A. INTRODUCTION
Today, occupational health and safety ("OHS") practices are not limited solely to high-risk sectors such as industry and construction, but have become a significant requirement in all workplaces. In this context, employers in office environments, including law firms, also have obligations aimed at protecting the health and safety of their employees. In particular, Law No. 6331 on Occupational Health and Safety ("OHSL" and/or "Law") imposes an obligation on workplaces to employ occupational health and safety specialists and workplace physicians, depending on the number of employees and the hazard classification. In this article, the obligation to employ OHS specialists and workplace physicians in law firms is addressed in detail.
B. LEGISLATIVE FRAMEWORK AND GENERAL OVERVIEW REGARDING THE OBLIGATION TO EMPLOY OCCUPATIONAL HEALTH AND SAFETY SPECIALISTS AND WORKPLACE PHYSICIANS
Law No. 6331 on Occupational Health and Safety was enacted with the aim of ensuring that employees work in a healthy, safe, and productive environment. The fundamental objective of this law is to protect the physical, mental, and social well-being of employees by minimizing occupational accidents and diseases, and to promote a culture of safety in the workplace. This regulation, which makes it mandatory to take preventive measures concerning occupational health and safety, imposes various obligations on employers, while also assigning to employees the responsibility to act with awareness regarding their own health and safety. In addition, the law requires that risk assessments be carried out in workplaces, emergency plans be prepared, and regular inspections be conducted, with the aim of ensuring the continuity of safe working conditions. In this context, the obligation to employ occupational health and safety specialists and workplace physicians stands out as one of the key measures designed to minimize the risks that employees may face in the workplace.
Although the OHS Law is principally applicable to all jobs and workplaces in both the public and private sectors, it also covers all employees including employers, employer representatives, apprentices, and interns working in such workplaces. However, the following are excluded from the scope of the regulation: the activities of the Turkish Armed Forces (excluding those in factories, maintenance centres, sewing workshops, and similar facilities), the general law enforcement forces, and the National Intelligence Organization; emergency response activities of disaster and emergency units; domestic services; individuals who produce goods and services on their own behalf without employing any employees; and those working in rehabilitation-oriented activities such as prison workshops, education, security, and vocational training within the scope of execution services provided to convicts and detainees.
Under Article 5 of the OHSL, the principles of protection from occupational risks are regulated, and it is stipulated that certain principles must be taken into account in the fulfilment of employers' obligations. These principles are as follows:
- Avoiding risks
- Evaluation risks that cannot be avoided.
- Combating risks at their source.
- Adapting the work to the individual particularly with regard to the design of workplaces, the selection of work equipment, working methods, and production techniques in order to mitigate monotony and adverse effects of work place on health and safety, or to minimize them if they cannot entirely eliminated.
- Adapting to technical progress.
- Replacing the dangerous with the non-dangerous or the less dangerous.
- Developing a coherent and overall prevention policy which covers technology, work organization, work conditions, social relationships, and the influence of factors related to the working environment.
- Giving priority to collective protective measures over individual protective measures.
- Providing appropriate instructions to employees.
Although the OHSL entered into force in 2013, it extended its scope to include all employees. As of 2014, it became mandatory for workplaces in the private sector classified as hazardous and very hazardous to employ workplace physicians and occupational safety specialists. Pursuant to the amendment introduced to Article 38 of the OHSL by Article 86 of Law No. 7033 on Amending Certain Laws and Decree Laws for the Purpose of Developing Industry and Supporting Production, as of 01 July 2020, it was stipulated that "all workplaces in the Less Hazardous category, both in the public and private sectors, are obliged to employ or procure services from occupational safety specialists and workplace physicians." However, the entry into force of this provision was postponed for a total of 12 years. As of 01 January 2025, the relevant provision has entered into force.
C. OBLIGATION TO EMPLOY OCCUPATIONAL HEALTH AND SAFETY SPECIALISTS AND WORKPLACE PHYSICIANS IN LAW FIRMS
Pursuant to Article 6 of the OHSL, it is mandatory for all workplaces to provide occupational health and safety services depending on the number of employees and the hazard classification of the workplace. In this context, workplaces are required to appoint at least one occupational safety specialist, workplace physician, and other health personnel, either on a full-time or part-time basis.
As of 1 January 2025, the obligation to engage the services of occupational safety specialists and workplace physicians has entered into force for all workplaces, including law offices with a single employee. Through this regulation, it is aimed that employers take the necessary precautions to ensure the health and safety of employees and to create a legally compliant working environment.
Occupational health and safety services may be provided either through experts employed full-time within the workplace by the employer or through outsourcing. Occupational safety specialist and workplace physician services may be obtained via Joint Health and Safety Units ("JHSU"), which present a viable solution particularly for small and medium-sized enterprises. However, if the employer possesses the necessary qualifications and certification in the relevant field, it is also possible for them to directly provide occupational health and safety services, taking into account the workplace's hazard classification and the number of employees. In such case, the employer must have completed the legally prescribed training and hold the required certificates.
The aim of this regulation is to promote the widespread implementation of occupational health and safety practices in workplaces, prevent occupational accidents and diseases, and thereby ensure that employees work in a healthy and safe environment.
Article 5 of the Regulation on Occupational Health and Safety Services ("Regulation") sets forth the methods by which employers may fulfill these obligations:
- One or more occupational safety specialists or workplace physicians who possess the qualifications specified under the Regulation and other relevant laws may be appointed from among the employees.
- Provided that the employer holds the required qualifications, they may personally undertake the provision of these services by considering the workplace's hazard classification and number of employees.
- In the absence of qualified personnel at the workplace as described above, services may be procured from Joint Health and Safety Units (JHSU) or Employee Health Centers ("EHC").
- Employers of workplaces classified as "less hazardous" and employing fewer than 50 employees may, apart from the aforementioned methods, choose to personally carry out the services excluding pre-employment and periodic examinations by completing the training programs specified by the Ministry of Labour and Social Security, or by having their employer representatives complete such training.
In conclusion, employers are responsible for fulfilling their obligations regarding occupational health and safety services in accordance with the hazard classification of the workplace and the number of employees. These obligations may be met by employing qualified personnel within the workplace, by outsourcing such services, or where certain conditions are met by the employer personally undertaking the services. Measures taken in compliance with the legislation contribute to the prevention of occupational accidents and diseases, and aim to ensure that employees operate in a safe and healthy working environment.
D. SANCTIONS IN CASE OF NON-COMPLIANCE WITH OBLIGATIONS
The administrative fines to be imposed in cases of non-compliance with the obligations are detailed under Article 26 of the OHS Law. While it should be noted that these administrative fines are updated annually, for the year 2025, the applicable amounts are as follows:
a. For employers who fail to appoint an occupational safety specialist and a workplace physician;
- TL 88,663.00 for employers in the "less hazardous" category with fewer than 10 employees who violate their statutory obligations under the Law,
- TL 110,828.00 for employers in the "hazardous" category with fewer than 10 employees,
- TL 132,994.00 for employers in the "very hazardous" category with fewer than 10 employees,
- TL 88,663.00 for employers in the "less hazardous" category with 10 to 49 employees,
- TL 132,994.00 for employers in the "hazardous" category with 10 to 49 employees,
- TL 177,326.00 for employers in the "very hazardous" category with 10 to 49 employees,
- TL 132,994.00 for employers in the "less hazardous" category with 50 or more employees,
- TL 177,326.00 for employers in the "hazardous" category with 50 or more employees,
- TL 265,989.00 for employers in the "very hazardous" category with 50 or more employees.
b. For employers with 10 or more employees operating in the very hazardous category who fail to employ other health personnel in the workplace;
- TL 88,608.00 for employers in the "very hazardous" category with 10 to 49 employees who violate their statutory obligations under the Law,
- TL 132,912.00 for employers in the "very hazardous" category with 50 or more employees who violate their statutory obligations under the Law.
An administrative fine is prescribed for such violations.
E. CONCLUSION
Occupational health and safety practices are no longer limited to high-risk sectors; they have become a legal obligation for all workplaces. Even in office environments such as law firms, the provision of occupational health and safety services is of great importance in ensuring that employees work in a healthy and safe environment. With the regulation that entered into force on 1 January 2025, the obligation to employ occupational safety specialists and workplace physicians has been expanded to cover all workplaces. Fulfilment of this obligation constitutes a significant step toward preventing occupational accidents and diseases, and imposes increased responsibility on employers to ensure the health and safety of their employees.
Employers may provide occupational health and safety services through full-time in-house staff, or alternatively, by procuring services from external providers. In addition, employers who meet certain criteria may undertake the provision of such services themselves. However, in cases of non-compliance, employers may face substantial administrative fines. In conclusion, compliance with occupational health and safety legislation not only ensures fulfilment of legal obligations, but also contributes to fostering a culture of safety in the workplace and to enabling employees to work in a healthy and productive environment. For this reason, it is of great importance that employers effectively implement their OHS obligations and take the necessary measures.
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.
