The Requirement for OHS Specialists and Workplace Physicians in Low-Risk Workplaces with Less Than 50 Employees Has Come into Effect

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1. Preventing occupational risks, taking all necessary precautions, including training and information sharing, organizing safety measures, providing required tools and equipment, adapting health and safety measures to changing conditions, and working to improve the current situation.
2. Monitoring and auditing compliance with occupational health and safety measures taken in the workplace and ensuring the correction of any non-compliance.
3. Conducting or commissioning a risk assessment.
4. Considering the employee's suitability in terms of health and safety when assigning tasks.
5. Taking the necessary precautions to prevent employees who have not received sufficient information and instructions from entering areas containing life-threatening and specific hazards.

In accordance with Article 5 of the Law, employers are required to appoint an occupational safety specialist and a workplace physician to provide occupational health and safety services, including the prevention of occupational risks and protection from such risks. However, previously, the obligation to employ an occupational safety specialist and a workplace physician in low-risk workplaces with less than 50 employees had been postponed until December 31, 2024. As of the specified date, this postponement period has ended, and the relevant regulation has come into effect. Employers are now legally obligated to provide these services.

The details of the regulation and employer responsibilities are outlined below:

Scope of the Regulation

The obligations of low-risk workplaces with less than 50 employees to provide occupational health and safety services can be summarized as follows:

1. Obligation to Employ an Occupational Safety Specialist and a Workplace Physician:

   Employers are required to employ an OHS specialist and a workplace physician to provide occupational health and safety services. These services can be provided either on-site on a full-time basis or through joint health and safety units (OSGB) externally.

   If the employer meets the required qualifications and holds the necessary certification, they may assume responsibility for these services themselves, considering the workplace's hazard classification and the number of employees.

2. In low-risk workplaces with less than 50 employees, employers or employer representatives can handle occupational health and safety services—excluding pre-employment and periodic medical examinations and assessments—provided they complete the training announced by the Ministry of Labor and Social Security.

The training is provided by public institutions, professional organizations with public institution status, worker and employer organizations, and universities with the capability to provide distance learning. These universities must also have examination centers, offices, and academic advisory services in every province and must enter into a protocol agreement with the Ministry.

3. The following factors are considered in determining whether a workplace has less than 50 employees:
• If the same employer has multiple registered low-risk workplaces across Türkiye, the Social Security Institution's (SSI) registration records are used to determine which workplaces can assume occupational health and safety responsibilities.
• Employees working for subcontractors hired by the employer are not included in the employee count.
• Apprentices and interns under the Vocational Education Law No. 3308 (dated 05.06.1986) and the Higher Education Law No. 2547 (dated 04.11.1981) are also excluded from the employee count.
4. In scope of health surveillance, occupational health and safety services provided by employers or employer representatives who have received the relevant training under this regulation do not cover pre-employment and periodic medical examinations or assessments. These services must be obtained from Workplace Physicians. Alternatively, under the third paragraph of Article 15 of the Occupational Health and Safety Law No. 6331, they can be obtained from public health service providers or family physicians.

Penalties Related to Implementation

Employers who fail to fulfill these obligations will be subject to administrative fines as stipulated in Law No. 6331. As of 2025, the penalties are as follows:

• Employers who fail to appoint an occupational safety specialist and a workplace physician will be fined 88,663.00 TRY for each unassigned individual, and the same amount will apply for each month the violation continues.
• Employers who fail to provide the necessary tools, equipment, space, and time to enable individuals or organizations assigned for OHS services to fulfill their duties will be fined 26,557.00 TRY.
• Employers who do not ensure cooperation and coordination among those responsible for health and safety services in the workplace will be fined 26,557.00 TRY.

Conclusion and Evaluation

With the postponement period ending on December 31, 2024, the obligation to employ an OHS specialist and a workplace physician in low-risk workplaces with less than 50 employees has come into effect. This regulation is a critical step toward ensuring the safety and health of employees. Employers should take the necessary steps without delay to ensure both legal compliance and the creation of a safe working environment in their workplaces.

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