New health and_safety_regulations_2012

Boss Governance New Labor Health and Safety

Law No.6331 General
Protecting the health, and maintaining the safety of the employees is a basic
constitutional right. The most important instrument to put the basic principle of the
labor law, namely protecting the worker, into effect is without doubt the regulations
on the labor health and safety. By way of adopting the Law No.6331 on Labor
Health and Safety, upon its issuance on the Official Gazette on June 30th, 2012, a
new period has commenced with the intent of eliminating the disarray in the
regulations, expanding the scope thereof, and molding it into a structure, which
displays a holistic approach towards the issue.
Purpose of the law is to arrange the duties, powers, responsibilities, rights,
and obligations of the employers and employees with the intent of
maintaining labor health and safety at the workplaces, and improving the
current health and safety conditions.
The law is applicable, disregarding the subjects of their activities, to all businesses
and workplaces within the scope of both public, and private sectors, to the
employers and deputy employers of the aforesaid workplaces, and to all the
employees thereof, including the apprentices and interns as well.

Public | © 2012 Boss Governance All rights reserved. 2

Exemptions

The provisions of this Law are not applicable to the below-mentioned activities
and persons:
a) Apart from those in such workplaces, including factories, care centers, tailoring
workshops, etc., the activities of Turkish Armed Forces, general police forces,
Undersecretariat of MİT (National Intelligence Organization);
b) Disaster and emergency condition units’ intervention activities;
c) Home services;
d) Those producing goods and service production in their own names, and
behalves, without employing any employee;
e) Prison workshops, trainings, safety, and vocational courses, being conducted
during the enforcement services, and within the scope of rehabilitation.


Obligation of the employer
While being obliged to maintain the health and safety of the employees with regard to
their works, the Employer;
a) Conducts works with regard to avoiding occupational risks, taking any sort of
measure necessary, such as rendering training and information, making the
organization, provision of any tool and instrument necessary, adaptation of health and
safety measures in conformance to the changing conditions, and with regard to
improving the current situation;
b) Monitors and controls whether the labor health and safety measures being taken in
the workplace are being followed, and maintains the elimination of nonconformities;
c) Conducts risk assessment, or have it conducted;
d) While assigning duty to an employee, considers the employee’s suitability to the
duty in question in terms of health and safety;
e) Apart from those, having been provided with adequate information and instructions,
takes any measure necessary for keeping the other employees away from places
posing lethal and specific dangers.
(2) Procuring services from experts and corporations outside the workplace does not
release the employer from his/her responsibilities.
(3) Employees’ obligations in terms of labor health and safety by no means affect
employer’s respective responsibilities.
(4) Employer may by no means reflect the costs of the labor health and security
measures to the employees. Public | © 2012 Boss Governance All rights reserved. 4

Principles for the avoidance of risks

The following principles are taken into consideration for the fulfillment of the
employer’s obligations:
a) Avoiding risks;
b) Analyzing unavoidable risks;
c) Combating with the risks in their source;
d) Taking pains in the design of the workplaces, and in the choice of work
equipments, manner of work, and production methods, avoiding the effects of
monotonous working and production pace particularly on health and safety, if not,
minimizing it, in order to optimize the works to the persons;
e) Adapting to technical advances;
f) Replacing what is hazardous with the nonhazardous, or with the less
hazardous;
g) Developing a consistent and general avoidance policy, which comprises the
effects of such factors, including technology, business organization, working
conditions, social relations, working environment, etc.;
h) Giving more priority to the collective protection measures than to the individual
protection measures;
i) Giving proper instructions to the employees.

Labor health and safety services
In order to render such labor health and safety services, which are to comprise the avoidance of occupational
risks, and the things to do to get protected from these risks, the employer;
a) assigns a labor safety specialist, a workplace doctor, and other health personnel among his/her employees. In
case there is no personnel with the determined qualifications among his/her employees, employer may fulfill the
whole, or part of this service from common health and security units. However, in case he/she possesses the
determined qualifications, and required certifications, the employer him/herself may assume the fulfillment of this
service by taking the hazard class, and number of employees into consideration.
b) provides any and all of the needs (including vehicles, instruments, locations, and time) of the persons he/she
has respectively assigned, or those of the organizations/corporations, from which respective service is procured,
so as to enable them fulfill their duties;
c) maintains cooperation and coordination among those, who perform the health and safety services in the
workplace;
d) carries out the instructions regarding labor health and safety, which are in compliance with the respective
regulations, and which are declared in writing by those he/she has respectively assigned, or by the
organizations/corporations, from which respective service is procured;
e) provides information on the issues, which are either known to be affecting, or likely to affect the health and
safety of the employees, to those he/she has respectively assigned, or the organizations/corporations, from which
respective service is procured, or to the employees, who have come to work from other workplaces, and to their
employers as well.
(2) Public organizations/corporations within the scope of the Public Tender Law No.4734, dated 4/1/2002, may
procure labor health and security services not only directly from the corporations with working capital, which
belong to the Ministry of Health, but also within the frame of the Law No.4734.
(3) In the workplaces, where workplace doctors are employed for full-time, it is not necessary to further employ
other health personnel.


Problems and Expectation of Regulation
Despite the enactment of the new law, it has certain deficiencies. A regulation is awaited for fixing
up the said deficiencies.
There are questions being raised particularly with regard to the obligation laid on the employer to
employ specialist personnel. On which ground will the labor safety specialist is to be employed,
and whether he/she is to be employed for full-time, are among the uncertain issues.
According to a regulation, having not been issued yet, the duration of work of the labor safety
specialists has been determined as follows,
Having the work shifts rearranged in the draft, accordingly,
(a) among the workplaces with 1- 10 employees; (1) those being ranked in less hazardous class
will employ at least 1 labor safety specialist for 30 minutes a month, (2) those being ranked in
hazardous class will employ at least 1 labor safety specialist for 60 minutes a month, (3) and those
being ranked in highly hazardous class will employ at least 1 labor safety specialist for 120
minutes a month, plus 15 minutes to the aforesaid durations a month per each employee, (b)
among the workplaces with more than 10 employees; (1) those being ranked in less hazardous
class will employ at least 1 labor safety specialist for no less than 10 minutes per each employee a
month, (2) those being ranked in hazardous class will employ at least 1 labor safety specialist for
no less than 15 minutes per each employee a month, (3) and those being ranked in highly
hazardous class will employ at least 1 labor safety specialist for no less than 20 minutes per each
employee a month, while the workplaces with 1000 employees and more, being ranked in less
hazardous class, will employ at least 1 labor safety specialist for full-time per each 1000
employees, and in case the number of employees amounts to more than the full multiples of
1000, additional labor safety specialist(s) will be employed in compliance with the aforementioned
criteria, upon taking the remaining number of employees,

Personnel of 750 and 500

the workplaces with 750 employees and more, being ranked in hazardous class,
will employ at least 1 labor safety specialist for full-time per each 750 employees,
and in case the number of employees amounts to more than the full multiples of
750, additional labor safety specialist(s) will be employed in compliance with the
aforementioned criteria, upon taking the remaining number of employees,
the workplaces with 500 employees and more, being ranked in highly-hazardous
class, will employ at least 1 labor safety specialist for full-time per each 500
employees, and in case the number of employees amounts to more than the full
multiples of 500, additional labor safety specialist(s) will be employed in
compliance with the aforementioned criteria, upon taking the remaining number of
employees.


Labor Safety Specialists
Those with (C)-class certificate may
work in workplaces within less-
hazardous class, those with (B)-class
certificate may work in workplaces within
less-hazardous and hazardous classes,
and those with (A)-class certificate may
work in workplaces in workplaces within
all hazard classes.


Workplace doctor
First of all, workplace doctor is being defined in the Labor
Health and Safety Law No.6331 as the doctor being the
holder of workplace medicine certificate, who has been
authorized by the Ministry of Labor and Health so as to be
functioning in the field of labor health and safety. One of
the most important improvements being introduced by law
in the field of workplace medicine is the aforementioned
definition. By means of the definition in question, the
dispute on whether Turkish Medicine Association (TTB) is
also entitled in the workplace medicine practices has been
ceased, and the field of workplace medicine has entirely
been left to the authority of the Ministry of Labor and Social
Security.

Duty of the workplace doctor

Duties of the workplace doctor

In accordance with the new regulation, workplace doctors’ right to act independently in
their services has been put under guarantee. From then on, workplace doctors have
gained the right to act freely in their services, independent not only from their
employers, trade unions, but also from TTB, and even from the Ministries of Labor and
Health. This is an outstanding improvement, and a legal gain, having been introduced
in the field of workplace medicine.

According to the new legal implementation, workplace doctor is deemed as obliged to
notify at first his/her employer with the measures, which should necessarily be taken in
the workplace in terms of labor health and safety. In this context, the employer has to
take all the required measures. Among the issues to have been notified by the
workplace doctor to the employer, in case those being life-threatening have not been
fulfilled, workplace doctor will then be entitled to notify this issue to the Ministry of
Labor. Under such a circumstance, Ministry of Health will forcefully maintain the taking
of the respective measures.

Conditions for Service Procurement
The condition for the employment of labor safety specialists and workplace
doctors or for the procurement of equivalent services externally will become
effective in

two years as from the date of publication of the respective law, among the
workplaces with less than 10 employees, in those being ranked within highly-
hazardous class;

three years as from the date of publication of the respective law, among the
workplaces with less than 10 employees, in those being ranked within hazardous
and highly-hazardous classes;

one year as from the date of publication of the respective law, among the
workplaces with no less than 10 employees, in those being ranked within all
hazard classes.

Throughout this transition period, the labor safety specialists, and workplace
doctors to be required for any and all of the workplaces will be documented.
Employers concern that the number of labor safety specialists and workplace
doctors is not adequate for all workplaces.

Example calculation
EXAMPLE
Working hours of the labor safety specialists and workplace doctors in a Hazardous-class company
with 100 personnel are calculated as follows.

Workplace doctor:

Standard: 15 hours/month

Per employee: 25 minutes/year

25*110*/12*60*: 4 hours/month

Service hour: Service contract thereof is to be made in 15 + 4:19 hours/month.

Labor Health & Safety Specialist:

Standard: 24 hours/month

Per employee: 5 minutes/year
5*110/60*: 9 hours/month

Service hour: Service contract thereof is to be made in 24 + 9:33
hours/month.

Effect
The condition for the employment of labor safety specialists and workplace
doctors or for the procurement of equivalent services externally will become
effective in

two years as from the date of publication of the respective law, among the
workplaces with less than 10 employees, in those being ranked within highly-
hazardous class;

three years as from the date of publication of the respective law, among the
workplaces with less than 10 employees, in those being ranked within hazardous
and highly-hazardous classes;

one year as from the date of publication of the respective law, among the
workplaces with no less than 10 employees, in those being ranked within all
hazard classes.


Current limit of 50 persons

According to the current regulation, the employers being ranked in the field of
industry, and employing more than 50 employees are obliged to employ labor
safety specialists and workplace doctors. Such employers may optionally procure
the aforementioned services externally. However, in accordance with the new Law
on Labor Health and Safety, the limit of 50 employees is cancelled, and it
becomes obligatory for all workplaces to employ labor safety specialists and
workplace doctors. In other words, a workplace, in which only three workers are
being employed, is also to obtain service from labor safety specialists and
workplace doctors.


Sanctions

In the ministerial audits;

· Administrative fines may be imposed, and such fines may rise up to TL 80
thousand.
· The progress of work in the workplace may be halted in part, or as a whole.
Employer may resume his/her activities upon recovering the deficiencies.


Policy and Document delivery

Workplaces, in which major industrial accidents may likely to occur, are to prepare
either Major Accident Avoidance Policy Certificate, or Security Report.
Activities will commence upon the Ministerial examination thereof. The employers,
who have not prepared Major Accident Avoidance Policy Certificate, are to be
imposed with a fine of TL 80 thousand, and those who have not prepared
Security Report, are to be imposed with a fine of TL 50 thousand.


Criticisms

Criticisms against the law arise mostly from the employers’ circles. It should also
be noted that, similar criticisms arise also from the academic circles. To list such
criticisms briefly;

· The law does not reflect the past experiences.

· In case the law is to be applicable to all workplaces, how will the need for
adequate number of labor safety specialists and workplace doctors?

· While the violations are punished, vigilant employers are not awarded.

· Arrangement of critical issues is left to regulations.


Our recommendation

We hereby advise our esteemed customers to receive training and consultancy
from a labor safety company after the publication of the respective regulations due
to not only the penal sanctions of the new law, but also due to the likelihood of
being imposed to respective proceedings due to potential labor safety risks.


Thanks…
Boss Yönetişim Hizmetleri A.Ş.
www.boss.com.tr
0090 212 244 92 22


New health and_safety_regulations_2012

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