Workplace Safety and Worker Rights in Turkey (OHS Guide)

Introduction to OHS in Turkey

Safety at work is not just a policy; it is a strict legal obligation under Law No. 6331 on Occupational Health and Safety (OHS). This law applies to all workplaces and employees, regardless of the sector or number of workers.

The fundamental principle is that the employer must ensure the health and safety of workers in every aspect related to the work.

Employer’s Obligations

The employer cannot simply say “Be careful” and wash their hands of responsibility. They must:

1. Risk Assessment

• Mandatorily conduct a Risk Assessment to identify potential hazards.
• Update this assessment regularly or when new machinery/processes are introduced.

2. Take Measures (Duty of Care)

• Implement all necessary measures to prevent accidents and occupational diseases.
• Provide appropriate Personal Protective Equipment (PPE) (helmets, gloves, etc.) free of charge.
• Ensure equipment is maintained and safe to use.

3. Training and Information

• Provide OHS training to all employees before they start work.
• Inform workers about the specific risks of their job.

4. Health Surveillance

• Ensure workers undergo health checks upon hiring and periodically thereafter.
• Employ OHS professionals (Safety Specialists and Workplace Doctors) based on the hazard class of the workplace.

Worker’s Rights and Obligations

Right to Abstain from Work (Çalışmaktan Kaçınma Hakkı)

If a worker faces a serious and imminent danger:

1. They can apply to the OHS Committee (or employer) to fix the situation.
2. If the danger persists, they have the Right to Abstain from Work until measures are taken.
3. During this period, their wages and rights continue fully.

Obligations of the Worker

• Correctly use machinery, equipment, and PPE provided.
• Not endanger themselves or others.
• Immediately report any hazards they observe.
• Attend mandatory OHS training.

Work Accidents (İş Kazası)

A “Work Accident” is legally defined broadly. It includes accidents happening:

• While at the workplace.
• While performing the job (even outside).
• During commute provided by the employer (service bus).
• During rest breaks at the workplace.

Employer’s Liability

If an accident occurs due to lack of safety measures:

• Civil Liability: Must pay material and moral compensation (Destekten Yoksun Kalma Tazminatı).
• Criminal Liability: Managers can be prosecuted for “Negligent Injury” or “Negligent Homicide.”
• Recourse: The Social Security Institution (SGK) pays the worker’s treatment/pension but claims these costs back from the negligent employer.

Occupational Diseases

Illnesses caused by the nature of the work (e.g., silicosis for miners, hearing loss for factory workers) are treated similarly to work accidents. The burden of proof can be complex, often requiring medical board reports.

Frequently Asked Questions

Q: Can I be fired for refusing unsafe work? No. Using your legal “Right to Abstain” is a protected activity. If fired, you can sue for reinstatement and bad faith compensation.

Q: Who pays for my helmet and boots? The employer MUST provide all PPE free of charge. They cannot deduct it from your salary.

Legal Support: We represent workers in compensation lawsuits arising from work accidents and advise employers on OHS compliance liability. Contact us for legal support.

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