occ :Lecture 5 – Safety Law and Regulations in Turkey, Law No. 4857, 5510
Introduction to Workplace Health and Safety
Overview of Laws and Regulations related to Occupational Health and Safety.
Focus on:
Labor Law (Law No. 4857)
Social Security and General Health Insurance Law (Law No. 5510)
Learning Outcomes
At the end of the lecture:
Be able to critically analyze and evaluate the laws related to occupational health and safety outlined in:
Labor Law (Law No. 4857)
Social Security and General Health Insurance Law (Law No. 5510)
Labor Law (Law No. 4857)
Overview
Enacted in 2003; cornerstone of Turkey's employment regulations.
Regulates employee-employer relationships and aims to provide safe working conditions.
Introduces provisions for occupational health and safety.
Chapter 5 - Occupational Health and Safety
Employer Responsibilities:
Provide necessary protective equipment.
Monitor working conditions.
Establish occupational health and safety committees in larger workplaces.
Article 77 - Occupational Health and Safety Obligations
Outlines obligations for both employers and employees:
Inform employees of occupational risks and safety measures.
Clarify employees' legal rights and duties.
Article 78 - Bylaws and Regulations
Discusses issuing bylaws for occupational health and safety measures.
Empowers the Ministry of Labour and Social Security to develop regulations.
Article 79 - Suspending Operations
Addresses procedures for suspending or closing establishments with safety defects.
Establishes measures ensuring employee safety during suspension.
Article 80 - Occupational Health and Safety Boards
Requires certain industrial establishments to form boards,
Aimed at identifying hazards and proposing safety measures.
Article 81 - Physician at the Establishment
Obliges establishments with at least 50 employees to provide medical services.
Reflects Turkey's commitment to employee health.
Article 83 - Employee Rights
Allows employees to take action when facing imminent danger to their health.
Emphasizes immediate safety measures in workplaces.
Additional Provisions
Article 85 – Protects young employees from dangerous work.
Article 86 – Requires medical certificates for arduous or dangerous work.
Article 88 – Regulations protecting pregnant and nursing women in the workplace.
Chapter 7 - Supervision and Inspection
Outlines the supervision mechanisms to ensure compliance with labor laws.
Article 91 - State Powers
Commitments of the state to monitor labor legislation.
Chapter 8 - Administrative Penal Provisions
Discusses penalties for labor law violations, emphasizing health and safety.
Article 105 - Violations
Details fines for health and safety regulations violations.
Social Security and General Health Insurance Law (Law No. 5510)
Overview
Enacted in 2006; complements Labor Law No. 4857.
Consolidates elements of social security including retirement, healthcare, and unemployment insurance.
Key Implications for Occupational Health and Safety
Addresses workplace safety through:
Health Insurance Coverage
Provisions for work-related injuries and illnesses.
No personal financial burden for treatment.
Coordination with occupational health laws.
Notification and investigation processes for work accidents and diseases.
Additional Points of Interest
Transfer or Succession of Workplace: Protects employee rights during workplace changes.
Administrative Fines: Enforces compliance among employers regarding safety measures.
Sub-Employers Responsibility: Shared responsibilities for maintaining workplace safety.
Conclusion
Comprehensive framework through Labor Law No. 4857 and Social Security Law No. 5510 aims to ensure the protection and well-being of employees in Turkey.