From 1 January 2025, the obligation to appoint an occupational safety specialist and a workplace physician applies to all workplaces, regardless of hazard class or number of employees.
Under Law No. 6331, the obligation to have an occupational safety specialist and a workplace physician has applied to workplaces in the hazardous class and to workplaces in the low-hazard class employing more than 50 workers. For workplaces with fewer than fifty employees in the low-hazard class, that obligation had been postponed to 31 December 2024 under Law No. 7491, published in Official Gazette No. 32413 of 28 December 2023.
As a result, the obligation to have an occupational safety specialist and a workplace physician for workplaces with fewer than fifty employees in the low-hazard class entered into force on 1 January 2025. Accordingly, workplaces in the hazardous and very hazardous classes must obtain occupational health and safety services (workplace physician and occupational safety specialist services) regardless of the number of employees. Workplaces in the low-hazard class must obtain such services if the number of employees exceeds 50. Workplaces in the low-hazard class with fewer than fifty employees have also been required to obtain these services since 1 January 2025. Accordingly, from 1 January 2025 the obligation to appoint an occupational safety specialist and a workplace physician applies to all workplaces (public institutions and private sector workplaces alike, regardless of employee numbers) irrespective of hazard class or number of employees.
I. DETERMINING THE WORKPLACE HAZARD CLASS AND OBTAINING SERVICES ACCORDING TO THAT CLASS — 1.1. Determining the workplace hazard class:
In determining workplace hazard classes, the principal work carried out at that workplace is taken into account. The principal work is the work forming the basis of the production of goods or services. Where there is doubt as to the principal work, the purpose for which the workplace was established is considered. Where more than one activity meeting the definition of principal work is carried out at the workplace, the work with the higher hazard class is taken as the basis for determining the principal work. The first 2, 3, 4 and 5 digits of the workplace social security registration number indicate the workplace registration code / line of business code. This four-digit code corresponds to the four-digit codes in the Communiqué on Workplace Hazard Classes Relating to Occupational Health and Safety and describes the principal activity of the workplace. In the Communiqué, the four-digit codes are broken down by content into one or more six-digit codes. These six-digit codes are NACE six-digit activity codes, with the hazard classes shown against them. In determining its hazard class, a workplace should first select the correct four-digit code from the table in the Communiqué, and then select the six-digit code that best describes its work. The hazard class shown against the selected NACE six-digit activity code is the workplace’s hazard class. The Communiqué uses the NACE Rev.2 Six-Digit Economic Activity Classification. The authority responsible for determining which activity falls under which code in the classification is the Turkish Statistical Institute. A workplace that cannot find its activity in the Communiqué should therefore apply to the Turkish Statistical Institute.
1.2. Appointing an authorised occupational safety specialist according to the hazard class:
Under Occupational Health and Safety Law No. 6331, in order to take up a position, occupational safety specialists must hold a class (A) certificate for workplaces in the very hazardous class, at least a class (B) certificate for workplaces in the hazardous class, and at least a class (C) certificate for workplaces in the low-hazard class. On the other hand, under temporary Article 4 of the Law, until 31 December 2024 a class (B) occupational safety specialist could be appointed at workplaces in the very hazardous class and a class (C) specialist at workplaces in the hazardous class. In addition, under Article 38 of the Law, the obligations for public institutions and for workplaces in the low-hazard class with fewer than 50 employees commenced on 31 December 2024.
II. THE OBLIGATION OF EMPLOYERS AT LOW-HAZARD WORKPLACES WITH FEWER THAN FIFTY EMPLOYEES — 2.1. Points to note in determining whether the number of employees is below fifty: Where the same employer has more than one registered workplace in the low-hazard class across Türkiye, the social security registration records are taken as the basis for determining the workplaces at which occupational health and safety services may be undertaken. Insured persons employed by subcontractors working for the employer are not included in the employee count. Apprentices and interns with student status under Vocational Training Law No. 3308 of 5 June 1986 and Higher Education Law No. 2547 of 4 November 1981 are likewise not taken into account in determining the number of employees.
2.2. Methods by which low-hazard workplaces with fewer than fifty employees may meet the obligation:
Employers or employer representatives at low-hazard workplaces with fewer than fifty employees may meet the obligation by appointing suitably qualified personnel from among their employees, by undertaking it themselves if they hold the necessary certificate, by obtaining services from joint health and safety units or from occupational health and safety training centres authorised by the Ministry, or by completing the training announced by the Ministry without the requirement to appoint an occupational safety specialist. The employer, or a person designated by the employer, may carry out occupational health and safety services other than pre-employment examinations and tests after completing the necessary training. That training may be obtained from training institutions authorised by the Ministry of Labour and Social Security. Employers may obtain services from joint health and safety units. An employer may meet this obligation by entering into an agreement with an external professional provider. Businesses may engage an occupational safety specialist and a workplace physician on a part-time basis according to their needs. Within the scope of health surveillance, the occupational health and safety services undertaken by employers or employer representatives who have completed the training under the regulation do not cover pre-employment and periodic examinations and tests. These services may be obtained from workplace physicians or, under the third paragraph of Article 15 of Occupational Health and Safety Law No. 6331, from public health service providers or family physicians.
2.3. Employers or employer representatives at low-hazard workplaces with fewer than fifty employees may carry out occupational health and safety services (excluding pre-employment and periodic examinations and tests) provided they complete the training announced by the Ministry: Under Article 5 of the Occupational Health and Safety Services Regulation, published in Official Gazette No. 28512 of 29 December 2012 and entitled “Employer’s obligations relating to occupational health and safety services”, employers or employer representatives at low-hazard workplaces with fewer than fifty employees may carry out occupational health and safety services, excluding pre-employment and periodic examinations and tests, provided they complete the training announced by the Ministry. Accordingly, employers and employer representatives of low-hazard workplaces with fewer than fifty employees within the scope of the Regulation must give an undertaking in the ISG-KATIP system in order to carry out the duties assigned by the occupational health and safety legislation to the occupational safety specialist or workplace physician, excluding pre-employment and periodic examinations and tests, by following the application steps set out in the guide published by the Ministry. The employer appoints one or more workplace physicians and occupational safety specialists from among the employees, holding the qualifications specified in the relevant regulations, in order to determine and monitor the implementation of the occupational health and safety measures to be taken at the workplace, to prevent occupational accidents and diseases, and to provide employees with first aid, emergency treatment and preventive health and safety services. Employers of workplaces in the very hazardous class with ten or more employees must additionally appoint other health personnel. If suitably qualified, the employer may undertake the provision of this service personally, taking the hazard class and number of employees into account. Where the workplace does not have suitably qualified personnel, the employer may fulfil all or part of the obligations listed in the first paragraph by obtaining services from a joint health and safety unit or an occupational health and safety training centre. Employers or employer representatives at low-hazard workplaces with fewer than fifty employees who do not hold the specified qualifications and certificate may nevertheless carry out occupational health and safety services, excluding pre-employment and periodic examinations and tests, provided they complete the training announced by the Ministry.
2.4. Conditions under which employers may undertake occupational health and safety services: At low-hazard workplaces with fewer than fifty employees, services other than health surveillance may also be carried out by the employer or employer representative, provided they complete training delivered through public institutions and organisations that have signed a protocol with the Directorate General, professional organisations having the character of public institutions, worker and employer organisations or universities, and pass the resulting examination. Health reports may be obtained from public service providers or family physicians. Where employers or employer representatives at low-hazard workplaces with fewer than fifty employees who have attended the training and qualified for a certificate undertake occupational health and safety services at their own workplaces, the appointments must be made through the ISG-KATIP system.