Assessment of Conceptual Consensus in Occupational Health and Safety in Turkey

Abstract

Conceptual consistency in occupational health and safety legislation is not only important in terms of its clarity but also in terms of its effectiveness in preventive systems, uniformity in application, and legal predictability. The purpose of this study is to critically evaluate the conceptual framework of Law No. 6331 on Occupational Health and Safety, which is the basic legal framework in the field of occupational health and safety in Türkiye, in line with international standards and main reference documents. In this sense, a comparative law approach and an interdisciplinary synthesis method are combined in the research process. The results of the analysis indicate that while there is a conceptual consistency in occupational health and safety legislation in Türkiye in line with international standards in terms of its preventive approach, there are some concepts to be revised in line with the new risk management approach, the difference between hazard and risk, and the hierarchy of prevention. It has been concluded that the concepts of "prevention of occupational risks," "risk avoidance," "fighting risks at their source," and "replacement of the hazardous with the less hazardous" need to be revised in terms of their conceptual framework in line with the terminological sensitivities of the new standards. The originality of this study lies in the fact that the areas to be revised in the conceptual framework are brought to the forefront by not only analyzing the occupational health and safety legislation in Türkiye at the legislative text level but also in terms of its risk ontology and prevention approach. As a result, the enhancement of conceptual consistency in occupational health and safety not only strengthens the effectiveness of occupational health and safety practices but also provides a holistic approach to safety management by eliminating possible ambiguities in the application of occupational health and safety legislation.

Keywords

• Occupational Health and Safety
• Law No. 6331
• Conceptual Alignment
• International Standards
• Risk Management

Türkiye’de İş Sağlığı ve Güvenliği Alanında Kavramsal Uyumun Değerlendirilmesi

Abstract

Conceptual consistency in occupational health and safety legislation is not only important in terms of its clarity but also in terms of its effectiveness in preventive systems, uniformity in application, and legal predictability. The purpose of this study is to critically evaluate the conceptual framework of Law No. 6331 on Occupational Health and Safety, which is the basic legal framework in the field of occupational health and safety in Türkiye, in line with international standards and main reference documents. In this sense, a comparative law approach and an interdisciplinary synthesis method are combined in the research process. The results of the analysis indicate that while there is a conceptual consistency in occupational health and safety legislation in Türkiye in line with international standards in terms of its preventive approach, there are some concepts to be revised in line with the new risk management approach, the difference between hazard and risk, and the hierarchy of prevention. It has been concluded that the concepts of "prevention of occupational risks," "risk avoidance," "fighting risks at their source," and "replacement of the hazardous with the less hazardous" need to be revised in terms of their conceptual framework in line with the terminological sensitivities of the new standards. The originality of this study lies in the fact that the areas to be revised in the conceptual framework are brought to the forefront by not only analyzing the occupational health and safety legislation in Türkiye at the legislative text level but also in terms of its risk ontology and prevention approach. As a result, the enhancement of conceptual consistency in occupational health and safety not only strengthens the effectiveness of occupational health and safety practices but also provides a holistic approach to safety management by eliminating possible ambiguities in the application of occupational health and safety legislation.

Keywords

• İş Sağlığı ve Güvenliği
• 6331 Sayılı Kanun
• Kavramsal Uyum
• Uluslararası Standartlar
• Risk Yönetimi

References

1. Yayımlanmış Eserler