6331 OHS Law

6331 OCCUPATIONAL HEALTH AND SAFETY LAW IN TURKEY

  1. 1
    Object, Scope and Definitions

    ARTICLE 1 – (1) Object of this law is to regulate duties, authority, responsibility, rights and obligations of
    employers and workers in order to ensure occupational health and safety at workplaces and to improve existing health
    and safety conditions.
    Scope and exceptions
    ARTICLE 2 – (1) This Law shall apply to all works and workplaces in both public and private sector,
    employers of these workplaces and their representatives, all workers including apprentices and interns regardless of
    their field of activity.
    (2) However, this Law shall not be applicable to the following activities and persons:
    a) Activities of the Turkish Armed Forces, the police and the Undersecretary of National Intelligence
    Organisation except for those employed in workplaces such as factories, maintenance centres, sewing workshops and
    the like.
    b) Intervention activities of disaster and emergency units.
    c) Domestic services.
    ç) Persons producing goods and services in their own name and on their own account without employing
    workers.
    d) Prison workshop, training, security and vocational course activities within the framework of improvements
    carried out throughout the enforcement services for convicts and inmates.
    Definitions
    ARTICLE 3 – (1) For the purposes of this Law, the following terms shall have the following meanings:
    a) Ministry: Ministry of Labour and Social Security;
    b) Worker: any natural person employed at public or private sector workplaces, regardless of their status in
    their relevant laws;
    c) Workers’ representative: any worker authorised to represent workers in matters such as participating in
    occupational health and safety related activities, monitoring these activities, requesting measures, making propositions
    and the like;
    ç) Support staff: any person with appropriate equipment and sufficient training who is specifically put in
    charge of issues related to occupational health and safety such as prevention, protection, evacuation, firefighting, firstaid
    besides their main duty;
    d) Training institution: public institutions and organisations, universities and enterprises established by
    companies operating in accordance with the Turkish Code of Commerce authorised by the Ministry to provide training
    for occupational safety specialists, occupational physicians and other health-care personnel;
    e) Young worker: any worker who is of at least fifteen years of age but less than eighteen years of age;
    f) Occupational safety specialist: any engineer, architect or technician who are authorised by the Ministry to
    work in the field of occupational health and safety and who have occupational health and safety expertise certificate;
    g) Occupational accident: any occurrence taking place at the workplace or due to the performance of work
    which leads to death or physical or mental impairment to the physical integrity of the victim;
    ğ) Employer: any natural or legal person or any institution and organisation which is not a legal entity who has
    an employment relationship with the worker;
    h) Workplace: any organisation in which material and non-material elements and workers are organised
    together to produce goods or services, where the employer is linked in qualitative terms to the goods or services
    produced and which includes locations linked to the workplace organised under the same management and other
    premises and equipment such as rest rooms, nursing rooms, canteens, sleeping, washing, examination and maintenance
    facilities as well as physical and vocational training locations and courtyards;
    ı) Occupational physician: any physician who is authorised by the Ministry to work in the field of occupational
    health and safety and who has occupational medicine certificate;
    i) Workplace health and safety unit: any unit established to provide occupational health and safety services at
    the workplace with required equipment and personnel;
    j) Council: National Occupational Health and Safety Council;
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    k) Committee: occupational health and safety committee;
    1) Occupational disease: any illness caused by exposure to occupational risks;
    m) Joint health and safety unit: any unit which is established by public institutions and organisations,
    organised industrial zones and companies operating under the Turkish Code of Commerce in order to provide
    occupational health and safety services to workplaces, with required equipment and personnel and which is authorised
    by the Ministry;
    n) Prevention: all the measures planned or taken in order to eliminate or reduce occupational health and safety
    risks at all stages of work undertaken at the workplace;
    o) Risk: probability of loss, injury or other harmful result arising from hazard;
    ö) Risk assessment: activities required for identifying hazards which are existing in or may arise from outside
    the workplace, analysing and rating the factors causing these hazards to turn into risks and the risks caused by hazards
    and determining control measures;
    p) Hazard: potential which exists at the workplace or may arise from outside the workplace to cause harm or
    damage which could affect the worker or the workplace;
    r) Hazard class: hazard group in which a workplace is identified to fit in, taking into account the nature of the
    work performed, substances used or produced at every stage of work, work equipment, production methods and types
    as well as other issues related to work environment and working conditions in terms of occupational health and safety;
    s) Technician: any person with the title of technical instructor, physicist and chemist as well as any graduate of
    an occupational health and safety programme at universities;
    ş) Occupational nurse: any nurse/health technician who is authorised to perform the nursing profession
    pursuant to the Nursing Law dated 25/2/1954 and numbered 6283 and who has the occupational nurse’s certificate
    issued by the Ministry in order to work in the field of occupational health and safety.
    (2) Employer’s representatives who act on behalf of the employer and are involved in the work and the
    management of the workplace are considered as employers as far as the implementation of this Law is concerned.

  2. 2
    Duties, Authority and Responsibilities of the Employer and Workers

     

    General responsibility of the employer
    ARTICLE 4 – (1) The employer shall have a duty to ensure the safety and health of workers in every aspect
    related to the work. In this respect, the employer shall;
    a) take the measures necessary for the safety and health protection of workers, including prevention of
    occupational risks and provision of information and training, as well as provision of the necessary organization and
    means and shall ensure that these measures are adjusted taking account of changing circumstances and aim to improve
    existing situations.
    b) monitor and check whether occupational health and safety measures that have been taken in the workplace
    are followed and ensure that nonconforming situations are eliminated.
    c) carry out a risk assessment or get one carried out;
    d) take into consideration the worker’s capabilities as regards health and safety where he entrusts tasks to a
    worker;
    e) take appropriate measures to ensure that workers other than those who have received adequate information
    and instructions are denied access to areas where there is life-threatening and special hazard.
    (2) In case an employer enlists competent external services or persons, this shall not discharge him from his
    responsibilities in this area.
    (3) The workers’ obligations in the field of safety and health at work shall not affect the principle of the
    responsibility of the employer.
    (4) Measures related to health and safety at work may in no circumstances involve the workers in financial
    cost.
    Principles of protection from risks
    ARTICLE 5 – (1) The employer shall fulfil these responsibilities on the basis of the following principles:
    a) avoiding risks.
    b) evaluating the risks which cannot be avoided.
    c) combating the risks at source.
    d) adapting the work to the individual, especially as regards the design of work places, the choice of work
    equipment and the choice of work and production methods, with a view, in particular, to avoiding or minimizing if
    cannot be avoided, the adverse effects of monotonous work and work at a predetermined work-rate on health and
    safety
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    e) adapting to technical progress.
    f) replacing the dangerous by the non-dangerous or the less dangerous.
    g) developing a coherent overall prevention policy which covers technology, organization of work, working
    conditions, social relationships and the influence of factors related to the working environment
    h) giving collective protective measures priority over individual protective measures
    i) giving appropriate instructions to the workers.
    Occupational health and safety services
    ARTICLE 6 – (1) In order to provide occupational health and safety services including activities related to the
    protection and prevention of occupational risks, the employer shall:
    a) designate workers as occupational safety specialist, occupational physician and other health staff. In case
    there is lack of personnel in the undertaking competent enough to be designated, the employer shall enlist a joint
    health and safety unit to partially or fully provide these services. Provided that the employer has the required
    qualifications and documents, these services can be offered by the employer considering the hazard class and the
    number of workers.
    b) meet the need for means, space and time to help designated people or organizations fulfil their duties.
    c) ensure cooperation and coordination among all people and bodies responsible for providing health and
    safety services at workplaces
    d) implement measures related to occupational health and safety and that are in accordance with the legislation
    and notified in writing by the designated persons or organizations providing services
    e) inform designated persons, external services consulted and other workers and their employers from any
    outside enterprise or undertaking engaged in work in his undertaking or enterprise receive adequate information as
    regards the factors known to affect, or suspected of affecting, the safety and health of workers.
    (2) Public bodies and organizations as defined in Public Procurement Law no. 4734 dated 4/1/2002 may get
    occupational health and safety services either directly from circulating capital enterprises operating under the Ministry
    of Health or as defined in law no. 4734.
    (3) It is not obligatory to hire other health care staff in enterprises where there is a full time occupational
    physician.
    State Subsidies to Occupational Health and Safety Services
    ARTICLE 7 – (1) The Ministry may provide support to enterprises to carry out occupational health and safety
    services provided that the following conditions are met:
    a) This support may be provided to enterprises employing fewer than ten workers except for public bodies and
    organizations provided that the enterprise is classified as ‘very hazardous’ and ‘hazardous’. However, the Council of
    Ministers may decide that the Ministry may also provide subsidies to enterprises employing fewer than ten workers
    and classified as ‘less hazardous’.
    b) Social Security Institution shall cover expenses by allocating resources out of premiums collected under the
    short-term insurance program including occupational accidents and occupational diseases.
    c) The records kept by the Social Security Institution shall constitute the basis in the implementation phase.
    d) In case it is revealed, in the scope of controls and inspections carried out as per this law and other relevant
    pieces of legislation, that the employer has failed to enter their employees into social insurance registry, the Social
    Security Institution shall collect the outstanding debts together with legal interest rate. Employers who are found to be
    in such violation shall be deprived of the right to benefit from all types of subsidy for a period of three years.
    e) The Ministry is the authorized body to guide the practice, remove hesitations on how to implement the law
    and resolve problems arising out of implementation.
    (2) The following issues and the relevant procedures and principles shall be specified by a regulation issued by
    the Ministry after receiving the approval of the Ministry of Finance:
    a) Utilization of subsidies provided as a means to carry out occupational health and safety services.
    b) Determining the amount of remuneration to be paid by the Social Security Institution to cover occupational
    health and safety services, identifying which part of these services are to be supported and deciding on the payment
    rate taking account of the characteristics of the enterprises to be provided subsidy with fewer than ten workers
    c) Conditions to be met by the enterprises to be provided with state subsidy.
    d) Characteristics of enterprises providing occupational health and safety service.
    (3) The Ministry might cooperate with Ministry of Health, Ministry of Science, Industry and Technology and
    other relevant professional organizations in order to ensure efficiency and sustainability.
    Occupational physicians and occupational safety specialists
    ARTICLE 8 – (1) Rights and authorities of occupational physicians and occupational safety specialists might
    not be restricted in the execution of their duties. Occupational physicians and safety specialists shall seek and maintain
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    professional independence and observe the rules of ethics in the execution of their functions.
    (2) Occupational physicians and occupational safety specialists shall inform the employer in writing of the
    main occupational health and safety measures required to be taken in the undertaking or enterprise. In case the
    employer fails to implement any of these measures against life-threatening hazards, the occupational physician shall
    notify the Ministry of this situation.
    (3) Occupational physicians and occupational safety specialists as well as external services consulted shall be
    accountable to the employer for neglect of duty in the execution of their offices.
    (4) Where an occupational physician or occupational safety specialist is found to be in neglect of his/her duties
    resulting in an occupational accident or occupational disease which causes disruption in the integrity of the body such
    as death or disability, his/her certificate of authorization shall be suspended.
    (5) In order to be able to be designated as an occupational safety specialist, one shall obtain class (A)
    certification to be considered as qualified enough to work in enterprises classified as very hazardous and at least class
    (B) certification to work in enterprises classified as hazardous and at least class (C) certification to be hired in less
    hazardous enterprises. The Ministry might introduce sector-specific arrangements for the designation of occupational
    safety specialists and occupational physicians.
    (6) In the event that it is required to hire full time occupational physicians and safety specialists due to the
    working hours, the employer shall establish a workplace health and safety unit. Without prejudice to the provisions of
    the law applicable to workers, the weekly working hours as defined in the Labour Law no. 4857 dated 22/5/2003 shall
    be taken into account.
    (7) The personnel qualified enough to be hired as occupational physician or occupational safety specialist in
    public bodies and organizations according to the relevant legislation might be assigned in other public bodies and
    organizations in addition to their fundamental duties following the approval and consent of the relevant personnel and
    top management provided that the working hours are not to exceed the duration indicated in their contract and they
    have the required certification. An additional payment equal to the product of an indicative figure (200) and quotient
    of the monthly salary of civil servants shall be awarded by the organization benefiting from this additional service to
    the personnel assigned in public bodies other than the one that they were originally assigned. There shall be no
    deduction in this payment other than the deduction due to stamp tax. Assignments exceeding eighty hours in total in a
    month shall not be included in the additional payment provided that the daily working hours are not exceeded.
    (8) Without prejudice to the legislation on full time employment in public health care services, the restrictive
    provisions of other laws shall not apply to employment of occupational physicians and other health care staff in
    workplace health and safety units and joint health and safety units and fulfilment of their duties the scope of which
    shall be limited to the number of workers in the enterprise benefiting from the service.
    Determining the Hazard Class
    ARTICLE 9 – (1) Considering the short-term insurance premium tariff as defined in article 83 of the Law no.
    5510 dated 31/5/2006 on Social Insurance and Universal Health Insurance and in line with the views of commission
    composed of all parties concerned and set up under the chairmanship of Directorate General of Occupational Health
    and Safety, the Ministry shall issue a circular on assigning a hazard class to enterprises.
    (2) The hazard class for enterprises shall be assigned based on the main activities conducted.
    Risk assessment, control, measurement and research
    ARTICLE 10 – (1)The employer shall conduct an assessment of risks to health and safety of workers or get
    one carried out, taking account the following points:
    a) The situation of workers who might be affected by certain risks.
    b) Choice of work equipment, the chemical substances or preparations used.
    c) Workplace organization and housekeeping.
    d) The situation of female workers and other workers such as young workers, older workers, disabled,
    pregnant or breastfeeding workers who need specific policies.
    (2) The employer shall identify the occupational health and safety measures to be taken as well as the
    protective gear or equipment to be used a consequence of the risk assessment.
    (3) Measures to be taken for the safety and health protection of workers and the working and production
    methods implemented by the employer must assure an improvement in the level of protection afforded to workers with
    regard to safety and health and be practicable at all hierarchical level within the undertaking and/or enterprise.
    (4) The employer shall ensure that controls, measurements, examinations and research are carried out to
    identify the risks which are linked to the working environment and to which the workers are exposed.
    Emergency plans, fire-fighting and first aid
    ARTICLE 11 – (1) The employer shall;
    a) assess the foreseeable emergency situations which could arise and identify those that might possibly and
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    potentially affect workers and work environment taking into account the work environment, substances used,
    equipment and environmental conditions present in the workplace and take measures to prevent and limit adverse
    effects of emergency situations.
    b) conduct measurement and assessments to afford protection against adverse effects of emergency situations
    and prepare emergency plans.
    c) designate a sufficient amount of persons adequately equipped in prevention, protection, evacuation, fire
    fighting, first aid and other related issues taking into account the size and specific hazards of the undertaking, nature of
    the activities, number of employees and other persons present in the enterprise. The number of such workers, their
    training and equipment available to them shall be adequate and the employer shall arrange emergency drills and
    trainings and make sure that the rescue teams are always available to respond.
    d) arrange any necessary contacts with external services, particularly as regards first aid, emergency medical
    care, rescue work and fire-fighting.
    Evacuation
    ARTICLE 12 – (1) In the event of serious, imminent and unavoidable danger, the employer shall:
    a) take action and give instructions to enable workers to stop work and/or immediately to leave the work place
    and proceed to a place of safety.
    b) for as long as the situation remains unchanged and unless there is a strict necessity; not ask workers, except
    for those who are adequately equipped and specially assigned to do so, to resume work.
    (2) The employer shall ensure that all workers are able, in the event of serious and imminent danger to their
    own safety and/or that of other persons, and where the immediate superior responsible cannot be contacted, to take the
    appropriate steps in the light of their knowledge and the technical means at their disposal, to avoid the consequences
    of such danger. Their actions shall not place them at any disadvantage, unless they acted carelessly or there was
    negligence on their part.
    Right to Abstain from Work
    ARTICLE 13 – (1) Workers exposed to serious and imminent danger shall file an application to the
    committee or the employer in the absence of such a committee requesting an identification of the present hazard and
    measures for emergency intervention. The committee shall convene without delay and the employer shall make a
    decision immediately and write this decision down. The decision shall be communicated to the worker and workers’
    representative in writing.
    (2) In the event that the committee or the employer takes a decision that is supportive of the request made by
    the worker, the worker may abstain from work until necessary measures are put into practice. The worker shall be
    entitled to payment during this period of abstention from work and his/her rights arising under the employment
    contract and other laws shall be reserved.
    (3) In the event of serious, imminent and unavoidable danger; workers shall leave their workstation or
    dangerous area and proceed to a place safety without any necessity to comply with the requirements in the first
    paragraph. Workers may not be placed at any disadvantage because of their action.
    (4) Where the necessary measures are not taken despite the requests by workers, workers under labour contract
    might terminate their employment contract in accordance with the provisions of the law applicable to them. As for the
    workers under collective bargaining agreement, the abstention period as defined in this article shall be deemed as
    actual work time.
    (5) In compliance with the article 25 of this law, the provisions of this article shall not apply in the event of
    cease of work in the enterprise.
    Recording and Notification of Occupational Accidents and Diseases
    ARTICLE 14 – (1) The employer shall;
    a) keep a list of all occupational accidents and diseases suffered by his workers and draw up reports after
    required studies are carried out.
    b) investigate and draw up reports on incidents that might potentially harm the workers, work place or work
    equipment or have damaged the work place or equipment despite not resulting in injury or death.
    (2) The employer shall notify the Social Security Institution of the following situations within a prescribed
    time as follows:
    a) Within three work days of the date of the accident.
    b) Within three work days after receiving the notification of an occupational disease from health care providers
    or occupational physicians.
    (3) Occupational physicians or health care providers shall refer workers who have been pre-diagnosed with an
    occupational disease to health care providers authorized by the Social Security Institution.
    (4) Occupational accidents referred to health care providers shall be notified to the Social Security Institution
    6
    within ten days at most and authorized health care providers shall notify the Social Security Institution of the
    occupational diseases within the same period of time.
    (5) The procedures and principles as regards this article shall be defined by the Ministry following the receipt
    of approval from the Ministry of Health.
    Health Surveillance
    ARTICLE 15 – (1) The employer shall;
    a) ensure that workers receive health surveillance appropriate to the health and safety risks they incur at work.
    b) Health examination of workers is required under the following situations:
    1) Pre-assignment.
    2) Job change after the assignment.
    3) In case of return to work following repetitive absence from work due to occupational accidents,
    occupational diseases or health problems upon request.
    4) At regular intervals recommended by the Ministry in the course of employment taking into account the
    workers, the nature of work and hazard class of the enterprise.
    (2) Workers to be employed in enterprises classified as hazardous and very hazardous shall receive a medical
    report before employment.
    (3) Medical reports required to be received as per this law shall be obtained from occupational physician
    working in workplace health and safety unit or joint health and safety unit. Any objection to the medical reports shall
    be filed to an adjudicator hospital assigned by the Ministry of Health. The decision made by the hospital shall
    constitute the definitive judgement.
    (4) The employer shall cover all expenses arising from health surveillance and any additional expense related
    to this surveillance. The health surveillance may in no circumstances bring financial burden to workers.
    (5) Health data of workers undergoing a medical examination shall be kept confidential in order to ensure
    protection of individual privacy and prestige.
    Worker Information
    ARTICLE 16 – (1) The employer shall inform the workers and workers’ representatives of the following
    issues taking into account the characteristics of the enterprise for the purposes of ensuring and maintaining the
    occupational health and safety:
    a) the safety and health risks and protective and preventive measures.
    b) their legal rights and responsibilities.
    c) Workers designated to handle first aid, extra ordinary situations, disasters, fire-fighting and the evacuation.
    (2) The employer shall;
    a) as soon as possible, inform all workers who are, or may be, exposed to serious and imminent danger of the
    risk involved as defined in article 12 and of the steps taken or to be taken as regards protection
    b) ensure that employers of workers from any outside undertakings and/or enterprises engaged in work in his
    undertaking and/or enterprise receive adequate information concerning the points referred to in paragraph 1 which is
    to be provided to the workers in question.
    c) ensure that support staff and workers’ representatives shall have access to the risk assessment, protective and
    preventive measures related to safety and health at work, the information yielded by measurements, analysis, technical
    controls, records, reports and inspections.
    Training of Workers
    ARTICLE 17 – (1) The employer shall ensure that each worker receives safety and health training. This
    training shall be provided on recruitment, in the event of a transfer or a change of job, in the event of a change in
    equipment or introduction of any new technology. The training shall be adapted to take account of new or changed
    risks and repeated periodically if necessary.
    (2) Workers’ representatives shall be entitled to appropriate training.
    (3) Workers failing to present documents to prove that they have received vocational training on their job
    might not be employed in jobs classified as hazardous and very hazardous which require vocational training.
    (4) Workers who have had occupational accident or disease shall receive additional training on reasons for the
    accident or disease, ways to protect themselves and safe working methods. Futhermore; workers who are away from
    work for any reason for more than six months shall receive refresher training before return to work.
    (5) Workers from outside undertakings and/or enterprises might not start to be employed in jobs classified as
    hazardous and very hazardous unless they can present documents to prove that they have received appropriate
    instructions regarding health and safety risks.
    (6) The employer who is the party to temporary employment relationship shall ensure that the worker receives
    training on health and safety risks.
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    (7) Trainings mentioned in this article may in no circumstances bring financial burden to workers. Time spent
    on trainings shall be deemed as actual work time. In case the time allocated for trainings exceeds weekly working
    hours, hours worked in excess of weekly working hours shall be considered as overtime.
    Consultation with and Participation of Workers
    ARTICLE 18 – (1) The employer shall consult workers or representatives authorized by trade unions in
    enterprises with more than two workers’ representatives or workers’ representatives themselves in the absence of trade
    union representative to ensure the consultation and participation of workers. This presupposes:
    a) Consultation with regard to occupational health and safety, the right of workers and/or their representatives
    to make proposals and allowing them to take part in discussions and ensuring their participation.
    b) Consultation as regards the introduction of new technology and the consequences of the choice of
    equipment, the working conditions and the working environment for the safety and health of workers.
    (2) The employer shall ensure that support staff and workers’ representatives shall be consulted in advance
    with regard to:
    a) The assignment of occupational physicians, occupational safety specialists and other staff inside the
    enterprise or the enlistment, where appropriate, of the competent services or persons outside the undertaking and/or
    enterprise and designation people to be in charge of first aid, fire fighting and evacuation.
    b) Identification of the protective equipment and protective and preventive measures to be introduced as a
    consequence of risk assessment.
    c) Prevention of health and safety risks and providing protective services.
    d) Worker information.
    e) The planning of training to be provided to workers.
    (3) Workers and/or their representatives are entitled to appeal to the authority responsible for safety and health
    protection at work if they consider that the measures taken and the means employed by the employer are inadequate
    for the purposes of ensuring occupational health and safety. The workers may not be placed at a disadvantage because
    of their respective activities.
    Workers’ Obligations
    ARTICLE 19 – (1) It shall be the responsibility of each worker to take care as far as possible of his own
    safety and health and that of other persons affected by his acts or commissions at work in accordance with his training
    and the instructions related to occupational helath and safety given by his employer
    (2) To this end, workers must in particular, in accordance with their training and the instructions given by their
    employer:
    a) make correct use of machinery, apparatus, tools, dangerous substances, transport equipment and other
    means of production; use such safety devices correctly and refrain from changing or removing arbitrarily safety
    devices fitted
    b) make correct use of the personal protective equipment supplied to them and protect themselves.
    c) immediately inform the employer and/or the workers’ representative of any work situation they have
    reasonable grounds for considering represents a serious and immediate danger to safety and health and of any
    shortcomings in the machinery, apparatus, tools, facilities and buildings;
    ç) cooperate with the employer and/or workers’ representative to enable any tasks or requirements imposed by
    the competent authority to protect the safety and health of workers at work to be carried out
    d) cooperate with the employer and/or workers’ representative for occupational health and safety of workers
    within their field of activity.
    Workers’ Representative
    ARTICLE 20 – (1) In the event that no person might be elected or chosen to represent workers, the employer
    shall designate a workers’ representative considering the risks present at work and the number of workers with special
    attention to balanced participation of workers. The number of representatives shall be identified in the following way:
    a) One representative for enterprises between two and fifty workers.
    b) Two representatives for enterprises between fifty one and one hundred workers.
    c) Three representatives for enterprises between one hundred one and five hundred workers.
    ç) Four representatives for enterprises between five hundred one and one thousand workers.
    d) Five representatives for enterprises between one thousand one and two thousand workers.
    e) Six representatives for enterprises between two thousand one and more workers.
    (2) Where there is more than one workers’ representative, the chief representative shall be elected among the
    other workers’ representative.
    (3) Workers’ representatives shall have the right to ask the employer to take appropriate measures and to
    submit proposals to him to that end to mitigate hazards for workers and/or to remove sources of danger.
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    (4) Workers’ representatives may not be placed at a disadvantage because of their respective activities and the
    employer shall provide them with the necessary means to enable such representatives to exercise their rights and
    functions.
    (5) Where there is an authorized trade union represented in the enterprise, the trade union representative shall
    act as workers’ representative.

  3. 3
    Council, Committee and Coordination

     

    National Occupational Health and Safety Council
    ARTICLE 21 – (1) A council has been set up to make recommendations on policies and strategies relevant to
    health and safety at work.
    (2) The council shall be headed by the Undersecretary of the Ministry and comprise the following persons or
    organizations:
    a) General Director for Occupational Health and Safety, General Director of Labour, Head of the Labour
    Inspection Board and one general director from the Social Security Institution.
    b) One general director from the Ministry of Science, Industry and Technology, Ministry of Environment and
    Urbanization, Ministry of Energy and Natural Resources, Ministry of Food, Agriculture and Livestock, Ministry of
    Development, Ministry of National Education and Ministry of Health.
    c) A member from the executive board of the Council of Higher Education and a vice president from the State
    Personnel Presidency.
    ç) The first three trade unions with the highest number of members representing employers, workers and
    public officials separately and one executive board member or any other relevant person from the The Union of
    Chambers and Commodity Exchanges of Turkey, Confederation of Turkish Craftsmen and Tradesmen, Turkish
    Medical Association, Union of Chambers of Turkish Engineers and Architects and Union of Turkish Chambers of
    Agriculture.
    d) Two representatives at most, when needed, from organizations or institutions operating in the field of
    occupational health and safety upon the suggestion of Director General for Occupational Health and Safety and
    approval of the Council.
    (3) The members of the Council referred to in sub clause (e) of the second paragraph shall hold office for a
    period of two years and the office of a member shall be vacant if the member is absent from two consecutive meetings.
    (4) The role of the secretariat of the Council shall be fulfilled by the Directorate General for Occupational
    Health and Safety.
    (5) The Council shall act by an absolute majority. In the event of equality of votes, the President shall have a
    casting vote. No one shall abstain from a vote.
    (6) The council shall hold two ordinary meetings a year. The council might hold emergency meetings upon the
    suggestion of the President or one third of members.
    (7) The operating principles and procedures shall be governed by the Ministry.
    Occupational Health and Safety Committee
    ARTICLE 22 – (1) The employer shall set up an occupational health and safety committee in enterprises
    where a minimum of fifty employees are employed and permanent work is performed for more than six months.
    Employers are under the obligation to enforce the decisions of the occupational health and safety committees taken in
    accordance with the legislation on occupational health and safety.
    (2)In the event that main employer – sub contractor relation exceeds six months:
    a) Where the main contractor and sub-contractor have set up separate committees, the contractor shall ensure
    cooperation in the enforcement of decisions and maintenance of activities.
    b) Where the contractor has set up a committee, the sub-contractor shall appoint by proxy an authorized
    representative to facilitate coordination.
    c) The contractor who is not required to set up a committee shall appoint by proxy an authorized member to be
    represented in the committee set up by the sub-contractor to ensure cooperation and coordination.
    ç) Where the contractor is not supposed to set up a committee and the sub-contractor employs more than fifty
    workers, the contractor and sub-contractor shall set up a joint committee provided that the cooperation is ensured by
    the contractor.
    (3) Where there is more than one employer in the same workplace and these employers set up more than one
    committee, these employers shall inform each other of the decisions of the committees which might affect one another.
    9
    Coordination of Occupational Health and Safety Services
    ARTICLE 23 – (1) Where there is more than one employer in the same work environment, the employers
    shall cooperate in the implementation of measures related to occupational health and safety and occupational hygiene.
    The employers shall work in cooperation to prevent occupational risks and offer protection against such risks and
    inform each other and workers’ representatives on these risks.
    (2) Where there is a business centre, office block, industrial zone or an industrial estate with more than one
    workplace, the management shall ensure cooperation in the field of occupational health and safety. The management
    shall advise the employers to take necessary measures against hazards that might affect occupational health and safety
    in other workplaces. The management shall notify the Ministry of the employers failing to take these measures.

  4. 4
    Inspection and Administrative Sanctions

     

    Inspection, examination, investigation and authority, obligation and responsibility of the inspector
    ARTICLE 24 – (1) The monitoring and inspection with regards to the implementation of this Law is carried
    out by the labour inspectors of the Ministry authorized to carry out occupational health and safety inspections. During
    the inspections and examinations to be carried out under this Law, the articles numbered 92, 93, 96, 97 and 107 of the
    Law numbered 4857 are implemented.
    (2) The Ministry has the authority to carry out occupational health and safety measurements, examinations and
    investigations, to take samples for this purpose and to control and inspect training institutions and joint health and
    safety units. The authorized personnel in this respect are obliged to avoid interrupting the work as much as possible
    and to keep professional secrets of the employer and the workplace and what he/she sees and learns confidential. The
    procedures and principles of such control and inspection are regulated by the Ministry.
    (3) The audit and inspection of military workplaces and the workplaces producing materials for home security
    and the results of such inspection are carried out according to the regulations to be jointly prepared by the Ministry of
    National Defence and the Ministry of Labour.
    Cease of operations
    ARTICLE 25 – (1) In case of any situation found dangerous to workers’ life in the premises, working
    methods or equipment, operations shall be stopped in the premises or any part of it, taking into account the nature of
    the hazard and the part of the premises and the workers to be affected by the hazard, until such hazard is eliminated. In
    addition, at the workplaces classified as very hazardous, mining, metal and construction workplaces, workplaces
    where hazardous chemicals are used and the workplaces where serious industrial accidents may take place, the
    operations shall be stopped in case of a lack of risk assessment.
    (2) The group of three labour inspectors, authorized to carry out occupational health and safety inspection,
    carry out required examination based on the decision of the labour inspector authorized to carry out occupational
    health and safety inspection and may decide to stop the operations in two days following the date of the decision.
    However, in case the hazard requires urgent intervention, the labour inspector taking the decision shall stop the
    operations temporarily until a decision is taken by the group of inspectors.
    (3) The decision on cease of operations shall be sent in one day to the relevant local authority and to the
    Provincial Directorate of Labour and Employment which has the file of the workplace. The decision on the cease of
    operations is enforced in twenty four hours by the local authority. However, the cease of operations decision requiring
    urgent intervention is enforced by the local authority on the same day.
    (4) The employer may appeal the decision on the cease of operations through authorized labour court in six
    days following the enforcement of the decision. The appeal shall not affect the enforcement of the decision on the
    cease of operations. The court first evaluates the appeal and takes a decision in six working days. The court’s decision
    is the final decision.
    (5) In case that the employer informs the Ministry in written form that the factors leading to cease of
    operations are not in place any more, there shall be another examination at the workplace in seven days at maximum in
    order to address the request of the employer.
    (6) The employer is obliged to make the payments of his workers unemployed due to the cease of operations
    or assign them to another job judging by their profession or situation on the condition that they are not paid less.
    Administrative fines and enforcement
    ARTICLE 26 – (1) Within the scope of this Law, the administrative fines are as follows;
    a) For the employer who violates the obligations laid down in lines (a) and (b) of the first paragraph of the
    Article 4, twothousand Turkish Lira per each obligation,
    b) For the employer who does not employ an occupational safety specialist or occupational physician as
    10
    foreseen in the first paragraph Article 6, fivethousand Turkish Lira per each professional, the same amount per each
    month until it is corrected, for the employer who does not employ other health technician twothousandfivehundred
    Turkish Lira, the same amount per each month until it is corrected, for the employer who violates the obligations laid
    down in lines (b), (c) and (d) of the same paragraph, onethousandfivehundred Turkish Lira per each obligation, for the
    employer who violates the obligations laid down in line (ç) thousand Turkish Lira per each obligation,
    c) For the employer who violates the obligations laid down in the first and sixth paragraphs of the Article 8
    onethousandfivehundred Turkish Lira per each obligation,
    ç) For the employer who fails to do risk assessment or to have risk assessment done in accordance with the
    first paragraph of the Article 10, threethousand Turkish Lira, fourthousandfivehundred Turkish Lira per each month
    until it is corrected, for the employer who violates the obligations laid down in the fourth paragraph,
    onethousandfivehundred Turkish Lira,
    d) For the employer who violates the Articles 11 and 12, onethousand Turkish Lira per each obligation
    violated and the same amount per each month until it is corrected,
    e) For the employer who violates the obligations laid down in the first paragraph of the Article 14,
    onethousandfivehundred Turkish Lira per each obligation, for the obligations in the second paragraph twothousand
    Turkish Lira, for the health service providers or authorized health service providers who violate the obligations laid
    down in the fourth paragraph twothousand Turkish Lira,
    f) For the employer who violates the obligations laid down in the first and second paragraphs of the Article 15,
    onethousand Turkish Lira per each worker who hasn’t gone through health surveillance or who doesn’t have a health
    report,
    g) For the employer who violates the obligations laid down in the Article 16, onethousand Turkish Lira per
    each uninformed worker,
    ğ) For the employer who violates the obligations laid down in the first seven paragraphs of the Article 17,
    onethousand Turkish Lira per each worker,
    h) For the employer who violates the obligations laid down in the Article 18, onethousand Turkish Lira per
    each obligation,
    ı) For the employer who violates the obligations laid down in the first and fourth paragraphs of the Article 20
    onethousand Turkish Lira, for the obligations laid down in the third paragraph onethousandfivehundred Turkish Lira,
    i) For the employer who violates the obligations laid down in the Article 22, twothousand Turkish Lira per
    each obligation,
    j) For the management which violates the notification obligations laid down in the second paragraph of the
    Article 23, fivethousand Turkish Lira,
    k) For the employer who prevents measurement, examination and investigation, taking samples in terms of
    occupational health and safety or checks and audits of training institutions and joint health and safety units laid down
    in the second paragraph of the Article 24, fivethousand Turkish Lira,
    1) For the employer who fails to comply with the cease of operations in accordance with the Article 25, in the
    whole workplace or any part of it, and maintains the operations without ensuring the conditions foreseen by the
    regulation, tenthousand Turkish Lira even if the act constitutes another crime, for the employer who violates the
    obligations laid down in the sixth paragraph, onethousand Turkish Lira per each worker subjected to violation, the
    same amount per each month until it is corrected,
    m) For the employer who fails to prepare serious accident prevention policy document in accordance with the
    Article 29 fiftythousand Turkish Lira, for the employer who prepares safety report but fails to submit to the Ministry
    before starting the operations, the employer who starts the operations without getting the permit from the Ministry or
    the employer who maintains the operations ceased by the Ministry, eightythousand Turkish Lira,
    n) For the employer who violates the obligations laid down in the regulations mentioned in Article 30,
    onethousand Turkish Lira per each provision violated per month following the date of detection of the violation.
    (2) The administrative fines, mentioned in this Law, shall be issued by the Provincial Director of Labour and
    Business. The issued administrative fine shall be paid in thirty days after it is communicated. Administrative fines can
    be issued on public institutions which do not have legal entity as well.
    Cases for which no provision exists and exemption
    ARTICLE 27 – (1) Save for the legal provisions that the workers are subject to, for the cases for which there
    are no provisions in this Law, the provisions of the Law numbered 4857, which are in compliance with this Law shall
    apply.
    (2) The papers issued in accordance with this Law are exempted from stamp tax and the transactions are
    exempted from fees.
    (3) The Ministry shall ask for and archive any document or data related to the work or transactions to be done
    according to this Law via electronic or similar media and shall confirm, authorize, inform and issue documents via
    these media.

  5. 5
    Miscellaneous and Temporary Provisions

     

    Prohibition of using drugs
    ARTICLE 28 – (1) It is forbidden to come to the workplace drunk or on drugs and to drink alcohol or use
    drugs in the workplace.
    (2) The employer has the authority to determine in which cases, when and under which conditions alcohol can
    be consumed in the premises.
    (3) The prohibition of drinking is not applicable to the following workers:
    a) The workers employed in workplaces producing alcoholic drinks and assigned to inspect what is produced.
    b) The workers who have to drink alcohol due to the requirements of their job in workplaces where alcohol is
    sold either in closed bottles or open ones.
    c) The workers who have to drink alcoholic drinks with the customers due to the nature of their job.
    Safety report or serious accident prevention policy document
    ARTICLE 29 – (1) For workplaces where a serious industrial accident can take place, the employer shall
    prepare a serious accident prevention policy document or safety report based on the size of the workplace before
    starting the operations.
    (2) The employer shall start operations in the workplace following the examination of the safety report of the
    workplace in terms of the content and competency by the Ministry.
    Regulations related to occupational health and safety
    ARTICLE 30 – (1) The following issues as well as the procedures and rules related to them shall be set out by
    the regulations to be prepared by the Ministry:
    a) With the aim of ensuring, maintaining and improving occupational health and safety by consulting the
    relevant ministries, the issues that may require specific regulation such as; premises, work equipment, the materials
    used or produced in every phase of the work, working environment and conditions, work equipment, works and
    workplaces which involve specific risks, employment of groups which require specific policy, night work and shift
    work based on the nature of the work done, works that should be done for shorter time due to health reasons, working
    conditions of pregnant and nursing women, establishing breast feeding rooms and day-care dormitories or having
    external services as well as notifications and permits related to them and other issues with regards to implementation
    of this Law.
    b) In relation to occupational health and safety services;
    1) The workplaces where occupational health and safety units shall be established based on the number of
    workers and the hazard class, the physical conditions and the equipment that should be available in such units.
    2) The qualifications, employment, appointment, duty, authority and responsibilities of occupational
    physicians, occupational safety specialist and other health technicians to be employed in workplace health and safety
    units and joint health and safety units, the procedures as to how they should carry out their duties, minimum working
    hours based on the number of workers and the hazard class of the workplace, the procedures of notification of
    hazardous situations at the workplace, the workplaces where they can be employed according to the certificates they
    have.
    3) Duty, authority and obligations, certification and authorization of people and institutions providing
    occupational health and safety services, health surveillance and health reports to be provided within such services,
    physical conditions, staff and equipment that should be available in such institutions.
    4) The conditions under which the services will be received from people and institutions providing
    occupational health and safety services based on the workplace hazard class and the number of workers; the number of
    staff to be assigned or employed, the duration of services to be provided and the conditions under which the employer
    can undertake the assigned duties himself.
    5) The training and certification of occupational physicians, occupational safety specialist and other health
    technicians, the classification of the certificates to which they are entitled based on their titles, certification and
    authorization of the institutions training occupational physicians, occupational safety specialist and other health
    technicians, appointment and certification of the training schedule and the trainers of such training institutions, the
    tests to be taken at the end of such trainings and certificates to be issued.
    c) In relation to risk assessment; the workplaces where risk assessment shall be done and how, setting down
    the qualification of people and institutions to carry out risk assessment, providing the required permit and cancellation
    of the permits.
    ç) By consulting Ministry of Health, controls, examination and investigation required for personal exposure
    and working environment stipulated by this Law, procedures and rules of physical, chemical and biological factor
    12
    measurements and laboratory analysis, setting up the required qualification of people and institutions providing such
    measurements and analysis, authorization and cancellation of authorization as well as authorization and certification
    costs.
    d) Preparation of an emergency plan based on the nature of the work done, the number of workers, the size of
    the workplace, materials produced and stored, working equipment and location of the workplace, prevention,
    protection, evacuation, first aid and people to be assigned for such issues.
    e) Training sessions to be organized for workers and their representatives, certification of these training
    sessions, qualifications of people and institutions providing occupational health and safety training, work requiring
    professional training.
    f) Composition of the council, its duty, authority, rules and procedures, the coordination and cooperation
    among the councils in case there are more than one council.
    g) Jointly with the Ministry of Interior, the cease of operations at the workplace, the workplaces where the
    operations shall be stopped in case of lack of risk assessment, temporary lift of closure with the aim of eliminating the
    reasons leading to cease of operations, conditions under which resume of operations can be allowed, implementation
    of the measures to be taken until the decision on cease of operations shall be taken in urgent cases.
    ğ) Jointly with the Ministry of Environment and Urbanisation, measures to be taken in order to prevent serious
    industrial accidents and mitigating their effects, determination and classification of the workplaces where serious
    industrial accidents may take place, preparation and implementation of serious accidents prevention policy document
    and safety report, the cease of operations and allowing maintaining of operations in case of lack of safety report,
    failing to send it to the Ministry or its being found incompetent by the Ministry.
    (2) Training schedule for occupational physician and other health technician stipulated in the regulations to be
    published on occupational physician and other health technician in compliance with the line (b) of the first paragraph,
    duration of their work, the Ministry of Health is consulted on the issues of duties and authority.
    Certification, notice and cancellation
    ARTICLE 31 – (1) Authorization and certification costs of people, institutions and training institutions which
    provide occupational health and safety services, conduct measurements and analysis, the registration of rules imposed
    on such people and institutions as slight, medium and severe notice in case of violation, suspending of and procedures
    and principles of cancellation of the authorization certificates directly or considering notice points, are regulated by the
    Ministry.
    Amended provisions
    ARTICLE 32 – Of the Labour Law numbered 4857 and dated 22/5/2003;
    a) The last sentence of the first paragraph of the Article 7 is amended as follows: “Having established a
    temporary business relation, the employer has the right to give instructions to the worker.”
    b) The expression in the sub clause (d) of line (II) in the first paragraph of Article 25 “or violating the Article
    84” has been replaced as follows: “, coming to the workplace drunk or on drugs and to drink alcohol or use drugs in
    the workplace”.
    c) The following clause is added in the third paragraph of the Article 7, just after “light works”, “, the jobs
    where youngsters over sixteen but under eighteen can be employed”.
    ARTICLE 33 – The posts of “Chief Labour Inspector”, belonging to the Ministry of Labour and Social
    Security on the table (I) which is an annex to Decree Law on General Posts and Procedures dated 13/12/1983 and
    numbered 190, has been changed as “Chief Inspector of Labour”.
    ARTICLE 34 – The posts on the tables (I), (II) and (III) in the annex are formed and added on the table (I)
    which is an annex to Decree Law numbered 190 under the section of Ministry of Labour and Social Security, the posts
    in the table (IV) in the annex are cancelled and taken out of the table (I) which is an annex to Decree Law numbered
    190 under the section of Ministry of Labour and Social Security.
    ARTICLE 35 – The expression of “Director of Worker’s Health and Safety Institute” has been replaced by
    “Director of Occupational Health and Safety Institute” under the section of “4. In Prime Minister’s Office and
    Ministries” on the table (II) which is an annex to the Public Officers Law dated 14/7/1965 and numbered 657.
    ARTICLE 36 – The following article has been added to the Law on Organization and Duties of Ministry of
    Labour and Social Security dated 9/1/1985 and numbered 3146:
    “Obligation of broadcasting
    ADDITIONAL ARTICLE 2 – Turkish Radio and Television Corporation as well as national, regional, and
    local private television channels and radios shall broadcast programs of warning and didactic content in relation to
    13
    occupational health and safety, elimination of black economy in working life, social security, employer and worker
    relations for at least sixty minutes a month. These programs shall be broadcasted at 08:00-22:00, at least thirty minutes
    to be broadcasted at 17:00-22:00, and the copies of the broadcasts shall be regularly submitted to the High Council of
    Radio and Television every month. The broadcasts beyond these hours shall not be counted within sixty minutes of
    broadcast per month. The Ministry and affiliated and relevant institutions, High Council of Radio and Television and
    other relevant public institutions and scientific institutions, professional organizations with public institution status or
    civil society organizations shall prepare or have somebody else prepare such programs. The programs, following the
    confirmation of the Ministry, shall be broadcasted on radio and television channels by the High Council of Radio and
    Television.
    The broadcasts within the scope of this article shall be free of charge. The supervision of such broadcasts and
    their duration shall be performed by the High Council of Radio and Television.”
    Abolished provisions
    ARTICLE 37 – The following provisions of the Law numbered 4857 have been abolished:
    a) fourth paragraph of the Article 2.
    b) fourth paragraph of the Article 63.
    c) fourth, fifth and sixth paragraphs of the Article 69.
    ç) the Articles 77, 78, 79, 80, 81, 83, 84, 85, 86, 87, 88, 89, 95, 105 and temporary article 2.
    The following expressions are left out of the text: “Without prejudice to the provisions for occupational health
    and safety” in line (f) of the first paragraph of the Article 4 of the Law numbered 4857 and “under the scope of the
    article 85, onethousand New Turkish Lira per each worker employed”.
    References
    TEMPORARY ARTICLE 1 – (1) References included in other pieces of legislation to the Law numbered
    4857 are considered as references to this Law.
    Current regulations
    TEMPORARY ARTICLE 2 – (1) Provisions in regulation which have been enacted pursuant to articles 77,
    78, 79, 80, 81 and 88 of the Law numbered 4857 which are not in violation of this Law, shall remain in force until the
    regulations foreseen in this Law enter into force.
    Medical reports
    TEMPORARY ARTICLE 3 – (1) Periodic medical reports which were given out to workers previously in
    accordance with the Law numbered 4857 and other pieces of legislation shall remain valid until the expiry date.
    Requirement to appoint occupational safety specialist
    TEMPORARY ARTICLE 4 – (1) The requirement of employing an occupational safety specialist with (A)
    class certificate in enterprises classified as very hazardous and mentioned in article 8 of this Law shall be deemed as
    met on condition that an occupational safety specialist with (B) class certificate is employed in these enterprises for
    four years as of the entry into force of this Law; the requirement of employing an occupational safety specialist with
    (B) class certificate in enterprises classified as hazardous shall be deemed as met on condition that an occupational
    safety specialist with (C) class certificate is employed in these enterprises for three years as of the entry into force of
    this Law.
    Existing certificates and documents, and warning points
    TEMPORARY ARTICLE 5 – (1) Of the persons who hold occupational physician’s, occupational safety
    specialist’s and occupational nurse’s certificate or document issued by the Ministry or occupational physician’s
    certificate given out by the Turkish Medical Association before the date of issuance of this Law, those whose
    certificates were deemed invalid can exercise all rights and authority conferred upon by this Law on condition that
    they replace their existing document or certificate with the document to be issued by the Ministry within one year as of
    the issuance of this Law. Of the persons who completed a training programme provided by training institutions for
    occupational physicians and occupational safety specialists before the above-mentioned date, those whose training was
    deemed invalid shall be awarded the right to enter the examination in accordance with the relevant piece of legislation.
    Records of the Ministry shall be deemed as privileged for determining the ownership of right.
    (2) Warning points given to training institutions and joint health and safety units for which no final court order
    was delivered before the issuance of this Law shall be transferred to the upcoming new regulation exactly as they are
    in records.
    14
    Payments to physicians employed as occupational physicians in public institutions
    TEMPORARY ARTICLE 6 – (1) Public sector employees cannot be subject to administrative or financial
    procedures or prosecution due to payments made to occupational physicians from public institutions and organisations
    as well as local governments; any initiated procedure or prosecution shall be annulled; these payments cannot be
    collected or compensated retrospectively.
    TEMPORARY ARTICLE 7 – (1) As of the issuance of this Law, those persons who are assigned in the
    posts of Chief Labour Inspector shall be considered as assigned to the posts of Chief Inspector for Labour without
    requiring any procedure.
    TEMPORARY ARTICLE 8 – (1) Duties of the persons holding the titles of the Director of the Institute for
    Worker’s Health and Occupational Safety and the Deputy Director of the Institute for Worker’s Health and
    Occupational Safety under the Central Directorate of Occupational Health and Safety on the date of the issuance of
    this Law shall end on the day this Law has been issued and they shall be reassigned to other posts suitable to their
    degrees and levels within at least one month. They shall, until they are reassigned to their new posts, continue to
    receive their salaries, additional indicators and all kinds of raises and compensations as well as other financial rights
    related to their old posts. In the event that the total net amount (this amount is considered as a fixed value) of the
    salaries, additional indicators, all kinds of raises and compensations paid as well as additional payments and all other
    payments made under similar names (with the exception of overtime and additional course payments made for work
    performed actually pursuant to the relevant legislation) to the personnel in question within the last month related to
    their old posts as of their reassignment is higher than the total net amount of the salaries, additional indicators, all
    kinds of raises and compensations paid as well as additional payments and all other payments made under similar
    names (with the exception of overtime and additional course payments made for work performed actually pursuant to
    the relevant legislation) related to their new posts; the difference between the two amounts shall be paid separately as
    compensation as long as the difference remains without being subject to any tax or deduction. Payment of the
    reassignment compensation shall be stopped for those whose post titles were changed upon their own request and
    those who were reassigned to other institutions upon their own request.
    (2) Assignments may be made to the vacant posts, which are included in the annexed list of posts created for
    this Law, of 20 Occupational Health and Safety specialists, 100 Assistant Specialists on Occupational Health and
    Safety, 40 Civil Servants, 40 Data Preparation and Control Operators and 10 Engineers within the year 2012 without
    being subject to the limitations under the Central Government Budget Law for the year 2012 dated 21/12/2011 and
    numbered 6260.
    Enforcement
    ARTICLE 38 – (1)
    a) Articles 6, 7 and 8 of this Law shall enter into force
    1) Two years as of the date of issuance for public institutions and enterprises where less than 50 workers and
    which are classified as less hazardous;
    2) One year as of the date of issuance for enterprises where less than 50 workers are employed and which are
    classified as hazardous and very hazardous;
    3) Six months as of the date of issuance for other enterprises,
    b) Articles 9, 31, 33, 34, 35, 36 and 38 as well as temporary articles 4, 5, 6, 7 and 8 shall enter into force on
    the date of issuance,
    c) Other articles shall enter into force six months as of the date of issuance.
    Execution
    ARTICLE 39 – (1) The provisions of this Law shall be implemented by the Cabinet

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