Lawyer in Turkey: Mandatory Risk Assessment at the Workplace

Monday, March 11, 2013

Mandatory Risk Assessment at the Workplace

Directors of an owner association be aware!

The 1st of January, 2013, employers with staff employed are legally required to do a risk assessment at their workplace. In other words, all apartments or residential parks with a caretaker, gardener and/or security men have to do the risk assessment according the new labor safety rules before the end of 2013, under penalty of a large fine. For a whole year, the total amount of fines can be up to 60.000 TL.

This is prescribed by the amended Occupational Health legislation at 1 January 2013. The purpose of the Occupational Health legislation is to regulate the duties, powers, responsibilities, rights and duties of employers and employees with a view to improve and enforce the health and safety care at the workplace.

What is a risk assessment?

Risk assessment covers a report relating to the nearer establish and analysis of existing hazards as well the chance on possible hazards at the workplace, factors that can convert these hazards into risks or maybe aggravate, analyzing the risks in quantity and grade, and determining control measures in this.

The law does not distinction between an employer with 100 employees or 1 employee. Those who do not meet this obligation will be fined with 3.000 TL for January 2013 and for each following month 4.500 TL per month. The inspection will be carried out by the labor inspectorate. By determination of non-compliance, the local Occupational Health department will cash the fine.

Risk assessment should be carried out in groups. The department needs to be formed by the employer. According to the amended regulations, this department must consist of:  the employer or his representative, a representative of the employees, support staff, a knowledgeable representative of the employees about risk analysis, a labor doctor and an expert on occupational safety. The employer may, if desired, take off services from outside.

The presence of a labor doctor and a safety expert is not required (until 30 June 2014). These are not required for employers with less than 50 personnel and workplaces be termed as non-dangerous.

If you need advice and guidance, we can assist you in drawing up this risk assessment and other questions in this regard.

You can find the new laws regarding to Healthy and Safety at Work at the law database of the Ministry of Work and Social Affairs.

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