Occupational Health and Safety Law

(1) The purpose of this Law is to regulate the duties, powers, responsibilities, rights and obligations of employers and employees in order to ensure occupational health and safety at workplaces and to improve existing health and safety conditions.

(1) This Law shall apply to all work and workplaces belonging to the public and private sectors, to the employers and employer's representatives of these workplaces, and to all of their employees, including apprentices and interns, regardless of their field of activity.

(2) However, the provisions of this Law shall not apply to the following activities and persons:

a) Activities of the Turkish Armed Forces, the general law enforcement forces and the Undersecretariat of the National Intelligence Organisation, except for those in factories, maintenance centres, sewing workshops and similar workplaces.

b) Intervention activities of disaster and emergency units.

c) Domestic services.

ç) Persons producing goods and services in their own name and on their own account without employing any employee.

d) Workshop, training, security and vocational training activities carried out within the scope of rehabilitation during enforcement services for convicts and detainees.

e) Added: 10/9/2014, Law No. 6552, Art. 15; Annulled by Constitutional Court decision of 14/5/2015, E. 2014/177, K. 2015/49.

(1) In the application of this Law;

a) Ministry: means the Ministry of Labour and Social Security,

b) Employee: means the natural person employed at public or private workplaces regardless of his or her status under their own special laws,

c) Employee representative: means the employee authorised to represent employees in matters such as participating in occupational health and safety activities, monitoring such activities, requesting that measures be taken and making proposals,

ç) Support staff: means the person specifically assigned, in addition to his or her principal duty, in matters such as prevention, protection, evacuation, firefighting, first aid and similar matters relating to occupational health and safety, and who has appropriate equipment and adequate training,

d) Amended: 9/1/2025, Law No. 7538, Art. 18 Training institution: means the institutions and organisations authorised by the Ministry to provide training pursuant to this Law and the provisions of secondary legislation issued on the basis of this Law,

e) Young employee: means the employee who has completed the age of fifteen but has not yet completed the age of eighteen,

f) Amended: 12/7/2013, Law No. 6495, Art. 101 Occupational safety specialist: means the inspectors supervising working life at the Ministry and its related organisations, graduates of faculties providing engineering or architecture education, and technical staff, who are authorised by the Ministry to work in the field of occupational health and safety in accordance with the procedures and principles determined by regulation and who hold an occupational safety specialist certificate,

g) Occupational accident: means an event occurring at the workplace or by reason of the conduct of work which causes death or renders the bodily integrity mentally or physically disabled,

ğ) Employer: means the natural or legal person, or institutions and organisations without legal personality, that employ employees,

h) Workplace: means the organisation in which the tangible and intangible elements and the employee are organised together for the purpose of producing goods or services, including places attached to the workplace which are related in nature to the goods or services produced by the employer at the workplace and organised under the same management, as well as other annexes and vehicles such as places for rest, breastfeeding, meals, sleep, washing, examination and care, physical and vocational training, and courtyards,

ı) Workplace physician: means the physician authorised by the Ministry to work in the field of occupational health and safety and holding a workplace physician certificate,

i) Workplace health and safety unit: means the unit established to carry out occupational health and safety services at the workplace and having the necessary equipment and personnel,

j) Council: means the National Occupational Health and Safety Council,

k) Board: means the occupational health and safety board,

1) Occupational disease: means a disease arising as a result of exposure to occupational risks,

m) Joint health and safety unit: means the unit established by public institutions and organisations, organised industrial zones and companies operating under the Turkish Commercial Code to provide occupational health and safety services to workplaces, having the necessary equipment and personnel and authorised by the Ministry,

n) Prevention: means all of the measures planned and taken in all stages of the work carried out at the workplace in order to eliminate or reduce risks relating to occupational health and safety,

o) Risk: means the probability of loss, injury or other harmful consequence arising from a hazard,

ö) Risk assessment: means the work required to be carried out for the purpose of identifying hazards existing at the workplace or which may come from outside, analysing and rating the factors causing these hazards to turn into risks and the risks arising from hazards, and deciding on control measures,

p) Hazard: means the potential for harm or damage existing at the workplace or which may come from outside and which may affect the employee or the workplace,

r) Hazard class: means the hazard group determined for the workplace from the perspective of occupational health and safety, taking into account the nature of the work performed, the substances used or arising in every stage of the work, work equipment, production methods and forms, working environment and conditions, and other related matters,

s) Amended: 12/7/2013, Law No. 6495, Art. 101 Technical staff: means persons holding the title of technical teacher, physicist, chemist or biologist, and graduates of occupational health and safety programmes of universities,

ş) Amended: 9/1/2025, Law No. 7538, Art. 18 Other health personnel: means persons authorised by the Ministry to be assigned in occupational health and safety services, holding an other health personnel certificate, and holding a diploma as midwife, nurse, health officer, emergency medical technician (tekniker), emergency medical technician (teknisyen), environmental health technician (tekniker) or environmental health technician (teknisyen),

t) Added: 9/1/2025, Law No. 7538, Art. 18 Employee health centre (ÇASMER): means the unit attached to the Ministry of Health, authorised by the Ministry under this Law to provide occupational health and safety services to workplaces, and having the necessary equipment and personnel,

u) Added: 9/1/2025, Law No. 7538, Art. 18 Equipment inspection body: means the bodies authorised by the Ministry to carry out maintenance or inspection, testing and control of all kinds of machinery, tools, equipment, installations, fittings, devices and protective systems used in performing work, from the perspective of occupational health and safety, for the purpose of ensuring and maintaining their use in conformity with the legislation and the relevant standards and control criteria,

(these terms shall have the meanings set out above).

(2) Employer's representatives who act on behalf of the employer and take part in the management of the work and the workplace shall be deemed employers for the purposes of the application of this Law.

(1) The employer is obliged to ensure the health and safety of employees in relation to work and, within this framework, the employer shall:

a) Take all kinds of measures, including the prevention of occupational risks and the provision of training and information, establish the organisation, provide the necessary tools and equipment, adapt health and safety measures to changing conditions and carry out work to improve the existing situation.

b) Monitor and inspect whether the occupational health and safety measures taken at the workplace are complied with and ensure that non-conformities are eliminated.

c) Carry out or have carried out a risk assessment.

ç) When assigning a task to an employee, take into account the employee's suitability for the work in terms of health and safety.

d) Take the necessary measures to ensure that employees other than those who have been given adequate information and instructions do not enter places where there is a vital and special danger.

(2) Obtaining services from expert persons and organisations outside the workplace shall not remove the responsibilities of the employer.

(3) The obligations of employees in the field of occupational health and safety shall not affect the responsibilities of the employer.

(4) The employer may not pass on the cost of occupational health and safety measures to employees.

(1) The following principles shall be taken into account in the fulfilment of the employer's obligations:

a) Avoiding risks.

b) Analysing risks which cannot be avoided.

c) Combating risks at source.

ç) Taking care in the design of workplaces and in the selection of work equipment, working methods and production methods in order to adapt the work to the individual, in particular preventing or, where this cannot be prevented, minimising the adverse effects of monotonous work and production pace on health and safety.

d) Adapting to technical progress.

e) Replacing the dangerous by the non-dangerous or the less dangerous.

f) Developing a coherent and overall prevention policy covering the effects of factors relating to technology, work organisation, working conditions, social relationships and the working environment.

g) Giving collective protective measures priority over individual protective measures.

ğ) Giving appropriate instructions to employees.

(1) For the provision of occupational health and safety services, which shall also cover activities aimed at the prevention of occupational risks and protection from such risks, the employer shall:

a) Assign from among its employees an occupational safety specialist, a workplace physician and, at workplaces in the very hazardous class with ten or more employees, other health personnel. Where there is no personnel having the determined qualifications among its employees, the employer may fulfil all or part of this service by obtaining services from joint health and safety units or ÇASMERs. However, where the employer has the determined qualifications and the necessary certificate, the employer may undertake the performance of this service itself, taking into account the hazard class and the number of employees. Added sentence: 10/9/2014, Law No. 6552, Art. 16 Employers or employer's representatives of workplaces in the less hazardous class with fewer than 50 employees who do not have the determined qualifications and the necessary certificate may carry out occupational health and safety services, except for pre-employment and periodic examinations and tests, provided that they complete the training announced by the Ministry.

b) Meet all necessary needs, such as tools, equipment, premises and time, of the persons it assigns or of the institutions and organisations from which it obtains services, so that they can perform their duties.

c) Ensure cooperation and coordination among those carrying out health and safety services at the workplace.

ç) Implement the measures which are in conformity with the occupational health and safety legislation and notified in writing by the persons it assigns or by the institutions and organisations from which it obtains services.

d) Inform the persons it assigns or the institutions and organisations from which it obtains services, employees coming from other workplaces to work at its workplace, and their employers, about matters known or likely to affect the health and safety of employees.

(2) Public institutions and organisations within the scope of the Public Procurement Law No. 4734 dated 4/1/2002 may obtain occupational health and safety services directly from revolving-fund organisations belonging to the Ministry of Health, or may obtain them within the framework of the provisions of Law No. 4734.

(3) At workplaces where a full-time workplace physician is assigned, the assignment of other health personnel is not mandatory.

(4) Added: 10/9/2014, Law No. 6552, Art. 16 In determining the duration of assignment to be made under subparagraph (a) of paragraph 1, apprentices and interns having student status within the scope of the Vocational Education Law No. 3308 dated 5/6/1986 and the Higher Education Law No. 2547 dated 4/11/1981 shall not be included in the total number of employees.

(5) Added: 9/1/2025, Law No. 7538, Art. 19 The procedures and principles concerning the application of this Article shall be determined by the Ministry.

(1) For the performance of occupational health and safety services, support may be provided by the Ministry under the following conditions:

a) Workplaces in the very hazardous and hazardous classes with fewer than ten employees, excluding public institutions and organisations, may benefit. However, the President of the Republic may decide that workplaces in the less hazardous class with fewer than ten employees may also benefit.

b) Expenses shall be financed by the Social Security Institution by transferring resources from the premiums collected for the short-term insurance branches in respect of occupational accidents and occupational diseases.

c) In implementation, the records of the Social Security Institution shall be taken as the basis.

ç) In controls and inspections carried out pursuant to this Law and other legislation, payments made up to the date of determination shall be collected by the Social Security Institution, together with the statutory interest, from employers who are found not to have made insurance notifications for the persons they employ, and employers in this situation may not benefit from the support provided for a period of three years.

d) The Ministry is authorised to remove any doubts that may arise concerning implementation, to guide implementation and to resolve any problems that may arise.

(2) The following matters and the procedures and principles relating to them shall be determined by regulation issued by the Ministry upon obtaining the favourable opinion of the Ministry of Finance:

a) Implementation of the support to be provided for the performance of occupational health and safety services.

b) Taking into account the characteristics of workplaces with fewer than ten employees to which support will be provided; determination of the occupational health and safety service fees to be paid by the Social Security Institution, the portion to be supported and the manner of payment.

c) The conditions to be met by workplaces that may benefit from the support.

ç) The characteristics of the organisations that will provide occupational health and safety services.

(3) For the purpose of ensuring effectiveness and continuity, the Ministry may cooperate with the Ministry of Health, the Ministry of Science, Industry and Technology and the relevant professional organisations.

(1) The rights and powers of workplace physicians and occupational safety specialists may not be restricted by reason of their performance of their duties. These persons shall carry out their duties in accordance with the ethical principles required by the profession and with professional independence.

(2) Amended: 4/4/2015, Law No. 6645, Art. 1 The workplace physician and occupational safety specialist assigned to provide guidance and consultancy to the employer on matters relating to occupational health and safety shall, taking into account the legislation and technical developments relating to their duties at the workplace where they serve, identify deficiencies and shortcomings, measures and recommendations relating to occupational health and safety and notify them to the employer in writing. The employer is responsible for remedying the deficiencies and shortcomings and for implementing the measures and recommendations. Where the notified deficiencies and shortcomings require an emergency stop or present an urgent and vital danger such as fire, explosion, collapse, chemical leakage and the like, or where, despite the existence of environments that may cause occupational disease, the necessary measures are not taken by the employer, this situation shall be notified by the workplace physician, the occupational safety specialist and/or the management of the joint health and safety unit to the competent unit of the Ministry and to the authorised trade union representative, if any, or otherwise to the employee representative. The certificate of a workplace physician or occupational safety specialist found not to have made the notification shall be suspended for three months, and for six months in case of repetition; the authorisation certificate of a joint health and safety unit shall be suspended for six months, and for one year in case of repetition. The employment contract of the workplace physician or occupational safety specialist may not be terminated by the employer by reason of this notification, and these persons may not be subjected to any loss of rights in any manner whatsoever. Otherwise, compensation of not less than the amount of one year's contractual wage shall be awarded against the employer. The rights of the workplace physician or occupational safety specialist under labour laws and other laws are reserved. The certificate of a person who is established by court decision, in an action brought, to have made an untrue notification in bad faith shall be suspended for six months.

(3) Service-providing organisations, workplace physicians and occupational safety specialists shall be liable to the employer to whom they provide services for their negligence in carrying out occupational health and safety services.

(4) The authorisation certificate of a workplace physician or occupational safety specialist whose negligence is established in the occurrence of an occupational accident or occupational disease causing impairment of bodily integrity resulting in the death or disability of an employee shall be suspended.

(5) In order for occupational safety specialists to be able to take up duties, they are required to hold a class (A) occupational safety specialist certificate at workplaces in the very hazardous class, at least a class (B) certificate at workplaces in the hazardous class, and at least a class (C) certificate at workplaces in the less hazardous class. The Ministry may make special arrangements in the sectoral field concerning the assignment of occupational safety specialists and workplace physicians. Added sentence: 4/4/2015, Law No. 6645, Art. 1 Within the framework of sectoral arrangements, the procedures and principles for determining, in the mining and construction sectors and other sectors, occupational safety specialists of which professional title shall work as a priority and the occupational safety specialists of other professions who will work alongside them, shall be determined by the Ministry.

(6) In cases where the workplace physician and occupational safety specialist are required to be assigned on a full-time basis due to the determined working time, the employer shall establish a workplace health and safety unit. In this case, without prejudice to the provisions of the laws to which the employees are subject, the weekly working time determined in accordance with the Labour Law No. 4857 dated 22/5/2003 shall be taken into account.

(7) Personnel employed in public institutions and organisations in accordance with the relevant legislation and having the qualifications to be a workplace physician or occupational safety specialist may, provided that they hold the necessary certificate, be assigned, in addition to their principal duties and in compliance with the determined working time, at the institution where they work or, with the consent of the relevant personnel and the approval of the top manager, at other public institutions and organisations. Personnel assigned in this manner shall be paid, for each hour of duty, an additional payment equal to the product of the indicator figure (200) multiplied by the civil servant monthly coefficient, by the institution receiving the service. No deduction other than stamp duty shall be made from this payment. In additional payments relating to assignments in this situation, assignments exceeding a monthly total of eighty hours shall not be taken into account, provided that daily working hours are observed.

(8) Without prejudice to the provisions of legislation concerning full-time work in public health services, the restrictive provisions of other laws shall not apply to the assignment of workplace physicians and other health personnel to workplace health and safety units and joint health and safety units, or to the performance of their duties, limited to the employees at the workplaces served.

(1) Workplace hazard classes shall be determined by a communiqué to be issued by the Ministry, in line with the opinions of the commission formed by the relevant parties under the chairmanship of the Director General of Occupational Health and Safety, also taking into account the short-term insurance branches premium tariff determined pursuant to Article 83 of the Social Insurance and General Health Insurance Law No. 5510 dated 31/5/2006.

(2) In determining workplace hazard classes, the main work carried out at that workplace shall be taken into account.

(1) The employer is obliged to carry out or have carried out a risk assessment in terms of occupational health and safety. In carrying out the risk assessment, the following matters shall be taken into account:

a) The situation of employees who will be affected by particular risks.

b) The selection of work equipment to be used and of chemical substances and preparations.

c) The layout and arrangement of the workplace.

ç) The situation of groups requiring special policy, such as young, elderly, disabled, pregnant or breastfeeding employees, and of female employees.

(2) The employer shall determine the occupational health and safety measures to be taken and the protective equipment or gear to be used as a result of the risk assessment to be carried out.

(3) The occupational health and safety measures, working methods and production methods to be applied at the workplace shall raise the level of protection of employees in terms of health and safety and shall be applicable at every level of the administrative structure of the workplace.

(4) The employer shall ensure that the necessary controls, measurements, examinations and research are carried out in terms of occupational health and safety in order to determine the working environment and the risks to which employees are exposed in that environment.

(1) The employer shall:

a) By assessing in advance the emergencies that may arise, taking into account the working environment, the substances used, the work equipment and the environmental conditions, identify the emergencies that may possibly and probably affect employees and the working environment, and take measures to prevent and limit their adverse effects.

b) Carry out the necessary measurements and assessments in order to provide protection against the adverse effects of emergencies, and prepare emergency plans.

c) For the purpose of dealing with emergencies, taking into account the size of the workplace and the specific hazards it involves, the nature of the work performed, the number of employees and the other persons present at the workplace, assign a sufficient number of persons who have appropriate equipment and are trained in prevention, protection, evacuation, firefighting, first aid and similar matters, provide tools and equipment, have training and drills carried out, and ensure that the teams are ready at all times.

ç) Make the necessary arrangements to ensure liaison with organisations outside the workplace, particularly in matters of first aid, emergency medical intervention, rescue and firefighting.

(1) In the event of serious, imminent and unavoidable danger, the employer shall:

a) Make the necessary arrangements in advance and give the necessary instructions to employees so that employees can stop work and immediately leave their workstations and proceed to a safe place.

b) Where the situation persists, not ask employees, other than those who have the necessary equipment and have been specially assigned, to resume their work unless it is compulsory.

(2) The employer shall enable employees, in situations where they are faced with serious and imminent danger to their own safety or that of other persons and are unable to notify their superior immediately, to intervene within the scope of their knowledge and the available technical equipment in order to prevent undesirable consequences. In such a case, employees shall not be held liable for their intervention unless they have acted negligently or carelessly.

(1) Employees faced with serious and imminent danger may apply to the committee, or to the employer at workplaces where there is no committee, and request that the situation be determined and that a decision be taken on the adoption of the necessary measures. The committee, by convening urgently, and the employer, immediately, shall take a decision and record the situation in minutes. The decision shall be notified in writing to the employee and to the employee representative.

(2) Where the committee or the employer decides in line with the employee's request, the employee may refrain from working until the necessary measures are taken. The wages of employees for the period during which they refrain from working, and their other rights arising from laws and from the employment contract, are reserved.

(3) In situations where the serious and imminent danger is unavoidable, employees shall leave the workplace or the dangerous area and proceed to the designated safe place without being required to comply with the procedure in paragraph 1. The rights of employees may not be restricted on account of these actions.

(4) Employees working under an employment contract may, in cases where the necessary measures are not taken despite their request, terminate their employment contracts in accordance with the provisions of the law to which they are subject. Public personnel working under a collective agreement or a collective labour agreement shall be deemed to have actually worked during the period in which they did not work pursuant to this Article.

(5) Where work is suspended at the workplace pursuant to Article 25 of this Law, the provisions of this Article shall not apply.

(1) The employer shall:

a) Keep a record of all occupational accidents and occupational diseases, carry out the necessary investigations and draw up reports relating to them.

b) Investigate incidents occurring at the workplace which, although they do not cause injury or death, cause damage to the workplace or work equipment or have the potential to cause damage to employees, the workplace or work equipment, and draw up reports relating to them.

(2) The employer shall notify the Social Security Institution within the period specified in the following cases:

a) Occupational accidents, within three working days following the accident.

b) Occupational diseases notified to the employer by health service providers or by the workplace physician, within three working days from the date on which the employer learns of them.

(3) The workplace physician or health service providers shall refer cases in which they have made a preliminary diagnosis of occupational disease to health service providers authorised by the Social Security Institution.

(4) Health service providers shall notify the Social Security Institution of occupational accidents referred to them, and authorised health service providers shall notify it of cases in which they have diagnosed an occupational disease, within ten days at the latest.

(5) The procedures and principles concerning the implementation of this Article shall be determined by the Ministry upon obtaining the favourable opinion of the Ministry of Health.

(1) The employer shall:

a) Ensure that employees are subject to health surveillance, taking into account the health and safety risks to which they will be exposed at the workplace.

b) Be obliged to ensure that employees undergo medical examinations in the following cases:

1) Upon commencing employment.

2) Upon a change of job.

3) Upon their return to work after repeated absences from work due to an occupational accident, occupational disease or health reasons, if they so request.

4) Throughout the continuation of the work, at regular intervals determined by the Ministry according to the nature of the employee and of the work and the hazard class of the workplace.

(2) Persons who are to work in jobs in the hazardous and very hazardous classes may not be put to work without a health report stating that they are fit for the work they are to perform.

(3) Amended first sentence: 10/9/2014, Law No. 6552, Art. 17 Health reports required to be obtained under this Law shall be obtained from the workplace physician. For workplaces with fewer than 50 employees and in the less hazardous class, however, they may also be obtained from occupational diseases hospitals (ÇASMER), family physicians or other public health service providers. Objections to reports shall be made to the referee hospitals designated by the Ministry of Health, and the decisions rendered shall be final.

(4) The cost arising from health surveillance and any additional cost arising from such surveillance shall be borne by the employer and may not be passed on to the employee.

(5) For the protection of the private life and reputation of the employee who has undergone a medical examination, health information shall be kept confidential.

(1) For the purpose of ensuring and maintaining occupational health and safety at the workplace, the employer shall inform employees and employee representatives on the following matters, also taking into account the characteristics of the workplace:

a) The health and safety risks that may be encountered at the workplace, and protective and preventive measures.

b) Their legal rights and responsibilities.

c) The persons assigned to first aid, extraordinary situations, disasters, firefighting and evacuation tasks.

(2) The employer shall:

a) Immediately inform all employees who are exposed to, or at risk of being exposed to, the serious and imminent danger specified in Article 12 about the hazards and the measures taken and to be taken against the risks arising from them.

b) Provide the necessary information to the employers of employees coming to its workplace from other workplaces to work, in order to ensure that such employees receive the information specified in paragraph 1.

c) Ensure that support personnel and employee representatives have access to the information obtained from risk assessment, protective and preventive measures relating to occupational health and safety, measurements, analyses, technical inspections, records, reports and inspections.

(1) The employer shall ensure that employees receive occupational health and safety training. This training shall be provided in particular before starting work, upon a change of workstation or job, in the event of a change of work equipment or in the event of the introduction of new technology. Training shall be renewed in line with changing and newly emerging risks and repeated when necessary and at regular intervals.

(2) Employee representatives shall receive specific training.

(3) In jobs in the hazardous and very hazardous classes for which vocational training is compulsory, persons who cannot document that they have received vocational training relating to the work they are to perform may not be employed.

(4) An employee who has suffered an occupational accident or contracted an occupational disease shall, before starting work, be given additional training on the causes of the accident or occupational disease in question, means of protection and safe working methods. In addition, persons who have been absent from work for more than six months for any reason shall be given refresher training before being put back to work.

(5) At workplaces in the hazardous and very hazardous classes, employees coming from other workplaces to work may not be put to work without a document certifying that they have received training containing sufficient information and instructions on the health and safety risks to be encountered in the work to be performed.

(6) The employer with whom a temporary employment relationship is established shall ensure that the employee is given the necessary training against occupational health and safety risks.

(7) The cost of the training to be provided under this Article may not be passed on to employees. The time spent in training shall be counted as working time. Where the duration of training exceeds the weekly working time, such periods shall be treated as work for extended hours or as overtime.

(1) With regard to consultation and ensuring participation, the employer shall provide employees, or, at workplaces with two or more employee representatives, the authorised trade union representatives of the workplace, if any, and otherwise the employee representatives, with the following opportunities:

a) Being consulted on matters relating to occupational health and safety, being granted the right to make proposals, and being involved and participating in discussions on these matters.

b) Being consulted on the introduction of new technologies, the work equipment to be selected, and the effect of the working environment and conditions on the health and safety of employees.

(2) The employer shall ensure that support personnel and employee representatives are consulted in advance on the following matters:

a) The assignment of the workplace physician, occupational safety specialist and other personnel to be assigned from within the workplace or whose services are to be procured from outside the workplace, and the assignment of persons for first aid, firefighting and evacuation tasks.

b) The determination, by carrying out a risk assessment, of the protective and preventive measures to be taken and the protective equipment and gear to be used.

c) The prevention of health and safety risks and the conduct of protective services.

ç) The informing of employees.

d) The planning of the training to be provided to employees.

(3) The rights of employees or employee representatives may not be restricted on account of their applying to the competent authority in cases where the measures taken for occupational health and safety at the workplace are inadequate, or during an inspection.

(1) Employees shall be obliged, in accordance with the training they have received on occupational health and safety and the employer's instructions on this matter, not to endanger their own health and safety or that of other employees affected by their actions or by the work they perform.

(2) The obligations of employees, in accordance with the training and instructions given by the employer, are as follows:

a) To use the machinery, devices, tools, equipment, dangerous substances, transport equipment and other means of production at the workplace in accordance with the rules, to use their safety devices correctly, and not to remove or alter them arbitrarily.

b) To use correctly and protect the personal protective equipment provided to them.

c) To inform the employer or the employee representative immediately when they encounter a serious and imminent danger in terms of health and safety in the machinery, devices, tools, equipment, installations and buildings at the workplace, and when they observe a deficiency in the protective measures.

ç) To cooperate with the employer and the employee representative in remedying the deficiencies and breaches of legislation identified at the workplace by the authority competent to inspect.

d) To cooperate with the employer and the employee representative, within their own area of duty, in ensuring occupational health and safety.

(1) The employer shall, taking into consideration the risks and the number of employees in the various sections of the workplace and taking care to ensure a balanced distribution, assign employee representatives in the numbers specified below, through an election to be held among the employees or, where they cannot be determined by election, by appointment:

a) One at workplaces with between two and fifty employees.

b) Two at workplaces with between fifty-one and one hundred employees.

c) Three at workplaces with between one hundred and one and five hundred employees.

ç) Four at workplaces with between five hundred and one and one thousand employees.

d) Five at workplaces with between one thousand and one and two thousand employees.

e) Six at workplaces with two thousand and one or more employees.

(2) Where there is more than one employee representative, the chief representative shall be determined by an election to be held among the employee representatives.

(3) Employee representatives shall have the right to make proposals to the employer and to request the employer to take the necessary measures for the elimination of the source of danger or the reduction of the risk arising from the danger.

(4) The rights of employee representatives and support personnel may not be restricted on account of their performing their duties, and the necessary facilities shall be provided by the employer to enable them to fulfil their duties.

(5) Where there is an authorised trade union at the workplace, the workplace trade union representatives shall also serve as employee representatives.

(1) The Council has been established to make recommendations for the determination of policies and strategies relating to occupational health and safety throughout the country.

(2) Repealed: 2/7/2018, Decree-Law No. 703, Art. 210

(3) Repealed: 2/7/2018, Decree-Law No. 703, Art. 210

(4) Repealed: 2/7/2018, Decree-Law No. 703, Art. 210

(5) Repealed: 2/7/2018, Decree-Law No. 703, Art. 210

(6) Repealed: 2/7/2018, Decree-Law No. 703, Art. 210

(7) Repealed: 2/7/2018, Decree-Law No. 703, Art. 210

(1) At workplaces with fifty or more employees where continuous work lasting more than six months is carried out, the employer shall establish a committee to carry out activities relating to occupational health and safety. The employer shall implement the committee decisions that comply with occupational health and safety legislation.

(2) In cases where there is a principal employer and subcontractor relationship lasting more than six months:

a) If committees have been established separately by the principal employer and the subcontractor, cooperation and coordination in the conduct of activities and the implementation of decisions shall be ensured by the principal employer.

b) If a committee has been established by the principal employer, the subcontractor that is not required to establish a committee shall appoint a representative authorised by proxy to ensure coordination.

c) The principal employer that is not required to establish a committee at the workplace shall appoint a representative authorised by proxy to the committee established by the subcontractor in order to ensure cooperation and coordination.

ç) If the total number of employees of the principal employer and the subcontractor, neither of which is required to establish a committee, exceeds fifty, a committee shall be established jointly by the principal employer and the subcontractor, provided that its coordination is carried out by the principal employer.

(3) Where there is more than one employer in the same working area and more than one committee has been established by these employers, the employers shall inform the other employers of committee decisions that may affect each other's work.

(1) Where more than one employer shares the same working area, the employers shall cooperate in the implementation of occupational hygiene and occupational health and safety measures, shall carry out, in coordination and taking into account the nature of the work performed, activities for the prevention of and protection against occupational risks, and shall inform each other and the employee representatives about these risks.

(2) In places such as business centres, office blocks, industrial zones or industrial estates where there is more than one workplace, coordination in matters of occupational health and safety shall be ensured by the management. The management shall warn employers to take the necessary measures regarding hazards at their workplaces that, in terms of occupational health and safety, may affect other workplaces. It shall report to the Ministry the employers who do not comply with these warnings.

(1) Monitoring and inspection of the implementation of the provisions of this Law shall be carried out by the Ministry's labour inspectors authorised to carry out inspections in terms of occupational health and safety. In inspections and investigations to be carried out under this Law, Articles 92, 93, 96, 97 and 107 of Law No. 4857 shall apply.

(2) Repealed: 25/1/2024, Law No. 7495, Art. 8

(3) Procedures relating to the subject and results of the supervision and inspection of military workplaces and of workplaces producing materials necessary for national security shall be carried out in accordance with a regulation to be prepared jointly by the Ministry of National Defence and the Ministry.

Added: 25/1/2024, Law No. 7495, Art. 9

(1) The Ministry is authorised to carry out examination, authorisation, control and supervision at training institutions, joint health and safety units, equipment inspection bodies, and occupational hygiene measurement, testing and analysis laboratories within the scope of this Law. Examination, control and supervision on behalf of the Ministry shall be carried out by labour experts and assistant labour experts and by personnel holding the titles of engineer, physicist, chemist, biologist and physician serving in the General Directorate of Occupational Health and Safety. Personnel assigned under this Article shall be obliged, during examination, control and supervision, to avoid disrupting work as far as possible and to keep the professional secrets of the employer and the workplace and the matters they see and learn entirely confidential. The necessary facilities shall be provided to the assigned personnel by the employer or the employees. The procedures and principles relating to this paragraph shall be regulated by the Ministry.

(2) Where Ministry personnel performing duties under this Article need the assistance of law enforcement forces, they shall, except in the case of military workplaces, refer the matter to the relevant local administrative chief. If, as a result of the assessment to be made within the framework of the powers conferred by the Provincial Administration Law No. 5442 of 10/6/1949 and the Law No. 2559 of 4/7/1934 on the Duties and Powers of the Police, the local administrative chief finds the request appropriate, he or she shall assign a sufficient number of law enforcement officers.

(3) The provision of paragraph (b) of Article 33 of the Travel Allowance Law No. 6245 of 10/2/1954 shall apply to persons assigned for examination, control and supervision under this Article.

(1) Where a matter posing a life-threatening danger to employees is identified in the buildings and annexes of the workplace, in the working methods and manners, or in the work equipment, work shall be stopped in part or all of the workplace until that danger is eliminated, taking into account the nature of the life-threatening danger and the area and employees that may be affected by the risk arising from that danger. Furthermore, in workplaces where mining, metal and construction works classified in the very hazardous class and works involving hazardous chemicals are carried out, or where major industrial accidents may occur, work shall be stopped if a risk assessment has not been carried out.

(2) A board composed of three labour inspectors authorised to carry out inspections in respect of occupational health and safety may, upon the finding of a labour inspector authorised to carry out inspections in respect of occupational health and safety, conduct the necessary examinations and decide to stop the work within two days from the date of the finding. However, where the matter identified requires urgent intervention, the labour inspector who made the finding shall stop the work, such stoppage remaining valid until a decision is taken by the board.

(3) The decision to stop the work shall be sent within one day to the competent local administrative chief and to the provincial directorate of the Labour and Employment Agency where the workplace file is kept. The decision to stop the work shall be executed by the local administrative chief through the law enforcement forces within twenty-four hours. However, a decision to stop the work issued because the matter identified requires urgent intervention shall be executed by the local administrative chief through the law enforcement forces on the same day.

(4) The employer may object to the decision to stop the work before the competent labour court within six working days from the date of its execution. The objection shall not affect the implementation of the decision to stop the work. The court shall hear the objection with priority and decide on it within six working days. The court decision shall be final.

(5) Where the employer notifies the Ministry in writing that the matters requiring the stoppage of work have been eliminated, an inspection shall be carried out at the workplace within seven days at the latest and the employer's request shall be concluded.

(6) The employer shall be obliged to pay the wages of employees who are left without work due to the stoppage of work or to give them another job in accordance with their occupation or situation without any reduction in their wages.

(7) Added: 4/4/2015, Law No. 6645, Art. 2 In works classified in the very hazardous class and obtained through public tender, working methods that create a life-threatening danger due to production pressure, by acting contrary to production and/or manufacturing plans and work programmes without ensuring certain elements such as technological development, an increase in workforce capacity and innovation in production methods, shall be deemed a ground for stopping the work.

(8) Added: 4/4/2015, Law No. 6645, Art. 2 Employers or employer's representatives who cause work to be carried out without permission in works stopped at the workplace shall be sentenced to imprisonment from three to five years.

Added: 4/4/2015, Law No. 6645, Art. 3

An employer whose fault is established by a judicial decision in mining workplaces where a fatal occupational accident has occurred shall be prohibited by the court from participating in public tenders for a period of two years, together with the persons listed in the second paragraph of Article 26 of the Public Procurement Contracts Law No. 4735 dated 5/1/2002. A copy of the decision shall be sent to the Public Procurement Authority to be entered in the employer's record and shall be announced on the Authority's website.

(1) An administrative fine shall be imposed as follows under this Law:

a) on an employer who fails to fulfil the obligations set out in subparagraphs (a) and (b) of paragraph 1 of Article 4, two thousand Turkish Liras separately for each obligation,

b) on an employer who fails to assign an occupational safety specialist or workplace physician with the qualifications determined pursuant to paragraph 1 of Article 6, five thousand Turkish Liras for each person not assigned and the same amount for each month during which the contravention continues; on an employer who fails to assign other health personnel, two thousand five hundred Turkish Liras and the same amount for each month during which the contravention continues; on an employer who fails to fulfil the obligations set out in subparagraphs (b), (c) and (d) of the same paragraph, one thousand five hundred Turkish Liras separately for each violation; on an employer who acts contrary to subparagraph (ç), one thousand Turkish Liras separately for each measure not fulfilled,

c) on an employer who acts contrary to paragraphs 1 and 6 of Article 8, one thousand five hundred Turkish Liras separately for each violation,

ç) on an employer who does not carry out or cause to be carried out a risk assessment pursuant to paragraph 1 of Article 10, three thousand Turkish Liras and four thousand five hundred Turkish Liras for each month during which the contravention continues; on an employer who fails to fulfil the obligations set out in paragraph 4 thereof, one thousand five hundred Turkish Liras,

d) on an employer who acts contrary to the provisions of Articles 11 and 12, one thousand Turkish Liras for each obligation not complied with and the same amount for each month during which the contravention continues,

e) on an employer who fails to fulfil the obligations set out in paragraph 1 of Article 14, one thousand five hundred Turkish Liras separately for each obligation; on an employer who fails to fulfil the obligations set out in paragraph 2 thereof, two thousand Turkish Liras; on health service providers or authorised health service providers that fail to fulfil the obligations set out in paragraph 4 thereof, two thousand Turkish Liras,

f) on an employer who fails to fulfil the obligations set out in paragraphs 1 and 2 of Article 15, one thousand Turkish Liras for each employee not subjected to health surveillance or for whom a health report has not been obtained,

g) on an employer who fails to fulfil the obligations set out in Article 16, one thousand Turkish Liras for each employee not informed,

ğ) Amended: 4/4/2015, Law No. 6645, Art. 4 on an employer who fails to fulfil the obligations set out in Article 17, five hundred Turkish Liras per employee separately for each contravention,

h) on an employer who fails to fulfil the obligations set out in Article 18, one thousand Turkish Liras separately for each contravention,

ı) on an employer who fails to fulfil the obligations set out in paragraphs 1 and 4 of Article 20, one thousand Turkish Liras; on an employer who fails to fulfil the obligations set out in paragraph 3 thereof, one thousand five hundred Turkish Liras,

i) on an employer who fails to fulfil the obligations set out in Article 22, two thousand Turkish Liras separately for each contravention,

j) on managements that fail to fulfil the notification obligations set out in paragraph 2 of Article 23, five thousand Turkish Liras,

k) on an employer who obstructs the carrying out of measurements, examinations and research, the taking of samples, or the control and supervision of training institutions and joint health and safety units, on matters relating to occupational health and safety set out in paragraph 1 of Article 24/A, five thousand Turkish Liras,

1) Amended: 4/4/2015, Law No. 6645, Art. 4 on an employer who fails to fulfil the obligations set out in paragraph 6 of Article 25, one thousand Turkish Liras for each employee affected by the violation and the same amount for each month during which the contravention continues,

m) as set out in Article 29, on an employer who fails to prepare a major accident prevention policy document, fifty thousand Turkish Liras; on an employer who puts a workplace into operation without preparing a safety report and submitting it to the Ministry for evaluation, opens a workplace whose operation has not been permitted by the Ministry, or continues activity in a workplace that has been stopped, eighty thousand Turkish Liras,

n) on an employer who fails to fulfil the obligations set out in the regulations provided for in Article 30, one thousand Turkish Liras monthly for each provision not complied with, from the date on which it is identified,

o) Added: 4/4/2015, Law No. 6645, Art. 4 on employers who fail to provide their employees with personal protective equipment that complies with the standards and bears the CE marking, five hundred Turkish Liras per employee,

ö) Added: 4/4/2015, Law No. 6645, Art. 4 on employers who fail to install, in underground mining enterprises, a tracking system showing the location of employees and their entries and exits, five hundred Turkish Liras per employee,

shall be imposed as an administrative fine.

(2) Amended: 4/4/2015, Law No. 6645, Art. 4 The administrative fines set out in this Law, except for the administrative fines to be imposed on those who fail to fulfil the notification obligation set out in Article 14, shall be imposed, with the reasons stated, by the provincial director of the Labour and Employment Agency. The administrative fines collected, except for the administrative fines imposed on those who fail to fulfil the notification obligation set out in Article 14, shall be recorded as revenue to the general budget. The administrative fines to be imposed on those who fail to fulfil the notification obligation set out in Article 14 shall be imposed directly by the Social Security Institution. The provisions of Article 102 of Law No. 5510 shall apply to the service, objection and collection of the administrative fines imposed by the Social Security Institution. Other administrative fines imposed shall be paid within thirty days from their service. Administrative fines may also be issued in the name of public institutions and organisations that do not have legal personality.

(3) Added: 4/4/2015, Law No. 6645, Art. 4 The administrative fines set out in this Article shall be applied:

a) for workplaces with fewer than ten employees:

1) for those classified in the less hazardous class, in the same amount,

2) for those classified in the hazardous class, increased by twenty-five percent,

3) for those classified in the very hazardous class, increased by fifty percent,

b) for workplaces with ten to forty-nine employees:

1) for those classified in the less hazardous class, in the same amount,

2) for those classified in the hazardous class, increased by fifty percent,

3) for those classified in the very hazardous class, increased by one hundred percent,

c) for workplaces with fifty or more employees:

1) for those classified in the less hazardous class, increased by fifty percent,

2) for those classified in the hazardous class, increased by one hundred percent,

3) for those classified in the very hazardous class, increased by two hundred percent,

as indicated above.

(4) Added: 4/4/2015, Law No. 6645, Art. 4 Where work is stopped, the relevant administrative fine shall not be imposed for the act that caused the stoppage.

(5) Added: 4/4/2015, Law No. 6645, Art. 4 The provisions of paragraph 3 shall not apply to administrative fines imposed by multiplying by the number of employees.

(6) Added: 4/4/2015, Law No. 6645, Art. 4 The administrative fines collected under this Law, except for the administrative fines imposed on those who fail to fulfil the notification obligation set out in Article 14, shall be used for expenditures relating to training and research and development projects concerning occupational health and safety. The appropriation needed for this purpose shall be provided for in the Ministry's budget. The procedures and principles concerning the use of that appropriation shall be determined jointly by the Ministry and the Ministry of Finance.

(1) Without prejudice to the provisions of the laws to which employees are subject, in cases where this Law contains no provision, the provisions of Law No. 4857 that are not contrary to this Law shall apply.

(2) Documents drawn up under this Law shall be exempt from stamp duty, and transactions under this Law shall be exempt from fees.

(3) The Ministry may request and archive, through electronic and similar media, any document or information relating to work and transactions to be carried out under this Law, and may grant approvals, authorisations, information and documents through such media.

(1) It is prohibited to come to the workplace drunk or under the influence of narcotic substances and to consume alcoholic beverages or narcotic substances at the workplace.

(2) The employer has the authority to determine in which cases, at what times and under what conditions alcoholic beverages may be consumed in the parts deemed to be annexes of the workplace.

(3) The prohibition on consuming alcoholic beverages shall not apply to the following employees:

a) Those working in workplaces where alcoholic beverages are produced and who are assigned, as a requirement of the work, to inspect what is produced.

b) Those who, as a requirement of the work, are obliged to drink alcoholic beverages in workplaces where alcoholic beverages are sold in closed containers or openly, or are consumed.

c) Those who, due to the nature of their work, are obliged to drink alcoholic beverages together with customers.

(1) Before commencing operation, a major accident prevention policy document or a safety report shall be prepared by the employer, depending on the size of the workplace, for workplaces where a major industrial accident may occur.

(2) Employers that are under an obligation to prepare a safety report may open their workplaces for operation following the examination by the Ministry of the content and adequacy of the safety reports they have prepared.

(1) The following matters and the procedures and principles relating thereto shall be regulated by regulations to be issued by the Ministry:

a) After obtaining the opinion of the relevant ministries, for the purpose of ensuring and maintaining occupational health and safety and improving the existing situation: workplace buildings and annexes, work equipment, substances used and generated at every stage of the work, working environment and conditions, work equipment and works carrying special risks and workplaces, the employment of groups requiring special policies, night work and work in shifts according to the nature of the work, works in which working time must be reduced on account of health rules, the working conditions of pregnant and breastfeeding women, the establishment of nursing rooms and childcare centres or the procurement of such services from outside, and similar matters that may require special regulation, and the notifications and permits connected thereto, as well as other matters relating to the implementation of this Law.

b) In relation to occupational health and safety services:

1) In which workplaces a workplace health and safety unit is to be established, taking into account the number of employees and the hazard class, the physical conditions of such units and the equipment to be kept in them.

2) The qualifications of the workplace physicians, occupational safety specialists and other health personnel to work in the workplace health and safety unit and the joint health and safety unit, their recruitment, assignment, duties, powers and responsibilities, how they will carry out their duties, their minimum working times taking into account the number of employees at the workplace and the hazard class in which the workplace is classified, how they will report hazardous matters at workplaces, and in which workplaces they may work according to the certificates they hold.

3) The duties, powers and obligations of the persons, institutions and organisations that will provide occupational health and safety services, their certification and authorisation, the health surveillance and health reports falling within the scope of the services to be provided, the physical conditions of the organisations and the personnel and equipment to be kept in the organisations.

4) According to the hazard class of the workplace and the number of employees: under what conditions services are to be obtained from persons, institutions and organisations providing occupational health and safety services, the number of persons to be assigned or employed, the duration of service to be provided at the workplace, and in which cases the employer may undertake the specified duties himself or herself.

5) The training and certification of workplace physicians, occupational safety specialists and other health personnel, who may obtain which class of certificate according to their titles, the certification and authorisation of institutions that will provide training to workplace physicians, occupational safety specialists and other health personnel, the determination of training programmes and of the qualifications of the trainers to work in such programmes and their certification, and the examinations to be held and the certificates to be issued at the end of the training.

6) Added: 10/9/2014, Law No. 6552, Art. 18 Matters relating to the training programmes, the duration of the training, the qualifications of the trainers and assignment concerning the undertaking of occupational health and safety services in workplaces with fewer than 50 employees and classified in the less hazardous class.

c) In relation to risk assessment: in which workplaces and in what manner the risk assessment is to be carried out, the determination of the qualifications of the persons and organisations that will carry out the assessment, the granting of the necessary permits and the cancellation of permits.

ç) After obtaining the opinion of the Ministry of Health, the procedures and principles of the necessary controls, examinations and research concerning personal exposure and the working environment, and of the measurements and laboratory analyses relating to physical, chemical and biological agents, which employers are obliged to carry out at their workplaces under this Law, as well as the determination of the qualifications of the persons and organisations that will carry out such measurements and analyses, the granting of the necessary authorisations and the cancellation of authorisations granted, and authorisation and certification fees.

d) The preparation of emergency plans, taking into account matters such as the nature of the work performed, the number of employees, the size of the workplace, the substances used, stored and produced, the work equipment and the location of the workplace, prevention, protection, evacuation, first aid and similar matters, and the persons to be assigned in relation to these matters.

e) The training to be given to employees and their representatives, the certification of such training, the qualifications required of persons and organisations that will provide occupational health and safety training, and the works for which vocational training is compulsory.

f) The formation of the board, its duties and powers, its working procedures and principles, and coordination and cooperation among boards where there is more than one board.

g) Amended: 4/4/2015, Law No. 6645, Art. 5 The stoppage of work at workplaces, in which works the work is to be stopped if a risk assessment has not been carried out, the temporary removal of seals in order to eliminate the grounds for stoppage, the conditions for permitting the resumption of work, matters requiring urgent stoppage at workplaces in the very hazardous works class, in particular mining and construction, and the implementation of measures to be taken in urgent cases during the period until a decision to stop the work is taken.

ğ) Amended: 28/11/2017, Law No. 7061, Art. 103 Jointly with the Ministry of Environment and Urbanisation and the Disaster and Emergency Management Presidency, the measures to be taken for the prevention of major industrial accidents and the mitigation of their effects, the identification and classification of workplaces where a major industrial accident may occur, the preparation and examination of the major accident prevention policy document or safety report for workplaces to be newly established or currently in operation, the stoppage of work or the permitting of the continuation of work in the absence of a safety report, and other matters relating to the prevention of major industrial accidents and the mitigation of their effects.

(2) The approving opinion of the Ministry of Health shall be obtained on matters concerning the training programmes, working times, duties and powers of workplace physicians and other health personnel contained in the regulation issued on workplace physicians and other health personnel pursuant to subparagraph (b) of paragraph 1.

(3) Added: 4/4/2015, Law No. 6645, Art. 5 The procedures and principles concerning in which mining workplaces refuge chambers may be established and the technical specifications of such chambers shall be regulated by a regulation to be issued by the Ministry within one year. These technical specifications shall be determined in accordance with national and international standards.

(1) The authorisation and certification fees for persons and organisations authorised or certified under this Law, and the procedures and principles concerning the recording, in the event of violation of the rules imposed on such persons and institutions, of a light, moderate or severe warning, and the suspension and cancellation of the validity of authorisation certificates either directly or on the basis of warning points, shall be determined by the Ministry.

In the Labour Law No. 4857 dated 22/5/2003:

a) The last sentence of paragraph 1 of Article 7 has been amended as follows: “The employer with whom a temporary employment relationship is established shall have the right to give instructions to the employee.”

b) The phrase “or acts contrary to Article 84” in sub-subparagraph (d) of subparagraph (II) of paragraph 1 of Article 25 has been amended to read “, comes to the workplace drunk or under the influence of narcotic substances, or uses such substances at the workplace”.

c) The phrase “, in which types of work young employees who have completed the age of sixteen but have not completed the age of eighteen may be employed” has been added after the phrase “light work” in paragraph 3 of Article 71.

In the section relating to the Ministry of Labour and Social Security of Schedule (I) annexed to the Decree Having the Force of Law No. 190 on General Cadres and Procedure dated 13/12/1983, the positions titled “Baş İş Müfettişi” (Chief Labour Inspector) have been changed to “İş Başmüfettişi” (Chief Labour Inspector).

The positions in the annexed Lists (I), (II) and (III) have been created and added to the section relating to the Ministry of Labour and Social Security of Schedule (I) annexed to Decree Having the Force of Law No. 190, and the positions in the annexed List (IV) have been abolished and removed from the section relating to the Ministry of Labour and Social Security of Schedule (I) annexed to Decree Having the Force of Law No. 190.

Relates to the Civil Servants Law No. 657 of 14/7/1965 and has been incorporated into that Law.

Relates to the Law No. 3146 of 9/1/1985 on the Organisation and Duties of the Ministry of Labour and Social Security and has been incorporated into that Law.

The following provisions of Law No. 4857 have been repealed:

a) Paragraph 4 of Article 2.

b) Paragraph 4 of Article 63.

c) Paragraphs 4, 5 and 6 of Article 69.

ç) Articles 77, 78, 79, 80, 81, 83, 84, 85, 86, 87, 88, 89, 95 and 105 and Provisional Article 2.

The phrase "Without prejudice to the provisions on occupational health and safety" in subparagraph (f) of paragraph 1 of Article 4 of Law No. 4857 and the phrase "and, in workplaces within the scope of Article 85, one thousand New Turkish Liras for each employee employed," in paragraph 1 of Article 98 have been removed from the text.

Added: 2/7/2018, Decree-Law No. 703, Art. 210 Annulled by Constitutional Court decision of 7/12/2023, E. 2021/125, K. 2023/213 Re-enacted: 18/6/2025, Law No. 7551, Art. 19

(1) References made in legislation to the National Occupational Health and Safety Council shall be deemed to have been made to the board or authority designated by the President of the Republic.

(1) References made in other legislation to Law No. 4857 in relation to occupational health and safety shall be deemed to have been made to this Law.

(1) The provisions of the regulations put into force pursuant to Articles 77, 78, 79, 80, 81 and 88 of Law No. 4857 that are not contrary to this Law shall continue to be applied until the regulations provided for in this Law enter into force.

(1) Periodic health reports previously obtained for employees pursuant to Law No. 4857 and other legislation shall remain valid until their period of validity expires.

(1) Amended: 4/4/2015, Law No. 6645, Art. 6 In workplaces classified as very hazardous as specified in Article 8 of this Law, the obligation to assign an occupational safety specialist holding a class (A) certificate shall be deemed fulfilled, until the entry into force date set out in sub-subparagraph (1) of subparagraph (a) of paragraph 1 of Article 38, provided that an occupational safety specialist holding a class (B) certificate is assigned; and in workplaces classified as hazardous, the obligation to assign an occupational safety specialist holding a class (B) certificate shall be deemed fulfilled, until the entry into force date set out in sub-subparagraph (1) of subparagraph (a) of paragraph 1 of Article 38, provided that an occupational safety specialist holding a class (C) certificate is assigned.

(2) Added: 12/7/2013, Law No. 6495, Art. 55 The Ministry is authorised, provided that it determines the procedures and principles, to make the necessary arrangements for granting holders of an occupational safety specialist certificate a maximum of two examination rights, to be used within one year from the date of entry into force of this paragraph, so that they may obtain an occupational safety specialist certificate of a higher class, taking into account matters such as the number of premium days paid to the Social Security Institution and the class of certificate they hold.

(3) Added: 4/4/2015, Law No. 6645, Art. 6 The rights of those who have passed the occupational safety specialist certificate upgrade examinations under paragraph 2 and become entitled to obtain a certificate are reserved.

(1) Holders of workplace physician, occupational safety specialist and workplace nurse certificates or documents issued by the Ministry, and holders of workplace physician certificates issued by the Turkish Medical Association, before the date of publication of this Law whose documents are deemed invalid may exercise all the rights and powers granted by this Law, provided that they replace their existing documents or certificates, within one year from the publication of this Law, with a document to be issued by the Ministry. Those who completed workplace physician and occupational safety specialist training provided by training institutions before the same date and whose training is deemed invalid shall be entitled to take the examination in accordance with the relevant legislation. The records of the Ministry shall be taken as the basis in determining entitlement.

(2) Warning points applied to training institutions and joint health and safety units in respect of which there is no final judicial decision before the date of publication of this Law shall be transferred to the new arrangement to be made, as they appear in the records.

(1) No administrative or financial judicial proceedings or prosecution may be conducted against public officials on account of workplace physician fee payments made in public institutions and organisations and in local administrations; those already initiated shall be discontinued, and such payments may not be made subject to retroactive collection or compensation.

(1) Those holding positions of Chief Labour Inspector (Baş İş Müfettişi) on the date of publication of this Law shall be deemed appointed to positions of Chief Labour Inspector (İş Başmüfettişi) without the need for any further procedure.

(1) The duties of those holding positions titled Director of the Institute of Occupational Health and Safety and Deputy Director of the Institute of Occupational Health and Safety within the Central Directorate of Occupational Health and Safety on the date of publication of this Law shall terminate on the date of publication of this Law, and they shall be appointed, within one month at the latest, to other positions appropriate to their grades and steps. Until they are appointed to a new position, they shall continue to receive the salary, additional indicator, all kinds of increments and allowances and other financial rights pertaining to their former positions. Where the total net amount of the salary, additional indicator, all kinds of increments and allowances, and all kinds of payments made under the name of additional payment and similar names (excluding overtime pay and additional lecture pay dependent on actual work under the relevant legislation) received by such personnel in the last month in respect of their former positions as of the date of their appointment (this amount being taken as a fixed value) exceeds the total net amount of the salary, additional indicator, all kinds of increments and allowances, and all kinds of payments made under the name of additional payment and similar names (excluding overtime pay and additional lecture pay dependent on actual work under the relevant legislation) paid in respect of the positions to which they are newly appointed, the difference shall be paid separately as compensation, without being subject to any tax or deduction, until the difference is closed. Payment of the difference compensation shall cease for those whose position titles are changed at their own request and for those who are appointed to other institutions at their own request.

(2) Appointments may be made during 2012, without being subject to the restrictions in the Central Government Budget Law for 2012 No. 6260 of 21/12/2011, to the vacant positions among those created in the lists annexed to this Law, namely 20 Occupational Health and Safety Specialist, 100 Assistant Occupational Health and Safety Specialist, 40 Civil Servant, 40 Data Preparation and Control Operator and 10 Engineer positions.

Added: 4/4/2015, Law No. 6645, Art. 7

(1) Subparagraph (ö) added to paragraph 1 of Article 26 of this Law shall apply from 1/1/2016.

Added: 28/11/2017, Law No. 7061, Art. 104

The obligation to prepare safety reports imposed on establishments currently in operation under subparagraph (ğ) of paragraph 1 of Article 30 of this Law shall be completed by 31/12/2018.

(1) Of this Law:

a) Amended: 12/7/2013, Law No. 6495, Art. 56 Articles 6 and 7 shall enter into force:

1) For public institutions, excluding those employed within the scope of repealed Article 81 of Labour Law No. 4857, and for workplaces with fewer than 50 employees classified as less hazardous, on (…),

2) For workplaces with fewer than 50 employees classified as hazardous and very hazardous, on 1/1/2014,

3) For other workplaces, six months after the date of publication,

b) Articles 9, 31, 33, 34, 35, 36 and 38 and Provisional Articles 4, 5, 6, 7 and 8 shall enter into force on the date of publication,

c) The other articles shall enter into force six months after the date of publication,

as set out above.

(1) The provisions of this Law shall be executed by the Council of Ministers.