OCCUPATIONAL HEALTH AND SAFETY TRAINING HAS ALSO BECOME COMPULSORY FOR LESS HAZARDOUS ENTERPRISES

Pursuant to Law No. 6331 on Occupational Health and Safety, the obligation to receive occupational health and safety training for workplaces with fewer than 50 employees and classified as less dangerous was postponed until 31/12/2024.

The legislator decided not to postpone this obligation this time and it has become compulsory to receive occupational health and safety training for less dangerous workplaces. In this sense, places with less than 50 employees in the status of less dangerous workplaces have also become subject to the Occupational Health and Safety Law.

So, what is the scope of occupational health and safety training, who does this regulation cover?

Less Hazardous Class

The hazard class of the work is regulated in Article 9 of the Law. Accordingly, workplace hazard classes are determined by a communiqué to be issued by the Ministry. According to the communiqué issued, real estate offices, financial advisor offices, law offices, trustee activities, foreign exchange office activities, jewellery activities, clothing-food retail sales activities are included in the less hazardous class.

The İmplementation of the Occupational Health and Safety Law

requires that workplaces with fewer than 50 employees and classified as less dangerous are assigned a workplace physician by the ministry, a workplace risk analysis is carried out by occupational health and safety experts and an emergency action plan is drawn up. The personnel must then receive 8 hours of occupational health and safety training every 3 years. The employer or the employer’s representative, who receives occupational health training and successfully obtains a certificate, will be able to provide health and safety training himself/herself.

Penalty for Not Taking Occupational Health and Safety Measures

In the event that the workplace with less than 50 employees and in the less dangerous class does not fulfil its occupational health and safety obligation, the following administrative fines will be applied for 2025:

2025 Administrative Fines for Occupational Health and Safety:

1. The penalty for not taking measures, organising, providing the necessary tools and equipment, adapting health and safety measures to changing conditions and working to improve the current situation is 35.416 TRY.
2. The penalty for not monitoring and auditing the occupational health and safety measures taken at the workplace and not correcting nonconformities is 35.416 TRY.
3. The penalty for not appointing an occupational safety specialist is 88.663 TRY.
4. The penalty for not appointing a workplace doctor is 88.663 TRY.