smail OHS ORGANIZAT IONELK AT WORKPLACES OHS Expert

İsmail OHS ORGANIZAT IONÇELİK AT WORKPLACES OHS Expert MINISTRY OF LABOR AND SOCIAL SECURITY DIRECTORATE GENERAL OF OHS

Content of the Presentation OHS ORGANIZATION AT WORKPLACES Labor Law – Related Articles Implementing Regulation on Occupational Health and Safety Boards Implementing Regulation on Workplace Health and Safety Units and Collective Health and Safety Units Notification for Implementing Regulation on Workplace Health and Safety Units and Collective Health and Safety Units Notification on Hazard Classes List Related to Occupational Health and Safety Short Notes

CHAPTER 5 WORKPLACES OHS ORGANIZATION AT OCCUPATIONAL HEALTH AND SAFETY ARTICLES 77 – 89. Article No. Article Heading 77 Obligations of employers and employees 78 Implementing Regulations on occupational health and safety 79 Suspending operations or closing the establishment 80 Occupational health and safety board 81 Occupational health and safety services 82 Canceled 83 Rights of employees 84 Prohibition of alcohol and narcotics usage 85 Arduous and dangerous works 86 Medical report for arduous and dangerous works 87 Medical report for employees under eighteen 88 Implementing Regulation for pregnant or nursing women 89 Other Implementing Regulations

Labor Law - 4857 Occupational Health and Safety Board ARTICLE 80. - In workplaces deemed to be industrial according to this Law, where a minimum of fifty employees are employed and permanent work is performed for more than six months, the employer shall set up an occupational health and safety board. Employers are under the obligation to enforce the decisions of the occupational health and safety boards taken in accordance with the legislation on occupational health and safety. The constitution, working methods, functions, powers and obligations of occupational health and safety boards shall be laid down in an implementing regulation to be prepared by the Ministry of Labor and Social Security. Industrial, commercial, agricultural and forestry works ARTICLE 111. - The Ministry of Labor and Social Security shall determine in an implementing regulation whether or not an activity is to be deemed industrial, commercial, agricultural and forestry work.

Implementing Regulation on Occupational Health and Safety Boards Article 1. - Purpose Article 2. - Scope Article 3. - Basis Article 4. - Workplaces in which Occupational Health and Safety Boards shall be set up Article 5. - Formation of Occupational Health and Safety Boards Article 6. - Training Article 7. - Tasks and Authority Article 8. - Working Procedures Article 9. - Coordination Article 10. - Obligations of Employer or his Agent Article 11. - Obligations of OHS Board Article 12. - Obligations of Workers Article 13. - Enforcement Article 14. - Execution

Implementing Regulation on Occupational Health and Safety Boards Workplaces in which Occupational Health and Safety Boards shall be set up Article 4. - According to the implementing regulation on industrial, commercial, agricultural and forestry works, in workplaces deemed to be industrial, where a minimum of fifty employees are employed and permanent work is performed for more than six months, the employer shall set up an occupational health and safety board. Formation of Occupational Health and Safety Boards Article 5. Employer or his agent, OHS expert Occupational physician An employee designated for execution of human resources, social or administrative and financial affairs, Civil defense expert, Foreman, pit boss or craftsman, Union representative, Worker representative for health and safety.

Implementing Regulation on Occupational Health and Safety Boards Obligations of Employer or his Agent Article 10. - Employers are under the obligation to enforce the decisions of the occupational health and safety boards taken in accordance with the legislation on occupational health and safety.

CHAPTER 5 WORKPLACES OHS ORGANIZATION AT OCCUPATIONAL HEALTH AND SAFETY ARTICLES 77 – 89. Article No. Article Heading 77 Obligations of employers and employees 78 Implementing Regulations on occupational health and safety 79 Suspending operations or closing the establishment 80 Occupational health and safety board 81 Occupational health and safety services 82 Canceled 83 Rights of employees 84 Prohibition of alcohol and narcotics usage 85 Arduous and dangerous works 86 Medical report for arduous and dangerous works 87 Medical report for employees under eighteen 88 Implementing Regulation for pregnant or nursing women 89 Other Implementing Regulations

Labor Law - 4857 Occupational Health and Safety Services ARTICLE 81. - In workplaces, where a minimum of fifty employees are employed, in order to determine OHS measures and monitor the implementation, to prevent occupational accidents and diseases, to provide first aid, immediate treatment and preventive health and safety services, the employers are under the obligation, a) To set up a workplace health and safety unit, b) To charge one or more occupational physician and if there is a need other health staff, c) At workplaces deemed to be industrial, to charge one or more occupational safety expert among engineers or technical staff, according to hazard class of the workplace and number of employees. Whereas the employer can meet this obligation completely or partly by the staff in the workplace who has the qualifications specified in the implementing regulation basing this article, he also can meet this obligation by procuring external services. Service procurement does not remove employers’ responsibilities.

Labor Law - 4857 Occupational Health and Safety Services ARTICLE 81. - (cont. ) Qualifications, numbers, engagement, duties, authorities and responsibilities, working conditions, training and certifications, working procedures of occupational physicians and safety experts, qualifications of workplace health and safety units and collective health and safety units, procedures of service procurement from collective health and safety units, staff, instruments, devices and equipments which shall be available and trainings and certification procedure of the staff who shall be nominated in these units are arranged via implementing regulation prepared by the Mo. LSS with taking the opinions of Ministry of Health, Turkish Medical Association and Union of Chambers of Turkish Engineers and Architects in to account.

Implementing Regulation on Workplace Health and Safety Units and Collective Health and Safety Units CHAPTER 1 – Purpose, Scope, Basis and Definitions CHAPTER 2 – Rights and Obligations CHAPTER 3 – Formation and Qualifications of Workplace Health and Safety Units and Collective Health and Safety Units CHAPTER 4 – Duties and Working Procedures of Workplace Health and Safety Units and Collective Health and Safety Units CHAPTER 5 – Qualifications, Duties, Authority, Obligations and Working Procedures of Occupational Physicians CHAPTER 6 – Qualifications, Duties, Authority, Obligations and Working Procedures of Occupational Safety Experts CHAPTER 7 – Trainings and Examination of Occupational Physicians and Safety Experts CHAPTER 8 – Last Provisions

Implementing Regulation on Workplace Health and Safety Units and Collective Health and Safety Units Obligations of Employers ARTICLE 5. - (1) In order to provide healthy and safe working environment in workplaces employers are obliged to determine, implement, monitor and inspect health and safety measures, to prevent occupational accidents and diseases, to provide workers first aid, immediate treatment, preventive and protective health and safety services. (2) In workplaces, where a minimum fifty employees are employed, in order to provide these services, employers are obliged to set up a workplace health and safety unit and to nominate one or more occupational physician and other health staff and to nominate one or more safety expert at workplaces deemed to be industrial. Employers can meet these obligations procuring services completely or partly from collective health and safety units which are established outside of the workplace.

Implementing Regulation on Workplace Health and Safety Units and Collective Health and Safety Units Obligations of Employers ARTICLE 5. – (cont. ) (3) Employer is obliged to execute health and safety services in the workplace. Service procurement from outside of the workplace does not remove employers’ responsibilities. Workers’ responsibilities on health and safety issues does not effect employers’ responsibilities. (7) Employer shall take workers’ opinions and provide their participation about health and safety issues. (9) Employer is responsible from the consequences of the unenforced occupational health and safety measures and recommendations which are written to a notarized sheet by occupational physician and safety expert.

Notification for Implementing Regulation on Workplace Health and Safety Units and Collective Health and Safety Units Workplace Health and Safety Units Collective Health and Safety Units Working Duration of Occupational Physician and Safety Experts Control and Inspection Procedures for CHSU

Notification on Hazard Classes List Related to Occupational Health and Safety Services ARTICLE 81. - In workplaces, where a minimum fifty employees are employed, in order to determine OHS measures and monitor the implementation, to prevent occupational accidents and diseases, to provide first aid, immediate treatment and preventive health and safety services, the employers are under the obligation, a) To set up a workplace health and safety unit, b) To charge one or more occupational physician and if there is a need other health staff, c) At workplaces deemed to be industrial, to charge one or more occupational safety expert among engineers or technical staff, according to hazard class of the workplace and number of employees.

Notification on Hazard Classes List Related to Occupational Health and Safety a) Low Hazardous b) Hazardous c) High Hazardous If various works are performed at the workplace, in order to determine the hazard class, groundwork is taken in to account.

Short Notes • All employers are obliged to obey all provisions of the Labor Law, • But, those who employ 50 or more employers, have some additional obligations; – OHS Boards at the workplaces, – Occupational Physician, – Occupational Safety Expert. • These obligations depend on; – Number of workers employed, – Hazard class of the workplace, – Activity type of workplace (industrial or others). • Employers are under the obligation to enforce the decisions of the occupational health and safety boards taken in accordance with the legislation on occupational health and safety.

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