Key Updates To Occupational Health And Safety Law No. 6331: Changes To Administrative Fines

ADMINISTRATIVE FINES IN THE OCCUPATIONAL HEALTH AND SAFETY LAW

ARTICLE OF THE LAW

OBLIGATION

BASIC FINE AMOUNT

EXPLANATIONS

Article 4/1 (a) -

General responsibility of the employer

Failure to take measures regarding occupational health and safety., organise, provide the necessary tools and equipment, adapt health and safety measures to changing conditions and work to improve the current situation

35.416 TRY

Article 4/1 (b) -

General responsibility of the employer

Failure to monitor and inspect the occupational health and safety measures taken in the workplace and to eliminate non-conformities.

35.416 TRY

Article 6/1 (a) - Occupational health and safety services

Failure to appoint an occupational safety specialist.

88.663 TRY

Each month in case of continued non-compliance

Article 6/1 (a) - Occupational health and safety services

Failure to appoint an occupational physician.

88.663 TRY

Each month in case of continued non-compliance

Article 6/1 (a) - Occupational health and safety services

Failure to appoint other health staff in workplaces in very hazardous class with ten or more employees.

44.304 TRY

Each month in case of continued non-compliance

Article 6/1 (b) - Occupational health and safety services

Failure to provide tools, equipment and space for the fulfilment of the duties of the persons assigned for Occupational Health and Safety services or the institutions and organisations from which they receive services.

26.557 TRY

Article 6/1 (c) - Occupational health and safety services

Failure to ensure coordination among those carrying out Occupational Health and Safety services.

26.557 TRY

Article 6/1 (ç) - Occupational health and safety services

Failure to fulfil the measures notified in writing in accordance with the legislation regarding occupational health and safety by the person they appoint or service providers.

17.686 TRY

Separately for each measure

Article 6/1 (d) - Occupational health and safety services

Failure to inform the appointed persons, service providers, employees from other workplaces and their employers about Occupational Health and Safety risks.

26.557 TRY

Article 8/1 - Occupational physicians and occupational safety specialists

Restricting the rights and authorities of occupational safety specialists and occupational physicians.

26.557 TRY

Separately for specialist and physician

Article 8/6 - Occupational physicians and occupational safety specialists

Not establishing a workplace health and safety unit.

26.557 TRY

In case of liability arises

Article 10/1 -

Risk assessment, control, measurement and research

Failure to conducted or have conducted a risk assessment.

53.172 TRY

For each month that the violation of not conducted or having a risk assessment continues.

79.783 TRY

Each month in case of continued non-compliance

Article 10/4 -

Risk assessment, control, measurement and research

Failure to carry out the necessary controls, measurements, examinations and research to identify risks.

26.557 TRY

Article 11 -

Emergency plans, fire-fighting and first aid

Not identifying emergency situations, not taking measures for emergencies, not preparing emergency plans, not assigning support staff, not providing equipment, not making arrangements to ensure contact with the organisation outside the workplace in case of emergency.

17.686 TRY

For each obligation / Each month in case of continued non-compliance

Article 12 -

Evacuation

In case of serious and imminent danger; not ensuring that employees leave work and go to a safe place.

17.686 TRY

For each obligation / Each month in case of continued non-compliance

Unless there is a strict necessity, to ask employees other than those who have the necessary equipment and are specially assigned to continue their work.

Holding intervention workers responsible for their intervention.

Article 14/1 -

Recording and notification of occupational accidents and occupational diseases

Failure to keep records of occupational accidents and occupational diseases, failure to carry out the necessary investigations and prepare the relevant reports, failure to investigate and prepare reports on incidents that occur in the workplace but do not cause injury or death, but cause damage to the workplace or work equipment or have the potential to damage the employee, workplace or work equipment.

26.557 TRY

Separately for each obligation

Article 14/2 -

Recording and notification of occupational accidents and occupational diseases

Not reporting work accidents and occupational diseases to the Social Security Institution within 3 working days.

35.416 TRY

Article 14/4 -

Recording and notification of work accidents and occupational diseases

Failure of health care providers to report work accidents and authorised health care providers to report occupational diseases to Social Security Institution within 10 days at the latest.

35.416 TRY

Articles 15/1 and 15/2 - Health Surveillance

Failure to provide health surveillance to employees or

17.686 TRY

For each employee *

Failure to obtain a health report for those who will work in hazardous and very hazardous class jobs.

Article 16 -

Informing employees

Failure to fulfil the obligations specified in Article 16.

17.686 TRY

For each employee *

Article 17 -

Training of employees

Failure to fulfil the obligations specified in Article 17.

7.156 TRY

Separately for each employee* for each non-compliance.

Article 18 – Consultation with and Participation of Workers

Failure to fulfil the obligations specified in Article 18.

17.686 TRY

Separately for each violation

Article 20/1 -

Employee Representative

Not appointing employee representatives according to the risks and number of employees in different parts of the workplace.

17.686 TRY

Article 20/3 -

Employee Representative

Violation by the employer of the right of employee representatives to make suggestions and request measures to be taken.

26.557 TRY

Article 20/4 -

Employee Representative

Restricting the rights of employee representatives and support staff and not providing the necessary means.

17.686 TRY

Article 22/1 - Occupational Health and Safety Committee

Failure to establish an occupational health and safety committee in workplaces with fifty or more employees and where continuous work is carried out for more than six months.

35.416 TRY

Separately for each violation

Article 22/2-3 - Occupational Health and Safety Committee

Failure to establish the appropriate board in cases where there is a sub-contractor and failure to ensure coordination between the boards. In case there is more than one employer in the same work area and more than one board is established by these employers, not informing other employers about the board decisions that may affect each other's work.

35.416 TRY

Separately for each violation

Article 23/2 - Coordination of Occupational Health and Safety

Failure to notify the Ministry of employers who do not take precautions regarding the hazards that will affect other workplaces in terms of Occupational Health and Safety in business centres with more than one workplace.

88.663 TRY

Article 24A/1–

The Ministry's authority and responsibility for inspection, control and audit

Preventing the measurement, examination and research, sampling or control and inspection of educational institutions and joint health and safety units on issues related to occupational health and safety

88.663 TRY

Article 25/6 - Suspension of Work

Failure to pay wages to employees who are unemployed due to suspension of work or failure to provide other suitable work.

14.335 TRY

For each employee* who has been violated, the same amount every month if the violation continues

Article 29 -

Safety Report or Major Accident Prevention Policy Document

Failure to prepare a major accident prevention policy document.

886.975 TRY

To put the workplace into operation without preparing the safety report and submitting it to the Ministry for review.

1.419.159 TRY

To put into operation the workplace whose operation is not authorised by the Ministry.

1.419.159 TRY

To continue the activity in the discontinued workplace.

1.419.159 TRY

Article 30 -

Regulations related to Occupational Health and Safety

To act contrary to the provisions of the regulations stipulated in Article 30.

17.686 TRY

Monthly from the date of determination for each provision

Article 26 - Administrative Fines and Enforcement

Not providing personal protective equipment to its employees in accordance with standards and CE certified.

7.156 TRY

For each employee*

Article 26 - Administrative Fines and Enforcement

Failure to establish a tracking system showing the location and entry and exit of employees in underground mining operations.

7.156 TRY

For each employee[*]