Occupational Health and Safety Regulations in Türkiye
1) Is the employer required to conduct regular workplace risk assessments?
Yes. In Türkiye, pursuant to the Occupational Health and Safety Law No. 6331 (“Law No. 6331”), employers are under a continuous duty to conduct and regularly (at least once every two years for very hazardous workplaces, every four years for hazardous workplaces, and every six years for less hazardous workplaces) update workplace risk assessments to identify and eliminate potential hazards periodically. These assessments must be revised when any significant change occurs in the workplace or production process. A new or updated assessment must also be carried out immediately following any work accident, near miss, technological change, change in production method, or amendment in legislation. Neglecting this obligation may result in administrative fines and liability in the event of an occupational accident.
2) Is the employer required to provide PPE free of charge if the risk cannot be eliminated otherwise?
Yes. Under Article 5 and Article 10 of the Law No. 6331, if workplace risks cannot be eliminated through collective protection measures or administrative controls, the employer must provide appropriate personal protective equipment (PPE) to employees free of charge. The employer is also responsible for ensuring that the PPE is suitable for the specific risk, properly maintained, hygienic, and replaced when necessary. Furthermore, in accordance with the Regulation on the Use of Personal Protective Equipment in Workplaces (“Regulation”), the employer must provide training and instructions on the correct use, maintenance, and storage of PPE. Each item of PPE must be personally assigned to the employee and recorded by signature (“delivery by acknowledgment”). Any attempt to recover the cost of PPE from employees would constitute a breach of statutory occupational safety obligations and may result in administrative sanctions.
3) Can the employer charge the employee for PPE?
No, according to the Law No. 6331 and the Regulation, the employer is strictly prohibited from charging employees for the provision, maintenance, or replacement of personal protective equipment (PPE). All PPE required to protect employees from occupational risks must be supplied entirely at the employer’s expense. Additionally, the employer must not make the provision of PPE conditional upon employment agreements or performance criteria, nor require employees to compensate for loss or damage unless caused intentionally. Any deduction from wages or request for reimbursement would violate mandatory occupational safety obligations and may give rise to administrative penalties and potential civil liability.
4) Is the employer required to investigate and record all workplace accidents?
Yes, in accordance with Articles 4, 14, and 19 of the Law No. 6331, the employer is legally obliged to investigate every occupational accident and near-miss to determine its causes and to implement preventive measures. The employer must also record all such incidents and report occupational accidents to the Social Security Institution within three working days. Failure to comply with these investigation, recording, and notification duties may result in administrative fines and potential liability for damages arising from negligence.
5) Can the employer skip the evacuation plan if they believe the likelihood of an emergency is low?
No.
Even if the employer considers the likelihood of an emergency situation to be low, they are still required to prepare an emergency action plan.
Legal basis:
- Law No. 6331 on Occupational Health and Safety, Article 11/1:
“The employer shall assess in advance the possible emergency situations that may occur, identify emergencies that are possible and likely to affect employees and the working environment, take preventive and limiting measures against their adverse effects, and prepare emergency action plans.”
- Regulation on Emergency Situations, Article 5/1-ç:
“The employer shall prepare emergency action plans and ensure that drills are carried out.”
6) Can the employer replace mandatory medical examinations with a verbal health inquiry?
No.
Mandatory pre-employment and periodic medical examinations cannot be replaced by verbal questioning.
These examinations may only be carried out by an occupational physician or authorized health institutions.
Legal basis:
Law No. 6331 on Occupational Health and Safety:
Article 15/1:
“Taking into account the health and safety risks to which employees may be exposed in the workplace, the employer shall ensure that they are subject to health surveillance.”
Article 15/2:
“Health examinations shall be conducted at recruitment, upon change of job position, after occupational accidents or diseases, and at regular intervals during the continuation of employment.”
7) Is the employer required to notify the labor inspectorate about serious and fatal accidents?
According to the law, the employer’s direct obligation is to report occupational accidents to the Social Security Institution (SGK).
In practice, law enforcement authorities and the Ministry of Labour (labour inspectors) also become involved in cases of serious or fatal accidents; however, the law itself does not explicitly state an obligation to notify the Ministry.
Legal basis:
Law No. 6331 on Occupational Health and Safety:
Article 14/2-a:
“The employer is obliged to notify the Social Security Institution of occupational accidents within three working days following the accident.”
Article 14/4:
“Health service providers shall notify the Social Security Institution of occupational accidents reported to them within no later than ten days.”
8) Can an employee refuse to perform dangerous work without risk of penalty?
Yes.
When an employee faces a serious and imminent danger, they may apply to the occupational health and safety committee or to the employer.
If no preventive measures are taken, the employee has the right to refrain from working. Therefore, no disciplinary action can be imposed, and the employee continues to receive their wages.
Legal basis:
Law No. 6331 on Occupational Health and Safety:
Article 13/1:
“An employee who is exposed to a serious and imminent danger may apply to the occupational health and safety committee or, in workplaces where such a committee does not exist, to the employer, requesting that the situation be assessed and that necessary measures be taken.”
Article 13/4:
“Employees’ wages and other rights shall be preserved when they refrain from working due to the absence of occupational health and safety measures.”
Authors: Adil Ali Ceylan, Gülendam Tüylüoğlu, Esra Dicle, Aigerim Bikmaz
