The Occupational Health and Safety Law No. 6331 (“Law”), enacted in 2012, marks a significant milestone in Turkey's efforts to align its occupational health and safety framework with international standards. Under Article 6 of the Law, employers are required to either employ an occupational safety specialist and an occupational physician or obtain these services from a third party.
This obligation was previously postponed for workplaces with fewer than 50 employees that are classified as less dangerous, for a deferment period ending on 31 December 2024. As no further extensions were granted, the new occupational health and safety obligations now apply to all employers, irrespective of the number of employees or the workplace’s danger classification.
Employers may either hire an occupational health and safety specialist and an occupational physician or obtain these services from a third party. Additionally, for workplaces with fewer than 50 employees that are classified as less dangerous, employer representatives may fulfill occupational health and safety obligations, provided they complete the necessary training approved by the Ministry of Labour and Social Security (“Ministry”).
Published in the Official Gazette dated 15 January 2025, various amendments to the Law were introduced with the aim to enable workplaces with fewer than 10 employees that are classified as less dangerous to benefit from the services of Joint Health and Safety Units (abbreviated as “OSGB” in Turkish) and Employee Health Centres (abbreviated as “ÇASMER” in Turkish) at a low cost or free of charge, in order to meet the potential increase in demand for services that may arise from the critical obligations that have taken effect from 1 January 2025 onwards.
The Ministry is expected to conduct remote audits and impose administrative fines on non-compliant workplaces. For 2025, the administrative fine for breaching the obligation to employ or contract with an occupational health and safety specialist or the obligation to employ or contract with an occupational physician in less dangerous workplaces is TRY 88,663.00 per obligation.
It is crucial for employers, regardless of their workplace’s field of activity or the number of their employees, to fully comply with these requirements to avoid administrative fines.
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