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Turkish Labour Laws In English

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Turkish Labour Laws Translated into English.

Turkish Labour Laws Translated into English.

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Turkish Labour Laws In English Turkish Labour Laws In English Document Transcript

  • İlgili mevzuat Yazdır Notları göster Lebib Yalkın Mevzuat Programı B/1475E.515 Official gazette No. 25328 O.G. Date: 26.12.2003 From the Ministry of the Labour and Social Security: Regulation on the Health and Safety Measures in Workings with Asbestos PART ONE Purpose, Scope, Legal Basis, Definitions Purpose Article 1 - The purpose of this regulation is to prevent the exposure to the asbestos dust of the employees and the protection against health risks which may occur from this exposure, and to define the limit values and other special measures. Scope Article 2 - This Regulation applies for all works and workplaces in which the exposure to the asbestos dust is possible and for all the works with asbestos and materials containing asbestos defined within the scope of the Labour Law 4857on 22/5/2003. In the workplaces under this Regulation, the provisions of the Business Health and Safety Regulation are also applied without prejudice to more strict and private provisions in this Regulation. Ground Article 3 - This Regulation is prepared in accordance with the Article 78 of the Labour Law 4857. Definitions Article 4 – Whenever stated in this Regulation; a) The Ministry: The Ministry of Labour and Social Security. b) Asbestos : - Actinolite Asbestos, CAS No 77536-66-4, - Grunerit Asbestos (amosit) CAS No 12172-73-5, - Anthophyllite Asbestos, CAS No 77536-67-5, - Chrysotile, CAS No 12001-29-5, - Crosidolite, CAS No 12001-28-4, - Tremolite Asbestos, CAS No 77536-68-6. PART TWO General provisions Risk Assessment Article 5 - The employer is obligated to conduct the risk assessment by considering the exposure level to the employees and type and physical characteristics of the asbestos in risky works in which asbestos dust exposure risk is involved. As a result of the risk assessment conducted in the workplace; a) In the event of low risk of exposure and rare exposure to the employees and the asbestos values in the ambient air are lower than the limit values; the provisions of the articles 6, 19, and 20 of this Regulation may not be applied for the following works; 1) For the provisional and low duration maintenance and repair works in which only materials which cannot be broken are involved 2) The removal works of the materials to which the asbestos fibres are closed tightly, without any breaking and crushing, 3) Works of the packaging of asbestos materials in good condition, 4) In the sample taking works to monitor and control the asbestos containment in the materials. b) When the risk assessment is conducted, the opinions of the employees or their representatives shall be considered. Risk assessment shall be re-conducted
  • whenever the material with asbestos is changed. Notification Article 6 - The employer is obligated to notify the workplace within this scope to the ministry before starting to work. a) The following matters shall be considered in this notification: 1) Address of the workplace, 2) Type and the quantity of the asbestos used or processed, 3) Works and processes, 4) Number of the employees, 5) Job commencement dates and duration of the work, 6) Measures taken to prevent the exposure to the employees b) The employees and/or their representatives have the right to see the documents related to the notification to the Ministry. c) In any change which may increase the exposure to the asbestos dust in the working conditions considerably, the employer is obligated to make new notification to the Ministry. Prohibition on Usage Article 7 - The usage of asbestos by spraying and working with insulation or voice isolation material with less than 1 gr/m3 intensity and with asbestos containment are prohibited. Without prejudice to other legislations in force related to the usage and marketing of the asbestos; the revealing of asbestos, production of asbestos products or products with asbestos containment, and works in which the employees may be subject to the exposure to the asbestos fibres are prohibited. The works for the removal of the products with asbestos due to demolition, removal, and separation works of the materials with asbestos are excluded. Prevention of Exceeding the Limit Values Article 8 - In the works with asbestos and materials with asbestos; the following measures shall be taken in order to reduce the exposure to the employees to dust and prevent the exceeding the limit values of the asbestos in the ambient air as stated in the article 10 of this Regulation: a) The works with asbestos and materials with asbestos shall be conducted with the minimum employees possible. b) The working system shall be designed not to lead asbestos dust and if this is not possible, to prevent the spreading of the dust revealed during the work. c)The places and equipments used in the works with asbestos shall be suitable for the proper conduct of the cleaning and maintenance works. d) Asbestos or materials revealing asbestos dust shall be carried in the sealed containers and shall be stored separately from the other materials. e) The wastes containing asbestos shall be collected immediately and shall be removed and destroyed in the sealed containers as labelled to indicate the asbestos containment in accordance with the relevant legislations. This provision shall not apply mining businesses. Asbestos Measurements Article 9 - Asbestos measurement and sample taking processes shall be conducted as stated below: a) The asbestos fibre shall be measured regularly in the working environment in order to provide the compliance with the limit values as stated in the article 10 of this Regulation and considering the risk assessment results conducted at the commencement. b) Sample taking for the measurement shall be conducted to show the exposure of the employees to asbestos and dusts from the materials with asbestos. c) The opinions of the employees and their representatives shall be considered during sample taking. d) Samples shall be taken by the skilled persons on this field. The analysis of the samples shall be conducted in the laboratories equipped with the proper tools and equipments for the fibre counting as stated in the clause “f”. e) The sample taking duration shall be to determine the exposure of the employee in an 8-hour shift through measurement or time weighted calculation. f) Fibre counting shall be conducted with the method advised by the International Health Agency in 1997 by using PCM (phase contrast microscope) or equivalent method to give the same results. In the measurement of the asbestos in the air, the fibres with larger than 5 micron lengths and Fibrous dusts having lengths 3 times more than their diameter
  • shall be considered. Limit Value Article 10 - It shall be insured by the employer that the time weighted average (TWA) of asbestos concentration that the employees shall be exposed should be less than 0,1 fibre/cm3. Exceeding the limit value Article 11 - In the event of exceeding the limit value as stated in the article 10 of this Regulation a) The reasons for the exceeding of the limit values shall be determined, and the required measures shall be taken to reduce the asbestos concentration under this value. Until the required measures are taken for the protection of the employees, the works in the affected area shall be suspended. b) In order to determine the efficiency of the measures taken, the asbestos concentration shall be re-measured in the ambient air. c) In the event of that the exposure may not be reduced and reaching the limit value by using the respiration system protective, the working of the employees with protective clothing and equipments shall not be maintained continuously, and the maximum duration for the work of each employee shall be pre-determined, and this duration shall never be exceeded. During the working by using the protective, the suitable breaks shall be provided for the employees by considering physical conditions and climate conditions and opinions of the employees or their representatives. Demolition and Maintenance/ Repair Works Article 12 - Before the commencement of the employer to the demolition or maintenance/repair works, the employer shall perform the required works by getting information from the owner of the building or the facility in order to define the materials with asbestos containment. In the event of any suspicion of asbestos containment in any structure or material, the provisions of this Regulation shall apply. Demolition and Removal Works Article 13 - In the demolition removal, demounting, maintenance and repair works in which the limit value as stated in the article 10 of this Regulation for the asbestos concentration in the ambient air may be exceeded despite the technical measures; the following measures shall be taken by the employer specifically: a) The suitable respiration system protective and other personal protective equipments as well as the employees to use them shall be determined. b) The warning signs shall be placed to the places in which the limit value may be exceeded. c) The spreading of dust from the asbestos and the materials with asbestos shall be prevented. Before the commencement of the works as stated above, the opinions of the employees and their representatives shall be taken. Business Plan Article 14 - Before the mounting or demounting of the buildings, structures, workshops, plants, and other facilities as well as ships containing asbestos and/or materials with asbestos, a working schedule shall be conducted. a) In a working plan (schedule), the measures in the workplace shall be determined. In this schedule especially the following shall be contained: 1) The removal of asbestos and the materials with asbestos, if the removal of these materials is not very risky, the removal of the asbestos or the materials with asbestos before any demolition works conducted. 2) The supply of the personal protective materials as stated in the clause “a” of the article 13 of this Regulation, whenever required, 3) When the demolition and removal of the asbestos is completed, a document shall be prepared that the risk of exposure to asbestos is eliminated. b) The defined working schedule shall be submitted to the Ministry before the commencement of the works. Training Article 15 - The employer is obligated to provide with the sufficient and proper training to all employees who may be exposed to the dusts with asbestos containment. This training; a) shall be renewed in certain intervals and no financial burden shall be
  • exposed to the employees. b) shall be conducted to allow the understanding of the employees easily, and it shall be insured that all employees shall have the following information in terms of protection and safety; 1) The health effects of the asbestos including the characteristics of asbestos and the negative effects of smoking, 2) Materials and products which may contain asbestos 3) The importance of preventive measures to minimize the exposure of asbestos and the processes of asbestos, 4) Protective equipment with safe working type and method, 5) Selection of proper respiration system, and the protection type and level with them, and proper usage of such equipments, 6) Emergency procedures, 7) Decontamination processes, 8) Waste removal, and 9) required medical examinations. Conduct of the Removal Works by the Experts Article 16 - The removal or demounting of the asbestos shall be conducted by the skilled personnel having the required experience and information on this field. General Measures Article 17 - The following measures shall be taken in working with asbestos or materials with asbestos: a) In the Workplaces in which the works with asbestos are conducted; 1) the areas shall be market apparently and warning signs shall be placed. 2) No employees shall be allowed to enter such places other than the authorized personnel. 3) Non smoking areas shall be determined. b) Asbestos contamination shall be prevented for the places designated for eating and drinking. c) In the Workplaces in which the works with asbestos are conducted; 1) The employees shall be provided with the suitable protective work clothing. 2) The protective clothing shall not be removed from the workplace. The clothing shall be cleaned in the places designated for such processes, but the clothing shall be removed from the workplace in the closed containers. 3) The protective clothing and the personal clothing of the employees shall be stored in separate places. 4) The employees shall be provided with washing places and shower for the works with dust. 5) The protective tools and equipments shall be stored in the suitable places and suitable conditions. These tools shall be controlled and cleaned before and after each usage. The ones needing repair shall be repaired or changed. These measures shall not bring any material burden to the employees. Information to the employees or their representatives Article 18 - In the works with asbestos or materials with asbestos; a) The required information shall be provided to the employees and their representative on the following issues: 1) Health risks from the asbestos or material with asbestos 2) The limit values stated in the Regulation and the continuous measurements in the ambient air; 3) Hygiene conditions which should be followed including non smoking 4) The measures related to the usage of the protective equipments and clothing 5) The measures to minimize the exposure to the asbestos b) In addition to the measures as stated in the clause (a) above; 1) The employees and/or their representatives shall be provided with information about the measurement results of the asbestos concentration and explanations shall be made related to these results: 2) In the event of exceeding the limit values as stated in the article 10 of this regulation, the employees and/or their representatives shall be immediately informed of the situations, the reasons shall be stated, and information exchange shall be conducted for the measures to be taken. In an emergency situation, the measures taken shall be notified. Health Monitoring Article 19 - The employees shall be monitored by considering the following matters:
  • a) The general health situation of each employee shall be evaluated before the commencement of his/her work with asbestos, and the chest examinations and other controls shall be conducted as stated in the annex to this Regulation. The evaluation of the health situations of the employees shall be repeated once in 3 years at least, and a health record shall be maintained for each employee. b) The medical doctor responsible for the health monitoring shall determine any and all protective and preventive measures and shall advise including prohibition of the employees in the works with asbestos in accordance with the examinations and controls. c) He/she shall inform about the health evaluations after the completion of the exposure to the employees. The Doctor may determine the duration of the health monitoring after the completion of the exposure to the employee. d) The employee or the employer has the right to re-request the conduct of the health consultations and controls Storing of the records Article 20 - The employers having the workplaces in which the works with asbestos are conducted are obligated to keep the following records and to keep them: a) The employer shall keep the duration and exposure quantity from the works with asbestos or materials with asbestos. The doctors or other authorized persons on health may review such records. The employees may get a copy of their records. The employees and/or their representatives may obtain general information about the records. b) The records as stated in the clause “a” of this article and the clause “a” of the article 19 of this Regulation shall be stored for at least forty years from the end of the termination of the exposure c) In the event of end of the operation in the workplace, the employer is obligated to submit such records to the Ministry. Asbestosis and Mezotelioma Records Article 21 - The asbestosis and mezotelioma records as determined by the Social Security Institution or notified to the Institution shall be kept by the Institution. PART THREE Final provisions The Relevant European legislation Article 22 - This Regulation has been prepared on the basis of the European Parliament and Council Directives with nr 83/477/EEC on 19/9/1983, nr 91/382/EEC on 25/6/1991, and 2003/18/EC on 27/3/2003. Application Basis Article 23 - The Ministry may issue directives to issue the application principles related to this Regulation. Effectiveness Article 24 – This Regulation becomes effective on 15.4.2006. Execution Article 25 - The provisions of this Regulation is executed by the Minister of the Labour and Social Security ANNEX - I The matters related to the health examination and controls as determined in the Article 19 of this regulation: 1. The exposure of the free asbestos fibres may lead the following diseases according to the current findings: - asbestosis - mezotelioma - lung cancer (bronchial carcinoma) - gastro-intestinal carcinoma (cancer) 2. The doctor and/or other health officer should closely know the exposure level and working conditions of the employees.
  • 3. The examination of the employees sall be conducted in accordance with the principles and applications of the business medicine, and contain the following at the minimum: - Recording of the relevant records about the occupational and medical history of the employee - Interview with any employee, - general clinical examination, especially chest examination, - respiration function test. (volume and speed of the inhaled air) The doctor and/or other authorized health professional may request other more advanced examinations such as sputum sitology tests, X-ray, and temodensitometri, by considering the advancements related to the business medicine. ----------o----------
  • İlgili mevzuat Yazdır Notları göster Lebib Yalkın Mevzuat Programı B/1475E.515 Official gazette No. 25328 O.G. Date: 26.12.2003 From the Ministry of the Labour and Social Security: Regulation on the Health and Safety Measures in Workings with Asbestos PART ONE Purpose, Scope, Legal Basis, Definitions Purpose Article 1 - The purpose of this regulation is to prevent the exposure to the asbestos dust of the employees and the protection against health risks which may occur from this exposure, and to define the limit values and other special measures. Scope Article 2 - This Regulation applies for all works and workplaces in which the exposure to the asbestos dust is possible and for all the works with asbestos and materials containing asbestos defined within the scope of the Labour Law 4857on 22/5/2003. In the workplaces under this Regulation, the provisions of the Business Health and Safety Regulation are also applied without prejudice to more strict and private provisions in this Regulation. Ground Article 3 - This Regulation is prepared in accordance with the Article 78 of the Labour Law 4857. Definitions Article 4 – Whenever stated in this Regulation; a) The Ministry: The Ministry of Labour and Social Security. b) Asbestos : - Actinolite Asbestos, CAS No 77536-66-4, - Grunerit Asbestos (amosit) CAS No 12172-73-5, - Anthophyllite Asbestos, CAS No 77536-67-5, - Chrysotile, CAS No 12001-29-5, - Crosidolite, CAS No 12001-28-4, - Tremolite Asbestos, CAS No 77536-68-6. PART TWO General provisions Risk Assessment Article 5 - The employer is obligated to conduct the risk assessment by considering the exposure level to the employees and type and physical characteristics of the asbestos in risky works in which asbestos dust exposure risk is involved. As a result of the risk assessment conducted in the workplace; a) In the event of low risk of exposure and rare exposure to the employees and the asbestos values in the ambient air are lower than the limit values; the provisions of the articles 6, 19, and 20 of this Regulation may not be applied for the following works; 1) For the provisional and low duration maintenance and repair works in which only materials which cannot be broken are involved 2) The removal works of the materials to which the asbestos fibres are closed tightly, without any breaking and crushing, 3) Works of the packaging of asbestos materials in good condition,
  • 4) In the sample taking works to monitor and control the asbestos containment in the materials. b) When the risk assessment is conducted, the opinions of the employees or their representatives shall be considered. Risk assessment shall be re-conducted whenever the material with asbestos is changed. Notification Article 6 - The employer is obligated to notify the workplace within this scope to the ministry before starting to work. a) The following matters shall be considered in this notification: 1) Address of the workplace, 2) Type and the quantity of the asbestos used or processed, 3) Works and processes, 4) Number of the employees, 5) Job commencement dates and duration of the work, 6) Measures taken to prevent the exposure to the employees b) The employees and/or their representatives have the right to see the documents related to the notification to the Ministry. c) In any change which may increase the exposure to the asbestos dust in the working conditions considerably, the employer is obligated to make new notification to the Ministry. Prohibition on Usage Article 7 - The usage of asbestos by spraying and working with insulation or voice isolation material with less than 1 gr/m3 intensity and with asbestos containment are prohibited. Without prejudice to other legislations in force related to the usage and marketing of the asbestos; the revealing of asbestos, production of asbestos products or products with asbestos containment, and works in which the employees may be subject to the exposure to the asbestos fibres are prohibited. The works for the removal of the products with asbestos due to demolition, removal, and separation works of the materials with asbestos are excluded. Prevention of Exceeding the Limit Values Article 8 - In the works with asbestos and materials with asbestos; the following measures shall be taken in order to reduce the exposure to the employees to dust and prevent the exceeding the limit values of the asbestos in the ambient air as stated in the article 10 of this Regulation: a) The works with asbestos and materials with asbestos shall be conducted with the minimum employees possible. b) The working system shall be designed not to lead asbestos dust and if this is not possible, to prevent the spreading of the dust revealed during the work. c)The places and equipments used in the works with asbestos shall be suitable for the proper conduct of the cleaning and maintenance works. d) Asbestos or materials revealing asbestos dust shall be carried in the sealed containers and shall be stored separately from the other materials. e) The wastes containing asbestos shall be collected immediately and shall be removed and destroyed in the sealed containers as labelled to indicate the asbestos containment in accordance with the relevant legislations. This provision shall not apply mining businesses. Asbestos Measurements Article 9 - Asbestos measurement and sample taking processes shall be conducted as stated below: a) The asbestos fibre shall be measured regularly in the working environment in order to provide the compliance with the limit values as stated in the article 10 of this Regulation and considering the risk assessment results conducted at the commencement. b) Sample taking for the measurement shall be conducted to show the exposure of the employees to asbestos and dusts from the materials with asbestos. c) The opinions of the employees and their representatives shall be considered during sample taking. d) Samples shall be taken by the skilled persons on this field. The analysis of the samples shall be conducted in the laboratories equipped with the proper tools and equipments for the fibre counting as stated in the clause “f”. e) The sample taking duration shall be to determine the exposure of the employee in an 8-hour shift through measurement or time weighted calculation. f) Fibre counting shall be conducted with the method advised by the
  • International Health Agency in 1997 by using PCM (phase contrast microscope) or equivalent method to give the same results. In the measurement of the asbestos in the air, the fibres with larger than 5 micron lengths and Fibrous dusts having lengths 3 times more than their diameter shall be considered. Limit Value Article 10 - It shall be insured by the employer that the time weighted average (TWA) of asbestos concentration that the employees shall be exposed should be less than 0,1 fibre/cm3. Exceeding the limit value Article 11 - In the event of exceeding the limit value as stated in the article 10 of this Regulation a) The reasons for the exceeding of the limit values shall be determined, and the required measures shall be taken to reduce the asbestos concentration under this value. Until the required measures are taken for the protection of the employees, the works in the affected area shall be suspended. b) In order to determine the efficiency of the measures taken, the asbestos concentration shall be re-measured in the ambient air. c) In the event of that the exposure may not be reduced and reaching the limit value by using the respiration system protective, the working of the employees with protective clothing and equipments shall not be maintained continuously, and the maximum duration for the work of each employee shall be pre-determined, and this duration shall never be exceeded. During the working by using the protective, the suitable breaks shall be provided for the employees by considering physical conditions and climate conditions and opinions of the employees or their representatives. Demolition and Maintenance/ Repair Works Article 12 - Before the commencement of the employer to the demolition or maintenance/repair works, the employer shall perform the required works by getting information from the owner of the building or the facility in order to define the materials with asbestos containment. In the event of any suspicion of asbestos containment in any structure or material, the provisions of this Regulation shall apply. Demolition and Removal Works Article 13 - In the demolition removal, demounting, maintenance and repair works in which the limit value as stated in the article 10 of this Regulation for the asbestos concentration in the ambient air may be exceeded despite the technical measures; the following measures shall be taken by the employer specifically: a) The suitable respiration system protective and other personal protective equipments as well as the employees to use them shall be determined. b) The warning signs shall be placed to the places in which the limit value may be exceeded. c) The spreading of dust from the asbestos and the materials with asbestos shall be prevented. Before the commencement of the works as stated above, the opinions of the employees and their representatives shall be taken. Business Plan Article 14 - Before the mounting or demounting of the buildings, structures, workshops, plants, and other facilities as well as ships containing asbestos and/or materials with asbestos, a working schedule shall be conducted. a) In a working plan (schedule), the measures in the workplace shall be determined. In this schedule especially the following shall be contained: 1) The removal of asbestos and the materials with asbestos, if the removal of these materials is not very risky, the removal of the asbestos or the materials with asbestos before any demolition works conducted. 2) The supply of the personal protective materials as stated in the clause “a” of the article 13 of this Regulation, whenever required, 3) When the demolition and removal of the asbestos is completed, a document shall be prepared that the risk of exposure to asbestos is eliminated. b) The defined working schedule shall be submitted to the Ministry before the commencement of the works. Training
  • Article 15 - The employer is obligated to provide with the sufficient and proper training to all employees who may be exposed to the dusts with asbestos containment. This training; a) shall be renewed in certain intervals and no financial burden shall be exposed to the employees. b) shall be conducted to allow the understanding of the employees easily, and it shall be insured that all employees shall have the following information in terms of protection and safety; 1) The health effects of the asbestos including the characteristics of asbestos and the negative effects of smoking, 2) Materials and products which may contain asbestos 3) The importance of preventive measures to minimize the exposure of asbestos and the processes of asbestos, 4) Protective equipment with safe working type and method, 5) Selection of proper respiration system, and the protection type and level with them, and proper usage of such equipments, 6) Emergency procedures, 7) Decontamination processes, 8) Waste removal, and 9) required medical examinations. Conduct of the Removal Works by the Experts Article 16 - The removal or demounting of the asbestos shall be conducted by the skilled personnel having the required experience and information on this field. General Measures Article 17 - The following measures shall be taken in working with asbestos or materials with asbestos: a) In the Workplaces in which the works with asbestos are conducted; 1) the areas shall be market apparently and warning signs shall be placed. 2) No employees shall be allowed to enter such places other than the authorized personnel. 3) Non smoking areas shall be determined. b) Asbestos contamination shall be prevented for the places designated for eating and drinking. c) In the Workplaces in which the works with asbestos are conducted; 1) The employees shall be provided with the suitable protective work clothing. 2) The protective clothing shall not be removed from the workplace. The clothing shall be cleaned in the places designated for such processes, but the clothing shall be removed from the workplace in the closed containers. 3) The protective clothing and the personal clothing of the employees shall be stored in separate places. 4) The employees shall be provided with washing places and shower for the works with dust. 5) The protective tools and equipments shall be stored in the suitable places and suitable conditions. These tools shall be controlled and cleaned before and after each usage. The ones needing repair shall be repaired or changed. These measures shall not bring any material burden to the employees. Information to the employees or their representatives Article 18 - In the works with asbestos or materials with asbestos; a) The required information shall be provided to the employees and their representative on the following issues: 1) Health risks from the asbestos or material with asbestos 2) The limit values stated in the Regulation and the continuous measurements in the ambient air; 3) Hygiene conditions which should be followed including non smoking 4) The measures related to the usage of the protective equipments and clothing 5) The measures to minimize the exposure to the asbestos b) In addition to the measures as stated in the clause (a) above; 1) The employees and/or their representatives shall be provided with information about the measurement results of the asbestos concentration and explanations shall be made related to these results: 2) In the event of exceeding the limit values as stated in the article 10 of this regulation, the employees and/or their representatives shall be immediately informed of the situations, the reasons shall be stated, and information exchange shall be conducted for the measures to be taken. In an emergency situation, the measures taken shall be notified.
  • Health Monitoring Article 19 - The employees shall be monitored by considering the following matters: a) The general health situation of each employee shall be evaluated before the commencement of his/her work with asbestos, and the chest examinations and other controls shall be conducted as stated in the annex to this Regulation. The evaluation of the health situations of the employees shall be repeated once in 3 years at least, and a health record shall be maintained for each employee. b) The medical doctor responsible for the health monitoring shall determine any and all protective and preventive measures and shall advise including prohibition of the employees in the works with asbestos in accordance with the examinations and controls. c) He/she shall inform about the health evaluations after the completion of the exposure to the employees. The Doctor may determine the duration of the health monitoring after the completion of the exposure to the employee. d) The employee or the employer has the right to re-request the conduct of the health consultations and controls Storing of the records Article 20 - The employers having the workplaces in which the works with asbestos are conducted are obligated to keep the following records and to keep them: a) The employer shall keep the duration and exposure quantity from the works with asbestos or materials with asbestos. The doctors or other authorized persons on health may review such records. The employees may get a copy of their records. The employees and/or their representatives may obtain general information about the records. b) The records as stated in the clause “a” of this article and the clause “a” of the article 19 of this Regulation shall be stored for at least forty years from the end of the termination of the exposure c) In the event of end of the operation in the workplace, the employer is obligated to submit such records to the Ministry. Asbestosis and Mezotelioma Records Article 21 - The asbestosis and mezotelioma records as determined by the Social Security Institution or notified to the Institution shall be kept by the Institution. PART THREE Final provisions The Relevant European legislation Article 22 - This Regulation has been prepared on the basis of the European Parliament and Council Directives with nr 83/477/EEC on 19/9/1983, nr 91/382/EEC on 25/6/1991, and 2003/18/EC on 27/3/2003. Application Basis Article 23 - The Ministry may issue directives to issue the application principles related to this Regulation. Effectiveness Article 24 – This Regulation becomes effective on 15.4.2006. Execution Article 25 - The provisions of this Regulation is executed by the Minister of the Labour and Social Security ANNEX - I The matters related to the health examination and controls as determined in the Article 19 of this regulation: 1. The exposure of the free asbestos fibres may lead the following diseases according to the current findings: - asbestosis - mezotelioma
  • - lung cancer (bronchial carcinoma) - gastro-intestinal carcinoma (cancer) 2. The doctor and/or other health officer should closely know the exposure level and working conditions of the employees. 3. The examination of the employees sall be conducted in accordance with the principles and applications of the business medicine, and contain the following at the minimum: - Recording of the relevant records about the occupational and medical history of the employee - Interview with any employee, - general clinical examination, especially chest examination, - respiration function test. (volume and speed of the inhaled air) The doctor and/or other authorized health professional may request other more advanced examinations such as sputum sitology tests, X-ray, and temodensitometri, by considering the advancements related to the business medicine. ----------o----------
  • İlgili mevzuat Yazdır Notları göster Lebib Yalkın Mevzuat Programı B/1475E.505 Official Gazette Nr. 25328 Date: 26.12.2003 From the Ministry of Labour and Social Security: Regulation on Health and Security Measures on working with Carcinogenic and Mutagen Materials PART ONE Purpose, Scope, Legal Basis, Definitions Purpose Article 1 - The purpose of this regulation is to define the health and security measures required for the protection of the employees from risks due to the exposure to carcinogenic and mutagen materials including prevention to the exposure to these materials. Scope Article 2 - This regulation is applied on the followings which are covered in the Labour Law with nr 4857 on 22/5/2003; a) The Provisions of this regulation is applied in the workplaces in which exposure of the carcinogenic and mutagen materials exposure exists for the employees b) In working with asbestos, the provisions of this Regulation stipulating better protection is applied together with the provisions on the Regulation on Health and Security Measures in Workings with Asbestos. c) In the workplaces under this Regulation, the provisions of the Business Health and Safety Regulation are also applied without prejudice to more strict and private provisions in this Regulation. d) It is not applied only on the works in which the exposure to radiation is involved. Ground Article 3 - This Regulation is prepared in accordance with the Article 78 of the Labour Law 4857. Definitions Article 4 – Whenever stated in this Regulation; a) Carcinogenic material: 1. Materials leading cancer accelerating the formation of cancer when inhaled, taken through mouth, or penetrated to the skin. 2. The materials stated in the Annex I, processes, and those revealed during these processes b) Mutagen material: The materials which may lead or accelerate genetic damages when inhaled, taken through mouth, or penetrated to the skin. c) Limit value: Average concentration of the carcinogenic and mutagen material in the ambient of the employee’s breathing area within the reference time interval as stated in the Annex III, d) The Ministry: The Ministry of Labour and Social Security. PART TWO Duty and Responsibility of the Employer
  • Risk Assessment Article 5 - The exposure type, exposure quantity, and exposure time of the employees working in the workplaces in which carcinogenic and mutagen materials exist shall be determined, the risk assessment shall be conducted, and the health and safety measures shall be determined. When risk evaluation is conducted, the working conditions, exposure type and level shall be considered, and the duration of the validity of the risk assessment and the renewal intervals required shall be determined, and it shall be renewed once in every five year under all conditions. Risk assessment shall be re-conducted whenever a change has happened which could affect the exposure level in the working conditions. The employer is obligated to submit the information used in the risk assessment to the relevant Authority whenever requested. All of the entry methods to the body including the skin shall be considered in risk assessment of the carcinogenic and mutagen materials Whenever risk evaluation is conducted, the employer shall consider health and safety of the employees under special risk, and the requests of those who don’t want to work with the carcinogenic and mutagen materials shall be considered. Reduction of the usage Article 6 - The employers are obligated to follow the following matters: a) The Employer shall reduce the usage of the carcinogenic and mutagen materials in the workplace by using less dangerous material, process or mixture, for the health and safety of the employers, whenever it is possible technically. b) The employers are obligated to submit the research results on the carcinogenic and mutagen materials to the Ministry, whenever requested. Prevention and reduction of the Exposure Article 7 - In order to prevent and reduce the exposure in the workings with carcinogenic and mutagen materials: a) In the event of understanding that there is a risk for the health and safety of the employees as a result of the risk assessment conducted in accordance with the Article 5 of this Regulation, the exposure of the employees to the dangerous materials shall be prevented. b) If the materials, or the mixtures or the process in which the carcinogenic and mutagen materials are used cannot be avoided for technical reasons, closed systems shall be utilized in the production and usage of these materials in accordance with the technical possibilities. c) If the working with closed system is not possible technically, the exposure of the employees shall be reduced to the lowest possible level. d) The exposure of the employees to the carcinogenic and mutagen materials shall not exceed the limit values in the Annex-III. e) The employer shall take the required measures in the works in which the carcinogenic and mutagen materials are used. 1) The quantity of the carcinogenic and mutagen materials shall be determined and the existence of more material than the required quantity in the workplaces shall be prevented. 2) The number of the employees which exposed or may be exposed to the carcinogenic and mutagen materials shall be minimized. 3) In order to prevent or to minimize the spreading of the carcinogenic and mutagen materials to the working environment, the process design shall be conducted in more suitable type, and the required engineering measures shall be taken. 4) The discharge of the carcinogenic and mutagen materials through local and general ventilation system or other methods from the working environment shall be conducted not to damage to the public health and environment. 5) In the event of spreading the carcinogenic and mutagen materials in the environment as a result of any accident or unexpected manner, the suitable measurement systems shall be found for the early detection of this situation. 6) Suitable working methods and processes shall be used. 7) In the event of the failing to provide the common protection and/or to prevent the exposure, suitable personal protection measures shall be utilized. 8) Especially, the base, walls, and other surfaces in the workplace shall be cleaned regularly, and the hygiene condition shall be maintained. 9) Employees shall be informed. 10) The places in which the exposure or probability to the exposure to the carcinogenic and mutagen materials is possible shall be marked with suitable notification signboards and safety marks. There shall be warning boards for non-
  • smoking and prohibition of eating or drinking. 11) Plans shall be conducted for the emergency situations which may lead high level of exposure. 12) The safe storing, carriage pr processing of the carcinogenic and mutagen materials should be labelled to mention the materials, and stored in the closed containers. 13) The safe collection, storing and removal of the wastes shall be conducted by using the closed and sealed containers which are labelled apparently. Notification to the Authorized Body Article 8 - In the businesses where risk is involved for the health and safety of the employees as result of the risk assessment conducted in accordance with the Article of this Regulation, the employer is obligated to submit the following information to the Ministry when requested by the Ministry. a) The processes and or operations in which the carcinogenic and mutagen materials are used, and the reasons to use these materials, b) The production and usage quantity of the carcinogenic and mutagen materials and preparations thereof as well as materials containing them, c) Number of the employees exposed, d) preventive measures taken, e) type of the protective tool and equipments used, f) Type and level of the exposure, g) Whether it is substituted. Unexpected exposure Article 9 - In the event of unexpected event or accident which may lead the high level of exposure for the employees: a) The employer shall notify the employees immediately, b) Until the high level of exposure is eliminated and the situation turns to normal; 1) Only the persons who shall conduct the repair and obligatory works shall be permitted to enter into the effected area. 2) The persons who shall enter the affected area shall wear protective wears and use respiration device. Each employee shall work in the affected area for a minimum time period possible, and the working shall not be conducted continuously. 3) The employees who don’t have personal protective wears and equipments shall not be permitted to work in the affected area. Foreseeable Exposure Article 10 - For the works such as repair and maintenance which may increase the exposure of the employees considerably; a) Any and all technical measures shall be taken in order to decrease the exposure. In the situation where technical measures are not sufficient, the exposure level shall be minimized by the employer for the protection of the employees, by considering the opinions of the employees and/or representatives. During the continuance of the conditions which may lead high level of exposure of the employees working in the works such as the above stated maintenance and repair works, it shall be insured that the employees are to wear personal protective wears and use personal protective equipments. Each employee shall work in the affected area for a minimum time period possible, and the working shall not be conducted continuously. b) The areas in which the above stated works are conducted shall be marked and the entrance of the unauthorized persons shall be prevented. Entrance to the Risky Areas Article 11 - The Employer shall take the required measures to insure the entrance of only the authorized persons and prevention of the entrance of unauthorized persons to the risky areas in terms of health and safety aspects in accordance with the risk assessment pursuant to the Article 5 of this regulation. Hygiene and Personal Protection Article 12 - The employer shall take the following measures for the businesses in which the contamination with carcinogenic and mutagen materials is possible: a) Smoking, drinking and eating shall be prevented in the areas in which the contamination through carcinogenic and mutagen materials is possible. b) The employees shall be given special protective wears and two locker cabinets shall be provided to them for their clothes and protective wears. c) The employees shall be provided with the suitable washing place and toilet
  • and cleaning materials, d) The protective tools and equipments shall be stored in the suitable places and suitable conditions. These tools shall be controlled and cleaned before and after each usage. The ones needing repair shall be repaired or changed. These measures shall not bring any material burden to the employees. Training Article 13 - The employee shall insure that the employees and/or their representatives are provided with required and suitable education, and the required information and instructions shall be provided to the employees mainly on the following issues: a) The risks which may affect the health and the additional risks from smoking, b) The required measures for the prevention of the exposure, c) Hygiene rules, d) Using protective materials and clothing, e) the required works including the prevention of the accidents and rescue works during accident Whenever a new risk is appeared or any changes to the risks, the training shall be renewed and they shall be repeated in certain intervals. The Employer shall provide the employees with the required information and training related to the label, warning, and danger signs on the facility and the containers containing carcinogenic and mutagen materials. Employees’ right to be informed Article 14 - The Employer shall insure the information providing to the employees on the following issues mainly: a) The employees and/or their representatives have the right to join the applications on the following matters and the observation of the application of the provisions of this Regulation in the workplace: 1) Save for the responsibility of the employer to define the effectiveness of the protective clothing and protective equipments, the wearing, election, and usage of the personal protective clothing and equipments, and the determination of their effects for health and safety issues. 2) Without any prejudice to the obligations of the employer, for the determination of the measures to be taken in the works stated in the clause (a) of the article 10 of this Regulation. b) The employees and or their representatives shall be notified as soon as possible including the works as stated in the article 10 of this Regulation. The reasons of the event, the required measures and the required actions to correct the situation shall be informed. c) The Employer shall keep the records of the updated list of the employees working in risky works for the health and safety of the employees, and the exposure status thereof. d) The list and records mentioned above in the clause “c” may be analyzed by the doctor in charge at the workplace, responsible persons for health and safety in the workplace and/or the relevant authorities. e) Each employee has right to have the personal information related to him/her. f) The employees and/or their representatives have right to have all of the information as no name. Opinion Poll and Participation of the Employees Article 15 - The Employer shall get the opinions of the employees or representatives in accordance with the article 11 on the issues as stated in this Regulation and attachments. PART THREE Miscellaneous Provisions Health Observation Article 16 - The employees shall be subject to medical examination by considering the following issues: a) The employer shall make the necessary adjustments in the workplace for the monitoring of the health conditions of the employees in the risky businesses for health and safety reasons in accordance with the risk assessment conducted in accordance with the article 5 of this Regulation.
  • b) The health monitoring shall be continued with certain intervals before and after the exposure. The workplace shall be adjusted in order to take the personal and occupational hygiene measures immediately. c) In the event of seeing a medical condition suspicion for the exposure to the carcinogenic and mutagen materials to any of the employees, the other persons subjected to the same exposure shall be monitored in the same manner. In this sense, risk assessments shall be re-conducted to determine the exposure risk. d) Personal health record system shall be maintained related to the health monitoring of the employees. The workplace doctor shall make the necessary advices for the preventive measures for each of the employees. e) The employees shall be provided with the information about the health monitoring to be conducted after the exposure. f) The employee or the employer may request the re-assessment of the health monitoring results. The employees have right to obtain the information related to the health monitoring results for them. g) The issues which should be considered related to the health monitoring of the employees are provided in the Annex-II. h) The occupational diseases due to the exposure to the carcinogenic and mutagen materials shall be notified to the Ministry. Storing of the records Article 17 - The records as stated in the clause “d” of the article 16 and the clause “c” of the article 14 of this Regulation shall be stored for at least forty years from the end of the termination of the exposure In the event of end of the operation in the workplace, the employer is obligated to submit such records to the Ministry. Limit Values Article 18 - The limit values in the carcinogenic and mutagen materials are provided in the Annex III. PART FOUR Final provisions The Relevant European legislation Article 19 - This Regulation has been prepared on the basis of the European Directives with nr 90/394/EC on 28/6/1990, nr 97/42/EC on 27/6/1997, and 1999/38/EC on 29/4/1999. Effectiveness Article 20 – This Regulation becomes effective on the date of issuance. Execution Article 21 - The provisions of this Regulation is executed by the Minister of the Labour and Social Security ANNEX - I The materials and the processes referenced in the sub clause “2” of the clause “a” of the article 4 of this Regulation are: 1. Production of Ureamin. 2. Works leading to the exposure to Coal smut, coal tar, and polycyclic hydrocarbons 3. Works leading to the exposure to the dust, smoke, and mists revealed during the copper-nickel ore burning and electro purification processes 4. Production of isopropyl alcohol through strong acid process. 5. Works leading hard wood dust. ANNX - II The matters which should be considered in the health monitoring of the employees: 1. The doctors and other health officers working on the monitoring of the health conditions of those who are exposed to the carcinogenic and mutagen materials shall know the exposure conditions 2. The monitoring of the employees’ health status shall be conducted in accordance with the workplace medicine principle and applications. The monitoring of the health status of the employees shall be conducted on the
  • basis of the followings: a) The storing of the records related to the occupational and medical histories of the employees b) The personal interviews with the employees c) Biological controls when possible to conduct earlier diagnosis and treatment, d) For each employee for whom the health monitoring is conducted, the most advanced tests shall be applied in accordance with the knowledge in the workplace medicine. ANNEX - III OCCUPATIONAL EXPOSURE LIMIT VALUES ------------------------------------------------------------------------ |Name of |EINECS |CAS |Limit Values | Description | |the material|(1) |(2) |----------------------| | |mg/m3 (3) |ppm (4) | | | | | |------------|----------|-----------|-----------|----------|-----------| |3.25 (5) | 1 (5) Skin(6) |Benzene |200-753-7 |71-43-2 | | |------------|----------|-----------|-----------|----------|-----------| |Vinyl chloride| | | | | --------- | |7.77 (5) | 3 (5) |monomer |200-831 |75-01-4 | | |------------|----------|-----------|-----------|----------|-----------| |Hard wood | | | | | | | -------- | -------- |5.0 (5)(7) |Dusts | -------- | --------- | |------------|----------|-----------|-----------|----------|-----------| (1) EINECS : European inventory for present chemicals. (2) CAS : Chemical Abstract Service Number (3) mg/m3 : milligram amount of the material in one cubic meter of the air (@20 ºC temperature and 760 mm Hg pressure) (4) ppm : volume (mililiter /cubic meter) (5) The value calculated or measured in accordance with the eight hours reference time (6) The situations of the exposure through skin (7) If the hard wood dust is mixed with the other wood dusts, this value applies for all of them. ----------o----------