Antalya, with its dynamic economy and extensive business opportunities, is one of Türkiye’s major commercial and tourism centers. In this vibrant business environment, the health and safety of employees is of paramount importance, both as a humanitarian responsibility and a legal obligation. Occupational health and safety (OHS) legislation aims to ensure a healthy and safe working environment in the workplace. However, employers can face significant administrative fines for non-compliance with this legislation. This article will provide a detailed overview of OSH legislation violations for employers and employees in Antalya, including the administrative fines and appeals processes for these violations.
Fundamentals of Occupational Health and Safety Legislation and Employer Responsibilities
The fundamental regulation in occupational health and safety in Türkiye is Occupational Health and Safety Law No. 6331. This law establishes employers’ obligations to protect their employees from workplace hazards, assess risks, take preventive measures, and provide a safe working environment. The law applies to all businesses and workplaces in the public and private sectors, including employers and employees, regardless of their specific field of activity.
Employers are obligated to ensure that employees receive training in occupational health and safety, provide the necessary personal protective equipment, conduct risk assessments, prepare emergency plans, and obtain services from occupational health and safety professionals such as a workplace physician and occupational safety specialist. Failure to fulfill these obligations will result in administrative sanctions at various levels.
Major Violations That Cause Administrative Fines
Violations of occupational health and safety legislation vary widely, and each type of violation carries different administrative fines. The amount of these fines can vary depending on the nature of the violation, the number of employees in the workplace, and whether it is repeated.
Violation of Risk Assessment Obligation
Employers are obligated to conduct or have a risk assessment conducted in their workplaces. A risk assessment is the process of identifying hazards in the workplace, analyzing and evaluating these risks, and determining control measures. According to Article 10 of Law No. 6331, the penalty for failing to conduct or have a risk assessment conducted is determined by the number of employees in the workplace and can reach quite high amounts. Furthermore, failure to update the risk assessment is also grounds for a penalty. This obligation is frequently neglected in many workplaces in Antalya, especially small and medium-sized enterprises.
Violation of Occupational Health and Safety Services Obligation
It is mandatory for workplaces to assign occupational safety specialists, occupational physicians, and other health personnel, or to obtain these services from joint health and safety units (OSGB). If employers fail to provide these services, they face administrative fines for each month. These fines apply separately to each professional not assigned and increase based on the number of employees. For example, the penalty for not assigning an occupational safety specialist or occupational physician is levied separately for each month and can lead to significant costs.
Violation of the Obligation to Train and Inform Employees
Employers are obligated to provide occupational health and safety training to their employees and inform them about workplace risks. This training must be repeated before starting work, upon change of workplace or job, upon changes in work equipment, and upon the implementation of new technology. Penalties for failing to provide occupational health and safety training or information to employees will be applied separately for each employee who does not receive training.
Violation of the Obligation to Provide and Use Personal Protective Equipment (PPE)
To ensure the health and safety of employees, employers are obligated to provide, maintain, and ensure the proper use of necessary personal protective equipment (helmets, gloves, goggles, masks, etc.) in accordance with the instructions. Penalties for failing to provide or ensure the use of PPE are individualized for each employee and may be repeated as long as the violation persists.
Violation of the Emergency Plans and Drills Obligation
All workplaces should develop emergency plans, form emergency teams based on these plans, and conduct regular drills. Penalties for failing to develop an emergency plan or conduct drills are determined by the workplace’s hazard classification and the number of employees.
Violation of Health Surveillance Obligation
Employers are obligated to conduct pre-employment and periodic health examinations for employees. These examinations are conducted to protect employee health and prevent occupational diseases. Penalties for failing to conduct health surveillance are applied separately for each employee who fails to undergo the examination.
Violation of the Obligation to Notify Work Accidents and Occupational Diseases
When a workplace accident or occupational illness occurs, the employer must notify the relevant authorities (Social Security Institution, law enforcement) within the timeframe. Penalties for failing to report a workplace accident or occupational illness apply to each incident that is not reported and can have serious consequences.
Process of Determining and Implementing Administrative Fines
Administrative fines are imposed on violations of legislation identified during inspections conducted by labor inspectors affiliated with the Labor Inspection Board of the Ministry of Labor and Social Security. Inspectors prepare a report based on their inspections and findings at the workplace, and administrative fines are imposed based on this report.
The amount of fines is determined based on the type of violation, the workplace’s hazard class, and the number of employees, provided that they remain within the lower and upper limits specified in Article 26 of Law No. 6331 and other relevant legislation. Furthermore, if the same violation reoccurs, penalties may be increased. Administrative fines imposed are notified to the employer and must be paid or appealed within the specified legal deadlines from the date of notification.
Objection Process to Administrative Fines
Employers have the right to take legal action against administrative fines served upon them. Employers wishing to appeal an administrative fine must submit a petition to the competent Criminal Court of Peace within 15 days of the date of notification. This is a statute of limitations, and if missed, the right to appeal is forfeited.
The appeal must clearly state why the penalty is unlawful and the grounds for appeal. The appeal process may be based on allegations that the penalty is unlawful in procedural or substantive terms. For example, objections may be based on grounds such as improper supervision, the act for which the penalty is imposed, insufficient evidence, or the amount of the penalty being disproportionate.
Upon objection, the Criminal Court of Peace renders a decision based on the case file or, if deemed necessary, by holding a hearing. The court may accept the objection and lift the sentence, partially lift it, or reject the objection and order the same sentence to be applied. Legal remedies are also available against the court’s decision.
If payment is made before an administrative fine is appealed, a 25% discount will be applied to the fine. However, taking advantage of this discount does not constitute a waiver of the right to appeal. Even if the employer makes a payment using the discount, they may exercise their right to appeal within 15 days. In this case, if the appeal is accepted, the paid amount will be refunded to the employer.
Things Employers Should Pay Attention to and Legal Support
It is vital that all employers operating in Antalya take proactive steps to ensure full compliance with occupational health and safety regulations. Regularly conducting risk assessments, receiving comprehensive OHS services, ensuring consistent employee training, and accurately documenting all these processes will minimize the risk of administrative fines during potential audits.
Given the complexity of the legislation and the high penalties involved, it is crucial for employers to seek legal counsel. Especially when facing an administrative fine, seeking the support of an experienced legal professional to properly manage the appeal process, prepare a solid legal petition, and present complete evidence is crucial for protecting employers’ rights. Properly following legal processes can yield significant advantages in terms of both time and cost. Occupational health and safety is not only a legal obligation but also an ethical responsibility, and investments in this area will increase workplace productivity and employee satisfaction in the long run.