Occupational health and safety in Turkey is primarily governed by Law on Occupational Health and Safety No. 6331. This law aims to establish safe, healthy work environments across all workplaces and applies broadly to employers, employees, and workplaces across all sectors of the Turkish economy. Turkey's health and safety regulations are designed largely in line with the European Union standards.

Key Employer Responsibilities

Employers in Turkey have several responsibilities under the Law on Occupational Health and Safety No. 6331. These include identifying potential workplace hazards and risks through comprehensive risk assessments and implementing preventive measures to minimize these risks. Employers are also obliged to provide workplace machinery, tools, and personal protective equipment (PPE) in safe working condition.

In addition, employers must ensure employees receive training related to their specific tasks, workplace hazards, and the use of safety equipment. In workplaces considered hazardous or those with a certain number of employees, the employment of occupational safety specialists and occupational physicians is mandated. Employers must also establish plans for fire safety, evacuations, and first-aid.

Employee Rights and Responsibilities

Employees in Turkey have the right to work in safe and healthy environments. They must be informed about workplace hazards and provided relevant safety training. Employees may refuse tasks that pose an imminent threat to their health and safety. However, they also have responsibilities, including utilizing safety equipment, following safety protocols, and participating in training programs. Employees also have a duty to report workplace hazards and potential safety concerns to their employer.

Specialized Workplace Considerations

Certain workplaces have additional safety considerations. For example, the construction industry involves specific regulations and stricter safety practices due to the inherent dangers. Workplaces handling hazardous chemicals have additional requirements for the storage, labeling, and use of such substances. Employers operating specific types of dangerous machinery and equipment are subject to additional safety and inspection procedures.

Enforcement and Penalties

The Ministry of Family, Labor, and Social Services holds the authority to inspect workplaces and enforce occupational health and safety regulations. Violations of occupational health and safety laws can result in substantial administrative fines for employers. Serious cases or negligence leading to workplace accidents and injuries can result in criminal charges against employers.

Occupational health and safety is a critical aspect of any workplace. It involves a comprehensive evaluation of all workplace hazards, including physical, chemical, biological, ergonomic, and psychosocial risks. Employers must conduct systematic risk assessments, not only identifying hazards but also analyzing their potential severity and likelihood of occurrence. Based on this analysis, effective control measures must be designed to eliminate or minimize risk. These assessments must be thoroughly documented and updated regularly or whenever there are changes in workplace conditions.

Preventing Workplace Hazards

Priority is placed on engineering controls that eliminate risks at the source, such as machine guarding, ventilation systems, and noise reduction measures. Administrative controls include work rotation, job redesign, safe work procedures, and training programs to reduce exposure to hazards. Personal Protective Equipment (PPE) should be used as the last line of defense when other control measures aren't feasible. Employers must provide appropriate PPE and ensure its correct use.

Information, Instruction, and Training

Employees must receive training on the specific hazards associated with their jobs, including the use of machinery, handling of chemicals, and emergency procedures. Clear safety instructions and procedures must be prominently displayed in the workplace and readily accessible to workers. Employees should receive ongoing training and updates to ensure their knowledge and skills remain up to date.

Health Surveillance

Employers must arrange for pre-employment and periodic health examinations for workers exposed to specific hazards, such as noise, dust, chemicals, or biological agents. Medical records must be kept confidential, and employees have the right to access their health information. Employers must establish systems to identify, report, and investigate potential occupational diseases.

Emergency Preparedness and First-Aid

Employers must develop and implement comprehensive emergency plans, including fire evacuation procedures, first-aid provisions, and arrangements for external assistance. Workplaces must have trained first-aid personnel and well-equipped first-aid kits, readily accessible on-site. Emergency drills must be conducted regularly to ensure employee preparedness and identify areas for improvement of the plans.

Workplace Inspections and Audits

Employers are responsible for regular workplace inspections to identify and rectify unsafe conditions or practices. The Ministry of Family, Labor and Social Services conducts inspections to enforce compliance with health and safety regulations. These inspections may be routine or in response to specific complaints or incidents.

Workplace inspections play a crucial role in ensuring a safe and healthy work environment. They serve as a tool for compliance verification, proactive risk identification, deterrence, and improving safety culture. Inspections help identify hazards and potential risks before they lead to accidents or injuries. They also foster a preventative mindset among employers and workers, promoting a broader culture of workplace safety across industries.

Types of Inspections

There are several types of inspections, including routine inspections, complaint-based inspections, and accident investigations. Routine inspections are planned, periodic inspections often targeting specific industries or workplaces classified as high-risk. Complaint-based inspections are triggered by complaints from employees, trade unions, or other stakeholders regarding suspected safety violations. Following a workplace accident or incident, inspections are carried out to determine the cause and identify measures to prevent recurrence.

Inspection Criteria

Workplace inspectors follow detailed assessment protocols, which typically encompass areas such as risk assessment, control measures, machine safety, physical environment, chemical hazards, personal protective equipment (PPE), training and instruction, and emergency preparedness.

Inspection Procedures

The inspection process involves several steps. It begins with a pre-inspection where the inspector gathers background information about the workplace. This is followed by an on-site walkthrough, interviews with workers and management representatives, and a review of records. The process concludes with the compilation of a detailed inspection report outlining observed violations and recommendations for rectification.

Follow-up Actions

Following the inspection, several actions may be taken. These include enforcement orders, administrative fines, work stoppage, and criminal investigations. The inspector may issue an enforcement order, instructing the employer to address violations within a mandated timeframe. Failure to comply with enforcement orders can result in administrative fines. In cases of imminent danger, an inspector may order an immediate halt to specific operations until safety measures are in place. Instances of severe negligence or repeated violations can trigger criminal investigations, potentially leading to legal action against responsible individuals.

Workplace accidents are serious incidents that require immediate attention and reporting. Employers are legally obligated to notify the Social Security Institution (SGK) and, in some cases, relevant authorities of such accidents within a stipulated timeframe. A detailed accident report outlining the circumstances, nature of injuries, actions taken, and individuals involved must be prepared by the employers.

Investigating Workplace Accidents

The aim of workplace accident investigations is to identify the root cause and contributing factors to prevent similar occurrences. Labor inspectors from the Ministry of Family, Labor and Social Services take the lead on workplace accident investigations. They may seek input from occupational safety specialists. Investigations typically involve inspection of the accident scene, witness interviews, and review of documentation. The investigation results in a report detailing the findings, the identified causes, and recommendations to prevent future accidents.

Workplace Accident Compensation

Workers injured in workplace accidents are entitled to compensation through Turkey's Social Security Institution (SGK). Compensation can include coverage for treatment costs, rehabilitation, and medical supplies, income replacement during a period of recovery, long-term compensation if the injury results in a permanent impairment, and compensation for surviving dependents in case of fatal accidents. Injured workers or their dependents must file a claim with the Social Security Institution (SGK) to initiate the compensation process.

Additional Considerations

Workers diagnosed with occupational diseases also have rights to compensation through the Social Security System, though investigation processes might differ. In cases where an employer's negligence directly contributed to the accident, workers or their families may pursue additional legal remedies through civil lawsuits.