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OCCUPATIONAL HEALTH
AND SAFETY LAW

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WORKING LIFE

individual features social environment

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HISTORY OF OHS IN OUR COUNTRY

• 1865 - Regulation

• 1869 - Maadin Regulation: -more advanced and comprehensive

-the employer has been obliged to provide occupational security and
to pay compensation after the accident.
• 1936 Labor Law, 1967 Labor Law
• 1971: 1475 Labor Law (contained detailed provisions on OHS)
• 2003: 4857 Labor Law (included 13 articles on OHS)
• 30.06.2012 6331 OCCUPATIONAL HEALTH AND SAFETY LAW
(With this Law in the field of OHS, 13 articles on OHS in 4857 Labor Law
were abolished. With this Law, many regulations have been introduced
including the subject of these 13 articles.)

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6331 OCCUPATIONAL HEALTH AND SAFETY LAW

Object of this law is to;

regulate duties, authority, responsibility, rights
and obligations of employers and
workers in order to
ÿensure occupational health and safety at
workplaces and
ÿto improve existing health and safety conditions.

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6331 OCCUPATIONAL HEALTH AND SAFETY LAW

In order to implement this Law, regulations have been

issued on certain issues. Some of these
are; • Noise
• Vibration
• Training of
Workers • Protection from explosive
atmospheres •
Manual handling
• Work
equipment • Work hygiene •
Emergency situations at workplace • Risk assessment

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There are other laws and regulations concerning

Occupational Health and Safety. Some of these;
• Procedures and Principles for the Employment of Child and Young Workers
Regulation on Labor Law Act No. 4857
•Regulation on Determination of the Ratio of Loss of
Working Power and Earning Power in the Profession
(Social Insurance and General Health Insurance Law, Act No. 5510
•First Aid Regulation (Basic Law on Health Services)

•Regulation on Fire Protection of Buildings (Civil Defense

Law, Law on the Organization and Duties of the Ministry
of Internal Affairs…….)

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6331 OCCUPATIONAL HEALTH AND SAFETY LAW

SCOPE EXCEPTIONS

This Law shall apply to • Activities of the Turkish Armed Forces, the police and the
all works and Undersecretary of National Intelligence Organization except for those
workplaces in both employed in workplaces such as factories, maintenance centres,
public and private sewing workshops and the like.
sector, employers of Example; It is applied to the military machinery factory and does
these workplaces and Do not apply to the exercise activities of the armed forces.
their representatives, • Intervention activities of disaster and emergency units.
all workers including Example; It is not applicable to the work of the search and rescue team.
apprentices and interns
• Domestic services.
REGARDLESS OF
THEIR FIELD OF Example; it is not apply to the cleaner coming to the house.
ACTIVITY. • Persons producing goods and services in their own name and on their
own account without employing workers.
Example; it is not apply to shoe repairer if he does not have any
worker but even if there is an employee.

• Prison workshop, training, security and vocational course activities within

the framework of improvements carried out throughout the enforcement
services for convicts and inmates.
Example; It is not applied to employees in the furniture workshop of
Kÿrÿehir Open Penitentiary Institution. 7
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6331 OCCUPATIONAL HEALTH AND SAFETY LAW

General responsibility of the
employer ÿ(1) The employer shall have a duty to ensure the safety
and health of workers. In
this respect; a) take the all measures necessary for the
safety and health protection of workers, including prevention of
occupational risks and provision of information and
training, as well as provision of the necessary organization
and means and shall ensure that these measures are adjusted
taking account of changing
circumstances and aim to improve existing situations. b)
monitor and check whether occupational health and safety
measures that have been taken in the workplace
are followed and ensure that nonconforming situations are eliminated

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General responsibility of the employer

ç) take into consideration the worker's capabilities as
regards health and safety where he entrusts tasks
to a worker; d) take appropriate measures to ensure that
workers other than those who have received adequate
information and instructions are denied access to areas
where there is life-threatening and special hazard.

Employer: But I'm employing occupational safety specialists,

and I'm paying her for it. This imprudence in the workplace
is not my responsibility. HE CAN NOT SAY!!!Because;
ÿ(2) In case an employer enlists competent external services
or persons, this shall not discharge him from his
responsibilities in this area.

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General responsibility of the employer

Employer: I'm installing this machine protector, every time
the employees take it out, I don't install it anymore. HE
CAN NOT SAY!!!Because;
ÿ(3) The workers' obligations in the field of safety and health
at work shall not affect the principle of the responsibility of
the employer.
It must ensure that the protector of the machine is
permanently attached. What can he do? It can encourage
employees to not remove the protector of the machine by
methods such as award-punishment.
Employer: This month I renewed your boots and work shoes.
I will give you missing salary. HE CAN NOT SAY!!!Because;
ÿ(4) Measures related to health and safety at work may in no
circumstances involve the workers in financial cost.

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Principles of protection from risks

The employer shall fulfill these responsibilities on the basis
of the following
principles: a)
avoiding risks. b) evaluating the risks which
cannot be avoided. c)
combating the risks at source. d) adapting the work to the
individual, especially as regards the design of work places, the
choice of work equipment and the choice of work and production me
avoiding or minimizing if cannot be avoided, the adverse
effects of monotonous work and work at a predetermined work-
rate on health and safety

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Principles of protection from

risks e) adapting to technical
progress. f) replacing the dangerous by the non-
dangerous or the less dangerous
g) developing a coherent overall prevention policy which
covers technology, organization of work, working
conditions, social relationships and the influence of factors
related to the working environment
h) giving collective protective measures priority over
individual
protective measures i) giving appropriate instructions to the workers

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Hazard Class
ÿThere is a Circular (Communiqué) on the determination of the
hazard class of the workplace.
ÿ'Hazard class' is a workplace-related term not related-work.
LESS HAZARDOUS HAZARDOUS VERY HAZARDOUS
ÿThe hazard class for enterprises shall be assigned based on the
main activities conducted.
ÿIf there are more than one major work in the workplace, the work
with the highest hazard class is considered.
ÿThe employer's obligations vary according to the hazard class.
(Renewal period of the risk assessment document, document class
and working time of the Occupational Safety Specialist, etc.)

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Occupational health and safety services In

order to provide occupational health and safety
services the employer shall
ÿDesignate workers as,
•Occupational safety specialist
• Occupational physician
•Other health staff(>=10 workers, very hazardous
workplace)
•In case there is a lack of personnel in the
undertaking competent enough to be designated,
the employer shall enlist a Joint Health And Safety
Unit to partially or fully provide these services.
•

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Occupational health and safety services

• Provided that the employer has the required
qualifications and documents, these services can
be offered by the employer considering the hazard
class and the number of workers.
•Not having the required qualifications but having less
than 50 employees and in the less dangerous class
employers or employers' representatives who
have completed the trainings announced by the Ministry can
occupational health and safety services with the
exception of periodic examinations and examinations

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Occupational health and safety

services ÿThe employer shall implement
measures related to occupational health and safety
and that are in accordance with the legislation
and notified in writing by the designated persons or organ

ÿIt is not obligatory to hire other health care staff in

enterprises where there is a full time occupational
physician

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Occupational health and safety services

Occupational safety
specialist: ÿInspectors, in the Ministry and
related institutions, who supervise the working life
ÿGraduates of faculties providing engineering
or architectural education
ÿTechnician (any person with the title of
technical instructor, physicist and chemist
as well as any graduate of an occupational
health and safety program at universities)
who are authorized by the Ministry and who
have occupational safety expertise certificate;

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Occupational physician: Any physician (physician) who is

authorized by the Ministry to work in the field of
occupational health and safety and who has
occupational medicine certificate; Other health staff: Persons
who have a certificate of nurse, medical officer, emergency
medical technician and environmental health technician
certified by the Ministry and who have a workplace nursing certificat
Joint health and safety unit: Any unit which is established by
public institutions and organizations, organized industrial
zones and companies operating under the Turkish Code of
Commerce in order to provide occupational health and safety
services to workplaces, with required equipment and personnel
and which is authorized by the Ministry;

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ÿOccupational physicians and occupational safety

specialists shall inform the employer in writing of
the main occupational health and safety measures
required to be taken in the undertaking
or enterprise. ÿThe employer is responsible for the
correction of failing and trouble, carry out measures.

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In order to be able to be designated as an

occupational safety specialist,
one shall obtain class (A) certification to be
considered as qualified enough to work in
enterprises classified as very hazardous
at least class (B) certification to work in enterprises
classified as hazardous
at least class (C) certification to be hired in less
hazardous enterprises.

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Workers' representative: any worker authorized

to represent workers in matters such as
participating in occupational health and safety
related activities, monitoring these activities,
requesting measures, making propositions and the like;
ÿIt is determined by the election through employees.
If he/she can't be determined by the election, he/she
is assigned by the employer.
ÿWorkers' representatives shall have the right to ask
the employer to take appropriate measures and to
submit proposals to him to that end to mitigate
hazards for workers and/or to remove sources of danger.

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Support
staff: any person with appropriate
equipment and sufficient training who
is specifically put in charge of issues
related to occupational health and
safety such as prevention, protection,
evacuation, firefighting, first-aid besides their main du

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Risk assessment:
Team:
a) Employer or Employer's representatives
b) Occupational safety specialist and Occupational
physician
c) Workers' representatives
d) Support
staff e) Workers who are identified in the
workplace to represent all the units at
work and who are knowledgeable about current
or potential hazards and risks.

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Renewing of Risk Assessment

Class of Hazard Renewing time (min)

workplace
Very Hazardous 2 years
Hazardous 4 years
Less Hazardous 6 years

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Renewing of Risk Assessment

The risk assessment is fully or partially renewed, taking
into account the fact that new risks that may
arise in the following cases affect all or part of the work
a) Movement of the workplace or changes in buildings.
b) Changes in the technology, materials and
equipment used in the workplace.
c) Changes in production method.

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Renewing of Risk Assessment

d) Occupational accident and disease or near-miss
event occurrence
e) There is a legislative change regarding the
limit values of the working environment.
f) If required due to the work environment
measurement and health surveillance results.
g) The emergence of a new hazard arising out
of the workplace and affecting the workplace.

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Emergency plans, fire-fighting and first aid

The employer shall;

ÿassess the foreseeable emergency situations which could arise

and identify those that might possibly and potentially affect
workers and work environment taking into account the work
environment, substances used, equipment and environmental
conditions present in the workplace and take measures to
prevent and limit adverse effects of emergency situations.

ÿconduct measurement and assessments to afford protection

against adverse effects of emergency situations and prepare
EMERGENCY PLANS.

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Support staff for emergency

Subject of staff Hazard Class Nude. of support stuff
(min)
search, rescue and Very hazardous Up to 30 employees: 1
evacuation Hazardous Up to 40 employees: 1
Less Hazardous Up to 50 employees: 1
fire fighting Very hazardous Up to 30 employees: 1
Hazardous Up to 40 employees: 1
Less Hazardous Up to 50 employees: 1
Depending on the hazard class, one more support staff is assigned for up to 30,
40 and 50 employees.
first aid Very hazardous Up to 10 employees: 1
Hazardous Up to 15 employees: 1
Less Hazardous For 20 employees: 1

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evacuation
(1) In the event of serious, imminent and unavoidable danger,
the employer shall:
a) take action and give instructions to enable workers to
stop work and/or immediately leave the work place
and proceed to a place of
safety. b) for as long as the situation remains
unchanged and unless there is a strict necessity; not ask
workers, except for those who are adequately equipped and
specially assigned to do so, to resume work.
(2) The employer shall ensure that all workers are able, in
the event of serious and imminent danger to their own safety
and/or that of other persons, and where the immediate
superior responsible cannot be contacted, to take the
appropriate steps in the light of their knowledge and the
technical means at their disposal, to avoid the consequences
of such danger. Their actions shall not place them at
any disadvantage, unless they acted carelessly or there was neglige
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Right to Abstain from Work

• Workers exposed to serious and imminent danger shall
file an application to the committee or the employer in the
absence of such a committee requesting an identification
of the present hazard and measures for emergency
intervention. The committee shall convene without delay
and the employer shall make a decision immediately.
• In the event that the committee or the employer
takes a decision that is supportive of the request made by
the worker, the worker may abstain from work until
necessary measures are put into practice. The worker
shall be entitled to payment during this period.
• In the event of serious, imminent and unavoidable danger;
this procedure is not complied and employees' rights
cannot be restricted due to these actions.

OHS401; 2018-19 Fall Semester;

Engineering Faculty of Gazi University

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Recording and Notification of Occupational Accidents

1) The employer shall notify the Social Security Institution within

three working days of the date of the accident.
2) Occupational accidents referred to health care providers shall
be notified to the Social Security Institution within ten
days at most.

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Recording and Notification of Occupational Diseases

1) Occupational physicians or health care providers shall

refer workers who have been pre-diagnosed with an
occupational disease to health care providers
authorized by the Social Security Institution.
2) Authorized health care providers shall notify the Social
Security Institution of the occupational diseases within
ten days at most.
3) The employer shall notify the Social Security
InstitutionWithin three work days after receiving
the notification of an occupational disease from
health care providers or occupational physicians.

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Health Surveillance
The employer shall; ensure that the health examinations
of workers are required under the following situations:
1) Pre-assignment.
2) Job change after the assignment.
3) In case of return to work following repetitive absence
from work due to occupational accidents, occupational
diseases or health problems upon request.
4) At regular intervals recommended by the Ministry in
the course of employment taking into account the
workers, the nature of work and hazard class of the enterprise.

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Health Surveillance

Workers to be employed in enterprises classified

as hazardous and very hazardous shall receive a
medical report before employment.

OHS401; 2018-19 Fall Semester;

Engineering Faculty of Gazi University

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Training of Workers
The employer shall ensure that each worker receives
safety and health training.
Hazard Class Period (at least)
very hazardous once a year
hazardous twice a year
less hazardous three times a year

ÿThis training shall be provided on recruitment, in the

event of a transfer or a change of job, in the event of a
change in equipment or introduction of any new
technology
ÿThe training shall be adapted to take account of new or
changed risks and repeated periodically
OHS401; 2018-19 Fall Semester; if necessary.
Engineering Faculty of Gazi University

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Occupational Health and Safety Committee

• The employer shall set up an Occupational Health And
Safety Committee in enterprises where a
minimum of fifty employees are employed and permanent
work is performed for more than six months.

• Employers are under the obligation to enforce the

decisions of the occupational health and safety
committees taken in accordance with the legislation on
occupational health and safety.

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Members of Occupational Health and Safety Committee

a) Employer or Employer's
representatives b) Occupational
safety specialist c) and
Occupational physician d) A person in charge of
human resources, personnel, social affairs or administrative a
d) civil defense expert (In case he/she is
present) e) formen, or craftsman(In case he/
she is present) f) Workers' representative (if there
are more than one: chief representative)

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Inspection
The monitoring and inspection with regards to
the implementation of this Law is carried out by the labor
inspectors of the Ministry authorized to carry
out occupational health and safety inspections.

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Cease of operations
• In case of any situation found dangerous to workers' life in
the premises, working methods or equipment, operations
shall be stopped in the premises or any part of it, taking into accoun
the nature of the hazard and the part of the premises and
the workers to be affected by the hazard, until such
hazard is eliminated.
• In addition, at the workplaces classified as very
hazardous, mining, metal and construction workplaces,
workplaces where hazardous chemicals are used and
the workplaces where serious industrial accidents may take
place, the operations shall be stopped in case of a lack of risk asse

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