Regulations

Law No. 6331 20/6/2012
PART ONE

Purpose, scope and definitions

ARTICLE 1 –

(1) The purpose of this law; To provide occupational health and safety in workplaces and to regulate the duties, powers, responsibilities, rights and obligations of employers and employees for the improvement of current health and security requirements.

Scope and exclusions

ARTICLE 2 –

(1) this law; Applies to all public and private businesses and workplaces, regardless of the activities of the employers and employers of these establishments, and to all employees, including apprentices and interns.
(2) However, the provisions of this Law do not apply to the following activities and persons:
A) The activities of the Turkish armed forces, general law enforcement and the undersecretariat of the National Intelligence Organization, except in the factory, care center, Dikimevi and similar workplaces.
b) Intervention activities of disaster and emergency units.
c) Home Services.
Ç) producing goods and services to their own NAM and account without employee employment.
d) During the execution services for Convictors and detainements, the workplace, education, security and vocational activities carried out within the scope of improvement.

Definitions

ARTICLE 3 –

(1) in the implementation of this law;
A) Ministry: Minister of Labour and Social Security,
b) Employee: The real person employed in public or private establishments, regardless of their statutes in their special laws,
c) Employee Representative: Employee who is authorized to participate in work health and safety studies, to monitor work, to request measures, to propose and to represent employees in similar subjects,
Ç) Support staff: In addition to its primary duty, the person with appropriate equipment and adequate training, which is specially commissioned for occupational health and Safety, prevention, protection, evacuation, fire fighting, first aid and similar subjects,

d) Educational institution: Occupational safety specialist, workplace physician and other health personnel to provide trainings established by the Ministry of Public institutions and institutions, universities and companies operating according to the Turkish commercial law Establishments
e) Young employee: An employee who has finished the age of fifteen but has not turned eighteen
F) Occupational Safety specialist: An engineer, architect or technical staff with a certificate of Occupational safety expertise, authorized by the Ministry to serve in the field of occupational health and safety
g) Occupational accident: The event, which caused death or body integrity in the workplace or due to the execution of the job, is a spiritual or physically self-infliction,
ğ) Employer: a real or legal person who employs employees or institutions and organizations that do not have a legal entity,
h) Workplace: In order to produce goods or services, the employee is organized together with the material and non-materialistic, and the employer has a loyalty to the goods or services produced in the workplace and organized under the same management. Organization including rest, child breastfeeding, food, sleep, bathing, inspection and care, body and vocational training places and other add-ons and tools such as the courtyard,
ı) Workplace physician: A physician with a workplace medicine certificate, authorized by the Ministry to work in the field of occupational health and safety
i) Workplace health and safety: the unit with the necessary equipment and personnel established to carry out occupational health and safety services in the workplace,
J) Council: National Occupational Health and Safety Council,
k) Board: The Board of Occupational Health and safety,
1) Occupational disease: the disease resulting from exposure to occupational risks,
m) Joint Health and safety: public institutions and organizations, organized industrial zones and companies operating according to the Turkish commercial law, the necessary equipment and personnel established to provide occupational health and safety services to the workplace and authorized by the Ministry.
N) Prevention: to eliminate or reduce the risks associated with occupational health and safety in all phases of the work carried out in the workplace, all the measures planned and taken,
O) Risk: The possibility of loss, injury or other harmful consequences arising from danger,
Ö) Risk Assessment: Determining the hazards that exist or may arise from the workplace, the factors leading to the risk of these hazards and the risks arising from hazards are analyzed by analyzing and grading the control measures The necessary work to be done,

P) Hazard: The potential for damage or damage to the workplace, which may affect the employee or the workplace, which may be present or externally,
R) Hazard class: In terms of occupational health and safety, the feature of the work is to be used in every phase of the work or for the workplace, taking into consideration the substances, business equipment, production methods and their forms, the working environment and other matters related to the conditions The specified hazard group,
s) technical staff: Technical teacher, physicist and chemist who have the title of Occupational health and Safety program graduates of the universities,
c) Workplace nurse: Nurse/health care officer who is authorized to perform nursing profession according to the Nursing Act numbered 25/2/1954 and dated 6283, and has authorized workplace nursing certificate to serve in the field of occupational health and safety Officer

(2) Employers acting on behalf of the employer, who are involved in the management of the business and the workplace, are deemed to be employers in the application of this law.
SECOND PART
Duties, powers and obligations of employers and employees

General liability of the employer

ARTICLE 4 –

(1) The employer is obliged to ensure the health and safety of the employees in this context;
A) taking all measures, including the prevention of occupational risks, training and providing information, making the organization, providing necessary tools and equipment, ensuring that health and safety measures are adapted to the changing conditions and the current situation Works for improvement.
b) monitors the occupational health and safety measures taken at the workplace and ensures that the non-compliance is observed.
c) Assess or make a Risk assessment.
Ç) considers the employee to work in terms of health and safety.
D) It takes the necessary measures to prevent employees from entering the vital and specific hazards of those other than adequate information and instructions.

(2) service from non-workplace specialists and organizations does not eliminate the employer’s responsibilities.

(3) The obligations of employees in the field of occupational health and safety do not affect the employer’s responsibilities.

(4) The employer does not reflect the cost of occupational health and safety measures to employees.

Principles of protection from risks

ARTICLE 5 – (1) The following principles are considered in the fulfillment of the obligations of the employer:
A) avoiding risks.
b) to analyze risks that are not possible to be avoided.
c) to fight at the source with risks.
Ç) The design of workplaces to make the work suitable for the people and to take care in the selection of working equipment, methods of operation and production method, especially if the uniform operation and production tempo prevent adverse effects of health and safety, can not be prevented Minimize.
D) To adapt to technical developments.
e) Replace the dangerous one with a hazard or less dangerous.
f) To develop a consistent and general prevention policy covering the effects of technology, business organization, working conditions, social relations and factors related to the working environment.
g) Prioritize collective protection measures according to personal protection measures.
ğ) to provide appropriate instructions to the employees.

Occupational Health and Safety services

ARTICLE 6 –

(1) The employer for the provision of occupational health and Safety services, which will include the work to prevent and protect the professional risks;
A) employ Occupational safety specialists, workplace physicians and other health personnel among their employees. In the absence of personnel with the qualifications identified among their employees, they can fulfill all or part of this service by serving in the common health and safety departments. However, in case of having the specified qualifications and the required document, it can undertake the fulfillment of this service, taking into consideration the number of hazard classes and employees.
b) meet all necessary needs, such as tools, facilities, space and time, to fulfill the duties of the person or institutions in which they are employed.
c) provides cooperation and coordination between the health and safety services of the workplace.
Ç) fulfills the measures in writing that comply with the legislation concerning occupational health and safety by the person or institutions to whom they serve.

D) about issues that are known or likely to affect employees ‘ health and safety; The persons or institutions to whom they serve, inform employees and their employers from their workplace to work from other establishments.

(2) Public institutions and organizations under the Public Procurement Act numbered 4/1/2002 and dated 4734; Occupational Health and safety services can be received directly from the Ministry of Health of the revolving capital, as well as under the provisions of the law numbered 4734.

(3) The establishment of a full-time workplace physician is not obligatory to employ other healthcare personnel.
Supporting occupational health and safety services

ARTICLE 7 –

(1) for the fulfillment of occupational health and Safety Services, the Ministry may provide support with the following conditions:
A) Those who have fewer employees except public institutions and organizations can benefit from the workplace which is very dangerous and dangerous in the classroom. However, the Council of Ministers may decide to take advantage of workplaces in less dangerous class than those who have fewer employees.
b) Expenses are funded by the Social Security institution by transferring funds from the premiums collected for short-term insurance branches in terms of occupational accidents and professional illness.
c) In practice, the records of the social Security institution are taken basis.
Ç) in the controls and audits made in accordance with this law and other legislation; Employers, who are determined not to be insured by the persons employed, will be charged to the Social Security institution in conjunction with the legal interest of the payments made until the date of detection, and employers in this state The
D) The Ministry is authorized to resolve any doubts arising out of the application, to direct the application and to resolve any problems that may arise.

(2) The procedures and principles related to the following subjects are determined by the regulation issued by the Ministry of Finance by taking appropriate opinion:
A) implementation of the support to be provided for the fulfillment of occupational health and safety services.
b) In consideration of the characteristics of establishments with fewer employees to be provided support; Determination of the cost of occupational health and safety services payable by the Social Security institution, the part to be supported and the way of payment.
c) Requirements for businesses that can benefit from support.
Ç) properties of organizations that will provide occupational health and safety services.

(3) To ensure the effectiveness and continuity; Ministry of Health, Ministry of Science, Industry and technology and related professional organizations can be collaborations by the Ministry.

Workplace physicians and Occupational Safety specialists

ARTICLE 8 –

(1) The rights and powers of the workplace physician and occupational safety specialists cannot be restricted because they fulfill their duties. These individuals conduct their duties within the ethical principles and professional independence required by the profession.

(2) Workplace physician and occupational safety specialists; Notify the employer in writing about the measures that should be taken regarding occupational health and safety in the workplaces where they are commissioned; In the event that the employers are not fulfilled by the employer, they inform the Ministry’s authorized unit.

(3) Service providers and workplace physicians and occupational Safety specialists are responsible for the employer they offer service to, due to their negligence in the execution of occupational health and safety services.

(4) The Certificate of authority of the workplace physician or occupational safety specialist is suspended in the occurrence of a work accident or profession that causes deterioration of the body integrity resulting in the death or disability of the employee.

(5) for the job safety specialists to receive duties; Establishments in the very dangerous classroom (A) class, at least (B) class in workplaces that are located in the hazardous class, and at workplaces that are in a low-hazardous class are required to have A minimum (C) Grade Work Safety Competency certificate. The Ministry can make special arrangements for the assignment of occupational safety specialists and workplace physicians in the sectoral field.

(6) In cases where the workplace physician and the Occupational safety specialist must be assigned full-time due to the determined working period; The employer establishes a workplace health and safety unit. In this case, the weekly working time determined according to the Labour Law numbered 22/5/2003 dated and 4857 is taken into account, provided that the provisions of the law are subject to the employees.

(7) in public institutions and organizations working according to the relevant legislation in accordance with the quality of being a workplace physician or occupational safety specialist, the staff, provided that they have the necessary document, as well as the actual work by respecting the determined working time May be commissioned in other public institutions or organizations with the consent of the parent and the supervisor of the institution or the relevant personnel. The personnel to be appointed in this manner, for each hour of duty (200), the number of the indicator number multiplied by the monthly coefficient of the employee is made by the institution that receives the additional payment. There is no deduction from this payment except stamp duty. For additional payments in this situation, assignments of more than 80 hours per month are not considered, provided that they are tied to the daily hours of work.

(8) The provisions of the legislation on full-term work in public health services are subject to the provision of workplace physicians and other healthcare personnel in the Workplace Health and Safety Unit and in the joint Health and Safety units and service Restrictive provisions of other laws shall not apply to the duties of the employees in the given workplaces.

Determination of hazard class

ARTICLE 9 – (1) Workplace hazard classes; The short-term insurance branches, which are dated 31/5/2006 and numbered 5510 according to the number 83 of the social insurances and general health insurance Law, are also taken into consideration by the relevant parties under the chairmanship of the general manager of Occupational Health and safety In accordance with the opinions of the Commission created, it is determined by the notification to be issued by the Ministry.
(2) In determining workplace hazard classes, the actual work done in that workplace is taken into consideration.

Risk assessment, control, measurement and research
ARTICLE 10 – (1) The employer is obliged to conduct or make a risk assessment in terms of occupational health and safety. When performing a Risk assessment, the following considerations are taken into consideration:
A) the status of employees who will be affected by certain risks.
b) Selection of chemicals and preparations with the work equipment to be used.
c) The order and layout of the workplace.
ç) The status of female employees with groups requiring special policy such as young, elderly, disabled, pregnant or nursing employees.
(2) The employer determines the protective equipment or equipment that should be used with occupational health and safety measures to be taken as a result of the risk assessment.
(3) Occupational health and safety measures, working patterns and production methods to be applied in the workplace; To raise the level of health and safety protection of the employees and be applicable at all levels of the administrative structuring of the workplace.
(4) The employer provides the necessary control, measurement, examination and research to determine the working environment of Occupational Health and safety and the risks that employees are exposed to in this environment.

Emergency plans, fire fighting and first aid

ARTICLE 11 – (1) employer;
A) The working environment, the substances used, the work equipment and the environment, taking into consideration the emergency situations that may occur by evaluating the employees and the work area is possible to affect and identify the possible emergency situations and negative Take preventive and restrictive measures.
b) makes the necessary measurements and assessments to protect against the adverse effects of emergencies and prepares contingency plans.
c) In order to combat emergencies, the size of the workplace and the specific hazards it carries, the nature of the work, the number of employees and the other persons in the workplace by taking into consideration; equipment, prevention, protection, evacuation, fire fighting, first aid and similar issues, and

employs a sufficient number of educated subjects, provides tools and supplies, makes training and exercises, and ensures that teams are always available.
Ç) in particular, first aid, emergency medical intervention, rescue and fire fighting, making the necessary arrangements to make contact with non-workplace organizations.