.
Regulations were enacted in accordance with the terms "Occupational Health and Safety
Board," "Occupational Physician," and "Occupational Safety Engineers or Technical Staff" in
Articles 80, 81, and 82 of the Law, respectively. In accordance with these rules and regulations.
• They will form an Occupational Health and Safety Board for businesses that have an
industrial qualification, have at least fifty employees on a permanent basis, and conduct
work for more than six months. The employer will implement and fulfill the decisions
to be made by the board in accordance with the legislation.
• Businesses with at least fifty employees on a permanent basis will have a workplace
physician to take occupational health and safety measures related to the health status of
the employees, and to perform first aid and emergency response services, excluding the
treatment services provided by the Social Insurance Institution. Depending on the
degree of danger of the work and the number of employees in the workplace, one or
more doctors will be available. To fulfill this service, a workplace health unit will be
established.
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• Enterprises that have an industrial nature, have at least 50 employees continuously and
work for more than six months will assign engineers or technical personnel to determine,
monitor and implement the measures to be taken in order to prevent work accidents and
protect employees against occupational diseases. Engineers or technical personnel will
be increased according to the degree of danger, the number of workers and their
characteristics.(4857 Sayılı İş Kanunu, 2003)
After being adopted on June 26, 2012, and published in the Official Gazette on June 30,
2012, Occupational Health and Safety Law No. 6331 became operational and began to be
enforced on July 1, 2012. Because of this, the appropriate preparations were made to improve
the work that was conducted in this sector based on the legislation, and the required emphasis
was given to the subject of occupational health and safety.
6. Conclusion
It was on May 8, 1967, that the Dilaver Pasha Regulation became the first written
Occupational Health and Safety regulation in the history of Turkey. Since then, Turkey has
been the source of numerous legislative laws that have been effective in the sphere of
occupational health and safety. The positive advancements in occupational health and safety
(OHS) gained impetus because of our membership in many international organizations and the
signing of various international agreements. One of the factors that has contributed to the
realization of these developments is the developing and growing Turkey, the positive
developments in education and training, and the social awareness created by the constant
communication that people have with one another through social media and other similar means
of communication. It is impossible to stop the flow of information between the cultures of
today, which are in continuous connection with one another thanks to the many technologies
available for social communication. The Turkish people, who have become more aware in a
century in which there has been so much opportunity for communication, have a natural desire
to observe the legal norms that are enforced in industrialized nations and the steps that are done
in Turkey. In addition, the requirements that Turkey must meet to become a member of the
European Union have also been a crucial factor in the development of occupational health and
safety procedures. Several Turkish construction enterprises collaborate on building projects
with their counterparts in other countries or with global construction firms. During the
development of these projects, international firms urge Turkish enterprises to satisfy
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environmental, quality, and safety standards. Occupational safety is also included among these
demands since it is an important concern for foreign corporations. Gains may be made through
transmitting beneficial experience, information, and technological procedures that are
connected to occupational health and safety while simultaneously satisfying these
commitments. As a result of the problems and regulatory requirements that are discussed in the
article, occupational safety has developed into an essential sector of the Turkish economy. In
addition, it is a goal to establish Occupational Health and Safety departments at educational
institutions such as universities and to train qualified professionals to educate the required
specialized labor force. All these efforts are being made with the intention of preventing
accidents on the job and protecting workers from getting illnesses related to their jobs. Yet,
compliance with legal requirements is not sufficient on its own to ensure success in this
industry. The culture of occupational health and safety should be adopted by both employers
and workers, and both parties should adhere to the standards and take the necessary precautions
to protect themselves. After the earthquake that occurred in the Kahramanmaraş region of
Turkey on February 6, 2023, the construction industry will have a significant amount of work
to complete, and thousands of workers will be required to clear the rubble that was left behind
by the buildings that collapsed and to rapidly rebuild the structures in the regions that were
damaged. Occupational health and safety should be implemented carefully throughout this
process to ensure the well-being of workers, and the state's regulatory mechanisms should be
put into action.
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