Occupational Health and Safety Obligations For Workplaces With Fewer Than 50 Employees And Classified As Low-Hazard

I. Introduction

Law No. 7538 on Amendments to the Social Security and General Health Insurance Law and Certain Other Laws was published in the Official Gazette dated January 15, 2025, and numbered 32783. With the amendments made to the Occupational Health and Safety Law No. 6331 (the "Law No. 6331"), the occupational health and safety (“OHS") obligations of workplaces with fewer than 50 employees and classified as low hazard have been expanded.

II. Existing OHS Obligations

Prior to the amendments, under Articles 4 and 5 of Law No. 6331, employers were already required to; provide OHS training to employees, conduct risk assessments, ensure employees' suitability for work within the scope of occupational safety, take vital measures, avoid risks, analyze existing risks and implement measures to overcome them, provide necessary equipment and organize resources for OHS, and take precautions to ensure workplace safety.

III. Regulations Introduced by Legislative Amendments

As of December 31, 2024, workplaces with fewer than 50 employees and classified as low hazard are subject to the following additional responsibilities under Article 6 of Law No. 6331:

(i) An occupational safety specialist and a workplace physician must be present at the workplace. If there are no employees with these qualifications, it is possible to obtain support by employing the OHS specialist and workplace physician from the joint health and safety units on a part-time basis or by receiving workplace physician training from the Ministry of Health's Employee Health Training Center.

(ii) The employer or the employer's representative may successfully complete the trainings announced by the Ministry of Labor and Social Security (the “Ministry”) and may carry out OHS services other than the employment medical examinations and periodic health checks.

(iii) In the workplace, occupational safety experts and occupational physicians should be provided with the materials, workspace and time they need to fulfill their duties.

(iv) Finally, employers must ensure coordination among those providing OHS services and implement the written recommendations of these individuals along with other measures regulated in the legislation.

For workplaces with fewer than 10 employees and less hazardous workplaces, Law No. 6331 allows them to benefit from the support of transferring resources from the premiums collected by the Ministry for short-term insurance branches in terms of expenses, occupational accidents and occupational diseases, if decided by the Presidency.

IV. Administrative Fines For Non-Compliance With the Legislation

Article 6 of Law No. 6331 regulates the following administrative fines for the year 2025 in case of non-compliance by less hazardous workplaces with the obligations under Article 6 of the Law No. 6331:

We recommend reviewing the Workplace Hazard Classification List to confirm whether your workplace is classified as “low-hazard.”