Boss Governance New Labor Health and Safety
Law No.6331 GeneralProtecting the health, and maintaining the safety of the employees is a basicconstitutional right. The ...
ExemptionsThe provisions of this Law are not applicable to the below-mentioned activitiesand persons:a) Apart from those i...
Obligation of the employerWhile being obliged to maintain the health and safety of the employees with regard totheir works...
Principles for the avoidance of risksThe following principles are taken into consideration for the fulfillment of theemplo...
Labor health and safety servicesIn order to render such labor health and safety services, which are to comprise the avoida...
Problems and Expectation of RegulationDespite the enactment of the new law, it has certain deficiencies. A regulation is a...
Personnel of 750 and 500the workplaces with 750 employees and more, being ranked in hazardous class,will employ at least 1...
Labor Safety SpecialistsThose with (C)-class certificate maywork in workplaces within less-hazardous class, those with (B)...
Workplace doctorFirst of all, workplace doctor is being defined in the LaborHealth and Safety Law No.6331 as the doctor be...
Duty of the workplace doctorDuties of the workplace doctorIn accordance with the new regulation, workplace doctors’ right ...
Conditions for Service ProcurementThe condition for the employment of labor safety specialists and workplacedoctors or for...
Example calculationEXAMPLEWorking hours of the labor safety specialists and workplace doctors in a Hazardous-class company...
EffectThe condition for the employment of labor safety specialists and workplacedoctors or for the procurement of equivale...
Current limit of 50 personsAccording to the current regulation, the employers being ranked in the field ofindustry, and em...
SanctionsIn the ministerial audits;· Administrative fines may be imposed, and such fines may rise up to TL 80thousand.· Th...
Policy and Document deliveryWorkplaces, in which major industrial accidents may likely to occur, are to prepareeither Majo...
CriticismsCriticisms against the law arise mostly from the employers’ circles. It should alsobe noted that, similar critic...
Our recommendationWe hereby advise our esteemed customers to receive training and consultancyfrom a labor safety company a...
Thanks…              Boss Yönetişim Hizmetleri A.Ş.              www.boss.com.tr              0090 212 244 92 22   Public ...
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New health and_safety_regulations_2012

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New Health and Safety Regulations in Turkey...
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.
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.
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.
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.
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.

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New health and_safety_regulations_2012

  1. 1. Boss Governance New Labor Health and Safety
  2. 2. Law No.6331 GeneralProtecting the health, and maintaining the safety of the employees is a basicconstitutional right. The most important instrument to put the basic principle of thelabor law, namely protecting the worker, into effect is without doubt the regulationson the labor health and safety. By way of adopting the Law No.6331 on LaborHealth and Safety, upon its issuance on the Official Gazette on June 30th, 2012, anew period has commenced with the intent of eliminating the disarray in theregulations, expanding the scope thereof, and molding it into a structure, whichdisplays 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 ofmaintaining labor health and safety at the workplaces, and improving thecurrent health and safety conditions.The law is applicable, disregarding the subjects of their activities, to all businessesand workplaces within the scope of both public, and private sectors, to theemployers and deputy employers of the aforesaid workplaces, and to all theemployees thereof, including the apprentices and interns as well. Public | © 2012 Boss Governance All rights reserved. 2
  3. 3. ExemptionsThe provisions of this Law are not applicable to the below-mentioned activitiesand persons:a) Apart from those in such workplaces, including factories, care centers, tailoringworkshops, 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, andbehalves, without employing any employee;e) Prison workshops, trainings, safety, and vocational courses, being conductedduring the enforcement services, and within the scope of rehabilitation. Public | © 2012 Boss Governance All rights reserved. 3
  4. 4. Obligation of the employerWhile being obliged to maintain the health and safety of the employees with regard totheir works, the Employer;a) Conducts works with regard to avoiding occupational risks, taking any sort ofmeasure necessary, such as rendering training and information, making theorganization, provision of any tool and instrument necessary, adaptation of health andsafety measures in conformance to the changing conditions, and with regard toimproving the current situation;b) Monitors and controls whether the labor health and safety measures being taken inthe 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 theduty 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 placesposing lethal and specific dangers.(2) Procuring services from experts and corporations outside the workplace does notrelease the employer from his/her responsibilities.(3) Employees’ obligations in terms of labor health and safety by no means affectemployer’s respective responsibilities.(4) Employer may by no means reflect the costs of the labor health and securitymeasures to the employees. Public | © 2012 Boss Governance All rights reserved. 4
  5. 5. Principles for the avoidance of risksThe following principles are taken into consideration for the fulfillment of theemployer’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 workequipments, manner of work, and production methods, avoiding the effects ofmonotonous 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 lesshazardous;g) Developing a consistent and general avoidance policy, which comprises theeffects of such factors, including technology, business organization, workingconditions, social relations, working environment, etc.;h) Giving more priority to the collective protection measures than to the individualprotection measures;i) Giving proper instructions to the employees. Public | © 2012 Boss Governance All rights reserved. 5
  6. 6. Labor health and safety servicesIn order to render such labor health and safety services, which are to comprise the avoidance of occupationalrisks, 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. Incase there is no personnel with the determined qualifications among his/her employees, employer may fulfill thewhole, or part of this service from common health and security units. However, in case he/she possesses thedetermined qualifications, and required certifications, the employer him/herself may assume the fulfillment of thisservice 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/shehas 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 theworkplace;d) carries out the instructions regarding labor health and safety, which are in compliance with the respectiveregulations, and which are declared in writing by those he/she has respectively assigned, or by theorganizations/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 andsafety of the employees, to those he/she has respectively assigned, or the organizations/corporations, from whichrespective service is procured, or to the employees, who have come to work from other workplaces, and to theiremployers as well.(2) Public organizations/corporations within the scope of the Public Tender Law No.4734, dated 4/1/2002, mayprocure labor health and security services not only directly from the corporations with working capital, whichbelong 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 employother health personnel. Public | © 2012 Boss Governance All rights reserved. 6
  7. 7. Problems and Expectation of RegulationDespite the enactment of the new law, it has certain deficiencies. A regulation is awaited for fixingup the said deficiencies.There are questions being raised particularly with regard to the obligation laid on the employer toemploy 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 safetyspecialists 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 classwill employ at least 1 labor safety specialist for 30 minutes a month, (2) those being ranked inhazardous class will employ at least 1 labor safety specialist for 60 minutes a month, (3) and thosebeing ranked in highly hazardous class will employ at least 1 labor safety specialist for 120minutes 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 hazardousclass will employ at least 1 labor safety specialist for no less than 10 minutes per each employee amonth, (2) those being ranked in hazardous class will employ at least 1 labor safety specialist forno less than 15 minutes per each employee a month, (3) and those being ranked in highlyhazardous class will employ at least 1 labor safety specialist for no less than 20 minutes per eachemployee a month, while the workplaces with 1000 employees and more, being ranked in lesshazardous class, will employ at least 1 labor safety specialist for full-time per each 1000employees, and in case the number of employees amounts to more than the full multiples of1000, additional labor safety specialist(s) will be employed in compliance with the aforementionedcriteria, upon taking the remaining number of employees, Public | © 2012 Boss Governance All rights reserved. 7
  8. 8. Personnel of 750 and 500the 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 of750, additional labor safety specialist(s) will be employed in compliance with theaforementioned criteria, upon taking the remaining number of employees,the workplaces with 500 employees and more, being ranked in highly-hazardousclass, will employ at least 1 labor safety specialist for full-time per each 500employees, and in case the number of employees amounts to more than the fullmultiples of 500, additional labor safety specialist(s) will be employed incompliance with the aforementioned criteria, upon taking the remaining number ofemployees. Public | © 2012 Boss Governance All rights reserved. 8
  9. 9. Labor Safety SpecialistsThose with (C)-class certificate maywork in workplaces within less-hazardous class, those with (B)-classcertificate may work in workplaces withinless-hazardous and hazardous classes,and those with (A)-class certificate maywork in workplaces in workplaces withinall hazard classes. Public | © 2012 Boss Governance All rights reserved. 9
  10. 10. Workplace doctorFirst of all, workplace doctor is being defined in the LaborHealth and Safety Law No.6331 as the doctor being theholder of workplace medicine certificate, who has beenauthorized by the Ministry of Labor and Health so as to befunctioning in the field of labor health and safety. One ofthe most important improvements being introduced by lawin the field of workplace medicine is the aforementioneddefinition. By means of the definition in question, thedispute on whether Turkish Medicine Association (TTB) isalso entitled in the workplace medicine practices has beenceased, and the field of workplace medicine has entirelybeen left to the authority of the Ministry of Labor and SocialSecurity. Public | © 2012 Boss Governance All rights reserved. 10
  11. 11. Duty of the workplace doctorDuties of the workplace doctorIn accordance with the new regulation, workplace doctors’ right to act independently intheir services has been put under guarantee. From then on, workplace doctors havegained the right to act freely in their services, independent not only from theiremployers, trade unions, but also from TTB, and even from the Ministries of Labor andHealth. This is an outstanding improvement, and a legal gain, having been introducedin the field of workplace medicine.According to the new legal implementation, workplace doctor is deemed as obliged tonotify at first his/her employer with the measures, which should necessarily be taken inthe workplace in terms of labor health and safety. In this context, the employer has totake all the required measures. Among the issues to have been notified by theworkplace doctor to the employer, in case those being life-threatening have not beenfulfilled, workplace doctor will then be entitled to notify this issue to the Ministry ofLabor. Under such a circumstance, Ministry of Health will forcefully maintain the takingof the respective measures. Public | © 2012 Boss Governance All rights reserved. 11
  12. 12. Conditions for Service ProcurementThe condition for the employment of labor safety specialists and workplacedoctors or for the procurement of equivalent services externally will becomeeffective intwo years as from the date of publication of the respective law, among theworkplaces 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 theworkplaces with less than 10 employees, in those being ranked within hazardousand highly-hazardous classes;one year as from the date of publication of the respective law, among theworkplaces with no less than 10 employees, in those being ranked within allhazard classes.Throughout this transition period, the labor safety specialists, and workplacedoctors to be required for any and all of the workplaces will be documented.Employers concern that the number of labor safety specialists and workplacedoctors is not adequate for all workplaces. Public | © 2012 Boss Governance All rights reserved. 12
  13. 13. Example calculationEXAMPLEWorking hours of the labor safety specialists and workplace doctors in a Hazardous-class companywith 100 personnel are calculated as follows.Workplace doctor:Standard: 15 hours/monthPer employee: 25 minutes/year25*110*/12*60*: 4 hours/monthService hour: Service contract thereof is to be made in 15 + 4:19 hours/month.Labor Health & Safety Specialist:Standard: 24 hours/monthPer employee: 5 minutes/year5*110/60*: 9 hours/monthService hour: Service contract thereof is to be made in 24 + 9:33hours/month. Public | © 2012 Boss Governance All rights reserved. 13
  14. 14. EffectThe condition for the employment of labor safety specialists and workplacedoctors or for the procurement of equivalent services externally will becomeeffective intwo years as from the date of publication of the respective law, among theworkplaces 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 theworkplaces with less than 10 employees, in those being ranked within hazardousand highly-hazardous classes;one year as from the date of publication of the respective law, among theworkplaces with no less than 10 employees, in those being ranked within allhazard classes. Public | © 2012 Boss Governance All rights reserved. 14
  15. 15. Current limit of 50 personsAccording to the current regulation, the employers being ranked in the field ofindustry, and employing more than 50 employees are obliged to employ laborsafety specialists and workplace doctors. Such employers may optionally procurethe aforementioned services externally. However, in accordance with the new Lawon Labor Health and Safety, the limit of 50 employees is cancelled, and itbecomes obligatory for all workplaces to employ labor safety specialists andworkplace doctors. In other words, a workplace, in which only three workers arebeing employed, is also to obtain service from labor safety specialists andworkplace doctors. Public | © 2012 Boss Governance All rights reserved. 15
  16. 16. SanctionsIn the ministerial audits;· Administrative fines may be imposed, and such fines may rise up to TL 80thousand.· 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. Public | © 2012 Boss Governance All rights reserved. 16
  17. 17. Policy and Document deliveryWorkplaces, in which major industrial accidents may likely to occur, are to prepareeither 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 beimposed with a fine of TL 80 thousand, and those who have not preparedSecurity Report, are to be imposed with a fine of TL 50 thousand. Public | © 2012 Boss Governance All rights reserved. 17
  18. 18. CriticismsCriticisms against the law arise mostly from the employers’ circles. It should alsobe noted that, similar criticisms arise also from the academic circles. To list suchcriticisms briefly;· The law does not reflect the past experiences.· In case the law is to be applicable to all workplaces, how will the need foradequate 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. Public | © 2012 Boss Governance All rights reserved. 18
  19. 19. Our recommendationWe hereby advise our esteemed customers to receive training and consultancyfrom a labor safety company after the publication of the respective regulations dueto not only the penal sanctions of the new law, but also due to the likelihood ofbeing imposed to respective proceedings due to potential labor safety risks. Public | © 2012 Boss Governance All rights reserved. 19
  20. 20. Thanks… Boss Yönetişim Hizmetleri A.Ş. www.boss.com.tr 0090 212 244 92 22 Public | © 2011 Boss Governance All rights reserved. 20
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