Employers in Turkey must now comply with updated regulations requiring Occupational Health and Safety (OHS) specialists and workplace physicians in small, low-risk workplaces. This change follows the enforcement of the Occupational Health and Safety Law No. 6331, which mandates health and safety measures to protect employees.
Employer Responsibilities Under the Law
According to the law, employers must ensure workplace health and safety by:
- Identifying and mitigating occupational risks.
- Providing training and safety measures.
- Ensuring workplace safety compliance through monitoring and auditing.
- Conducting or commissioning risk assessments.
- Assigning tasks based on employees’ health and safety capabilities.
- Restricting access to hazardous areas for untrained employees.
Implementation of OHS Services in Small Workplaces in Turkey
As of January 1, 2025, the postponement allowing small low-risk workplaces (with fewer than 50 employees) to delay appointing an OHS specialist and workplace physician has ended. Employers are now legally required to provide these services.
Scope of the Requirement
- Employment of OHS Specialists and Workplace Physicians: Employers must hire certified professionals for OHS services. These can be employed full-time or contracted through Joint Health and Safety Units (OSGBs).
- Employer-Assumed Responsibility: If qualified and certified, employers may undertake OHS services themselves, except for pre-employment and periodic medical assessments, which must be performed by a workplace physician.
- Training for Employers and Representatives: Employers or representatives in low-risk workplaces may assume OHS responsibilities—excluding medical exams—if they complete the Ministry of Labor and Social Security’s approved training program.
- Exclusions in Employee Count: When determining the number of employees in a workplace:
- Employees from multiple branches registered to the same employer are counted separately.
- Subcontractor employees do not contribute to the total.
- Interns and apprentices under relevant education laws are also excluded.
Health Surveillance and Medical Assessments
Employers assuming OHS responsibilities under this regulation must still obtain pre-employment and periodic medical examinations from licensed workplace physicians or public health services.
Penalties for Non-Compliance
Failure to meet OHS obligations results in substantial fines under Law No. 6331 (in Turkish):
- 88,663 TRY per month for each missing OHS specialist or workplace physician.
- 26,557 TRY for not providing necessary tools, equipment, or conditions for OHS professionals.
- 26,557 TRY for failing to ensure coordination between OHS service providers.
Compliance and Next Steps
With this regulation now in effect, employers must act promptly to meet legal obligations. Ensuring compliance will not only prevent penalties but also enhance workplace safety and employee well-being.
For further inquiries or assistance in meeting OHS requirements, feel free to contact us.
