Employer's Occupational Health and Safety Obligations İşverenin İş Sağlığı ve Güvenliği Yükümlülükleri

Introduction

Law No. 6331 on Occupational Health and Safety imposes comprehensive obligations on employers to protect the health and safety of employees. Prevention of work accidents and occupational diseases constitutes one of the most important topics in Turkish labor law legislation, and severe legal and criminal sanctions are applied in case of violation of obligations. This article examines the fundamental obligations of employers within the scope of OHS and the issues that require attention in practice.

Risk Assessment

One of the cornerstones of the OHS Law is the risk assessment obligation. Employers are required to conduct or commission risk assessments to identify hazards existing in or potentially coming from outside the workplace, analyze the risks arising from these hazards, and determine risk control measures. The risk assessment must be conducted in writing, the views of employee representatives must be obtained, and it must be regularly updated. Risk assessment renewal periods according to hazard class are determined as every 2 years for very hazardous workplaces, every 4 years for hazardous workplaces, and every 6 years for less hazardous workplaces.

Appointment of OHS Specialists and Workplace Physicians

Employers must appoint occupational safety specialists, workplace physicians, and other health personnel according to the number of employees and hazard class. These specialists may also be appointed through Joint Health and Safety Units (OSGB). The working hours of specialists vary according to the hazard class. If employers fail to appoint specialists or make insufficient appointments, administrative fines are imposed per employee.

Training Obligations

Employers are obligated to provide occupational health and safety training to their employees. Training must be provided before starting work, when changing jobs, when new equipment or technology is introduced, and after work accidents or occupational diseases. Training durations are determined according to the hazard class: a minimum of 16 hours annually for very hazardous workplaces, 12 hours for hazardous workplaces, and 8 hours for less hazardous workplaces. Maintaining regular training records and ensuring they can be presented during inspections is of great importance.

Work Accident Notification Obligation

Employers must notify the Social Security Institution of work accidents within 3 business days from the date the accident occurred. Occupational diseases must be reported within 3 business days from the date they are discovered. Administrative fines are imposed for failure to fulfill the notification obligation. Additionally, if the accident results in death or injury, labor inspectors conduct an on-site investigation and determine the employer's degree of fault.

Sanctions and Liability

In case of violation of OHS obligations, employers may face administrative fines, work accident compensation claims, criminal liability, and recourse lawsuits from the Social Security Institution. As of 2025, administrative fines have been significantly increased, and substantial penalties are applied for situations such as failure to conduct risk assessments, non-fulfillment of training obligations, and violation of notification requirements. The effective establishment of OHS management systems by employers and the adoption of a continuous improvement approach are critically important both for ensuring legal compliance and protecting employee health.