OBLIGATIONS & SANCTIONS IN THE LAW NO. 6331 ON OCCUPATIONAL HEALTH AND SAFETY
The obligations outlined in the Law on Occupational Health and Safety issued on June 30, 2012 and numbered 6331 have come into effect as of January 1, 2013 for all companies with more than 50 employees.
I – OBLIGATIONS
| OHS OBLIGATION | ACTIONS
|
| OCCUPATIONAL HEALTH AND SAFETY (OHS) COMMITTEES | Occupational Health and Safety Committee should set and committee members should be trained about their duties and powers. As per OHS Law, the committee should be comprised of the employer’s representative, occupational doctor, occupational safety physician, human resources officer, employee representatives, and technical and administrative personnel. The committee should met within the periods demanded by law and take decisions on issues falling under their authority. |
| OCCUPATIONAL DOCTORS AND OCCUPATIONAL SAFETY PHYSICIANS | Agreements with Joint Health and Safety Units (OSGB) should be made for the procurement of OHS and medical services. Prior to Law no. 6331, occupational safety specialists were required only in heavy and hazardous work. However with the introduction of new law, employment of occupational doctors and occupational safety Physicians has become obligatory for all workplaces. |
| RISK ASSESSMENT | Since Law no. 6331 requires all workplaces to assess their occupational health and safety risks and issue a report, these reports either should be issued within organization or should be procured from an OSGB. |
| EMERGENCY ACTION PLAN | To minimize damages in emergencies such as fire and earthquake, emergency action plans should be prepared and all staff should take theoretical and practical training. |
| FIRST AID TRAINING | As per Law no. 6331, according to the level of hazard of each job, varying numbers of staff need to receive first aid training and become first aid officers in a workplace. |
| STAFF TRAININGS | Law no. 6331 demands that all employees receive basic OHS training, as well as additional training programs according to the specificities of their work. |
| RECRUITMENT AND PERIODIC HEALTH CHECKS | As per Law no. 6331, recruitment and periodic health checks should be made by the occupational doctor and results should be filed in personnel files. Additional tests will be required for drivers and cleaners. |
| WORKPLACE CONTROLS | Workplaces should be checked against any health hazards that could jeopardize employee health and all necessary precautions should be taken. During these controls variables such as air quality, dust, chemicals, temperature, lighting, noise level and biological pollutants should be regularly monitored and reported. |
| WORK EQUIPMENT CONTROLS | All equipment used in workplaces should be checked by the authorized personnel within the deadlines. |
| MONITORING SUBCONTRACTORS | As per Law no. 6331, the main employer is required to ensure the OHS compliance of all subcontractors. |
II – SANCTIONS
| VIOLATION | LEGAL BASE | ADMINISTRATIVE FINE |
| Failing to appoint Workplace Doctor – Occupational Doctor | Articles 6 and 26 of Law no 6331 on Occupational Health and Safety | 9766 TL – Per Month |
| Failing of employ or outsource Occupational Safety Physicians | Articles 6 and 26 of Law no 6331 on Occupational Health and Safety | 9766 TL – per Month |
| Failing to conduct risk assessment | Articles 10 and 26 of Law no 6331 on Occupational Health and Safety | 5859 TL for the violation – 8789 TL Per Month |
| Failing to have Emergency Action Plan | Articles 11 and 26 of Law no 6331 on Occupational Health and Safety | 1952 TL – Per Month |
| Failing to have Evacuation Plan | Articles 12 and 26 of Law no 6331 on Occupational Health and Safety | 1952 TL – Per Month |
| Failing to Notify Social Security Institution about Workplace Accidents / Incidents | Articles 14 and 26 of Law no 6331 on Occupational Health and Safety | 3905 TL |
| Failing to keep reports of Workplace Accidents / Incidents | Articles 14 and 26 of Law no 6331 on Occupational Health and Safety | 2927 TL |
| Failing to comply with recruitment and periodic health checks requirements | Articles 15 and 26 of Law no 6331 on Occupational Health and Safety | 1301 TL – Per Staff |
| Failing to comply with staff training requirements | Articles 16,17 and 26 of Law no 6331 on Occupational Health and Safety | 1952 TL – Per Staff |
| Failing to appoint Employer`s Representative | Articles 20 and 26 of Law no 6331 on Occupational Health and Safety | 1952 TL |
| Failing to set up OHS Committee | Article 26 of Law no 6331 on Occupational Health and Safety | 2927 TL |
*Law no 6331 on Occupational Health and Safety (OJ 30.06.2012, 28339)
