Turkish Labor Law
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Arif Temir- Labor Investigator/Ministry of Labor and Social Security
Clauses of Labor Law no 4857 require that in workplaces where a minimum of fifty employees are employed, employers are under the obligation to take occupational health and safety measures and to provide first aid, urgent treatment and preventive health services depending on the number of employees and risk factors involved:
- Set up a health and safety unit to protect the health of the employees;
- Employ one or more physicians within the establishment and other health personnel when necessary;
- Employ one or more engineers or technicians who are experts for job safety when engaging in an industrial activity.
With the amendment in Labor Law no 4857 article 81,effective as of 15.05.2008, employers can perform their legal obligations regarding occupational health and safety through hiring a personnel who has the qualifications defined in the regulation or through getting external service from joint health and safety units. It is stated in the above-mentioned regulation that the qualifications of joint health and safety units that shall be set up in the workplaces and requirements pertaining to getting external service from joint health and safety units will be regulated. The aforesaid regulation was published in Official Gazette dated 15 August 2009 no 27320 titled “Regulation Pertaining to Workplace Health and Safety Units as well as Joint Health and Safety Units” and went into effect fourteen months after the law was issued. With the law going into effect, procedures and principles of administering occupational health and safety services through personnel employed within the workplace or getting external service in workplaces with a minimum of fifty employees are clarified.
Healthcare Services in Workplaces
In workplaces where a minimum fifty employees work , a health unit is set up to perform occupational health and safety services. The healthcare unit in workplaces consists of at least one workplace doctor, an expert for job safety in workplaces deemed to be industrial and other personnel to help the proceedings if needed. The health and safety unit carries on protective and preventive health services depending on the number of employees and the risk factors involved for a time period defined in the legislation.
The employers who do not want to employ personnel to administer occupational health and safety services are obliged to provide those services through outsourcing . Occupational health and safety services will be performed through state institutions and independent organizationsspecialized to provide occupational health and safety services. These organizations are regulated by , General Directorate of Occupational Health and Safety to ensure that they have sufficient equipment and personnel; and through joint health and safety units which may consist of private legal entities.
The regulation enabling the employers to provide occupational health and safety services through third parties disburdens the employers. From now onwards, employers are not under obligation to employ an expert for job safety or workplace doctor. Instead, they can utilize services by joint health and safety units. This optional right given to the employers is much more suitable to the dynamic structure of professional life.
Source: Referans
