Ekonomi ve Hukuk Dergisi

dergi kapak
78
-2023-

Makalenin Dili

: TR

  • İlknur Karanfil
İş Güvenliği Uzmanlığı Mesleğinin Ortaya Çıkışı ve Gelişimi: Gelişmiş Ülkelerde ve Türkiye’de İş Güvenliği Uzmanı

ÖZ

Bu makalede iş güvenliği uzmanlığı mesleğinin hangi koşullar altında ortaya çıktığı ve günümüze kadarki gelişimi incelenmektedir. Bu meslek, sanayileşme sürecinde doğan ihtiyaçlarla birlikte gelişmiş ve günümüzdeki halini almıştır. İlk olarak sanayileşmiş ülkelerde ortaya çıkan mesleğin hangi düzenlemelerle etkin hale getirildiği ortaya konulmuştur. Mesleki özerkliğin önem taşıdığı bu mesleğin çalışanların güvenliği açısından değer taşıdığı bilinmektedir. Dolayısıyla mesleğin nasıl olgunlaştığı ve hangi aşamalardan geçtiği önem taşımaktadır. Makalede farklı ülkelerde bu sürecin nasıl farklı geliştiği gösterilmek istenmiştir. Bu noktada, İngiltere, ABD ve İspanya örnekleri üzerinde durulmuştur. İngiltere ve ABD’de uzmanların kendi mesleki çabaları ve örgütlenmeleri ile gelişen bu meslek, Avrupa ülkelerinde hükümet düzenlemeleri ile şekillenmiş ve AB genelinde standart hale getirilmiştir. Mesleğin stratejik öneminin vurgulandığı bu düzenlemelerde uzmanların rol ve işlevleri belirlenmiştir. Makale hangi evrelerden geçerek ve ne tip düzenlemelerle mesleğin bugünkü halini aldığını göstermeyi amaçlamaktadır. Ardından Türkiye’de 2012 yılında kabul edilen İş Sağlığı ve Güvenliği Kanunu ile birlikte önemli bir meslek haline gelen iş güvenliği uzmanlığının gelişimi aktarılmıştır. Sonuç olarak, mesleğin Türkiye’deki düzenlemelerle şekillenen gelişimi ile diğer ülkelerdeki mevcut durumu birbiriyle kıyaslanarak değerlendirilmiştir.
Anahtar Kelimeler : iş güvenliği uzmanı, Avrupa Birliği’nde iş güvenliği, İş Güvenliği Kanunu, iş güvencesizliği, iş güvenliğinin tarihi.
Emergence and Development of the Occupational Safety Specialist Profession: Occupational Safety Professional in Developed Countries and Turkey

ABSTRACT

In this article, the conditions under which the occupational safety profession emerged and its development until today are examined. This profession has developed with the needs arising in the industrialization process and has taken its current form. It has been revealed by which regulations the profession emerged in industrialized countries and has been operated. It is known that this profession, in which autonomy is important, has value in terms of employees’ safety. Therefore, it is important how the profession matures and what stages it goes through. In the article, it is aimed to show how this process develops differently in different countries.At this point, the examples of UK, USA and Spain are emphasized. This profession, which has developed with the efforts and organizations of professionals in the UK and the USA, has been shaped by government regulations in European countries and has been standardized throughout the EU. In these regulations, where the strategic importance of the profession is emphasized, the roles and functions of professionals have been determined. The article aims to show through which phases and with what kind of arrangements the profession has taken its present form. Then, the development of occupational safety proffession, which has become an important one with the Occupational Health and Safety Law adopted in 2012 in Turkey, has been conveyed. As a result, the development of the profession shaped by the regulations in Turkey and the current situation in other countries were evaluated by comparing with each other.

Extended Summary

This article examines the circumstances of the origins of the occupational safety profession and its development to the present day. The profession took on its current form as a result of the necessities that arose as part of the process of industrialisation. In terms of the origins of the profession, the forerunners of today’s occupational safety professionals first appeared in the United Kingdom and the United States.

Insurance companies were better able to control the risks in their clients’ workplaces, to set insurance rates according to the actual risk of accidents and to reduce the risks that led to accidents, thanks to expert technical inspectors who began to work in the UK in 1899 (Hale, 1978) and the obligation to pay compensation to employers for industrial accidents in the USA. Engineers hired to make recommendations to reduce risk are considered the forerunners of the profession (American Society of Safety Engineers, 1961).

Those who remained in the profession after the Second World War established national professional associations in Australia, the Netherlands, the UK and the USA. The primary purpose of these professional associations was to conduct research to support the separation of occupational safety expertise as a profession with distinct functions and responsibilities from other professions. These professional associations have worked to identify the skills that are unique to the profession, to develop these professional skills in professionals (Hale and Harvey, 2012:2), and to design certification processes that register professional specialisation. They have also contributed to the development of national occupational health and safety regulations in their respective countries. The profession has developed independently in Anglo-Saxon countries such as the UK and the USA, where attempts have been made to accredit experts and set standards for occupational safety through professional organisations. In continental European countries (such as France, Spain, Portugal and Germany), the government regulates most of these processes (Hale and Harvey, 2012:3).

In addition to national professional organisations, international organisations have developed in the field of occupational safety. Among these, the ISSA (International Social Security Association) has been established as a global organisation that works with the World Health Organization and the International Labour Organization to hold regular conferences. The ISSA has collected data on legislation, the knowledge and skills needed in the industry, and the roles and responsibilities of occupational safety and health professionals in European countries. According to the ISSA, there is a difference between occupational safety and health professionals who only supervise and advise, and decision-makers in the field of production. The ISSA emphasised that decision-makers should refrain from assigning responsibilities to professionals and that they should only be assigned to consult and supervise (Hale, 2019: 438).

The European Network of Safety and Health Professional Organizations (ENSHPO), established in 2001, has begun to conduct research on the standardisation of the occupational safety profession in European Union countries. Its main objectives are to promote the the development of the profession, especially in the new EU member states, and the exchange of knowledge on occupational safety between countries (Hale, Harvey, 2012: 3). In this regard, it has created different types of certifications, taking into account two categories of occupational safety expertise: one at the technician level and the other at the management level, which decides/directs the overall strategy. In reality, however, there aren’t many differences between the tasks and responsibilities carried out by top-level and lower-level experts (Turner, 2014). Each country has its own requirements for obtaining a specialist certificate. France has introduced the category of internship specialist, in contrast to the Netherlands, the US and Denmark, where only graduates in social sciences, especially psychology, are eligible to become specialists. In addition, professionals in both categories must have a certain amount of work experience in order to become a specialist according to EU standards.

The National Institute for Occupational Safety and Health (NIOSH) in the USA, through its research in the field of occupational safety, sets the standards to be followed in many industries, as can be seen from the sample countries in the article. The government does not set specific requirements for safety professionals. In the UK, there are government regulations on occupational health and safety. Although the law recognises that management must obtain competent advice on occupational safety and health (Management of Health and Safety at Work Regulations, 1999: 7), the employer retains the right to appoint the individuals who will work as safety professionals. In practice, companies rely on the criteria set by the professional bodies to select the safety professionals who will implement the standards, because in the USA and the UK there are advanced professional bodies and certification examinations are organised by them. In EU member Spain, the occupational safety profession is also divided into three different levels. According to EU standards, only the senior occupational safety professional must have a bachelor’s degree because he or she is a manager. In addition, the professional’s position is described as that of a consultant, and most of the work involves providing advice and information to the responsible employer. The occupational safety and health professional has the power to stop work.

Turkey’s Dutch-inspired system allows graduates of science and engineering faculties to apply for the specialisation examination, which is held by the Ministry of Labour. Only those who obtain a certificate can be given the title of professional. Employers are required by law to provide occupational health and safety services. In particular, as in Spain, the majority of people who hold the title of specialist work for licensed companies that outsource OSH services. Although the law requires the specialist to request an emergency stop from the employer or site manager, the specialist does not have the right to stop work. If no action is taken, the specialist must also report the company to the Ministry of Labour. If he or she doesn’t do this, the law states that he or she will be suspended from the profession for failing to fulfil his or her duties.

This clause shows that, unlike in other countries, the state has a supervisory role as well as an advisory role. For the contractor, whose job security is insufficiently guaranteed by the law, the obligation to inform the state of the workplace or the client of the workplace is a challenge. As a result, this circumstance undermines professional autonomy and makes it very difficult for the professional to perform his duties.

Keywords : occupational safety professional, occupational safety in European Union, Occupational Safety Law, job insecurity, history of occupational safety.

Kaynak Göster

APA
KARANFİL, İ., & . ( 2023). İş Güvenliği Uzmanlığı Mesleğinin Ortaya Çıkışı ve Gelişimi: Gelişmiş Ülkelerde ve Türkiye’de İş Güvenliği Uzmanı. Çalışma ve Toplum, 3(78), 2253-2286. https://doi.org/10.54752/ct.1325642