The Sector News
Dear Employers,
As you know, so far, Occupational Health and Safety Services have been implemented with the regulations issued based on certain articles of the Labor Law No. 4857, Occupational Health and Safety Regulation. For example; Regulations on heavy and dangerous works, as well as regulations on the Occupational Health and Training Procedures and Principles of Employees.
According to the latest work accident statistics in our country, there are 172 work accidents in 62.000 days per year and 4 of them result in death. The financial loss of work accidents to the country’s economy is around 8 billion TL. In the world, 1 million work accidents occur every day and nearly 1000 employees lose their lives. When the physical and moral losses as a result of occupational accidents and occupational diseases are examined, this law is necessary.
ACCIDENTS AT WORK IN TURKEY
| WORKPLACE SIZE – ACCORDING TO THE NUMBER OF WORKERS | NUMBER OF WORKERS | NUMBER OF WORKERS |
| 1-9 | 1.214.259(%85) | 3.238.542(%29) |
| 50-(+) | 28.147(%2) | 4.262.633(%39) |
The fact that our country has the first law in terms of Occupational Health and Safety and brings very big changes is a revolution.
THE OCCUPATIONAL HEALTH AND SAFETY
The biggest change is stated in Article 2 of the Occupational Health and Safety Law;
This law;
- It included all workplaces, regardless of the number of employees, the location of the workplace (regardless of whether they are considered industrial or not, the work is dangerous). So far, mines, constructions, large industrial establishments, factories had to implement OHS in shipyards. With the new law no longer office, school, hospital, hotel etc. small – large all work places and anyone working for example; employers, their representatives, workers, officials, apprentices and trainees, even civil servants.
NO LONGER; ALL WORKS, ALL WORKERS AND EMPLOYEES ALL UNDER SCOPE OF LAW!
- Instead of the new OHS LAW reactive (result-oriented approach) approach, Pro is active (giving priority to prevention) Accident will be applied to prevent the occupational disease before adopting an approach that adopts the need to work, will keep the training and awareness work for the formation of OHS culture.
- Penalties were heavily aggravated, the penalty for not employing physicians and specialists at workplaces is 120.000 TL per year. In the event of an occupational accident or occupational disease, punishment comes before the employer as a challenging legal process for compensation and recourse.
- According to the size of the workplace to change the number of workers between 1 and 6; It is compulsory to have a representative in the workplace to represent the employees on Occupational Health and Safety issues.
- Provides financial support to small workplaces for occupational safety specialists, occupational physicians and other health personnel
- Appropriate equipment and people with adequate training (support staff), as well as the essential task of occupational health and safety in the workplace, was obliged to be assigned.
- Within the scope of other health personnel at workplaces, it was stipulated that the nurses / health officers should be authorized by the Ministry to be able to work. A full-time workplace physician is not obliged to the health worker for workplaces.
- Failure to carry out a risk assessment in some sectors is considered to be one of the reasons for stopping work due to violations of occupational health and safety at workplaces,
- Service providers and occupational physicians or occupational safety experts should be held accountable to the employers they provide services for due to negligence in the execution of occupational safety services.
- Increasing the number of administrative penalties by 10 times more in case of imminent and life threatening.
- Elimination of the necessity of notifying the work accidents to the Provincial Directorates of the Regional Labor (Employment and Employment Agency)
- Removal of heavy and dangerous business concept
- Risk analysis before starting to work in large industrial studies
WHAT SHOULD THE EMPLOYER DO?
Firstly;
- How many people work in the workplace?
- What danger class is the workplace in?
According to the characteristics of the workplace, the hazard class can be found in the Danger Classes Communiqué of Workplaces published by the Ministry of Labor and Social Security.
From the table below, the number of employees and the Hazard class, according to the number of employees to work, the necessary legal terms and dates can find.
| Number of employees | Hazard class | Service Payment | Service type | Application Date |
| 01-9 | It does not matter | State | OSGB | 1-2 Year later |
| 10-49 | Less dangerous | Employer | OSGB | 30.06.2014 |
| dangerous | 30.06.2013 | |||
| Very dangerous | 30.06.2013 | |||
| 50-499 | It does not matter | Employer | İSGB-OSGB | 1.01.2013 |
| 500 and Much | Very dangerous | Employer | İSGB can get OSGB remaining number | 1.01.2013 |
| 750 and Much | Dangerous | Employer | İSGB service can receive up to OSGB remaining number first | 1.01.2013 |
| 1000 and more | Less dangerous | Employer | İSGB service can receive up to OSGB remaining number first | 1.01.2013 |
DISCLOSURE OF THIS TABLE;
- If the number of employees is less than 10, the workplaces will buy services from the Ministry from an authorized OSGB and pay the costs through the state SGK. Small businesses will be inexpensive OHS Service.
- Workplaces with less than 10 employees with less than 50 employees will receive service from an authorized OSGB from the Ministry and they will not be able to set up ISGB at the workplace. OHS LAW Although it is accepted on 30.06.2012, the number of employees with 50 or less number of workplaces will be applied gradually according to the hazard classes.
- Small workplaces with fewer than 50 employees will receive the service from the OSGB.