Social Policy and Labour Law Journal
Social Policy and Labour Law Journal
Nowadays, the only expectation from employers is to do what is necessary in the way it should be done. However, it is likely that unfair employers who manipulate the system and disregard employees’ rights will face legal and moral sanctions. For this reason, the rules of working life are not left to the discretion of employers. Instead, the presence of social partners, known as “social dialogue,” helps establish a balance of power, ensuring that each social party gains rights and benefits. Social dialogue manifests itself through a structure often referred to as a three-legged framework.
Although there are many definitions in the literature, social dialogue is generally described as a tripartite structure that encompasses all negotiations, discussions, and exchanges of ideas and information carried out by the parties in line with their common interests and concerns regarding economic and social policies. The social components of this system consist of workers, employers, and the government (Ören & Çevik, 2022, p.2).
While setting the rules of working life is crucial to prevent the violation of rights, it is also understood that these rules will not be followed by everyone without exception. If there were no doubt about universal compliance with rules, there would be no need for legal systems or regulations. Therefore, in order to determine whether the rules are being followed, inspection (audit) activities in working life become essential. Although workplace inspections are primarily conducted to protect employees, they also serve to safeguard other individuals who may be present in environments where a significant number of workers operate.
Inspections (audits) are conducted to ensure that various enterprises/workplaces in both the private and public sectors operate in compliance with legal regulations and national/international standards. These inspections serve as a compliance mechanism to ensure that employers and employees fulfill their responsibilities and are used as a means to align workplaces with the applicable legislation.
While inspections are conducted in many areas of working life, one of the key focus areas is occupational health and safety (OHS). These inspections are carried out by inspectors affiliated with the Guidance and Inspection Board (Regulation on Labor Inspection, 2022: Article 6). Following each inspection, a labor inspection report is prepared (Regulation on Labor Inspection, 2022: Article 12) to assess workplace compliance. An effective OHS inspection mechanism not only monitors compliance with existing legal regulations but also promotes continuous improvement and the development of a safety culture in workplaces.
Mining workplaces, which have gained attention due to mass fatalities, are among the top workplaces that need to be inspected in terms of OHS. The high-risk and highly hazardous nature of mining operations makes regulatory compliance crucial. The necessity of reducing workplace accidents and occupational diseases, increasing awareness among employers and employees, verifying the accuracy and use of personal protective equipment, evaluating emergency plans and evacuation methods, protecting workers’ rights, and ensuring dignified working conditions make inspections in mining workplaces indispensable.
In this article, the fundamental differences between inspection (audit) and supervision are first examined. Subsequently, data on mining workplaces, mining accidents, and inspections conducted in mines have been collected by analyzing the scheduled inspection reports prepared annually by the Guidance and Inspection Board since 2013, as well as the SGK Statistical Yearbooks published annually by the Social Security Institution. Additionally, the non-compliances related to OHS identified in mining workplaces within these inspection reports have been examined on a yearly basis.
The sub-problems determined for this study are:
To conduct this study, the document analysis method, a qualitative research approach, was used, and a comprehensive evaluation was made based on the descriptive research design by analyzing the reports and yearbooks.
As a result of the research, inconsistencies were found in the data within the inspection reports, and the number of inspectors was found to be insufficient. It was particularly striking that the number of inspections conducted in 2019 and 2020 was notably low. Additionally, it was determined that non-compliances in mining workplaces were not fully addressed.
As a recommendation, it is suggested that the effectiveness of inspections should be increased to ensure occupational health and safety in mining workplaces. To achieve this, inspections should be conducted more frequently, the methods used in inspections should be improved, reports should be transparently shared with accurate data, and the follow-up of inspection results should be strengthened.
