ABSTRACT

Occupational health and safety is a system and like any other system, it has an object, a policy in accordance with this object and distinctive rules of law, which ensure the implementation of its policy. The object of the Occupational Health and Safety System OHSS is to create a workplace, in which even the most careless worker could not have a chance to make or to cause any occupational accident.With the rules, supervision and sanction tools, occupational health and safety institutions aim to create the work environment preventing outputs of production and the repeated actions done during the production process from damaging health of the workers. One of the most important element of the OHSS is the legislation. In Turkey, legislation regarding occupational health and safety could have not been effective enough to achieve the object of OHSS. The legal process of determining occupational disease is especially problematic since it is a long process mostly runs arbitrarily deprived of the necessary technical and legal tools. Social Security Institution SSI Health Committee, acts with the intention to protect SSI and does not consider a disease as an occupational disease unless it is one of the limited number of disease listed on the occupational disease list. The objections to the SSI Health Committee reports are costly and take a long time. The decisions changing the decision of the Institution, on the other hand, are rare. In this article, it will be tried to show that the existence of the deadlocks, urging the boundaries of logic, in the determination of the occupational disease, taking into consideration the reports of declaratory action of the occupational disease