With the amendments to the Occupational Health and Safety Law No. 6331 (“Law”), new obligations for public institutions and workplaces with fewer than 50 employees and classified as less hazardous workplaces entered into force as of 31 December 2024. Employers must take the necessary actions without delay for this regulation, which has been postponed in previous years.
What are the New Obligations of Employers for Workplaces with Less than 50 Employees and Less Hazardous Workplaces?
In addition to the current obligations that employers already have to fulfill under Articles 4and 5 of the Law;
- It is mandatory to employ occupational safety specialists, workplace doctor and in certain cases other health personnel.
- These services may be provided through Joint Health and Safety Units or Employee Health Centers, or part-time specialists and physicians may be employed.
- It is possible for the employer or employer representatives to provide occupational health and safety services, except for the recruitment and periodic examinations, provided that they complete the trainings announced by the Ministry of Labor and Social Security (“Ministry”).
- The employer is obliged to meet the needs of those who carry out occupational health and safety services in terms of tools, equipment and facilities.
- Employers must ensure the coordination of Occupational Health and Safety services, risk assessment and informing employees on health and safety issues are required.
- Public institutions will be able to procure occupational health and safety services from the revolving fund organizations of the Ministry of Health or within the framework of the Public Procurement Law.
Ministry Support and Exemptions
Pursuant to Article 7 of the Law, workplaces with fewer than 10 employees that are classified as very hazardous or hazardous will be eligible for the support provided by the Ministry of Labor and Social Security. With the Presidential decision, less hazardous workplaces with less than 10 employees can also benefit from the support, but public institutions and organizations will not be able to benefit from this support.
In order to benefit from the Ministry's support, employers should keep their Social Security Institution records regularly and comply with the procedures and principles of the supports provided. In the controls and audits to be carried out within this scope; the payments made until the date of determination will be collected by the Social Security Institution together with the legal interest from the employers who has not notified the insurance of the employes they employ, and employers in this situation will not be able to benefit from the support provided for three years.
Sanctions in Case of Non-Compliance
Pursuant to Article 26 of the Law, workplaces that fail to fulfill their obligations will face significant administrative fines:
Violation | Workplaces with Less than 10 Employees | Workplaces with 10-49 Employees | Workplaces with 50+ Employees |
Failure to appoint an occupational safety specialist [1] | TRY 88.663 | TRY 88.663 | TRY 132.994 |
Failure to appoint a workplace doctor [2] | TRY 88.663 | TRY 88.663 | TRY 132.994 |
Failure to provide necessary tools and equipment | TRY 26.557 | TRY 26.557 | TRY 39.835 |
Failure to provide coordination among Occupational Health and Safety services personnel | TRY 26.557 | TRY 26.557 | TRY 39.835 |
Failure to fulfill the measures stipulated by the legislation [3] | TRY 17.686 | TRY 17.686 | TRY 26.529 |
Failure to inform employees on Occupational Health and Safety risks | TRY 26.557 | TRY 26.557 | TRY 39.835 |
Employers are obliged to provide their employees with 8 hours of Occupational Health and Safety training every 3 years, conduct risk assessments and prepare emergency plans. In addition to these obligations, as of 01 January 2025, the obligation to have an occupational safety specialist and a workplace doctor has been introduced.
You can access the full text of the Occupational Health and Safety Law Numbered 6331 (in Turkish) here.
You can access the list of “List of Administrative Fines to be imposed in 2025 according to the Occupational Health and Safety Law No. 6331” published by the General Directorate of Occupational Health and Safety of the Ministry of Labor and Social Security (in Turkish) here.
[1] Each month in case of continued violation
[2] Each month in case of continued violation
[3] Separately for each measure
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