With the Regulation on Occupational Hygiene Measurement, Testing and Analysis ("Regulation") published in the Official Gazette dated 27.01.2023, the former Regulation on Occupational Hygiene Measurement, Testing and Analysis ("Former Regulation") published on 24.01.2017 has been repealed and additional obligations have been introduced for employers under the Regulation.

Although the Regulation introduces a number of amendments to the previous version, in this newsletter, we will focus only on the amendments concerning employers and the new and important obligations imposed on employers. These are as follows:

  • With the addition made to 2nd paragraph of Article 5 of the Regulation, which provides that in cases where the employer must repeat the occupational hygiene measurements, tests and analysis, it is regulated that the employer must repeat the occupational hygiene measurements, tests and analysis in order to evaluate the effectiveness of the control measures taken, in addition to the previous cases.
  • The Regulation also states that the results of occupational hygiene measurements, tests and analysis performed by laboratories that do not have a certificate of qualification or pre-qualification, are invalid.
  • As per the former Regulation, the employer was required to appoint a person who is experienced in the conduct of the work to accompany the laboratory personnel during their activities at the workplace. However, the amendment requires the employer to appoint an occupational safety specialist and/or occupational physician, or in their absence, employees who are experienced in the conduct of the work to accompany the laboratory personnel during preliminary examinations and measurements.
  • An entirely new article has been added to the Regulation titled "Evaluation of the results" and additional obligations have been introduced to employers. Aforementioned Article 6 is as follows:
    • "Evaluation of the results
    • ARTICLE 6- (1) The employer evaluates the compliance of the results provided in the occupational hygiene measurement, test and analysis reports with the legislation and, in the absence of legislation, with the limit values published by national or international organizations. As a result of this evaluation, the employer decides whether additional measures need to be taken to reduce exposure, taking into account the physiological status of employees. In making this decision, it is necessary to obtain the written opinions of the occupational health and safety committee, and if not existent, the written opinions of the occupational physician and occupational safety specialist."
  • Article 14 on "Rules for Laboratories" added to the Regulation provides that laboratories must prepare a preliminary inspection report by observing certain issues at the workplace before the measurement. Article further states that this report shall specify the points to be measured and the number of measurements, and that the ultimate responsibility for determining the measurement points and numbers, rests with the employer.
  • Another amendment to the Regulation with respect to employers is the following addition to Article 16 titled "Sampling and measurement":
    • "In the workplace where the measurement is carried out; the employer, employees or laboratory personnel shall not manipulate the measurement in a way to affect the measurement results, such as stopping, slowing down or accelerating the work done."

Paragraph 2 of Article 13 regarding the training of laboratory personnel will enter into force on 01.01.2026 while all other articles of the Regulation entered into force on the date of publication.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.