Covid-19 Not Considered 'Occupational Disease,' Union Requests Cancellation of Circular

Photo: AA

Click to read the article in Turkish

The Confederation of Progressive Trade Unions of Turkey (DİSK) has requested the Social Security Institution (SGK) to cancel a circular that classified Covid-19 as a "disease" rather than an "occupational disease/workplace accident."

The circular was against the Social Security and Universal Health Insurance Law No. 5510 and the Law on Occupational Health and Safety No. 6331, the DİSK said in a letter to the SGK.

The SGK's circular dated May 8 states that healthcare provisions for the insured who are exposed to the Covid-19 outbreak should be for "disease," citing the definition of sickness in Article 15 of the Law No. 5510:

Sicknesses of the insurance holder under items (a) and (b) of paragraph one of Article 4, other than work accident or occupational disease and which causes the incapacity to work in the individual are sickness statuses.

The DİSK mentioned the following provisions of the relevant laws:

• In the Law No. 5510, work accident is defined as "an incident that occurs during insurance holder's going to or coming from the place where the work is carried out, on a vehicle provided by the employer, and which causes, immediate or delayed, physical or mental handicap in the insurance holder."
• In the Law No. 6331, a work accident is defined as "any occurrence taking place at the workplace or due to the performance of work which leads to death or physical or mental impairment to the physical integrity of the victim."
• According to Law No. 5510, an occupational disease is "states of bodily or spiritual disability that the insurance holder suffers due to the nature of the job he/she works or performs or due to the conditions of execution of the job.

Circular is "not in line wth the legislation"

DİSK also stated that due to the postulate that "the Covid-19 disease cannot be considered an occupational disease," SGK will not be able to carry out relevant investigations objectively. It added that the SGK is obliged to carry out such investigations upon applications and complaints by insurance holders and rights holders.

The SGK's "binding determinations that would turn into orders" and "inferences far from objective criteria" are also not in line with the legislation, the DİSK further stated.

According to the Health and Safety Labor Watch, at least 128 workers died of Covid-19 in the first two months of the epidemic in Turkey. Pointing out the lack of precautions in workplaces, the report had said, "Production continues, occupational homicides caused by Covid-19 increase." (HA/VK)