ohs organization at workplaces ministry of labor and social security directorate general of ohs...
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OHS ORGANOHS ORGANIIZATZATIION ON ATAT WORKPLACES WORKPLACES
MINISTRY OF LABOR AND SOCIAL SECURITYMINISTRY OF LABOR AND SOCIAL SECURITY
DIRECTORATE GENERAL OF OHSDIRECTORATE GENERAL OF OHS
İsmail ÇELİKİsmail ÇELİKOHS ExpertOHS Expert
OHS ORGANIZATION AT WORKPLACES
Content of the Presentation
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
OHS ORGANIZATION AT WORKPLACES
CHAPTER 5OCCUPATIONAL 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
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.
Labor Law - 4857
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
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 BoardsArticle 5. -
Employer or his agent,OHS expertOccupational physicianAn 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.
Implementing Regulation on Occupational Health and Safety Boards
OHS ORGANIZATION AT WORKPLACES
CHAPTER 5OCCUPATIONAL 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
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 MoLSS with taking the opinions of Ministry of Health, Turkish Medical Association and Union of Chambers of Turkish Engineers and Architects in to account.
Labor Law - 4857
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
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.
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.
Notification on Hazard Classes List Related to Occupational Health and Safety
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.
