Employer Obligations in Occupational Health and Safety
Obligation to Assign Personnel and Procure Services (Art.5)
For the execution of occupational health and safety services, the employer assigns, from among its employees, a workplace physician and an occupational safety expert with the relevant qualifications. In workplaces in the very hazardous class with ten or more employees, other healthcare staff must be assigned in addition (Art.5/1).
Where personnel with the required qualifications are not available at the workplace, the employer may fulfil all or part of these obligations by procuring services from Joint Health and Safety Units (OSGB) or from Worker Health Centers (ÇASMER) (Art.5/2). The assignment obligation may thus be met either through in-house employment or through external service procurement.
Where a full-time workplace physician and occupational safety expert are assigned, a workplace health and safety unit (İSGB) is additionally established at the workplace (Art.5/3).
Free-of-Charge Provision, Information and Record-Keeping Obligations (Art.6, Art.7, Art.9)
The costs of occupational health and safety services are borne by the employer; these services are provided free of charge and in a manner that imposes no financial burden on workers (Art.9).
The employer is obliged to keep regular records of the execution of the services. In this context, a certified logbook is kept, and workers’ personal health records are retained for at least 15 years from the date the worker leaves employment (Art.7).
In addition, the employer is obliged to obtain the prior opinion of worker representatives on matters relating to occupational health and safety and to inform workers (Art.6).
Summary of Obligations by Article
| Article | Obligation | Scope / Condition |
|---|---|---|
| Art.5/1 | Assigning a workplace physician and an occupational safety expert | All workplaces; in the very hazardous class with 10+ employees, other healthcare staff in addition |
| Art.5/2 | Service procurement option | Procuring services from an OSGB or ÇASMER when qualified personnel are not available |
| Art.5/3 | Establishing an İSGB | When a full-time physician and expert are assigned |
| Art.6 | Worker representative opinion and information | Obtaining prior opinion and informing workers |
| Art.7 | Records and retention | Certified logbook; retention of personal health records for at least 15 years |
| Art.9 | Cost | Services impose no financial burden on workers and are provided free of charge |