The obligation to employ an occupational health and safety (OHS) specialist and a workplace physician in workplaces classified as low-risk with fewer than 50 employees had been postponed for a long time. However, this long-postponed requirement has officially come into effect as of January 1, 2025, pursuant to Article 38/1-a-1 of the Occupational Health and Safety Law No. 6331.
In this regard, workplaces in the low-risk category with fewer than 50 employees are now required to employ: (i) an occupational health and safety (OHS) specialist, and (ii) a workplace physician. The qualifications and working hours of these professionals are regulated under the relevant regulations as follows:
- Workplace Physician:
The Regulation on the Duties, Authorities, Responsibilities, and Training of Workplace Physicians and Other Health Personnel requires that individuals appointed as workplace physicians must hold a valid workplace physician certificate.
According to the relevant regulation: In workplaces classified as low-risk, the minimum working time for workplace physicians is at least 5 minutes per employee per month. In workplaces with 2,000 or more employees, at least one full-time workplace physician must be appointed for every 2,000 employees. If the number of employees exceeds multiples of 2,000, additional workplace physicians must be assigned accordingly.
- Occupational Health and Safety Specialist:
The Regulation on the Duties, Authorities, Responsibilities, and Training of Occupational Health and Safety Specialists states that OHS specialists working in low-risk workplaces must hold a Class C certificate.
According to the relevant regulation: In workplaces classified as low-risk, the minimum working time for OHS specialists is at least 10 minutes per employee per month. In workplaces with 1,000 or more employees, at least one full-time OHS specialist must be appointed for every 1,000 employees. If the number of employees exceeds multiples of 1,000, additional OHS specialists must be assigned accordingly.
Failure to comply with the relevant law and regulations may result in the following administrative fines, in addition to potential legal consequences if an occupational accident occurs due to non-compliance with the Occupational Health and Safety Law No. 6331.
For 2025, the updated administrative fines are as follows:
- Failure to appoint an OHS specialist: 88,663 TL per month (for each month of non-compliance).
- Failure to appoint a workplace physician: 88,663 TL per month (for each month of non-compliance).