OCCUPATIONAL HEALTH AND SAFETY LAW Law Number Date of Acceptance Date of Publication in the Official Gazette: Date: 30/6/2012 Published in the Official Compilation of Laws: 6331: 20/6/2012 Series: 5 Number: 28339 Volume: 52 CHAPTER ONE Purpose, Scope and Definitions Purpose ARTICLE 1 – (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 in workplaces and to improve existing health and safety conditions. Scope and Exceptions ARTICLE 2 – (1) This Law applies to all jobs and workplaces in the public and private sectors, to the employers and employer representatives of these workplaces, and to all 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, general law enforcement forces and the Undersecretariat of the National Intelligence Organization, except those in factories, maintenance centers, sewing workshops and similar workplaces. b) Intervention activities of disaster and emergency response units. c) Domestic services. d) Those who produce goods and services on their own behalf and account without employing workers. e) Workhouse, education, security and vocational training activities carried out within the scope of rehabilitation during the execution of sentences for convicts and detainees. f) (Added: 10/9/2014-6552/15 art.; Repealed: By the Constitutional Court's decision dated 14/5/2015 and numbered E.: 2014/177, K.: 2015/49.) Definitions ARTICLE 3 – (1) In the application of this Law; a) Ministry: The Ministry of Labor and Social Security, b) Employee: A natural person employed in public or private workplaces, regardless of their status under their own special laws, c) Employee representative: An employee authorized to represent employees in matters related to occupational health and safety, such as participating in, monitoring, requesting, and making proposals, d) Support staff: A person who, in addition to their primary duties, is specifically assigned to tasks related to occupational health and safety, such as prevention, protection, evacuation, fire fighting, first aid, and similar matters, and who possesses appropriate equipment and sufficient training, e) (Amended: 9/1/2025-7538/18 art.) Training institution: Institutions and organizations authorized by the Ministry to provide training in accordance with the provisions of this Law and the subordinate legislation based on this Law, f) Young employee: An employee who has completed fifteen years of age but has not yet reached eighteen years of age, g) (Amended: 12/7/2013-6495/101 art.) Occupational Safety Specialist: An occupational safety specialist authorized by the Ministry to work in the field of occupational health and safety, the procedures and principles of which are determined by regulation, g) Occupational accident: An event occurring in the workplace or due to the performance of work that results in death or causes physical or mental disability, ğ) Employer: A natural or legal person or institution/organization without legal personality that employs workers, h) Workplace: An organization where tangible and intangible elements and workers are organized together for the purpose of producing goods or services, which is qualitatively related to the goods or services produced by the employer in the workplace and is organized under the same management, including places connected to the workplace, rest areas, breastfeeding areas, dining areas, sleeping areas, washing areas, examination and care areas, physical and vocational training areas, and courtyards, as well as other annexes and facilities, ı) Occupational physician: A physician authorized by the Ministry to work in the field of occupational health and safety and possessing an occupational physician certificate, i) Occupational health and safety unit: An organization established to carry out occupational health and safety services in the workplace, equipped with the necessary equipment and personnel. j) Council: The National Occupational Health and Safety Council, k) Board: The occupational health and safety board, l) Occupational disease: A disease resulting from exposure to occupational risks, m) Joint health and safety unit: A unit established by public institutions and organizations, organized industrial zones, and companies operating under the Turkish Commercial Code to provide occupational health and safety services to workplaces, possessing the necessary equipment and personnel and authorized by the Ministry, n) Prevention: All measures planned and taken to eliminate or reduce risks related to occupational health and safety in all phases of the work carried out in the workplace, o) Risk: The probability of loss, injury, or other harmful consequences occurring as a result of a hazard, ö) Risk assessment: The necessary work to be carried out to identify hazards existing in the workplace or that may come from outside, to analyze and grade the factors that cause these hazards to turn into risks, and to decide on control measures, p) Hazard: A hazard existing in the workplace or that may come from outside that may endanger the employee or the workplace. 1 Law No. 6462 dated 25/4/2013 With its first article, the phrase "causing disability" in this paragraph has been changed to "causing impairment". r) Hazard class: The hazard group determined for the workplace, taking into account the nature of the work, the substances used or produced at each stage of the work, work equipment, production methods and forms, working environment and conditions, and other related issues, in terms of occupational health and safety; s) (Amended: 12/7/2013-6495/101 art.) Technical staff: Those holding the titles of technical teacher, physicist, chemist, and biologist, as well as graduates of occupational health and safety programs of universities; ş) (Amended: 9/1/2025-7538/18 art.) Other health personnel: Midwives, nurses, health officers, emergency medical technicians, emergency medical technologists, environmental health technicians, or those with a diploma in environmental health technology who are authorized by the Ministry to be assigned to occupational health and safety services and who possess a certificate of other health personnel; t) (Added: 9/1/2025-7538/18 art.) Occupational health center (ÇASMER): Affiliated with the Ministry of Health, (u) (Added: 9/1/2025-7538/18 art.) Equipment inspection organization: The organizations authorized by the Ministry to perform maintenance or inspection, testing and control in order to ensure and maintain the use of all kinds of machines, tools, equipment, facilities, apparatus, devices and protective systems used in the performance of the work in accordance with the legislation, relevant standards and control criteria in terms of occupational health and safety. (2) Employer representatives acting on behalf of the employer and taking part in the management of the work and workplace are considered employers for the purposes of the application of this Law. CHAPTER TWO Duties, Powers and Obligations of Employers and Employees General Obligation of the Employer ARTICLE 4 – (1) The employer is obliged to ensure the occupational health and safety of the employees and within this framework; a) It takes all necessary measures to prevent occupational risks, including providing training and information, organizing the workplace, providing necessary tools and equipment, adapting health and safety measures to changing conditions, and working to improve the current situation. b) It monitors and inspects whether occupational health and safety measures taken in the workplace are complied with and ensures that non-compliance is rectified. c) It conducts or has a risk assessment conducted. d) When assigning tasks to employees, it takes into account the employee's suitability for the job in terms of health and safety. e) It takes necessary measures to prevent employees, other than those who have been given sufficient information and instructions, from entering areas with vital and specific hazards. (2) Obtaining services from expert individuals and organizations outside the workplace does not relieve the employer of their responsibilities. (3) The obligations of employees in the field of occupational health and safety do not affect the employer's responsibilities. (4) The employer cannot pass on the cost of occupational health and safety measures to employees. Principles of Protection Against Risks ARTICLE 5 – (1) The following principles are taken into consideration in fulfilling the employer's obligations: a) Avoiding risks. b) Analyzing risks that cannot be avoided. c) Combating risks at their source. d) Taking care in the design of workplaces and the selection of work equipment, working methods and production methods to adapt the work to the individuals, especially preventing or minimizing the negative effects of monotonous work and production pace on health and safety. e) Adapting to technical developments. f) Replacing what is dangerous with something harmless or less dangerous. g) Developing a consistent and general prevention policy that includes the effects of factors related to technology, work organization, working conditions, social relations and the working environment. h) Giving priority to collective protection measures over personal protection measures. i) Providing appropriate instructions to employees. Occupational Health and Safety Services ARTICLE 6 – (1) In order to provide occupational health and safety services, which will also include work aimed at preventing and protecting against occupational risks, the employer shall: a) Appoint an occupational safety specialist, a workplace physician and, in workplaces with ten or more employees and classified as very hazardous, other health personnel from among its employees. If the employer does not have personnel with the specified qualifications among its employees, it may fulfill all or part of this service by obtaining services from joint health and safety units or occupational health and safety centers. However, if it has the specified qualifications and the necessary documents, it may undertake the fulfillment of this service itself, taking into account the hazard class and the number of employees. (Added sentence: 10/9/2014-6552/16 art.) Employers or employer representatives of workplaces with fewer than 50 employees and classified as low-hazard, who do not have the specified qualifications and the necessary documents, may carry out occupational health and safety services, excluding pre-employment and periodic examinations and tests, provided they complete the training announced by the Ministry.234 2 The phrase "less than 10" in this paragraph was changed to "less than 50" by Article 85 of Law No. 7033 dated 18/6/2017. (b) They provide all necessary resources, equipment, space, and time to enable the assigned person or the institutions and organizations from which they receive services to fulfill their duties. (c) They ensure cooperation and coordination among those who carry out health and safety services in the workplace. (d) They implement the measures that comply with the legislation on occupational health and safety and are notified in writing by the assigned person or the institutions and organizations from which they receive services. (e) They inform the assigned person or the institutions and organizations from which they receive services, employees coming to their workplace from other workplaces, and their employers about issues that are known to affect or are likely to affect the health and safety of employees. (2) Public institutions and organizations within the scope of the Public Procurement Law No. 4734 dated 4/1/2002 may obtain occupational health and safety services directly from the revolving fund organizations of the Ministry of Health or within the framework of the provisions of Law No. 4734. (3) In workplaces where a full-time workplace physician is assigned, it is not mandatory to assign other health personnel. (4) (Added: 10/9/2014-6552/16 art.) In determining the assignment period to be made according to subparagraph (a) of the first paragraph, apprentices and trainees who are in the 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 are not included in the total number of employees. (5) (Added: 9/1/2025-7538/19 art.) The procedures and principles regarding the implementation of this article shall be determined by the Ministry. Support for occupational health and safety services ARTICLE 7 – (1) Support may be provided by the Ministry for the fulfillment of occupational health and safety services under the following conditions: a) Workplaces with fewer than ten employees, excluding public institutions and organizations, and classified as very dangerous and dangerous, may benefit. However, the President may decide that workplaces with fewer than ten employees and classified as low-risk may also benefit.5 b) Expenses are financed by the Social Security Institution by transferring funds from the premiums collected for short-term insurance branches related to work accidents and occupational diseases. c) In practice, Social Security Institution records are taken as the basis. d) In the controls and audits carried out in accordance with this Law and other legislation; employers who are found not to have made insurance declarations for the persons they employ will be penalized. 3 Article 16 of Law No. 6552 dated 10/9/2014 added the phrase "in workplaces with ten or more employees and classified as very hazardous" after the phrase "workplace physician and" in this paragraph. 4 Article 19 of Law No. 7538 dated 9/1/2025 added the phrase "or from ÇASMERs" after the phrase "units" in the second sentence of this paragraph. 5. The phrase "Council of Ministers" in this paragraph was changed to "President" by Article 210 of the Decree Law No. 703 dated 2/7/2018. Payments made up to this point are collected by the Social Security Institution together with legal interest, and employers in this situation cannot benefit from the support provided for a period of three years. d) The Ministry is authorized to resolve any doubts that may arise regarding the implementation, to guide the implementation, and to solve any problems that may arise. (2) The following issues and the procedures and principles related thereto are determined by a regulation issued by the Ministry, with the approval of the Ministry of Finance: a) Implementation of the support to be provided for the provision of occupational health and safety services. b) Determination of the occupational health and safety service fees to be paid by the Social Security Institution, the portion to be supported, and the method of payment, taking into account the characteristics of workplaces with fewer than ten employees to be supported. c) Conditions that workplaces that can benefit from the support must meet. d) Characteristics of the organizations that will provide occupational health and safety services. (3) In order to ensure effectiveness and continuity; The Ministry may cooperate with the Ministry of Health, the Ministry of Science, Industry and Technology, and relevant professional organizations. Article 8 – (1) The rights and powers of occupational physicians and occupational safety specialists cannot be restricted due to the performance of their duties. These individuals carry out their duties in accordance with the ethical principles and professional independence required by the profession. (2) (Amended: 4/4/2015-6645/1 art.) The occupational physician and occupational safety specialist assigned to provide guidance and consultancy to the employer on occupational health and safety issues shall, taking into account the relevant legislation and technical developments in the workplace where they are assigned, identify deficiencies and irregularities, measures and recommendations related to occupational health and safety and notify the employer in writing. The employer is responsible for correcting the deficiencies and irregularities and implementing the measures and recommendations. If the reported deficiencies and malfunctions necessitate an immediate shutdown, or pose an urgent and life-threatening danger such as fire, explosion, collapse, chemical leakage, etc., or if the employer fails to take the necessary precautions despite the presence of environments that may cause occupational diseases, this situation shall be reported by the workplace physician, occupational safety specialist, and/or the joint health and safety unit management to the authorized unit of the Ministry, and to the authorized union representative if any, or to the employee representative if there is no union representative. The licenses of workplace physicians and occupational safety specialists found to have failed to make this notification shall be suspended for three months, and for six months upon repetition; the authorization certificate of the joint health and safety unit shall be suspended for six months, and for one year upon repetition. The employer cannot terminate the employment contract of the workplace physician or occupational safety specialist due to this notification, and these individuals cannot suffer any loss of rights. Otherwise, the employer shall be ordered to pay compensation not less than the amount of one year's contract salary. The rights of the workplace physician or occupational safety specialist under labor laws and other laws are reserved. In the case opened, the certificate of the person who is determined by the court decision to have made false statements in bad faith is suspended for six months. (3) The organizations providing services, as well as the workplace physician and occupational safety specialists, are responsible to the employer they serve for their negligence in the execution of occupational health and safety services. (4) The certificate of the workplace physician or occupational safety specialist whose negligence is determined in the occurrence of an occupational accident or occupational disease resulting in the death or disability of the employee is suspended. (5) In order for occupational safety specialists to be able to work; they must have at least a class (A) occupational safety specialist certificate in workplaces in the very dangerous class, at least a class (B) certificate in workplaces in the dangerous class, and at least a class (C) certificate in workplaces in the less dangerous class. The Ministry may make special regulations in the sectoral field regarding the assignment of occupational safety specialists and workplace physicians. (Additional sentence: 4/4/2015-6645/1 art.) The procedures and principles for determining which occupational safety specialists with which professional titles will be primarily assigned to the mining and construction sectors and other sectors, and the occupational safety specialists with other professions who will work alongside them, within the framework of sectoral regulation, are determined by the Ministry. (6) In cases where the workplace physician and occupational safety specialist must be assigned full-time due to the determined working hours; the employer establishes a workplace health and safety unit. In this case, the weekly working hours determined according to the Labor Law No. 4857 dated 22/5/2003 are taken into consideration, without prejudice to the legal provisions applicable to the employees. (7) Personnel who are qualified to be a workplace physician or occupational safety specialist and who are employed in public institutions and organizations in accordance with the relevant legislation may be assigned to work in the institution where they are employed or in other public institutions and organizations with the consent of the relevant personnel and the approval of the senior manager, in addition to their primary duties, provided that they have the necessary documents and comply with the determined working hours. Personnel assigned in this manner will receive an additional payment from the institution receiving the service, calculated by multiplying the indicator number (200) by the civil servant monthly coefficient for each hour they work. No deductions will be made from this payment except for stamp duty. In the additional payments related to assignments in this situation, assignments exceeding eighty hours in total per month will not be taken into account, provided that they are based on daily working hours. (8) Without prejudice to the provisions of the legislation regarding full-time employment in public health services, the restrictive provisions of other laws will not apply to the assignment of workplace physicians and other health personnel in workplace health and safety units and joint health and safety units, and to their performance of their duties limited to the employees in the workplaces where services are provided. Determination of Hazard Class ARTICLE 9 – (1) Workplace hazard classes; (2) In determining the workplace hazard classes, the main work performed in that workplace is taken into consideration. Risk Assessment, Control, Measurement and Investigation ARTICLE 10 – (1) The employer is obliged to conduct or have conducted a risk assessment in terms of occupational health and safety. The following issues are taken into consideration when conducting a risk assessment: a) The situation of employees who will be affected by specific risks. b) Selection of work equipment and chemical substances and preparations to be used. c) Layout and arrangement of the workplace. d) The situation of groups requiring special policies, such as young, elderly, disabled, pregnant or breastfeeding employees, and female employees. (2) The employer determines the occupational health and safety measures to be taken as a result of the risk assessment and the protective equipment or gear that should be used. (3) The occupational health and safety measures, working methods and production methods to be applied in the workplace should increase the level of protection of employees in terms of health and safety and should be applicable at every level of the administrative structure of the workplace. (4) The employer ensures that the necessary controls, measurements, examinations and investigations are carried out to determine the risks to which employees are exposed in the working environment in terms of occupational health and safety. Emergency Plans, Fire Fighting and First Aid ARTICLE 11 – (1) The employer; a) By considering the working environment, the materials used, the work equipment, and the environmental conditions, the employer shall assess potential emergencies in advance, identify possible and probable emergencies that may affect employees and the working environment, and take preventive and limiting measures to mitigate their negative effects. b) The employer shall conduct necessary measurements and assessments to protect against the negative effects of emergencies and prepare emergency plans. c) Taking into account the size of the workplace and the specific hazards it poses, the nature of the work performed, the number of employees, and other persons present in the workplace, the employer shall assign a sufficient number of personnel with appropriate equipment and training in prevention, protection, evacuation, fire fighting, first aid, and similar matters; provide the necessary tools and equipment, conduct training and drills, and ensure that the teams are always ready. d) The employer shall make the necessary arrangements to establish contact with organizations outside the workplace, especially regarding first aid, emergency medical intervention, rescue, and fire fighting. Evacuation ARTICLE 12 – (1) In the event of a serious, imminent, and unavoidable danger, the employer shall: a) Make the necessary arrangements in advance and give the necessary instructions to employees so that they can immediately leave their workplaces and go to a safe place. (b) If the situation persists, unless absolutely necessary, the employer cannot require employees other than those with the necessary equipment and specifically assigned to the task to continue working. (2) In cases where employees face a serious and imminent danger to their own safety or the safety of others and cannot immediately inform their supervisor, the employer shall enable them to intervene within the scope of their knowledge and available technical equipment to prevent undesirable consequences. In such a case, employees cannot be held responsible for their intervention unless it is due to negligence or careless behavior. Right to Refuse to Work ARTICLE 13 – (1) Employees facing a serious and imminent danger may apply to the committee, or to the employer in workplaces where there is no committee, to request that the situation be assessed and that necessary measures be taken. The committee shall convene urgently, and the employer shall make its decision immediately and record the situation in a report. The decision shall be communicated in writing to the employee and the employee representative. (2) If the committee or the employer decides in favor of the employee's request, the employee may refrain from working until the necessary measures are taken. The employee's wages and other rights arising from the laws and the employment contract during the period of refusal to work are reserved. (3) In cases where a serious and imminent danger is unavoidable, employees may leave the workplace or the dangerous area and go to the designated safe place without having to comply with the procedure in the first paragraph. The rights of employees cannot be restricted due to these actions. (4) Employees working under an employment contract may terminate their employment contracts in accordance with the provisions of the laws to which they are subject if the necessary measures are not taken despite their requests. Public personnel working under a collective agreement or collective labor agreement shall be deemed to have actually worked during the period they did not work according to this article. (5) In case of work stoppage at the workplace according to Article 25 of this Law, the provisions of this article shall not apply. Recording and reporting of work accidents and occupational diseases ARTICLE 14 – (1) The employer shall: a) Keep records of all work accidents and occupational diseases, conduct the necessary investigations and prepare reports related to them. b) Investigate incidents that occur in the workplace but do not result in injury or death, but cause damage to the workplace or work equipment, or have the potential to cause damage to the employee, workplace or work equipment, and prepare reports related to them. (2) The employer shall notify the Social Security Institution within the specified period in the following cases: a) Work accidents within three working days after the accident. b) Occupational diseases reported to him by healthcare providers or the workplace physician within three working days from the date he learns of them. (3) The workplace physician or healthcare providers shall refer cases in which they have made a preliminary diagnosis of occupational disease to healthcare providers authorized by the Social Security Institution. (4) Healthcare providers shall notify the Social Security Institution of work accidents that come to their attention, and authorized healthcare providers shall notify the Social Security Institution of cases in which they have diagnosed occupational diseases, within ten days at the latest. (5) The procedures and principles regarding the implementation of this article shall be determined by the Ministry, with the approval of the Ministry of Health. Health Surveillance ARTICLE 15 – (1) The employer shall: a) Ensure that employees are subjected to health surveillance, taking into account the health and safety risks they will be exposed to in the workplace. b) Ensure that employees undergo health examinations in the following cases: 1) Upon entry into employment. 2) Upon change of employment. 3) Upon their return to work after repeated absences from work due to work accidents, occupational diseases or health reasons, if requested. 4) During the continuation of the work, at regular intervals determined by the Ministry according to the nature of the employee and the work and the hazard class of the workplace. (2) Those who will work in hazardous and very hazardous jobs cannot be started to work without a health report stating that they are suitable for the job they will do.7 (3) (Amended first sentence: 10/9/2014-6552/17 art.) Health reports required under this Law are obtained from the workplace physician. For workplaces with fewer than 50 employees and low hazard, they can also be obtained from the Child and Family Health Centers, family physicians or other public health service providers. Objections to the reports are made to the arbitration hospitals determined by the Ministry of Health, and the decisions given are final.89 (4) The costs arising from health surveillance and any additional costs arising from this surveillance are borne by the employer and cannot be passed on to the employee. (5) In order to protect the private life and reputation of the employee undergoing health examination, the phrase "in workplaces" in this paragraph was changed to "in jobs" by Article 17 of Law No. 6552 dated 10/9/2014. The phrase "less than 10" in this paragraph was changed to "less than 50" by Article 85 of Law No. 7033 dated 18/6/2017. The phrase "from public service providers or family physicians" in the second sentence of this paragraph was changed to "from ÇASMERs, family physicians or other public health service providers" by Article 21 of Law No. 7538 dated 9/1/2025. Health information is kept confidential. Informing Employees ARTICLE 16 – (1) In order to ensure and maintain occupational health and safety in the workplace, the employer shall inform employees and employee representatives, taking into account the characteristics of the workplace, about the following: a) Health and safety risks that may be encountered in the workplace, protective and preventive measures. b) Their legal rights and responsibilities. c) Persons assigned to first aid, extraordinary situations, disasters, fire fighting and evacuation procedures. (2) The employer shall: a) Immediately inform all employees who are exposed to or at risk of being exposed to serious and imminent danger as specified in Article 12 about the dangers and the measures taken and to be taken against the risks arising therefrom. b) Provide the necessary information to the employers of employees who come to work at their workplace from other workplaces in order to ensure that they receive the information specified in the first paragraph. c) Ensure that support staff and employee representatives have access to information obtained from risk assessment, protective and preventive measures related to occupational health and safety, measurements, analyses, technical controls, records, reports and inspections. Employee Training ARTICLE 17 – (1) The employer shall ensure that employees receive occupational health and safety training. This training shall be provided especially before starting work, when changing workplace or job, when work equipment changes, or when new technology is implemented. Training shall be updated in accordance with changing and emerging new risks and repeated as needed and at regular intervals. (2) Employee representatives shall be specially trained. (3) In hazardous and very hazardous jobs where vocational training is mandatory, those who cannot document that they have received vocational training related to the work they will perform cannot be employed. (4) Before starting work, employees who have suffered a work accident or contracted an occupational disease shall be given additional training on the causes of the accident or occupational disease, ways of protection, and safe working methods. In addition, those who have been absent from work for more than six months for any reason shall be given refresher training before being reinstated. (5) In hazardous and very hazardous workplaces, employees coming from other workplaces cannot be employed without a document certifying that they have received training containing sufficient information and instructions regarding the health and safety risks that will be encountered in the work to be performed. (6) The employer establishing a temporary employment relationship shall ensure that the employee receives the necessary training against occupational health and safety risks. (7) The cost of the training to be provided under this article cannot be passed on to the employees. The time spent in training is counted as working time. If the training periods exceed the weekly working time, these periods are considered as overtime work. Obtaining the opinions of employees and ensuring their participation ARTICLE 18 – (1) The employer shall provide the following opportunities to employees or, in workplaces where there are two or more employee representatives, to the authorized union representatives if any, or to the employee representatives if there are no union representatives, in order to obtain their opinions and ensure their participation: a) Obtaining their opinions on occupational health and safety issues, granting them the right to make proposals, and ensuring their participation in discussions on these issues. b) Obtaining their opinions on the application of new technologies, the selection of work equipment, and the impact of working environment and conditions on the health and safety of employees. (2) The employer shall ensure that the opinions of support staff and employee representatives are obtained in advance on the following matters: a) The assignment of the workplace physician, occupational safety specialist, and other personnel to be assigned from the workplace or from outside the workplace, as well as the assignment of personnel for first aid, fire fighting, and evacuation tasks. b) Determining the protective and preventive measures to be taken and the protective equipment and gear to be used by conducting a risk assessment. c) Prevention of health and safety risks and implementation of protective services. d) Informing employees. e) Planning the training to be given to employees. (3) The rights of employees or employee representatives cannot be restricted due to their application to the competent authority in cases where the measures taken for occupational health and safety in the workplace are insufficient or during an inspection. Employee Obligations ARTICLE 19 – (1) Employees are obliged to not endanger their own health and safety and the health and safety of other employees affected by their actions or the work they do, in accordance with the training they receive on occupational health and safety and the employer's instructions on this matter. (2) The responsibilities of employees in accordance with the training and instructions given by the employer are as follows: a) To use the machinery, equipment, tools, hazardous materials, transport equipment and other means of production in the workplace in accordance with the rules, to use their safety equipment correctly, and not to remove or change them arbitrarily. b) To use and protect the personal protective equipment provided to them correctly. c) To immediately inform the employer or the employee representative when they encounter a serious and imminent danger to health and safety in the machinery, equipment, tools, facilities and buildings in the workplace and when they see a deficiency in the protective measures. d) To cooperate with the employer and the employee representative in remedying the deficiencies and violations of legislation identified in the workplace by the inspection authority. e) To cooperate with the employer and the employee representative in ensuring occupational health and safety within their area of responsibility. Employee Representative ARTICLE 20 – (1) The employer; (2) In workplaces with between two and fifty employees, the employer shall appoint the following number of employee representatives, taking into account the risks in different sections of the workplace and the number of employees, and ensuring a balanced distribution, either through election among the employees or, if election is not possible, by appointment: a) One in workplaces with between two and fifty employees. b) Two in workplaces with between fifty-one and one hundred employees. c) Three in workplaces with between one hundred and one and five hundred employees. d) Four in workplaces with between five hundred and one and one thousand employees. e) Five in workplaces with between one thousand and one and two thousand employees. f) Six in workplaces with two thousand and one or more employees. (3) If there is more than one employee representative, the chief representative shall be determined by election among the employee representatives. (4) Employee representatives have the right to make suggestions to the employer for the elimination of the source of danger or the reduction of the risk arising from the danger, and to request the employer to take the necessary measures. (5) The rights of employee representatives and support staff cannot be restricted due to the performance of their duties, and the necessary facilities shall be provided by the employer for them to perform their duties. (5) If there is an authorized union in the workplace, the workplace union representatives also serve as employee representatives. CHAPTER THREE Council, Board and Coordination National Occupational Health and Safety Council10 ARTICLE 21 – (1) The Council has been established to make recommendations for determining policies and strategies related to occupational health and safety throughout the country. (2) (Repealed: 2/7/2018-KHK-703/210 art.) (3) (Repealed: 2/7/2018-KHK-703/210 art.) (4) (Repealed: 2/7/2018-KHK-703/210 art.) (5) (Repealed: 2/7/2018-KHK-703/210 art.) (6) (Repealed: 2/7/2018-KHK-703/210 art.) (7) (Repealed: 2/7/2018-KHK-703/210 art.) 10 With the Constitutional Court's decision dated 7/12/2023 and numbered E: 2021/125, K: 2023/213, articles (2), (3), (4) of this article were repealed. The repeal of paragraphs (5), (6) and (7) has been cancelled. Occupational Health and Safety Board ARTICLE 22 – (1) In workplaces with fifty or more employees and where continuous work lasting more than six months is carried out, the employer shall establish a board to conduct work related to occupational health and safety. The employer shall implement the board decisions in accordance with occupational health and safety legislation. (2) In cases where the main employer-subcontractor relationship lasts more than six months; a) If separate boards have been established by the main employer and the subcontractor, cooperation and coordination in carrying out activities and implementing decisions shall be provided by the main employer. b) If a board has been established by the main employer, the subcontractor, who is not required to establish a board, shall appoint an authorized representative to ensure coordination. c) The main employer, who is not required to establish a board in the workplace, shall appoint an authorized representative to the board established by the subcontractor to ensure cooperation and coordination. c) If the total number of employees of the main employer and subcontractor, who are not required to form a committee, exceeds fifty, a committee is formed jointly by the main employer and the subcontractor, with coordination carried out by the main employer. (3) If there is more than one employer in the same work area and more than one committee is formed by these employers, the employers inform each other about the committee decisions that may affect each other's work. Coordination of Occupational Health and Safety ARTICLE 23 – (1) In cases where more than one employer shares the same work area, the employers cooperate in the implementation of occupational hygiene and occupational health and safety measures, coordinate the prevention and protection against occupational risks taking into account the nature of the work performed, and inform each other and employee representatives about these risks. (2) In places such as business centers, office buildings, industrial zones or sites where there are more than one workplace, coordination on occupational health and safety is provided by the management. The management warns employers to take the necessary precautions regarding hazards that may affect other workplaces in terms of occupational health and safety in their workplaces. It reports employers who do not comply with these warnings to the Ministry. CHAPTER FOUR Inspection and Administrative Sanctions Inspection, investigation, investigation, authority, obligation and responsibility of the inspector ARTICLE 24 – (1) Monitoring and inspection of the implementation of the provisions of this Law shall be carried out by the Ministry's labor inspectors authorized to conduct inspections in terms of occupational health and safety. In inspections and investigations to be carried out within the scope of this Law, Articles 92, 93, 96, 97 and 107 of Law No. 4857 shall apply. (2) (Repealed: 25/1/2024-7495/8 art.) (3) The procedures regarding the subject and results of the inspection and audit of military workplaces and workplaces producing materials necessary for national security shall be carried out in accordance with the regulation to be prepared jointly by the Ministry of National Defense and the Ministry. Article 24/A - (Added: 25/1/2024-7495/9 art.) (1) The Ministry is authorized to conduct inspections, authorizations, controls, and audits in training institutions, joint health and safety units, and equipment inspection and analysis laboratories within the scope of this Law. Inspections, controls, and audits on behalf of the Ministry are carried out by labor experts and assistant labor experts, engineers, physicists, chemists, biologists, and physicians employed by the General Directorate of Occupational Health and Safety. Personnel assigned under this article are obliged to minimize disruption to work during inspections, controls, and audits, and to keep the trade secrets of the employer and workplace, as well as any information they see and learn, completely confidential. The necessary assistance is provided to the assigned personnel by the employer or employees. The procedures and principles related to this paragraph are regulated by the Ministry. (2) If Ministry personnel working under this article need the assistance of law enforcement agencies, they shall report the situation to the relevant civil administration authority, except for military workplaces. If the local administrative officer finds this request appropriate as a result of the evaluation he will make within the scope of the powers given by the Provincial Administration Law No. 5442 dated 10/6/1949 and the Police Duties and Powers Law No. 2559 dated 4/7/1934, he shall assign sufficient law enforcement officers. (3) The provisions of Article 33(b) of the Travel Allowance Law No. 6245 dated 10/2/1954 shall apply to those assigned for inspection, control and supervision within the scope of this article. Stopping of Work ARTICLE 25 – (1) When a matter is identified in the buildings and annexes of the workplace, in the working methods and procedures or in the work equipment that poses a vital danger to the employees; until this danger is eliminated, work shall be stopped in a part or the whole of the workplace, taking into account the nature of the vital danger and the area and employees that may be affected by the risk arising from this danger. (2) In addition, in workplaces where mining, metal and construction works, which are classified as very dangerous, and work with dangerous chemicals are carried out, or where major industrial accidents may occur, work is stopped if a risk assessment has not been made. A committee consisting of three labor inspectors authorized to inspect occupational health and safety may decide to stop the work within two days of the date of the determination, after conducting the necessary investigations upon the determination of the labor inspector authorized to inspect occupational health and safety. However, if the determined issue requires urgent intervention, the labor inspector who made the determination stops the work, provided that the decision is made by the committee. (3) The decision to stop the work is sent to the relevant local administrative authority and the provincial directorate of the Ministry of Labor and Social Security where the workplace file is located within one day. The decision to stop the work is implemented by the local administrative authority through the law enforcement forces within twenty-four hours. However, the decision to stop the work, given because the detected issue requires urgent intervention, is implemented by the local administrative authority through the law enforcement forces on the same day.11 (4) The employer may appeal the decision to stop the work to the competent labor court within six working days from the date of implementation. The appeal does not affect the implementation of the decision to stop the work. The court considers the appeal as a priority and decides within six working days. The court decision is final. (5) If the employer notifies the Ministry in writing that the issues requiring the stoppage of work have been resolved, an inspection is carried out at the workplace within seven days at the latest and the employer's request is finalized. (6) The employer is obliged to pay the wages of the employees who become unemployed due to the stoppage of work or to provide them with another job according to their profession or situation without any reduction in their wages. (7) (Added: 4/4/2015-6645/2 art.) In jobs that are in the very dangerous class and are obtained through tender; Working methods that create a life-threatening situation due to production pressure, by acting contrary to production and/or manufacturing plans and work programs without ensuring certain elements such as technological development, increase in workforce capacity, and innovation in production methods, are considered a reason for stopping work. (8) (Added: 4/4/2015-6645/2 art.) Employers or employer representatives who allow work to be done without permission in the workplace where work has been stopped are sentenced to imprisonment from three to five years. Prohibition from public tenders due to fatal work accidents ARTICLE 25/A – (Added: 4/4/2015-6645/3 art.) In mining workplaces where a fatal work accident occurs, the employer whose fault is determined by a court decision is prohibited by the court from participating in public tenders for a period of two years, together with those 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 is sent to the Public Procurement Authority to be entered into the employer's register and is published on the Authority's website. Administrative fines and their implementation ARTICLE 26 – (1) This Law; a) An employer who fails to fulfill the obligations specified in subparagraphs (a) and (b) of the first paragraph of Article 4 shall be fined two thousand Turkish Lira for each obligation; b) An employer who fails to appoint an occupational safety specialist or workplace physician with the qualifications determined in accordance with the first paragraph of Article 6 shall be fined five thousand Turkish Lira for each person not appointed, and the same amount for each month the violation continues; an employer who fails to appoint other health personnel shall be fined two thousand five hundred Turkish Lira, and the same amount for each month the violation continues; an employer who fails to fulfill the obligations specified in subparagraphs (b), (c) and (d) of the same paragraph shall be fined one thousand five hundred Turkish Lira for each violation; an employer who acts contrary to subparagraph (ç) shall be fined one thousand Turkish Lira for each measure not implemented; c) An employer who acts contrary to the first and sixth paragraphs of Article 8 shall be fined one thousand five hundred Turkish Lira for each violation; d) An employer who fails to conduct a risk assessment in accordance with the first paragraph of Article 10 or The employer who fails to comply with the obligations specified in the fourth paragraph shall be fined three thousand Turkish Lira, and four thousand five hundred Turkish Lira for each month the violation continues; the employer who fails to fulfill the obligations specified in the fourth paragraph shall be fined one thousand five hundred Turkish Lira; d) The employer who acts contrary to the provisions of Articles 11 and 12 shall be fined one thousand Turkish Lira for each obligation not complied with, and the same amount for each month the violation continues; e) The employer who fails to fulfill the obligations specified in the first paragraph of Article 14 shall be fined one thousand five hundred Turkish Lira for each obligation separately; the employer who fails to fulfill the obligations specified in the second paragraph shall be fined two thousand Turkish Lira; the healthcare providers or authorized healthcare providers who fail to fulfill the obligations specified in the fourth paragraph shall be fined two thousand Turkish Lira; f) The employer who fails to fulfill the obligations specified in the first and second paragraphs of Article 15 shall be fined one thousand Turkish Lira for each employee who is not subjected to health surveillance or for whom a health report is not obtained; g) The employer who fails to fulfill the obligations specified in Article 16 shall be fined for the employee who is not informed g) (Amended: 4/4/2015-6645/4 art.) For employers who fail to fulfill the obligations specified in Article 17, five hundred Turkish Lira per employee separately for each violation, h) For employers who fail to fulfill the obligations specified in Article 18, one thousand Turkish Lira separately for each violation, ı) For employers who fail to fulfill the obligations specified in the first and fourth paragraphs of Article 20, one thousand Turkish Lira, and for employers who fail to fulfill the obligations specified in the third paragraph, one thousand five hundred Turkish Lira, i) For employers who fail to fulfill the obligations specified in Article 22, two thousand Turkish Lira separately for each violation, j) For administrations that fail to fulfill the notification obligations specified in the second paragraph of Article 23, five thousand Turkish Lira, k) For measurement, examination and research on occupational health and safety issues specified in the first paragraph of Article 24/A, sampling 11. The phrase "by the law enforcement forces" was added after the phrase "by the local administrative authority" in this paragraph by Article 2 of Law No. 6645 dated 4/4/2015, preventing the acquisition or control and supervision of joint health and safety units with educational institutions. 12. 1) (Amended: 4/4/2015-6645/4 art.) One thousand Turkish Lira for each employee affected by the violation, and the same amount for each month the violation continues, for the employer who fails to fulfill the obligations specified in the sixth paragraph of Article 25. m) As specified in Article 29; An administrative fine of fifty thousand Turkish Lira shall be imposed on employers who fail to prepare a major accident prevention policy document; eighty thousand Turkish Lira on employers who put their workplace into operation without preparing a safety report and submitting it to the Ministry for evaluation; on employers who open a workplace whose operation is not permitted by the Ministry, or who continue operations in a workplace that has been shut down; n) one thousand Turkish Lira per month, starting from the date of detection, shall be imposed on employers who fail to fulfill the obligations specified in the regulations stipulated in Article 30; o) five hundred Turkish Lira per employee shall be imposed on employers who fail to provide their employees with personal protective equipment that complies with standards and has the CE mark; ö) five hundred Turkish Lira per employee shall be imposed on employers who fail to establish a tracking system showing the location and entry/exit of employees in underground mining operations. (2) (Amended: 4/4/2015-6645/4 art.) The administrative fines specified in this Law, except for the administrative fines to be applied to those who fail to fulfill the notification obligation specified in Article 14, are imposed by the Provincial Director of the Labor and Employment Agency, stating the reasons. Except for the administrative fines applied to those who fail to fulfill the notification obligation specified in Article 14, the collected administrative fines are recorded as revenue in the general budget. The administrative fines to be applied to those who fail to fulfill the notification obligation specified in Article 14 are imposed directly by the Social Security Institution. The provisions of Article 102 of Law No. 5510 shall apply to the notification, appeal and collection of the administrative fines imposed by the Social Security Institution. Other administrative fines imposed shall be paid within thirty days of notification. Administrative fines may also be issued in the name of public institutions and organizations that do not have legal personality. (3) (Added: 4/4/2015-6645/4 art.) The administrative fines specified in this article; a) For workplaces with fewer than ten employees: 1) The same amount for those in the low-risk category, 2) Increased by twenty-five percent for those in the hazardous category, 3) Increased by fifty percent for those in the very hazardous category, b) For workplaces with ten to forty-nine employees: 1) The same amount for those in the low-risk category, 2) Increased by fifty percent for those in the hazardous category, 3) Increased by one hundred percent for those in the very hazardous category, c) For workplaces with fifty or more employees: 12 The phrase "second paragraph of Article 24" in this clause was changed to "first paragraph of Article 24/A" by Article 10 of Law No. 7495 dated 25/1/2024. 1) Increased by fifty percent for those in the low-risk category, 2) Increased by one hundred percent for those in the hazardous category, 3) Increased by two hundred percent for those in the very hazardous category, shall be applied. (4) (Added: 4/4/2015-6645/4 art.) In case of work stoppage, the relevant administrative fine shall not be applied for the act that caused the stoppage. (5) (Added: 4/4/2015-6645/4 art.) The provisions of the third paragraph shall not apply to administrative fines given by multiplying by the number of employees. (6) (Added: 4/4/2015-6645/4 art.) Except for administrative fines applied to those who do not fulfill the notification obligation specified in Article 14, administrative fines collected in accordance with this Law shall be used for expenditures related to occupational health and safety training and research and development projects. The necessary appropriation for this purpose shall be foreseen in the Ministry's budget. The procedures and principles regarding the use of said appropriation shall be determined jointly by the Ministry and the Ministry of Finance. Cases Not Covered and Exemptions ARTICLE 27 – (1) Without prejudice to the provisions of the laws to which employees are subject, in cases not covered by this Law, the provisions of Law No. 4857 that are not contrary to this Law shall apply. (2) Papers prepared in accordance with this Law are exempt from stamp duty, and transactions are exempt from fees. (3) The Ministry may request, archive, and provide approval, authorization, information, and documents related to the work and transactions to be carried out in accordance with this Law, through electronic and similar media. CHAPTER FIVE Miscellaneous and Temporary Provisions Prohibition of the Use of Addictive Substances ARTICLE 28 – (1) It is prohibited to come to the workplace intoxicated or under the influence of drugs, and to consume alcoholic beverages or drugs in the workplace. (2) The employer has the authority to determine under what circumstances, at what time, and under what conditions alcoholic beverages may be consumed in the parts considered as workplace annexes. (3) The following employees are exempt from the ban on consuming alcoholic beverages: a) Those working in workplaces where alcoholic beverages are produced and who are assigned to inspect the produced beverage as part of their job. b) Those who are required to consume alcoholic beverages as part of their job in workplaces where alcoholic beverages are sold or consumed in closed containers or openly. c) Those who are required to consume alcoholic beverages with customers as part of the nature of their job. Safety Report or Major Accident Prevention Policy Document ARTICLE 29 – (1) Before commencing operations, a major accident prevention policy document or safety report shall be prepared by the employer for workplaces where major industrial accidents may occur, depending on the size of the workplace. (2) Employers who are obliged to prepare a safety report may open their workplaces for operation after the content and adequacy of the safety reports they have prepared have been examined by the Ministry. Various Regulations on Occupational Health and Safety ARTICLE 30 – (1) The following issues and the procedures and principles related thereto shall be regulated by regulations to be issued by the Ministry: a) In order to ensure, maintain and improve the current situation of occupational health and safety, after obtaining the opinions of the relevant ministries; a) Regarding occupational health and safety services: 1) The establishment of occupational health and safety units in workplaces, considering the number of employees and the hazard class, the physical conditions of these units, and the equipment to be kept in these units. b) Workplace buildings and annexes, work equipment, substances used and produced at every stage of the work, working environment and conditions, work equipment and jobs carrying special risks, workplaces, employment of groups requiring special policies, night work and shift work depending on the nature of the work, jobs requiring less work due to health regulations, working conditions of pregnant and breastfeeding women, establishment of breastfeeding rooms and childcare facilities or outsourcing of such services, and similar issues that may require special arrangements, as well as related notifications and permits, and other matters related to the implementation of this Law. 2) The qualifications, recruitment, assignment, duties, authority, and responsibilities of occupational physicians, occupational safety specialists, and other health personnel who will work in the workplace health and safety unit and the joint health and safety unit; how they will perform their duties; minimum working hours considering the number of employees and the hazard class of the workplace; how they will report hazardous issues in the workplace; and in which workplaces they can work according to the documents they possess. 3) The duties, authority, and responsibilities of individuals, institutions, and organizations that will provide occupational health and safety services; their certification and authorization; health surveillance and health reports included in the services to be provided; the physical conditions of the organizations; and the personnel and equipment to be kept in the organizations. 4) The conditions under which services can be obtained from individuals, institutions, and organizations providing occupational health and safety services, according to the workplace hazard class and the number of employees; the number of people to be assigned or employed; the duration of the service to be provided in the workplace; and in which cases the employer can undertake the determined tasks themselves, according to the workplace hazard class and the number of employees. 5) Training and certification of occupational physicians, occupational safety specialists, and other health personnel; determining which class of certificate can be obtained according to their titles; certification and authorization of institutions that will provide training for occupational physicians, occupational safety specialists, and other health personnel; determining and certifying the qualifications of training programs and trainers who will participate in these programs; examinations to be held at the end of the training and certificates to be issued. 6) (Added: 10/9/2014-6552/18 art.) Training programs for undertaking occupational health and safety services in workplaces with fewer than 50 employees and classified as low-risk, the duration of the training, the qualifications of trainers, and matters related to assignment.13 c) Regarding risk assessment; determining how and in which workplaces risk assessment will be conducted, determining the qualifications of the individuals and organizations that will conduct the assessment, granting and revoking necessary permits. c) Determining the procedures and principles for the necessary controls, inspections, and investigations regarding personal exposure and the working environment that employers are obligated to conduct in their workplaces under this Law, as well as the measurements and laboratory analyses related to physical, chemical, and biological agents; determining the qualifications of the individuals and organizations that will conduct these measurements and analyses; granting and revoking the necessary authorizations; and the fees for authorization and certification, after obtaining the opinion of the Ministry of Health. d) Preparing emergency plans, taking into account factors such as the nature of the work, 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 individuals to be assigned to these matters. e) Training to be provided to employees and their representatives, the certification of this training, the qualifications required of individuals and organizations providing occupational health and safety training, and jobs requiring mandatory vocational training. f) The formation, duties, and powers of the Board, its working procedures and principles, and coordination and cooperation between the boards if there is more than one board. g) (Amended: 4/4/2015-6645/5 art.) Work stoppage in workplaces, the conditions under which work will be stopped due to the lack of risk assessment, the temporary removal of seals to remedy the reasons for the stoppage, the conditions for allowing work to resume, matters requiring emergency stoppage in workplaces classified as very dangerous, primarily mining and construction, and the implementation of measures to be taken during the period until a decision is made to stop work in emergency situations. ğ) (Amended: 28/11/2017-7061/103 art.) In cooperation with the Ministry of Environment and Urbanization and the Disaster and Emergency Management Presidency, measures to be taken to prevent and mitigate the effects of major industrial accidents, the identification and classification of workplaces where major industrial accidents may occur, the preparation and review of a major accident prevention policy document or safety report for newly established or currently operating workplaces, the stoppage of work or permission to continue work in the absence of a safety report, and other matters related to the prevention and mitigation of the effects of major industrial accidents. (2) The Ministry of Health's approval is obtained regarding the training programs, working hours, duties and authorities of the workplace physician and other health personnel included in the regulation issued in accordance with subparagraph (b) of the first paragraph. (3) (Added: 4/4/2015-6645/5 art.) The procedures and principles regarding which mining workplaces can have refuge rooms and the technical specifications of these rooms are regulated by a regulation to be issued by the Ministry within one year. These technical specifications are determined in accordance with national and international standards. Certification, warnings, suspension and cancellations14 ARTICLE 31 – (1) The authorization and certification fees for persons and organizations authorized or certified under this Law, the recording of minor, medium and severe warnings in case of violation of the rules imposed on these persons and organizations, and the suspension and cancellation of the validity of authorization certificates directly or based on warning points are determined by the Ministry. Amended provisions ARTICLE 32 – The following amendments have been made to the Labor Law No. 4857 dated 22/5/2003: a) The last sentence of the first paragraph of Article 7 has been amended as follows: “The employer who establishes a temporary employment relationship has the right to give instructions to the employee.” b) The phrase “or acting contrary to Article 84” in subparagraph (d) of paragraph (II) of the first paragraph of Article 25 has been changed to ’, coming to the workplace intoxicated or under the influence of drugs, or using these substances in the workplace.“ c) The phrase ’, in which types of work young workers who have reached the age of sixteen but have not yet completed the age of eighteen can be employed” has been added after the phrase “light work’ in the third paragraph of Article 71. ARTICLE 33 – The positions with the title ”Chief Labor Inspector“ in the section belonging to the Ministry of Labor and Social Security in the Annex (I) of the Decree Law No. 190 on General Staff and Procedures dated 13/12/1983 have been changed to ”Chief Labor Inspector“. ARTICLE 34 – The positions listed in the attached lists (I), (II) and (III) have been created and added to the section belonging to the Ministry of Labor and Social Security in the attached list (I) of the Decree Law No. 190, and the positions listed in the attached list (IV) have been cancelled and removed from the section belonging to the Ministry of Labor and Social Security in the attached list (I) of the Decree Law No. 190.15 13 By Article 85 of Law No. 7033 dated 18/6/2017, the phrase ”less than 10“ in this subparagraph has been changed to ”less than 50“. 14. Article 22 of Law No. 7538 dated 9/1/2025 added the phrase ”, suspension“ after the word ”warning“ in the title of this article, and the phrase ”Regarding individuals, institutions, organizations and training institutions that provide occupational health and safety services and conduct measurements and analyses“ in the first paragraph was changed to ”Regarding individuals and organizations authorized or certified under this Law“. 15. For the positions mentioned in this article, see the Official Gazette No. 28339 dated 30/6/2012. ARTICLE 35 – This relates to and is incorporated into the Civil Servants Law No. 657 dated 14/7/1965. ARTICLE 36 – This relates to and is incorporated into the Law No. 3146 dated 9/1/1985 on the Organization and Duties of the Ministry of Labor and Social Security. Repealed Provisions ARTICLE 37 – The following provisions of Law No. 4857 are repealed: a) The fourth paragraph of Article 2. b) The fourth paragraph of Article 63. c) The fourth, fifth, and sixth paragraphs of Article 69. d) Articles 77, 78, 79, 80, 81, 83, 84, 85, 86, 87, 88, 89, 95, 105 and temporary Article 2. The phrase ”Without prejudice to the provisions of occupational health and safety“ in subparagraph (f) of the first paragraph of Article 4 and the phrase ”One thousand New Turkish Lira for each worker employed in workplaces within the scope of Article 85,“ in the first paragraph of Article 98 of Law No. 4857 have been removed from the text. ADDITIONAL ARTICLE 1 – (Added: 2/7/2018-KHK-703/210 art.) (Repealed: Constitutional Court's (Re-enacted by the decision dated 7/12/2023 and numbered E: 2021/125, K: 2023/213) Amendment: 18/6/2025-7551/19 art.) (1) References made to the National Occupational Health and Safety Council in legislation shall be deemed to be made to the board or authority determined by the President. References TEMPORARY ARTICLE 1 – (1) References made to Law No. 4857 in other legislation regarding occupational health and safety shall be deemed to be made to this Law. TEMPORARY ARTICLE 2 – (1) The provisions of the regulations enacted 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 foreseen in this Law come into force. TEMPORARY ARTICLE 3 – (1) For employees, periodic health reports previously obtained pursuant to Law No. 4857 and other legislation shall remain valid until their expiry date. TEMPORARY ARTICLE 4 – (1) (Amended: 4/4/2015-6645/6 art.) The obligation to appoint an occupational safety expert with a (A) class certificate in workplaces classified as very dangerous under Article 8 of this Law shall be fulfilled by appointing an occupational safety expert with a (B) class certificate until the effective date specified in subparagraph (1) of paragraph (a) of the first paragraph of Article 38; In workplaces classified as hazardous, the obligation to appoint an occupational safety specialist with a (B) class certificate is deemed fulfilled by appointing an occupational safety specialist with a (C) class certificate until the effective date specified in subparagraph (1) of paragraph (a) of the first paragraph of Article 38.16 (2) (Added: 12/7/2013-6495/55 art.) The Ministry is authorized to make the necessary arrangements to grant those who have an occupational safety specialist certificate a maximum of two examination rights, to be used within one year from the effective date of the paragraph, in order to obtain occupational safety specialist certificates in higher classes, taking into account the number of premium days paid to the Social Security Institution and the class of certificate they hold, provided that the procedures and principles are determined. (3) (Added: 4/4/2015-6645/6 art.) The rights of those who have passed the occupational safety specialist certificate upgrade exams and are entitled to receive a certificate according to the second paragraph are reserved. TEMPORARY ARTICLE 5 – (1) Those who hold occupational physician, occupational safety specialist, and occupational nurse certificates or documents issued by the Ministry before the publication date of this Law, and occupational physician certificates issued by the Turkish Medical Association, and whose documents are deemed invalid, may use all the rights and powers granted by this Law, provided that they replace their existing documents or certificates with a document to be issued by the Ministry within one year from the publication date of this Law. Those who completed occupational physician and occupational safety specialist training given by training institutions before the same date and whose training is deemed invalid are entitled to take the exam according to the relevant legislation. Ministry records shall be taken as the basis for determining eligibility. (2) Warning points applied to training institutions and joint health and safety units that do not have a final court decision against them before the publication date of this Law shall be transferred to the new regulation as they are in the records. TEMPORARY ARTICLE 6 – (1) No administrative or financial proceedings or prosecutions can be initiated against public officials due to payments made to workplace physicians in public institutions and organizations and local administrations; any initiated proceedings are dismissed, and these payments cannot be subject to recovery or compensation. TEMPORARY ARTICLE 7 – (1) Those who are in the positions of Chief Labor Inspector on the date of publication of this Law shall be deemed to have been appointed to the positions of Chief Labor Inspector without the need for any further action. TEMPORARY ARTICLE 8 – (1) The duties of those holding the titles of Director of the Occupational Health and Safety Institute and Deputy Director of the Occupational Health and Safety Institute at the Occupational Health and Safety Center Directorate on the date of publication of this Law shall end on the date of publication of this Law, and they shall be appointed to other positions in accordance with their grades and levels within one month at the latest. Until they are appointed to a new position, they shall continue to receive their monthly salary, additional allowance, and all kinds of bonuses and compensations and other financial rights belonging to their old positions. If the total net amount of the monthly salary, additional allowance, all kinds of raises and compensations, supplementary payments, and similar payments (excluding overtime pay and extra lesson fees based on actual work as per relevant legislation) received by the personnel in their previous positions in the last month prior to their appointment date (this amount shall be taken as a fixed value) exceeds the total net amount of the monthly salary, additional allowance, all kinds of raises and compensations, supplementary payments, and similar payments (excluding overtime pay and extra lesson fees based on actual work as per relevant legislation) received in their new positions, the difference shall be paid as additional compensation until the difference is eliminated, without being subject to any taxes or deductions. Payment of this difference compensation shall cease for those who voluntarily change their assigned position titles or who are transferred to other institutions at their own request. (2) Appointments may be made to the vacant positions of 20 Occupational Health and Safety Specialists, 100 Occupational Health and Safety Assistant Specialists, 40 Clerks, 40 Data Preparation and Control Operators and 10 Engineers, which are among the positions established in the lists annexed to this Law, within the year 2012 without being subject to the limitations in the Central Government Budget Law No. 6260 dated 21/12/2011. TEMPORARY ARTICLE 9 – (Added: 4/4/2015-6645/7 art.) (1) Subparagraph (ö) added to the first paragraph of Article 26 of this Law shall be applied from 1/1/2016. TEMPORARY ARTICLE 10 – (Added: 28/11/2017-7061/104 art.) The obligation to prepare security reports imposed on businesses currently in operation under subparagraph (ğ) of the first paragraph of Article 30 of this Law shall be completed by 31/12/2018. ENTRY INTO FORCE ARTICLE 38 – (1) The following articles of this Law shall enter into force: a) (Amended: 12/7/2013-6495/56 art.) Articles 6 and 7; 1) For public institutions and workplaces with fewer than 50 employees and classified as low-risk, excluding those working under the repealed Article 81 of the Labor Law No. 4857, on (…)17,1819 2) For workplaces with fewer than 50 employees and classified as dangerous and very dangerous, the phrase ”31/12/2024’ in this subparagraph was annulled by the Constitutional Court’s decision dated 22/7/2025, E.: 2024/54, K.: 2025/163. 18 The phrase “1/7/2020” in this subparagraph was changed to “31/12/2023” by Article 10 of Law No. 7252 dated 23/7/2020. 19. The phrase “31/12/2023’ in this subparagraph was changed to ”31/12/2024“ by Article 71 of Law No. 7491 dated 27/12/2023. It shall enter into force on 1/1/2014, 3) six months after the date of publication for other workplaces, b) on the date of publication for Articles 9, 31, 33, 34, 35, 36 and 38 and temporary Articles 4, 5, 6, 7 and 8, c) six months after the date of publication for other articles. Enforcement ARTICLE 39 – (1) The Council of Ministers shall enforce the provisions of this Law. Table showing the effective dates of legislation amending or supplementing Law No. 6331, or Constitutional Court annulment decisions, on the following dates: 3/5/2013, 2/8/2013, 11/9/2014, 23/4/2015, 11/6/2015, 7/9/2016. Number of the Amending Law/Decree or Constitutional Court Annulment Decision. Articles of Law No. 6331 Amended or Annulled. Effective Date: 6462, 6495, 6552, 6645. 3, 3, TEMPORARY ARTICLE 4, 38, 2, 6, 15, 30, 8, 25, 25/A, 26, 30 TEMPORARY ARTICLE 4, TEMPORARY ARTICLE 9 Constitutional Court Decision dated 14/5/2015, E.: 2014/177, K.: 2015/49 6745 6770 7033 7061 2 38 TEMPORARY ARTICLE 4 Effective from 1/1/2017 27/1/2017 6, 15, 30, 38 30, TEMPORARY ARTICLE 10 1/7/2017 5/12/2017 KHK/703 7, 21, ADDITIONAL ARTICLE 1 On the date the President takes office after swearing an oath as a result of the Turkish Grand National Assembly and Presidential elections held together on 24/6/2018 (9/7/2018) 7166 7252 7491 7495 7538 Temporary Article 4 22/2/2019 38 38 24, 24/A, 26 3, 6, 8, 15, 31 Effective from 1/7/2020, on the date of publication 28/12/2023 3/2/2024 15/1/2025 Constitutional Court Decision dated 7/12/2023 and numbered E: 2021/125, K: 2023/213 Additional Article 1 Twelve months after the publication of the decision in the Official Gazette (5/6/2025) 7551 Additional Article 1 1/7/2025 Constitutional Court Decision dated 22/7/2025 and numbered E.: 2024/54, K.: Decision No. 2025/163, dated 9/12/2025
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