OBLIGATION FOR ALL COMPANIES REGARDING WORKPLACE SAFETY UNTIL END OF JANUARY 2025

The Occupational Health and Safety Law (the “Law”) numbered 6331 published in the Official Gazette numbered 28339 and dated 30 June 2012, entered into force as of 1 January 2013.  The Law imposes significant obligations on employers to ensure occupational health and safety services, by taking into account hazard classifications.

Under the Law, the employer is responsible for ensuring the health and safety of employees related to their work and therefore, it is a legal requirement that all workplaces must employ occupational safety specialists (in Turkish, “iş güvenliği uzmanı”) and workplace physicians (in Turkish, “işyeri hekimi”).

Kindly note that the obligation to appoint occupational safety specialists and workplace physicians in less hazardous workplaces with less than 50 employees and in public workplaces had been deferred until 31 December 2024. As a result, as of the 1 January 2025, this deferred period has ended, and the relevant arrangement has come into effect. Employers are legally obligated to provide these services.

Pursuant to the Article 5 of the Law, employers are required to appoint an occupational safety specialist and a workplace physician to provide occupational health and safety services, including the prevention of occupational risks and protection from such risks.

As from the specified date, all companies having employees regardless of the number of staff, are required to make contracts with Joint Health and Safety Unit Services Provider Units (in Turkish, “Ortak Sağlık ve Güvenlik Birimleri”) accredited by the Labor and Social Security Ministry.

Until the end of January 2025, companies must contract with such service providers and notify the Labor and Social Security Ministry through the Ministry’s online system.

Employers who would not fulfil the requirements as envisaged under the Law shall be subject to administrative fines as below.

• Employers who fail to comply with the obligation of appointing an occupational safety specialist and a workplace physician will be fined TRY 88,663 (approx. EUR 2,430) for each employee and for each month the violation continues;
• Employers who do not fulfil the obligation of providing the necessary tools, equipment, space and time to enable individuals or organizations appointed for occupational safety specialist services to fulfil their duties will be fined 26,557 (approx. EUR 730);
• Employers who fail to ensure cooperation and coordinating amongst those responsible for health and safety services in the workplace will be fined TRY 26,557 (approx. EUR 730).

It is a significant development towards safeguarding the safety and health of employees. Accordingly, employers are strongly encouraged to implement the necessary measures to ensure full legal compliance and foster a safe and secure working environment within their workplaces.

Our Law Firm remains at your disposal for any further clarifications you may need.

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