The Occupational Health and Safety Law No. 6331, Articles 6 and 7, Have Come Into Effect for All Workplaces

Articles 6 and 7 of the Occupational Health and Safety Law No. 6331 (Law) will enter into force 31.12.2024, for public institutions and workplaces with fewer than 50 employees and classified as low-risk.

As of 01.01.2025, such workplaces will be subject to the obligation to appoint an occupational health physician and an occupational safety specialist in addition to their current obligations, such as conducting risk assessments, providing occupational health and safety training to employees, monitoring and rectifying deficiencies in the occupational health and safety measures implemented in the workplace.

The obligation to assign an occupational health physician and an occupational safety specialist may be fulfilled through one of the following methods: (i) directly employing the required personnel or (ii) obtaining services from Occupational Health and Safety Units (OSGB) or Employee Health Centers (ÇASMER). Furthermore, employers or their representatives in workplaces with fewer than 50 employees classified as low-risk may carry out occupational health and safety services, provided they complete the training mandated by the Ministry of Labor and Social Security (Ministry), excluding pre-employment and periodic medical examinations and tests.

By Article 6 of the Law, employers must also adhere to the following additional obligations:

• The provision of necessary tools, equipment, facilities, and time to enable the occupational safety specialist and workplace physician to perform their duties effectively.
• Ensuring collaboration and coordination among those responsible for workplace occupational health and safety services.
• Measures that comply with the applicable legislation and are communicated in writing by these individuals must be duly implemented.
• Informing the occupational safety specialist, workplace physician, and any employees from other workplaces and their employers about any matters that are known or likely to impact employee health and safety.

Finally, under Article 7 of the Law, should the conditions outlined therein be met, the Ministry may extend support to workplaces with between 10 and 50 employees classified as low-risk to enable them to fulfill their occupational health and safety obligations. However, the President may, extend this support to workplaces with fewer than 10 employees within the low-risk category. It is important to note that such support will not be extended to public institutions and organizations.