Quality & OHS

The Occupational Health and Safety Law No. 6331, which for the first time introduced a standalone legal framework on Occupational Health and Safety (OHS), was published on June 30, 2012.

In summary, what the Law introduces:

1. Regardless of the distinction between public and private sectors, all employees – including apprentices and interns – are covered by the Law.
2. The Law introduces a general preventive approach for workplaces, taking into account the findings identified through risk assessments. Employers, together with their employees, must continuously identify work-related hazards at every stage of work and take measures against potential risks.
3. Workplaces will be classified into hazard classes in order to ensure the effective delivery of occupational health and safety services.
4. In every workplace, an occupational safety specialist and a workplace physician, and in Very Hazardous workplaces with more than 10 employees, other healthcare personnel, will be assigned.
5. In Very Hazardous workplaces, Class A; in Hazardous workplaces, at least Class B; and in Less Hazardous workplaces, at least Class C occupational safety specialists may be assigned. (Until 31.12.2023, Class B specialists may be assigned in Very Hazardous workplaces and Class C specialists in Hazardous workplaces.)
6. OHS professionals will be authorized by the Ministry from among individuals who have received training in relevant fields and proven their competence through examinations conducted by the Ministry. If the required conditions are met, the employer may also personally undertake occupational health and safety services.
7. Although the Law prioritizes the provision of occupational health and safety services by personnel within the workplace for specified periods, these services may also be obtained from external health and safety units. Joint Health and Safety Units and Community Health Centers established by public institutions, organizations, organized industrial zones, and private companies may be authorized by the Ministry provided they have the necessary equipment and personnel.
8. For Very Hazardous and Hazardous workplaces with fewer than 10 employees (excluding public institutions), the Ministry will provide financial support for the fulfillment of occupational health and safety services. Social Security Institution records will be taken as the basis for the implementation of this support.
9. Employers are required to conduct risk assessments to identify and eliminate hazards present in the workplace or that may arise externally. These activities must include the participation of employees as well as employers and OHS professionals. Risk assessments will be periodically renewed according to the hazard class of the workplace to ensure continuous improvement. In sectors such as mining, metal, construction, work involving hazardous chemicals, and workplaces where major industrial accidents may occur, work may be suspended if no risk assessment has been conducted.
10. To determine employee sensitivities and identify risky situations, all employees will undergo health screenings. Medical examinations will be conducted upon recruitment, job changes, after work accidents or occupational diseases, and after health-related absences. In addition, periodic medical examinations will be carried out. Employees in Hazardous and Very Hazardous workplaces may not be employed without a medical report stating that they are fit for the job.
11. Work accidents and occupational diseases must be reported by the employer to the Social Security Institution within three working days after becoming known. Cases with a preliminary diagnosis of occupational disease identified by workplace physicians and healthcare personnel will be referred to healthcare providers authorized by the Social Security Institution. Healthcare institutions must report work accidents, and authorized healthcare providers must report diagnosed occupational diseases to the Social Security Institution within 10 days. Near-miss incidents occurring in the workplace must also be recorded by the employer.
12. All employers must prepare an emergency plan in advance for situations such as first aid, firefighting, evacuation, and serious and imminent danger. Training and drills involving all employees must be conducted to ensure emergency preparedness. Employers must also coordinate with external organizations for first aid, emergency medical intervention, rescue, and firefighting. Only properly equipped and specially assigned personnel may enter areas with serious and imminent danger. Other employees may not be required to continue working in such areas. If serious and imminent danger becomes unavoidable, employees must immediately stop work and evacuate.
13. A employee representative will be appointed to ensure communication between employees and employers on occupational health and safety matters. Employee representatives appointed through election or assignment may submit proposals to the employer regarding OHS-related issues.
14. Employers must inform all employees about occupational health and safety and their rights and responsibilities related to working life. Employees will receive training on new working conditions following job or workplace changes, long-term absences from work, or changes in equipment used. These trainings will be repeated at regular intervals. Employees in Hazardous and Very Hazardous workplaces must document that they have received vocational training related to their work; those without such documentation may not be employed in these jobs.
15. In workplaces with 50 or more employees where work lasts longer than six months, an Occupational Health and Safety Committee will be established. Employers are obliged to implement the committee’s decisions made in accordance with legislation. Where more than one employer operates in the same workplace, employers must inform each other about committee decisions that may affect their activities. If subcontractors are present, a committee will be formed under the coordination of the principal employer with the participation of subcontractors.
16. If an employee faces a serious and imminent danger, they may apply to the Occupational Health and Safety Committee, or to the employer where no committee exists, to request the elimination of the danger. If a decision is made in line with the employee’s request, the employee may exercise the right to refrain from working until necessary measures are taken.
17. In cases where there is more than one employer in the same workplace, employers must inform each other and employee representatives about the prevention of occupational risks and hazards. In business centers, office buildings, shopping malls, and industrial zones, coordination regarding occupational health and safety between workplaces will be ensured by management. Management will warn employers to take necessary measures against hazards that may affect other workplaces.