Turkish public institutions and workplaces which fall into the "low hazard" category, which have 49 employees or less, must now provide occupational health and safety staff. From 1 July 2016, these employers must designate staff members as occupational safety specialists and occupational physicians. The requirement already applied to low hazard workplaces with 50 or more employees, as well as to workplaces in the "hazardous" and "very hazardous" categories.
If existing employees have the necessary qualifications, these roles can be assigned to qualified employees. However, if no existing employee(s) are qualified, the employer must enlist a joint health and safety unit to partially or fully provide these services.
Failures to fulfill this requirement will be subject to an administrative fine between TRY 5,000 and TRY 10,000, separately applied on a monthly basis for each staff member who is not provided.
The change was introduced by Article 38 of the Occupational Health and Safety Law no. 6331, published in Official Gazette number 28339 on 30 June 2012. Please see this link for the full text of Law number 6331 (only available in Turkish).
Information first published in the MA | Gazette, a fortnightly legal update newsletter produced by Moroğlu Arseven.
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