Expanded Occupational Health and Safety Obligations for Small Businesses

Strategic Insights -

The Turkish government has introduced amendments to the Social Security and General Health Insurance Law and Certain Other Laws, expanding the occupational health and safety (OHS) obligations of small businesses with fewer than 50 employees classified as low hazard. Previously, employers were required to provide OHS training, conduct risk assessments, and ensure workplace safety. The new amendments add further responsibilities, including the presence of an occupational safety specialist and a workplace physician at the workplace, and the provision of necessary equipment and time for OHS services. Failure to comply with these obligations may result in administrative fines.

Key Takeaways:

  • Workplaces with fewer than 50 employees and classified as low hazard must have an occupational safety specialist and a workplace physician present on site, unless supported by joint health and safety units or Ministry training.
  • Employers must provide necessary equipment and workspace for OHS services, and ensure coordination among those providing these services.
  • Employers must implement written recommendations from OHS specialists and physicians, and other measures regulated in the legislation.
  • For workplaces with fewer than 10 employees and less hazardous workplaces, it is possible to benefit from support transferred from Ministry premiums for short-term insurance branches.
  • Administrative fines for non-compliance with OHS obligations include being reviewed by the Workplace Hazard Classification List.

Statistics:

  • 50 employees is the threshold for OHS obligations under the amended legislation.
  • 10 employees is the threshold for certain support options.
  • 2025 is the year in which the new OHS obligations and administrative fines are regulated.
  • The Ministry of Labor and Social Security (Ministry) is responsible for announcing training programs and providing support.
  • The Ministry of Health's Employee Health Training Center provides workplace physician training.
  • Joint health and safety units can provide part-time OHS specialist and physician support.

Sources:

  • Law No. 6331 on Occupational Health and Safety
  • Law No. 7538 on Amendments to the Social Security and General Health Insurance Law and Certain Other Laws
  • Official Gazette dated January 15, 2025, and numbered 32783