TURKISH BUSINESS HEALTH AND SAFETY ACT (draft)

 

TURKISH VERSION
Download TURKISH BUSINESS HEALTH AND SAFETY ACT (draft) turkish

CHAPTER ONE

Objectives, Scope and Definitions

 

ARTICLE 1 - (1) The purpose of this Act, the occupational health and safety provision, occupational risk prevention, risk and accident factors are eliminated, health and safety requirements as a permanent improvement to be taken for protective and preventive measures and education on these issues, information, employees' views to be taken and participation by providing for their duties, powers, rights and obligations to regulate.

Scope

ARTICLE 2 - (1) This law belongs to the public and private sector workplaces, and all the work, and the employer representatives and employers in these workplaces, including apprentices and trainees to apply to all employees regardless of their activity.

 

Exceptions

ARTICLE 3 - (1) the provisions of this Act;

a) The Turkish Armed Forces in their activities due to specific laws,

b) The general law enforcement training, operations, exercises and so on its own activities,

c) Civil defence and emergency unit training, exercises and activities such as disaster response to the

d) Home services,

e) Employees employed to perform their own behalf and account of what goods and services production,

 

Definitions

ARTICLE 4 - (1) the implementation of this Act;

a) The employer: hiring employees who are not natural or legal person or legal entity, the institutions and organizations,

b) Employer's representative: Employers who act on behalf of business people and the establishment of field office management,

c) Sub-employer: An employer, the work carried out production of goods or services related to helping business or actually doing business in a chapter and have to work with the technological reasons, require expertise in business and business to do the job, employees are assigned only to this office the job of running the other employer,

d) Workplace: Goods or services in order to produce material that is not work with elements from the organization with the employer's office produced goods or services in the nature of loyalty, which under the same management organizations in place (connected to the workplace location) and the rest, the child breast-feeding, food, sleep , wash, inspection and maintenance, physical and vocational training and other add-ons and tools, including court organization,

d) Employees: own private law irrespective of status, public or private establishments in the actual people employed,

e) Children are running: 14 years of age after the age of 15 have completed primary education Not and employees,

f) Young working: after 15 years of age but did not complete 18 years of age employees,

g) Ministry: the Ministry of Labour and Social Security,

f) Regional Office: Regional Directorate of the Ministry of

h) Job security experts: Work in the areas of health and safety tasks to engineers and technical personnel authorized by the Ministry,

i) Technical staff: University physics, chemistry section, who are graduates with at least graduate level technical and vocational high school teachers of occupational health and safety section of the graduates,

i) Workplace doctors: Work in the areas of health and safety duties to the Ministry authorized by the physician,

j) Establishment of a nurse: occupational health and safety tasks to perform in the areas of the Ministry authorized by the nurse,

k) Employee health and safety representatives: at work in the areas of occupational health and safety of employees authorized to represent employees,

l) Bus accident: the unexpected occurs, and death, to disability, injury or damage suffered workplace or work equipment that led to the incident,

m) Occupational diseases: a re-configuration due to the nature of work or business, therefore conduct requirements of the employee's mental and physical integrity because of the parasitic disease,

n) Prevention: All phases of work conducted in the workplace to eliminate or reduce occupational risks for all of the measures planned or taken,

o) Danger: the workplace can come from existing or out, employees, business or production could affect the potential to harm or damage,

ö) Hazard Class: establishment of occupational health and safety in terms of work characteristics, work in every stage of use or the resulting materials, business equipment, production methods and patterns, working environment and conditions and other related matters by taking into account identified risk group,

p) Risk: The danger stems from the loss, injury or other possible harmful results origination,

r) Risk assessment: existing work or may come from outside to determine risk, danger arising from the degree of risk that the control measures to be agreed, implementation and monitoring practices should be made to work,

                                                             CHAPTER TWO

Obligations and Responsibilities

Establishment reporting

  ARTICLE 5 - (1) of this Law within the scope of a workplace to the nature, inheritance, the transferor, working partly or completely change, to end its activities, the establishment closes the employer or employer's representative within one month notice to the respective regional administrations are obliged to do.

(2) 22/5/2003 dated 4857 and 5953 dated 13/6/1952 of the Labour Code of the Press and the Profession in the relation between employees running according to the Law on the Adjustment of the notification by the employer, the Act also does not notice.

(3) Establishments that are included in the notice under this Act, registration, notification must take place in the documentation to be added to the information regarding the statement of principles and procedures shall be regulated by regulations to be issued by the Ministry.

  Employer's general obligation

ARTICLE 6 - (1) The employer, employees are obliged to ensure the health and safety business.

(2) The employer, employee health and to ensure the security of occupational risk prevention, education and information, including granting any necessary measures to be taken, make the organization the necessary tools and the provision of supplies, health and safety measures changing circumstances make it appropriate and current situation of continuous improvement goal to make efforts and work of the occupational health and safety measures are followed to monitor and control shall not obey.

(3) Of Article 11 of this Law according to the experts and organizations outside the workplace to get services from the employer's occupational health and safety issues do not eliminate the risk.

(4) Employees on occupational health and safety obligations, the employer does not affect the obligations of the first paragraph.

(5) Occupational health and safety and work hygiene measures to be taken on the cost of the employees cannot be reflected.

General principles of prevention

ARTICLE 7 - (1) The employer, occupational health and safety measures related to the provision;

a) Risk is avoided,

b) Not be possible to avoid risk to the analysis,

c) Risk to struggle with the source,

c) is made available to the person for the job and workplace design, equipment, work and production methods in the selection of care, especially in the production tempo of monotonous work and to health and safety to prevent negative impacts, the front is not to be minimized,

d) Ensuring compliance with technical developments,

e) To remove or minimize the danger to,

f) Technology, work organization, working conditions, social relationships and work environment that includes the effects of factors consistent with the general development of a prevention policy,

g) Collective protection measures, to be given priority over personal protection measures,

h) Give appropriate instructions to employees, is obliged to comply with general principles.

Work must be followed according to the characteristics of occupational health and safety principles
ARTICLE 8 - (1) the employer, taking into account the features of office work:

a) Use of work equipment and chemical substances and preparations for elections, including issues such as business formation and organization of employees in health and safety will evaluate all the risks. According to the results of this assessment, the preventive measures taken and the way the selection of production methods, employee health and safety upgrade in the level of protection and establishment of the administrative structure to be implemented at all levels provides

b) Working with the task, the employee's health and safety aspects to consider appropriateness of the work,

c) Planning and the implementation of new technologies, business equipment can be selected, the work environment and employee health and safety conditions in the affected employees, and / or takes the views of representatives,

d) Adequate knowledge of life and where special hazards and are instructed not to go outside the employees shall take necessary measures.

Control, measurement, review and research obligation

ARTICLE 9 - (1)  Employers, occupational health and safety aspects required for the work environment and personal exposure monitoring, measurement, review and research is required to provide.

(2) Personal exposure to work environment and the necessary control, measurement, analysis and research procedures and principles to make them with the individuals and organizations to determine the nature of the necessary permits and the granting of permission to cancel the regulations to be issued by the Ministry are organized.

Cooperation and coordination between the employer obligations

ARTICLE 10 - (1) If more than one employer used by the building or area, employers, occupational health and safety measures in the matter of enforcement cooperation and to make the business attributes by taking into consideration the prevention of occupational risks and protect them with the coordination of relevant studies carried out in turn Employers, in these studies, together with the representatives of employees and other employers are informed about the risks. Coordination, defined jointly by the employer is provided by the person or persons.

(2) Actually, with the employer of the employer's activities, it may affect each other's work, occupational health and safety measures must be taken to identify and implement the necessary coordination in fact is provided by the employer. Original employer, the employer's employees against the liabilities arising from the establishment of this Law concerning the employer is responsible with.

(3) Original employer, the employer's own employees to fulfil the obligations arising from the provisions of this Act and not to work by taking into account the characteristics of the permanent controls.

Occupational health and safety services

ARTICLE 11 - (1) the employer, occupational health and safety services to fulfil the office of workplace health and safety unit is set up. This unit of work safety experts in the medical establishment, the establishment of a nurse and if necessary other elements are also assigned.
The workplace, this quality does not have sufficient personnel, this obligation is authorized by the Ministry of individuals and organizations outside the workplace based services are fulfilled.
Occupational health services is a whole, as a partial purchase of services can be made.
In the framework of the 11^th paragraph of this article, the entire service area of individuals and organizations outside the employer's workplace, workplace health and safety unit is not required to install.

(2) Occupational health and safety services to business security specialist engineers in the classroom all the dangers of business establishments will be established health and safety unit, the occupational safety expert technical staff of the less hazardous and dangerous classes of business establishments will be established health and safety unit will be assigned.

(3) This article is within the scope of the services to carry out assigned tasks due to people's rights and privileges cannot be restricted. Duties and powers of these people turn professional independence in the execution.

(4) This article is within the scope of services to persons assigned to carry out the tasks required for vehicles, equipment; training and adequate time is given.

(5) Workplace health and safety services will work in cooperation and coordination with people.

(6) The employer, work activities, services, or the person or organization designated by the occupational health and safety legislation in accordance with recommendations by taking into consideration the proposals and shall be executed.

(7) The employer, employee health and safety issues affecting the known or likely to affect individuals and organizations about the services that informs. In addition, the employer of these individuals and organizations to run their establishment from other establishments with employees, employers and employees to receive information about offers.

(8) Adequate professional knowledge, skills and equipment have become the establishment size, risk class, the nature of work and employment by taking into account, in the first paragraph of this clause the matter to be met, the employer may undertake its own.

(9) Public institutions and organizations with the state economic enterprises, the relevant legislation works is that medical institutions with the engineers and technical staff, the Ministry authorized by the being and working time legislation and in other things to adapt to the requirements to run the institutions and organizations occupational health and safety services to conduct the workplace and occupational safety professionals as physicians may be assigned. These organizations and institutions in the health units, the necessary conditions to carry into the workplace health and safety unit are available.

(10) Services from people and organizations, occupational health and safety risk prevention, protective and preventive services because of defects conducted, are responsible for providing services to the employer.

(11) Under this Article;

a) Workplace health and safety units, the work assigned to individuals or businesses from outside the services from individuals and institutions to search properties, these individuals and organizations working conditions, tasks, how execution, will be assigned the number of individuals, the recruitment of these people training, training to institutions and organizations, nature of ,

B) Services of individuals and organizations that will be, duties, powers and responsibilities, and authority of the Ministry authorized by cancelled, the organization will be personnel and equipment for the inspection of these institutions,

c) establishment size, risk class, the nature of business and number of employees by these individuals and organizations which conditions will be service, or service is assigned to be the number of people, duration of residence, the services,

d) establishment size, risk class, work and employment, the nature of the employer to take into account the considerations mentioned in the first paragraph of this clause in which case he may undertake,

Principles and procedures related to the opinion of the Ministry of Health regulations to be issued shall be regulated by Ministry.

Risk assessment

ARTICLE 12 - (1) The employer, workplace or special risk status of the affected employees to receive health and safety aspects into consideration in the risk assessment, or is obliged to do to do.

(2) The employer must be taken according to the results of risk assessment measures and the protective equipment should be used to decide and implement decisions.

(3) Risk assessment, which will be made on how the businesses, the assessment of individuals and organizations to determine the nature of the necessary permits and permission to cancel the procedure and principles regarding the Ministry shall be determined by regulations to be issued.

Emergency plans

ARTICLE 13 - (1) the employer;

a) Operating environment, materials used, work with equipment and environmental conditions by taking into consideration that may occur in an emergency to pre-evaluate this assessment as a result, employees and work environment to influence the possible and potential emergency situations by identifying their adverse effects and preventive measures to limit takes

b) of the emergency protection from the negative impact on measurement and evaluation necessary to make an emergency plan to prepare this case for dealing with prevention, protection, evacuation and other team officials on issues by creating tools and providing supplies and training and doing exercises, and teams are always ready to let.

(2) Configuration, the nature of business, employment, establishment size, used, stored and produced materials, work equipment and workplace issues such as the position of considering an emergency plan preparation procedures and related guidelines to be issued by the Ministry shall be determined by regulations.

First Aid, fire fighting, evacuation of people

ARTICLE 14 - (1) the employer;

a) the establishment size and move it to the specific danger, the nature of the work, the number of employees at work and the other people taking into account , fire fighting and evacuation of persons required to take measures and education on this subject, with appropriate equipment in sufficient numbers are assigned to people,

b) In particular emergency medical response, rescue and fire fighting issues, contacts with organizations outside the workplace to make the necessary arrangements to provide.

Seriously, close to danger and cannot be pre -

ARTICLE 15 - (1) The employer, exposed to danger or risk of serious and close to all the employees, with threats against them and that will be taken as soon as possible on measures to inform.

(2) the employer serious danger in the near and front in addition to employees' job, leaving a safe place away from the workplace immediately to make necessary arrangements to go and give instructions.

(3) The employer of the serious and continuing danger that close working conditions, forced to remain so, with the necessary equipment and specially assigned, except, other workers may not want to continue to work.

(4) The employer, its employees or other persons for security seriously, and close encounter with a danger that the attention given to the news and not just cases, information and available technical equipment using unsolicited preliminary results need to be able to do keep is obliged to provide.

The right to refuse to work

ARTICLE 16 - (1) Staff, faced with serious danger, and remains close to occupational health and safety of the contact situation is established by a decision to take the necessary measures may request. The Board decided the same day as collected, and the consideration is determined. Decision, employees and occupational health and safety shall be notified in writing to the employee representatives. Occupational health and safety committee or representative are not available to businesses is that employers demand. The employer or representative is required to respond in writing on request.

(2) The Board's decision if the employee works in the direction of demand, the necessary occupational health and safety measures taken until the work can be avoided.

(3) Staff, serious danger, and close the case before the first paragraph cannot be forced to comply with the procedures without leaving the office or can be dangerous territory. Because of this behaviour can not restrict employees' rights.

(4) The employee to work during the term cost avoidance and other rights are reserved.

(5) Work and the employer's request or if any occupational health and safety board's decision despite the receipt of necessary measures to workers with job contracts;

a) 4857 of the Act as employees subject to Article 24 of the same law (II-f) I was

b) 20/4/1967 No. 854 dated the same as the sea subject to Labour Law Article 14 of the Law (II-b) was

c) 13/6/1952 dated and numbered 5953 in the relation between running with the press of work in the Vocational Adjustment of the Law are subject to Article 11 of the employees of the same Act,

ç) 22/4/1926 dated and numbered 818 employees in the same subject to the Law of Obligations Article 345 of the Act,

To be subject to the provisions of the employment contract may terminate.

(6) According to Article 30 suspension of business or establishment to close the office if the provisions of this Article shall not apply.

(7) Under this Article, the tasks to make them neglect or careless behaviour, unless the employee can not restrict rights.

Business registration and notification of accidents and occupational diseases

ARTICLE 17 - (1) The employer of an employee's three-day loss of more working days to determine the causes of work accidents are reported to him to occupational disease, within three business days is required to notify the regional directorate.

(2) The employer;

(a) The Workplace accidents and occupational diseases occurring all the work to keep track of the necessary tests to make reports on them to edit,

b) Workplace injury or death occurs, but is not causing the damage suffered in the workplace or work equipment by reviewing the events that led to them to edit the report, is required.

(3) Health institutions, their inheritance of the industrial accident or occupational disease is detected or suspected cases, at the latest within ten days is required to notify the regional directorate.

(4) Work accidents and occupational diseases notification, examination, registration and reports will be kept at work for the preparation of principles and procedures related to regulations to be issued shall be regulated by the Ministry.

ARTICLE 18 - (1) workplace occupational health and safety and will continue to be provided and the employer, employees and agents;

a) Work for the health and safety risks, protective and preventive measures,

b) About your own legal rights and responsibilities,

c) First aid, fire fighting and evacuation of people that are assigned to jobs, considering the establishment of features and provides the necessary information to receive.

(2) The employer, employees from other establishments to run their own workplace, receiving the first to provide information specified in paragraph, the employees of the employer is obliged to provide the necessary information.

(3) The employer, workplace occupational health and safety related to specific tasks that have employees, and occupational health and safety representatives of employees, risk assessment, occupational health and safety and related protective and preventive measures, measurement, analysis, technical control, records and reports by muster provides the information obtained to reach.

Employees' participation in the provision of opinions and to receive

ARTICLE 19 - (1) The employer, on matters relating to occupational health and safety of employees and representatives shall receive opinions, proposals and recognizes the right to bring these issues to take part in the negotiations and participation provides.

(2) The employer, occupational health and safety issues with specific tasks in workers with occupational health and safety representatives of employees;

a) services will be from outside the shop or office will be assigned physician, work with security experts and other personnel , fire fighting and evacuation of people for jobs to be assigned,

b) Risk assessment should be made and the protective measures should be used to determine the protective equipment,

c) Health and safety risks and preventive services to prevent the execution of works,

d) To inform employees,

d) Employee will be given training in planning,

(3) Employee health and safety representatives, to be absent in the source of danger or make suggestions to reduce the employer and employee want to take the necessary measures are entitled to.

(4) Occupational health and safety issues that have special tasks in the occupational health and safety of employees or employee representatives, carry out tasks specified in this clause will not restrict the rights because of fixes.

Employees' training

ARTICLE 20 - (1) The employer, employee occupational health and safety training to ensure that. This training in particular, before starting work, work place or job changes, and the work equipment shall not change or new technology implementation is in the form of. Educations, changing and emerging new risks as renewed, when necessary, at regular intervals and are repeated.

(2) The employer, employees from other establishments to run their own workplace, you will encounter in their work related to health and safety risks include sufficient information and instructions regarding the training cannot start work without documentation.

(3) Employee health and safety representatives are specially trained.

(4) Shall be given under this Article of the cost of training employees cannot be reflected. Education is considered to be the operating time in the last period.

(5) The employer, the temporary employment relationship with employees from the workplace, occupational health and safety against the risk of providing the necessary training.

(6) To run the workplace must have vocational training for people to do business without professional training cannot be started.

(7) Work accident or occupational disease is caught passes before employees start work, that's why we win or occupational disease, and protection and safe working methods related to the way education is provided. Moreover, for any reason, more than six months away from work again to start the training before renewal information is provided.

(8) Employee and / or representatives shall be given to their training, occupational health and safety training to individuals and organizations to search for features which work with the vocational training for the start Ministry procedures and guidelines to be issued shall be determined by regulations.

ARTICLE 21 - (1) The employer, employee;

a) The workplace health and safety risks will be subject to taking into account subject to health surveillance,

b) Employment entrance, the business changes, the industrial accident or occupational disease to return to work later, the job again for health reasons and not out of the medical examination done at regular intervals,

sağlamakla yükümlüdür. Is obliged to provide.

(2) Engage in a workplace will work; will make suitable and durable employment without health certificate stating that they cannot be started.

(3) Health report, business or provides services outside the workplace health and safety unit will be involved in the establishment of the physician. Reports objections by the Ministry of Health hospitals are designated arbitrator. The given decision is final. Health surveillance of the cost of the employees cannot be reflected.

(4) The employee's private life as health examinations and to protect the reputation of the confidentiality of health care information is shown.

(5) Health surveillance and health procedures and regulations related to reports of the Ministry of Health received the opinion of the regulations to be issued shall be regulated by the Ministry.

Precise risk groups

ARTICLE 22 - (1) Women, children, youth, elderly, disabled, pregnant or breast-feeding women and other vulnerable risk groups, working environment and conditions are protected from dangers.

(2) The risk of workplace risk assessments sensitive groups in particular are taken into account. According to the results of this assessment the employer shall take necessary measures.

(3) pregnant or breast-feeding women, which in the period what work is prohibited, and they work in mind non-work under which conditions and procedures to be followed, which if breast-feeding rooms and / or nursery should be established where the employer which, if outside services can or common rooms or homes to install Get the opinion of the Ministry of Health prepared by the Ministry is determined by the regulations.

CHAPTER THREE

Obligations of Employees

Employees' obligations

ARTICLE 23 - (1) Staff, occupational health and safety related procedures and guidelines and the employer in this matter to follow the instructions, the job security to reduce risk, he and other persons necessary for the attention and care to show and to attend training is required.

(2) Staff, training and instructions given to them by the employer in line with;

a) Machinery, equipment, tools, equipment, dangerous substances, transport equipment and other production tools to use properly,

b) Personal protective equipment provided to them and to protect the right to use,

c) Work machinery, equipment, tools, equipment, facilities and buildings used in the safety equipment in accordance with the rules and not to remove them and replace arbitrary,

d) work machinery, equipment, tools, materials, plant and buildings from the direction of health and safety seriously, and when confronted with sudden danger or protection measures when they see a lack of employer and occupational health and safety employee representative to be informed immediately,

d) at the workplace, inspections by the competent authorities of the flaw detection and correction of irregularity in the legislation, employers and occupational health and safety representatives and employees for the protection of health and safety to cooperate,

 

CHAPTER FIVE

Miscellaneous Provisions

 

Workplace hazard class

CHAPTER SIX

 

CHAPTER SEVEN

Administrative sanctions

(6) of this Law Article 11 of the first paragraph, in contravention; workplace health and safety unit to establish or outside the workplace does not serve the employer or employer's representative to the Turkish Lira  assigned, or does not receive services for each person thousand Turkish Lira administrative monetary penalty is given. Report abuse case more; workplace health and safety unit is not installed, do not get services from outside the establishment, not to be assigned or service to be done to track the same amount for each month is applied to administrative fines The same substance, third paragraph, contrary to that mandated by the people of the tasks due to the rights and privileges restricted, the fourth paragraph, contrary to that mandated by the people who work to satisfy the necessary tools, equipment and adequate time allocation does not, the fifth paragraph, contrary to the health and safety services  people cooperation between and to ensure coordination, in the seventh paragraph, the person or organization in contravention of services that do not inform the employer or employer's representative separately for each violation will be given administrative fines Turkish Lira. The regulations stipulated in the eleventh paragraph of the same substances that are fit for each article to the employer or employer's representative is given administrative fines Turkish Lira.

(7) of this Law, Article 12 of the first paragraph, in contravention to the risk assessment is not the employer or employer's representative to the Turkish Lira üçbin the same substance in the second paragraph of the act is against the employer or employer's representative, the risk assessments are determined for each of the occupational health and safety measures for a hundred Turkish Lira, the second paragraph of Article 22 of the act contrary to the provisions of the employer or employer's representative is given administrative fines Turkish Lira Report abuse continued into the penalty will be applied in solid  Envisaged in the third paragraph of Article 12 of the regulations are followed for each employer or employer's representative to the provisions of Article Turkish Lira face administrative fines will be given.

(8) of this Law Article 13 of the first paragraph of the performance of its obligations to fulfil the employer or employer's representative to the Turkish Lira the same substance in the second paragraph of the prescribed regulations are not followed the provisions of each item for the employer or employer's representative to the Turkish Lira face administrative fines are applied

 

                                                       CHAPTER EIGHT

Transitional and Final Provisions

National occupational health and safety council

ARTICLE 24 - (1) Country-wide occupational health and safety related needs, priorities, policies and strategies to develop recommendations for, to advise the National Occupational Health and Safety Council is established.

(2) The Council consists of the following members:

a) Labour and Social Security or the Assistant Undersecretary of the Ministry,

b) Occupational Health and Safety or the Assistant General Manager,

c) Audit Committee Chairman or the Assistant Business,

d) Study or Assistant General Manager,

d) Chair of the Social Security Agency or the General Manager Head of Department,

e) From the Ministry of Health or the Assistant General Manager,

f) Ministry of Environment and Forestry, or the Assistant General Manager,

g) From the Ministry of Agriculture and Rural Affairs or the Assistant General Manager,

g) From the Ministry of Industry and Commerce or the Assistant General Manager,

h) The State Planning Organization of the General Manager or Head of Department,

i) State Personnel Department of the Presidency or the Vice-President,

i) a representative from the Higher Education Committee Chairman,

j) Most members of a delegation from the Confederation of Employers' Unions,

k) Most members of one of the first three representatives of Confederation of Labour Unions,

l) Most members of one of the first three representatives of Confederation of Trade Union Officers,

m) A representative of Turkey Union of Chambers and Commodity Exchanges,

n) A representative of Turkey at the Confederation of Tradesmen and Artisans,

o) A representative from the Turkish Medical Association,

o) A representative from the Association of Turkish Engineers and Architects Chamber,

 

 

(3) Council, the Ministry of Labour and Social Security, chaired by the Undersecretary or Assistant. Participating in meetings of the Council decision shall be taken by absolute majority of the members. In the case of equality of votes the decision that determines the other.

 (4) National Occupational Health and Safety Council of the secretariat services, Occupational Health and Safety are carried out by the General Directorate.

 (5) The need to organize or work life changes according to the number of members not exceeding 30 of the Occupational Health and Safety General Manager with the approval of the proposal and Council members are appointed ministers.

 (6) The Council shall meet the usual twice a year. One-third of the president or members of the bid can be as extraordinary.

 

(7) The Council's working principles and procedures shall be regulated by regulations prepared by the Ministry.

National occupational health and safety policy

ARTICLE 25 - (1) the provision of health and safety of employees, and continuous improvement to be sustainable by the Ministry of national occupational health and safety policy is created.

 

Employee health and safety representative

ARTICLE 26 - (1) The employer of this Act to Article 19 in accordance with health and safety related work participation, work monitoring, measures to want to be, make proposals and other issues employees authorized to represent, one or more employee, occupational health and safety employee representative allows the task to do.

 (2) 2-50 employees, establishments with 1 representative, between 51-100 employees in 2 representative offices, between 101-500 employees in 3 representative offices, between 501-1000 employees, with 4 representative offices, between 1001-2000 employees, establishments with 5 representatives, employees between 2001-3000 in 6 representative offices, employees between 3001-4000 in 7 representative offices, and over 4001 employees in 8 representative offices will be assigned. If more than one representative in the case of one of these representatives will be assigned as a representative head.

 

(3) There must be more than one employee representative offices, establishment of employee representatives in the selection of representatives in the distribution will be happy to be balanced.

 (4) Occupational health and safety representatives of employees, carry out these tasks because attributes cannot restrict rights.

 (5) The employer, employee occupational health and safety representatives, to fulfil the tasks specified in this Act provides the necessary facilities and without a wage loss will give sufficient time within working hours.

 (6), dated 5/5/1983, and work of the Trade Unions Act 2821 and dated 25/6/2001 and numbered 4688 of the Public Officers Law on Trade Unions in accordance with the provisions of the union officials in the case of workplace trade union representatives on occupational health and safety employee representative as can do it.

 (7) Occupational health and safety representative selection of employees, properties, office, duties and authority of principles and procedures relating to get the opinion of the State Personnel Presidency shall be determined by regulations to be issued by the Ministry.

Occupational health and safety committee

ARTICLE 27 - (1) The employer, more than 50 and the employee, the job lasts more than six months on the job of health and safety committee to set up and established by the occupational health and safety legislation in accordance with the decision is obliged to apply.

 (2) Actually, the employer-employer relationship with the employer and the job lasts more than six months in the case, the actual employer and the employer of each of the number of employees less than 50 but the total number of employees to be more than 50 cases, the occupational health and safety committee fact is established by the employer.

(3) More than one employer at a workplace and the employer's occupational health and safety committee for more than one building as employers, they may affect the work of other employers informed about decisions being established.

 (4) between the actual employer-alt employer relationship in the same working environment activities by employers, more than one occupational health and safety of the board to set up mandatory when the boards of the activities and decisions of others affect their operation may, for activities to be carried out and decisions to implement the cooperation and coordination actually is provided by the employer.

 (5) occupational health and safety committee of the formation, duties and powers, working methods and procedures, employers belonging to more than one occupational health and safety committee to be established on condition that the coordination between and collabouration with the relevant procedures and regulations, the State Personnel Presidency received the opinion of the Ministry with the regulations to be issued is regulated.

 

ARTICLE 28 - (1) Workplaces, occupational health and safety in terms of characteristics of the work, work in every stage of use or the resulting materials, business equipment, production methods and patterns, working environment and conditions and other related matters to take into account less dangerous, hazardous and very dangerous to be divided into three classes will .

 

(2) Workplace occupational health and safety risk in terms of which will go to the class, headed by General Manager of Occupational Health and Safety will be determined by the commission created. The Commission, Labour Inspection Board Presidency, Ministry of Health, Social Security Institution for the Presidency, the Higher Education Institution of the Presidency, the Turkish Medical Association, Turkey Engineers and Architects Association Rooms, most members of the employers' confederation, most with many members of labour union confederation and the most with members of civil unions confederation is made up of one representative.

(3) The Commission, in determining risk of first-class job with the points mentioned in paragraph accident and occupational disease statistics to keep in mind.

(4) The Commission shall meet regularly every year in November the Ministry may call for extraordinary meeting of the Commission when necessary Agenda of meetings of members shall be notified 15 days before the date of the meeting. Occupational Health and Safety Commission's secretariat work is carried out by Headquarters. Commission decisions are mostly salt In case of equality of the President's vote will determine the decision Commission decision, the decision book will be written and signed by members.

 (5) On the basis of the decision of the Commission, the Workplace Hazard Class Paper is published.

Permissions and certification

ARTICLE 29 - (1) Chemicals from abroad to bring the work environment and conditions, used, stored or emerging materials concerning the study of law and occupational health and safety legislation with the provisions of other evaluation of compliance, permits and documents to be work, businesses or products with this permission and for receiving documents to be issued by the Ministry of principles and procedures are regulated by regulations.

Business license

ARTICLE 30 - (1) under this Act in the establishments, establishment size, risk class, the characteristics of jobs and number of employees in terms of the businesses which apply to the Ministry for the business license will be taken, what type of application documents, plans, projects and reports are prepared, business license, without drop - How about the issues of being closed by the establishments to be issued is determined by a regulation.

 (2) Business license is required to take jobs without this document can not be opened. Without this document, until the drop-off businesses business document is received.

 (3) to open to allow establishment of the competent authorities before you allow this, according to occupational health and safety legislation from the Ministry to investigate the existence of the necessary business documents Business license from the Ministry to be allowed to be opened by the relevant authorities workplaces.

Manufacturer and supply of those obligations

ARTICLE 31 - (1) Work equipment, personal protective equipment, raw materials, semi finished and finished materials producer, will be procured from the office or outside maintenance, service, and who provide similar services, institutions and organizations, these products and services, occupational health and safety and to ensure compliance with the provisions of relevant legislation are required This obligation, the employer's liability does not affect the substance of the sixth.

Suspension or closure of the business establishment.

ARTICLE 32 - (1) occupational health and safety inspections for work authorized by the inspectors office buildings in and plug-ins, working methods and ways, the work equipment in terms of working life can become an issue is identified, the threat is resolved by decision of the commission until the risk according to the nature of the job stops or the business closes or partially Fulfil the requirements of the regulations in this Article is to continue to work cannot be stopped, not closed up shop.

. (2) The Commission, in terms of job health and safety officials to inspect two inspectors, representatives of employees, the employer representative and district manager to consist of five members. One of the inspectors involved in the Commission's job to stop the proposed closure or establishment is the inspector. The Commission is chaired by the district director. Jobs related to the operation of the Commission secretariat is carried out by regional administrations.

(3) The employer, this article will be provided according to the decision to suspend or shut down the court against the local business may appeal within six business days. Work on the appeal court, suspension of business or business does not stop the implementation of the decision to close. The court of appeals opinion and the first six business days to decide ties. Decisions are final.

(4) Work for 29 and 30 of this Act according to the article in occupational health and safety documents required or permitted to be taken for implementation of the provisions of this clause does not constitute a disability.

(5) The employer of the first paragraph of this article with the job stopped completely or partially, or unemployed because of the establishment to close the remaining employees to pay fees or charges to be a low status in accordance with the profession or another employer is obliged to.

 

 (6) Public institutions and organizations and other business establishments partially or completely stopped or establishment to close operations, the working conditions are allowed, emergency cases to stop the job or workplace closure decision until later in the period will be for measures concerning the commission will take part in work and nature of the employer representatives, elections, the commission's operating procedures and principles to get the opinion of the State Personnel Presidency prepared a regulation is determined by the Ministry.

(7) Military and homeland security businesses to produce the necessary substances to stop the job or workplace closure, the nature of the commission is created, working procedures and principles of the National Defence Ministry and the Ministry will be prepared is determined by a regulation.

Using alcohol or drugs ban

ARTICLE 33 - (1) the workplace, alcoholic beverages or take drugs and have come to the office to use alcohol or drugs is prohibited.

2) The employer, the part number of plug-ins in office, what if, what time and what conditions can drinking alcohol has the authority to determine.

 (3) prohibited the use of alcoholic beverages;

a) Alcoholic beverages must be made by business establishments and employees tasked with checking the produced,

b) Closed or open containers of alcoholic beverages sold in or into the requirements of the job of having to drink alcohol, the

c) Work with the customer's properties should be forced to drink alcohol, the does not apply to workers.

Health and safety regulations

ARTICLE 34 - (1) of the country in the need to take into account the occupational health and safety provision, maintenance and continuous improvement objectives for the office building and add-ins, work equipment, work in every stage of use and the resulting materials, working environment and conditions in need are regulations can be.

The authority of the State

ARTICLE 35 - (1) The state monitors the implementation of the provisions of this Act, the checks and inspections. This assignment to the Ministry of Labour and Social Security number connected enough to the needs and features make the inspection and supervision by inspectors will be authorized to work.

 (2) Public Institutions for occupational health and safety aspects with the results of the monitoring and inspection procedures to be issued by the Council of Ministers decision is carried out according to the regulations.

 (3) Military produce substances necessary for the safety of the homeland işyerleriyle occupational health and safety in workplaces with the results of the inspection process with the Ministry of National Defence Ministry is conducted according to the regulations will be prepared.

Inspector's Authority

ARTICLE 36 - (1) of Article 35 provisions for the implementation of, work inspectors, employee health and safety in workplaces to monitor all the time to examine, to investigate, inspect, and that the law creates aykırılık actions when they encounter these cases to avoid have the authority.

 (2) employers, employer representatives and employees, review and inspection on the subject the other person, work by inspectors and monitoring inspections because they are calling time to come, of expression and to provide information, necessary documents and evidence in order to demonstrate and to give the first paragraph, written tasks To make them show all kinds of convenience, in this way to fulfil orders and requests are required without delay.

 (3) Work by the inspectors held constant until the record is valid and otherwise.

Inspector's obligation

ARTICLE 37 - (1) Labour inspectors, tasks, while doing the normal way, the production and service flow, the review of the issue qualifications according to the as possible may hinder, not stop, the power and official actions be conducted to conclude the explanation does not require, employers and workplace professional secrecy and conditions, economic and commercial status with the employee's health and personal information that you see and learn about the issues and to keep confidential the information by themselves and their expressions or that refer to the notice, or employees, and the identity of other persons are obliged not to disclose.

 

ARTICLE 38 - (1) The employer or employer's representative of the work by the inspectors of expression and information, refer to the employees, both directly and indirectly, as in the negative to infuse its employees to hide the truth or to change direction or any change in circumstances or forcing employees and / or representatives of relevant authorities to apply, news, and because of testimony, to the employees in the bad behaviour is prohibited.

(2) employees, their work or leave their jobs or employers about the true inappropriately notice and complaint in the competent persons, institutions and organizations unnecessary operations occupy or employers unjustly bad situation to reduce takeoff and work by the inspectors themselves asked to issue a real violation of the answers given by the inspection done have to make difficult or as a result of wrong in a malicious behaviour is prohibited.

Overview of law enforcement assistance

ARTICLE 39 - (1) full of the provisions of this Act and as required to inspect workplaces to implement the authorities see the need for inspectors to work and in the case of the general law enforcement, labour inspectors can do their duty to provide assistance in all kinds are responsible for.

Administrative monetary penalties

ARTICLE 40 - (1) of Article 5 of this Law to act contrary to the obligations of notification to the employer or employer representative for each working face of the Turkish Lira is given administrative fines More to follow in case of repugnance for the same amount each month is applied to administrative fines. The administrative fines foreseen in this paragraph, Article 98 of Law No. 4857 according to the administrative fines applied shall not apply to the employer or employer's representative.

(2) Contrary to Article 6 of this Law to move to the employer or employer's representative is given administrative fines thousand Turkish Lira.

(3) of this Act 7, 8, and contrary to the provisions of Article 14 action to the employer or employer's representative, is not fit for each obligation will be given administrative fines ikiyüz Turkish Lira Report abuse continue, if measures are not taken each and every month will be applied for the same amount of administrative fines.

(4) of this Law article 9, in the first paragraph, the obligation to fulfil the employer or employer's representative to the Turkish Lira beşyüz the same substance in the second paragraph, the prescribed regulations are not followed the provisions of each item for the employer or employer's representative to the Turkish Lira face administrative fines are applied.

 (5) is envisaged in Article 10 of this Law cooperation, coordination or control the employer's obligation to move against each other or each of the obligations of employers to meet representatives of the Turkish Lira ikibin be given administrative fines. More each month in contradistinction to Turkish Lira beşyüz is applied to administrative fines.

 

(9) of this Law, Article 17 of the first paragraph contrary to the provisions of the act the employer or employer's representative to the thousand Turkish Lira, the second paragraph (a) was acting contrary to the employer or employer's representative to the Turkish Lira beşyüz the same substance in the third paragraph of the notification obligation to act in violation beşyüz Turkish Lira, the same substance in the fourth paragraph, each article is followed by the prescribed regulations for the employer or employer's representative to the Turkish Lira face administrative fines will be given.

10) Of this Law; 18 and the provisions stipulated in Article 19 action against the employer or employer's representative to the Turkish Lira are given administrative fines.

(11) Of this Law, Article 20 of the seventh paragraph to the provisions of the act contrary to the employer or employer's representative is to provide education for every person ikiyüz Turkish Lira, the same substance in the eighth paragraph of the anticipated regulations that are followed each article for the Turkish Lira face administrative fines shall be.

 (12) of this Law, Article 21 of the first and second paragraph, the provisions of the act contrary to the employer or employer's representative to the health surveillance is not subject to the employee for each ikiyüz Turkish Lira, the same substances in the fifth paragraph of the anticipated regulations that are followed each article for the Turkish Lira face administrative fines is given.

 (13) of this Law in Article 22 of the first paragraph contrary to the provisions of the act the employer or employer's representative on the face of Turkish Lira, the same substance in the third paragraph of the regulations are not followed the provisions of each item for the employer or employer's representative to the Turkish Lira face administrative fines will be given.

(14) of this Law Article 26 of the fifth paragraph to the provisions of the act contrary to the employer or employer's representative to the two sides of the Turkish lira, the same substance in the seventh paragraph of the regulations are not followed the provisions of each item for the employer or employer's representative to the Turkish Lira face administrative fines will be given.

 (15) of this Law, Article 27 of the fourth paragraph to the provisions of the act contrary to the employer or employer's representative to the thousand Turkish Lira, the same substances in the fifth paragraph of the regulations are not followed the provisions of each item for the employer or employer's representative on the face of Turkish Lira Administrative fines are given. Report abuse continued into the penalty will be applied in solid birbuçuk.

(16) Article 29 of this Act specified in the regulations are followed for each employer or employer's representative to the provisions of Article Turkish Lira face administrative fines will be given.

(17) of this Law Article 30 of the first paragraph of the provision in contravention of business documents without opening a business, the same substance the provisions of the second paragraph, in contravention to the closed establishment of business documents without opening the employer or employer's representative to the Turkish Lira sekizbin administrative fines will be given.

 (18) Of Article 32 of this Act to fulfil the requirements specified in the regulations; stop to continue the job, the employer or employer's representative who closed the workplace unauthorized administrative fines given to the Turkish Lira is sekizbin.

 (19) foreseen in Article 34 of this Law contrary to the provisions of the regulations by moving to the employer or employer's representative, occupational health and safety measures are not taken for each face of the Turkish Lira is given administrative fines. Abuse continues, if measures are not taken each and every month will be applied for the same amount of administrative fines.

(20) The second paragraph of Article 36 of this Law and the provisions of Article 38 action against the employer or employer's representative to the Turkish Lira sekizbin be given administrative fines.

(21) Labour inspectors inspected by the office with the requested information and documents within the specified period of time without the force majeure does not give the public administrations, banks, revolving capital organizations, established by law and organizations, institutions and other real and legal persons of Turkish Lira beşbin, be given later in thousand Turkish Lira is the administrative fines are applied.

 (22) Labour inspectors or other law of this Act arising from the inspection and monitoring tasks to be fulfilled during the tasks, and to lead to people with disability, another criminal act, even'll sekizbin Turkish Lira will be given administrative fines.

Matters relating to the application of administrative fines

ARTICLE 41 - (1) of this Act specified in the administrative fines shall be specified reasons are given by the district director.

 (2) Of Article 40 of this Act two, three, four, five, six, seven, eight, nine, ten, eleven, twelve, thirteen, fourteen, fifteen, Sixteen, and in the nineteenth paragraph of the administrative fines;

a) Very dangerous and hazardous workplaces in the class are classified as employees at establishments with more than ten establishments for the same employer or employer's representative,

b) Establishments classified as dangerous and fewer employees on the employer or employer's representative at a rate reduced by fifty percent,

c) A small employer or employer's representative for all dangerous establishments at a rate reduced by fifty percent,

uygulanır. Apply.

(3) In this Act the prescribed administrative monetary penalties, the beginning of each calendar year to the current year, dated 4/1/1961 and the Tax Procedure Law No. 213 of 298 replicated in accordance with the provisions of Article detect and announce the re-valuation is applied at a rate of increase.

Provisions are repealed and replaced

(1) 4857 of the Labour Code of the first paragraph of Article 4 (f) above in the "Occupational health and safety without prejudice to the provisions of" the phrase has been removed from the item text.

 (2) Labour Code of the last sentence of the first paragraph of Article 7 of the "workers against risks to health and safety are required to provide the necessary training." Phrase has been removed from the item text.

3) Business Law Article 63 of the fourth paragraph of the article was removed from the text.

(4) Business Law, Article 69 of the fourth, fifth and sixth paragraphs of, 72, 77, 78, 79, 80, 81, 83, 84, 85, 86, 87, 88, 89, 95, 105 th and the second temporary materials has been abolished.

(5) In the first paragraph of Article 98 of Labour Law that "the scope of Article 85 of the establishments are run for each worker thousands of New Turkish Lira," the phrase has been removed from the item text.

 

(6) Business Law Article 104, in the first paragraph and in the regulations mentioned in this article "the phrase has been removed from the item text.

(7) Business Law Article 25 of paragraph 2 of nci (d) in paragraph or Article 84 contrary to the act 'phrase', 'or workplace alcohol or drugs have come as a workplace or the use of materials' in the form has been changed.

(8) Of the Labour Code of the second paragraph of Article 107 in the past "does not create a criminal act if" the phrase "a criminal act'll even other" modified in the same paragraph, to come after the third paragraph the following paragraphs are added:

"Work by inspectors inspected the workplace on the desired information and documents within the specified period of time without the force majeure does not give the public administrations, banks, revolving capital organizations, established by law and organizations, institutions and other natural and legal persons about beşbin Turkish Lira, be given later in the thousand Turkish Lira is applied to administrative fines.”