Official Gazette 27320.doc

15 August 2009 SATURDAY

OFFICIAL GAZETTE

Number: 27320

REGULATION

From Ministry of Labor and Social Security:

REGULATION ABOUT WORKPLACE HEALTH AND SECURITY UNITS

AND COMMON HEALTH AND SECURITY UNITS

SECTION ONE

Purpose, Scope, Legal Ground and Definitions

Purpose

ARTICLE 1 – (1) The purpose of this Regulation is to arrange the methods and principles related to quality, number, employment, duties, authorities and responsibilities, working conditions, education and certifications, how to perform the duties of workplace physicians and work safety experts who will be employed in workplace health and safety unit and common health and safety units; as well as the characteristics and authorization of workplace health and safety units and common health and safety units that will be established in the workplace, personnel, tools, facilities and equipment that have to be present in these units, education and characteristics of the personnel who will be employed in these units and how to get service from common health and safety units.

Scope ARTICLE 2 – (1) This Regulation includes the following workplaces that are included in the scope of Labor Law numbered 4857 and dated 22/5/2003:

a) the workplaces that employ continuously at least 50 workers in terms of formation of workplace health and safety unit or receiving service from common health and safety units that are established outside of workplace and employment of workplace physician, and when necessary, other personnel;

b) the workplaces that employ continuously at least 50 workers and where the works which are considered to be industrial nature are performed in terms of employment of expert engineer or technical personnel about work safety.

Legal Ground

ARTICLE 3 – (1) This Regulation has been prepared based on the article 81 of Labor Law numbered 4857 and paragraph (r) of article 2 and paragraphs (k) and (l) of article 12 of the Law About Formation and Duties of the Ministry of Labor and Social Security numbered 3146 and dated 9/1)1985.

Definitions

ARTICLE 4 – The definition of the terms mentioned in this Regulation is as follows:

a) Ministry: The Ministry of Labor and Social Security,

b) Education certificate of educator: The education certificate of educators given by public corporate and institutions, universities, professional institutions in the nature of public institution and institutions authorized by Private Education Institutions Law numbered 5580,

c) Education institutions: Corporate and institutions, universities that have the authority of offering workplace physician and work safety expertise education in their foundation laws and public corporate and institutions authorized by the General Directorate, professional institutions in the nature of public institution and private law juridical persons,

d) General Directorate: General Directorate for Health and Safety at Work,

e) Work safety expert: Engineer or technical person authorized by General Directorate to serve in the fields of health and safety at work,

f) Workplace physician: The physician authorized by General Directorate to serve in the fields of health and safety at work,

g) Workplace health and safety unit: the unit having necessary equipment and personnel that is established in the workplace to perform health and safety at work services,

h) First aid provider: the person who received first aid provider certificate in accordance with the First Aid Regulations published in the Official Gazzette numbered 24762 and dated 22/5/2002.

i) Common health and safety unit: Public corporate and institutions and private law juridical persons having necessary equipment and personnel that are established outside of workplace for the purpose of providing health and safety at work services to one or more workplaces and that are authorized by the General Directorate,

j) Danger group: the danger group that is so determined by Danger Group Determination Commission by considering the matters such as nature of the work done in terms of health and safety of workplace, the materials used or arises as outcome, work equipment, manufacturing methods and types, working conditions and medium and related matters,

k) Technical staff member: those who graduated with undergraduate degree from physics and chemistry departments of universities, technical teachers and those who graduated from health and safety at work department.

SECTION TWO

Rights and Liabilities

(1) For the purpose of providing healthy and safe working environment in the workplace, the employers are responsible to determine and take health and safety measures at the workplace, follow up their implementation, audit and develop them; to prevent work accidents and professional illnesses and to provide first aid and urgent intervention as well as to give preventive and protective health and safety services for workers.

(2) In order to give this service, employers are responsible, in the workplaces where there are at least 50 workers working continuously, to create workplace health and safety unit as well as to appoint one or more workplace physician and other personnel when necessary and one or more work safety expert for works that are considered as industrial type. Employers may conduct these liabilities also by getting all or some of the work health and safety services from common health and safety units that are established outside of workplace.

(3) Employer is responsible to conduct for the execution of health and safety services at the workplace. Getting services from common health and safety units does not remove the liability of employer. Liabilities of workers about work safety and health do not affect the responsibility of employer.

(4) Employer makes sure that workplace health and safety unit personnel work in close cooperation with each other.

(5) Within the framework of liabilities of employer about work safety and health, employer conveys the information, that is necessary for the workplace health and safety unit and common health and safety unit to perform their work, to these units.

(6) Employer is responsible to provide necessary convenience for workplace health and safety unit and common health and safety unit personnel, as well as to let them making planning and organization, so that they can perform their duties about work health and safety service in the workplace in an efficient manner.

(7) Employer takes the opinion of workers and let them participate about matters related to health and safety.

(8) Employer enlightens the workers about names, last names, working hours and authorities and responsibilities of personnel working at workplace health and safety unit and common health and safety unit.

(9) Employer is responsible for the outcomes if the measures and advices given by the workplace physician and work safety expert that are related to work health and safety and that are recorded on a notary public approved book are not fulfilled. When requested, this book must be shown to work inspectors that visit the workplace.

(10) Employer grants adequate time period, provided that it is not less than the time periods expressed in articles 31 and 36, to workplace physician and work safety experts so that they can perform their duties explained in this Regulation.

(11) Employer lets the workplace health and security unit and common health and safety unit reach the health related information of workers who come to its workplace to work from some other workplace.

(12) In parallel with work health and safety regulation, the employer performs its registration and notification liabilities in cooperation with workplace health and safety unit or common health and safety unit.

(13) Employer has to preserve the personal health files of workers for a period of 10 years after they leave their jobs. For workplaces where liability period of illnesses resulting from workplace environment factors exceeds this period, preserving time of the files extends depending on the liability period of illnesses. When a worker leaves the workplace and starts working in another workplace, new employer asks the personal health file of the worker and the previous employer sends a copy of the file after endorsing it.

Rights and liabilities of employees

ARTICLE 6 –

(1) Workers may notify work health and safety board, or to employer or assignee of employer when work health and safety board is not present in the workplace, about deficiencies and dangers that might affect their health and safety in the workplace to determine the situation and to decide taking necessary measures.

(2) Provided that the liabilities against the employer are preserved, for protection and improvement of health and safety in the workplace, the workers are liable;

a) to support the works to be conducted by workplace health and safety unit and common health and safety unit; to participate in health checks, informative sessions and education programs and to make cooperation when necessary;

b) to conform with the instructions to be given by workplace health and safety unit and common health and safety unit for protection of the health and safety of themselves and others in the workplace.

(3) Workers or their representatives take part in activities related to work health and safety matters.

(4) A worker on which a health monitoring is to be applied is informed in advance about goals and processes of services to be conducted during health monitoring and also about usage of data that will be obtained at the end of health monitoring.

(5) Workers or their representatives have the right to request for health monitoring when a suspicious situation exists about professional health.

Providing the service to workers for free of charge

ARTICLE 7 –

(1) Work health and safety services to be given to workers and related educational activities shall be given to workers in a manner not to charge them any costs and in times other than their resting periods. The time which passes during this education period is counted as the working time.

SECTION THREE

Foundation and Characteristics of Workplace Health and Safety Unit and Common Health and Safety Unit

Workplace health and safety unit

ARTICLE 8 –

(1) In workplace where at least 50 workers are employed continuously, workplace health and safety unit is established to perform work health and safety services. Workplace health and safety unit consists of at least one workplace physician and at least one work safety expert in workplaces where works counted to be industrial types are performed and other personnel if necessary to provide help for the works to be performed. This liability can also be performed by receiving all or some portion of this service from common health and safety units that are authorized by the General Directorate.

(2) Workplace health and safety unit performs the preventive and protective services in time periods that are not less than those mentioned in article 31 and 36 depending on the danger group of the workplace and number of workers.

Common health and safety unit

ARTICLE 9 –

(1) It is compulsory that the founder or at least one of the founder partners of common health and safety units has to be workplace physician or (A) class work safety expert. These founders can not be founders in more than one common health and safety units.

(2) In order to be able to establish a common health and safety unit, at least one workplace physician and one work safety expert that have to work under full time working work agreement have to be employed. In a case where the founder or one of the founding partners of the common health and safety unit is a workplace physician, workplace physician employment conditions shall not be enforced; whereas if he/she is a work safety expert, work safety expert employment condition shall not be enforced.

(3) Common health and safety unit performs the preventive and protective services in time periods that are not less than those mentioned in article 31 and 36 depending on the danger group of the workplace and number of workers.

(4) In order to be able to perform work health and safety services in an effective manner, the same workplace physician, work safety expert and other personnel shall provide services to the workplace where service is provided, except for inevitable situations.

Other personnel to be assigned

ARTICLE 10 –

(1) Other personnel who are in relation with work health and safety can be assigned, when necessary, in workplace health and safety units and common health and safety units.

Building and equipment

ARTICLE 11 –

(1) Workplace health and safety units and common health and safety units shall be large enough for the working staff number and for the performance of work health and safety services, they have to be easily reachable, preferably in a one-story building or in the entrance floor of the building in which they will be established. Workplace health and safety units shall consist of at least one room where examination, first aid and urgent intervention can be made, one work safety expert room and waiting area while common health and safety units shall consist of at least one examination room, one first aid and urgent intervention room, one work safety expert room and waiting area.

(2) Workplace health and safety units and common health and safety units shall be in nature that is expressed in Regulation About Health and Safety Measures to be Taken in Workplace Building and Attachments which is published in the Official Gazzette numbered 25369 and dated 10/2/2004. Workplace health and safety units and common health and safety units shall be equipped with the tools and equipment expressed in Annex-1.

(3) For the workplaces where it is compulsory to establish a workplace health and safety unit; the following conditions apply:

a) in workplaces that are in low danger group and that employ up to 1000 workers and in workplace that are in dangerous group and that employ up to 750 workers and in workplaces that are in very dangerous group and that employ up to 500 workers; if the employers fulfill all of health and safety service providing liabilities by getting services from common health and safety units, building and equipment condition is waived provided that there is a first aid and urgent intervention room in the workplace and first aid providers in a number expressed in the First Aid Regulation are present in the workplace,

b) in workplaces that are in low danger group and that employ more than 1000 (including 1000) workers and in workplace that are in dangerous group and that employ more than 750 (including 750) workers and in workplaces that are in very dangerous group and that employ up to 500 (including 500) workers, building and equipment condition for workplace health and safety unit must be fulfilled, a workplace physician that works with a fulltime work contract must be employed and a work safety expert that works with a full time work contract must be employed in works that are counted as industrial type.

Transferring work health and safety services

ARTICLE 12 –

(1) Common health and safety units can not transfer performing the workplace physician and work safety expert services to another common health and safety unit.

Treatment services

ARTICLE 13 –

(1) The methods and principles related to first stage treatment services that are not within work health services which will be performed by workplace health and safety units and common health and safety units shall be regulated with a protocol to be made between Social Security Institution and employer based on the bulletin to be published by the Ministry and the Ministry of Health.

Application procedures for common health and safety units

ARTICLE 14 –

(1) Common health and safety units to be founded make a written application to the General Directorate together with the information and documents given below:

a) Application statement that includes the title, owner or owners, activity address and communication information for the common health and safety unit and that makes a request for authorization certificate,

b) For commercial companies, certified sample of Trade Registry Gazzette,

c) For charitable foundations and societies, certified sample of bill or constitution,

d) Certified samples of workplace physician or work safety expert certificates of founder or at least one of the founding partners of common health and safety unit,

e) At least one of the administrators of common health and safety units that will be established in public corporate and institutions has to be workplace physician or work safety expert,

f) If the activity address is a rental place, certified sample of rent contract which is valid for at least a period of five years,

g) Certified sample of land registry if the activity address belongs to common health and safety unit or one of the founders,

h) If the activity address is a beneficial ownership, the certificate that will be taken from the related land register directorate,

i) 1/200 scale plan including all sections of the activity area of the place,

j) If common health and safety unit will perform activities in separate sections of a main real estate that is registered in the land registry as a residential building, certified sample of the unanimously taken approval verdict of condominium owners,

k) The certificate given by competent authority confirming that necessary measures against fire are taken in conformity with the related regulation.

(2) For public corporate and institutions, only the documents expressed in paragraphs (a), (e) and (k) of article 1 are requested.

(3) In conformity with article 1, if a copy of the original documents requested from common health and safety units is brought, the copy is certified by the General Directorate.

Authorization of common health and safety units

ARTICLE 15 –

(1) Application file prepared by common health and safety units shall be inspected by the General Directorate and if there is any missing document or information, it shall be notified in writing to the applicant common health and safety units. If they are found, after the inspections performed, to satisfy the conditions stated in this Regulation, the General Directorate prepares common health and safety unit authority certificate, in conformity with the sample given in Annex-9, for exclusively the address expressed in the application file. If another branch office is opened in another address, authority certificate is prepared for also the branch office under the same principles and methods provided that all conditions expressed in article 9, except those stated in the first paragraph, are satisfied. These documents must be brought to the General Directorate for certification in every three years by the common health and safety units.

(2) Common health and safety units that will perform activities within the scope of this Regulation can not start their activities unless they obtain their common health and safety unit authority certificates.

Matters to be conformed

ARTICLE 16 –

(1) Common health and safety units have to conform to the following matters:

a) Names and titles are registered in Turkish and only the names and titles stated in their authority certificate can be written on the signboard.

b) No advertisement can be made about the activities and prices that are not included within the scope of their structure.

c) Another title or the foreign languages translation of their current titles can not be used on their signboards or published documents.

d) The names belonging to public corporate and institutions can not be used by private institutions as trade names in order to prevent misconception and unfair competition.

Cancellation of authority certificate

ARTICLE 17 –

(1) Authority certificates of common health and safety units that act contrary to the rules expressed in articles 9, 11, 12, 16, 19, 20, 21, 22, 23, 24, 25 and 26 of this Regulation will be cancelled by the General Directorate.

SECTION FOUR

Duties, Working Methods and Principles of Workplace Health and Safety Units and Common Health and Safety Units

Duties

ARTICLE 18 –

(1) Workplace health and safety units and health and safety units are responsible to perform the following duties:

a) health monitoring of workers,

b) monitoring of working environment,

c) education, consultancy and informing,

d) first aid and urgent intervention,

e) registration and statistics and similar other duties in order to create a health and safety working environment and to make contribution for creation of an effective working environment provided that the normal flow of the work is not hindered.

Health monitoring of workers

ARTICLE 19 –

(1) Health monitoring of workers includes all kinds of health service to be given to workers for the purpose of protecting and improving the health of workers.

(2) Workplace health and safety unit and common health and safety unit performs the matters mentioned in article 32 while conducting its duties mentioned in paragraph 1.

Monitoring of working environment

ARTICLE 20 –

(1) Monitoring of working environment includes all kinds of preventive and corrective activities to be performed by workplace health and safety unit and common health and safety unit against health and safety dangers in the workplace.

(2) Workplace health and safety unit and common health and safety unit performs the matters mentioned in article 37 while conducting its duties mentioned in paragraph 1.

Education, consultancy and informing

ARTICLE 21 –

(1) Workplace health and safety unit and common health and safety unit provides education and informing about health and safety at work for workers; provides consultancy about any kinds of matters related to health and safety at work.

First aid and urgent intervention

ARTICLE 22-

(1) Workplace health and safety unit and common health and safety unit:

a) determine the situations that require urgent intervention such as accident in the workplace, fire, natural disasters and so on. They organize and execute the preparation of urgent situation plan, the things that have to be done and applications in terms of first aid and urgent intervention and make cooperation with other units, corporate and institutions,

b) make organization to provide necessary education for persons who will be assigned as first aid provider in the workplace,

(2) Workplace health and safety unit shall be kept open during the working hours of the workplace. Adequate number of first aid provider shall be present during this time period.

(3) Obtaining health and safety at work services from common health and safety units does not eliminate the requirement of having adequate number of first aid providers in the workplace in conformity with First Aid Regulation.

Registration and statistics

ARTICLE 23 –

(1) All information related to health monitoring of workers and monitoring of working environment are recorded by workplace health and safety unit or common health and safety unit and are preserved for a period of 10 years.

(2) For determination if the health of workers are affected or not from the working conditions, the records of the following are used: starting to job and periodic health controls, daily and monthly records of applications made in relation with illness and health problems, job accidents and professional illnesses, days of absence at work, dangerous and harmful matters.

(3) Workplace health and safety units and common health and safety units make sure that health information of workers, the jobs they perform and exposure information in the environment they work as well as the evaluation results of this exposure are preserved in their personal health files in the workplace by conforming to the confidentiality principle.

(4) Employer lets the workers and their representatives and health and safety at work board, if it exists, reach the records and statistics about work health and safety.

(5) Workplace health and safety units and common health and safety units record all job accidents that occur in the workplace and professional illnesses and prepare report about them; use the sample forms given in Annex-2 for follow up and registration of job accidents and professional illnesses; evaluate the records of job accidents and professional illnesses and determine their sources and develop measures against these sources.

Yearly working plan

ARTICLE 24 –

(1) Workplace health and safety units and common health and safety units prepare a yearly working plan about the services to be performed and the prepared plan is approved by the employer. The approved plan is announced in the workplace. One copy of the plan is fettered by workplace health and safety unit and common health and safety unit.

Yearly evaluation report

ARTICLE 25 –

(1) Workplace health and safety units and common health and safety units record the works performed about workplace health monitoring and monitoring of the working environment and prepare a yearly evaluation plan in conformity with the sample given in Annex-3 and send this report to the employer, health and safety at work board and General Directorate. Yearly evaluation report to be sent to General Directorate shall be sent both in written form and in electronic medium. This information is transmitted in electronic medium by the General Directorate to the Ministry of Health, Basic Health Services General Directorate.

Assignment certificate and contract

ARTICLE 26 –

(1) Employer prepares an assignment certificate about performing the duties of workplace physician, work safety expert and other personnel who have the qualities explained in this Regulation and who will be employed in the workspace health and safety unit. If all or some portion of these duties is received from common health and safety units, a contract shall be prepared by the sides.

Assignment certificate or contract shall be prepared as three copies. One of the prepared copies remains with the employer, the other copy remains with the workplace health and safety unit or common health and safety unit while the third copy is sent to the General Directorate. Contracts shall be prepared in conformity with the samples given in Annex-4, Annex-5 and Annex-6.

(2) No other duties can be assigned for the work safety expert during the time period in which he/she performs his/her duties about work health and safety.

(3) In a case where the contracts given in Annex-4, Annex-5 and Annex-6 are terminated, this situation shall be notified to the General Directorate by the sides within three work days.

(4) Personnel changes in common health and safety units shall be notified to the General Directorate within 3 work days by filling the form in Annex-8.

Professional independence

ARTICLE 27 –

(1) Professional independence of the personnel working at workplace health and safety unit and common health and safety unit shall be preserved. In conformity with independent working principle, while the personnel of workplace health and safety unit and common health and safety unit are performing the rules of this Regulation, they can not be prevented from performing their work.

Employer allows this personnel reach the information about materials, products, substances and how the work is performed.

Confidentiality principle

ARTICLE 28 –

(1) Workplace health and safety unit and common health and safety unit personnel are responsible to keep technical and administrative information of the workplace and medical information belonging to workers confidential.

Cooperation principle

ARTICLE 29 –

(1) workplace health and safety unit or common health and safety unit personnel work in cooperation and coordination when performing duties and when implementing measures anticipated by work health and safety regulation.

(2) In addition, workplace health and safety unit and common health and safety unit make cooperation with the following:

a) employer,

b) all production units within the workplace or workers of other departments,

c) worker representative of work health and safety in the facility,

d) work safety and health board in workplaces where works counted as industrial type are conducted.

SECTION FIVE

Qualifications, Duties, Authorities, Responsibilities and Working Methods and Principles of Workplace Physicians

Qualifications of workplace physicians

ARTICLE 30 –

(1) The physicians who will be assigned as workplace physicians have to participate in workplace physician education programs that are organized by education institutions and to be successful in the exam that will be organized by the General Directorate at the end of education program.

Working periods of workplace physicians

ARTICLE 31 –

(1) Workplace physicians work for the time periods given below in order to perform their duties mentioned in this Regulation:

a) For workplaces that are classified as minimal dangerous; at least 12 hours a month for health monitoring and in addition, at least 30 minutes per year for each 10 workers for their initial employment and periodic examinations and education.

b) For workplaces that are classified as dangerous; at least 24 hours a month for health monitoring and in addition, at least 60 minutes per year for each 10 workers for their initial employment and periodic examinations and education.

c) For workplaces that are classified as very dangerous; at least 36 hours a month for health monitoring and in addition, at least 90 minutes per year for each 10 workers for their initial employment and periodic examinations and education.

(2) For workplaces that are classified as minimal dangerous and employ more than 1000 workers (including 1000) in the workplace, a workplace physician who will work full time and adequate number of workplace physicians that fit to the criteria mentioned in paragraph one shall be employed.

(3) For workplaces that are classified as dangerous and employ more than 750 workers (including 750) in the workplace, a workplace physician who will work full time and adequate number of workplace physicians that fit to the criteria mentioned in paragraph one shall be employed.

(4) For workplaces that are classified as very dangerous and employ more than 500 workers (including 500) in the workplace, a workplace physician who will work full time and adequate number of workplace physicians that fit to the criteria mentioned in paragraph one shall be employed.

Duties of workplace physicians

ARTICLE 32 –

(1) Within the scope of work health services, workplace physicians are responsible to perform the following duties:

a) In relation with the work, performing health monitoring of the workers including night shift workers,

b) Defining and evaluating the risks that are harmful for health in the workplace,

c) In case of exposure to more than one substance or factor at the same time, evaluating health hazards that might arise within the scope of health and safety at work regulation,

d) Performing health examination of workers when they first start job and preparing health reports stating that they are suitable for work,

e) Depending on the nature of the work done, performing periodic health examination of workers during the continuance of the work in time intervals as expressed in the work health and safety regulations,

f) Performing initial job starting and periodic examination of workers in accordance with the sample given in Annex-7,

g) Performing initial job starting and periodic examination of workers who work in heavy and dangerous works as expressed in Heavy and Dangerous Works Regulation that is published in the Official Gazzette numbered 25493, dated 15/6/2004, in accordance with the sample named Initial Employment/Periodic Examination Form for Workers Working at Heavy and Dangerous Works that is given in Annex-2 of the same regulation,

h) Determining if there is a relationship between not coming to work due to health reasons and health hazards that might exist in the workplace,

i) Performing returning back to work examination for suspensions from work for a period of more than three weeks due to health reasons or for suspension from work due to professional illnesses, job accidents or frequently repeated suspensions from work,

j) Stating the works to be performed and working conditions for initial job placements or job changes of workers in the report that is prepared after the health examination made in order to determine the suitability of the workers for the job, and notifying the employer and worker in written form about the report results,

k) When the placement of a worker to his/her current job is found objectionable due to an illness, accident or after a periodic examination, advising a new job for that worker suitable for his/her health condition,

l) Performing health examinations and preparing reports for the employment of handicapped and previously sentenced persons, for the re-start to work of workers who could not work temporarily or permanently due to a job accident in the workplace or illness and help them for placement to a suitable job and help them adjusting their works,

m) Keeping close eye and protection on workers having special conditions such as pregnant and breast-feeding women, workers under the age of 18, mothers having children under the age of 2, workers having professional illness diagnosis or suspicion, workers having chronic illnesses, old and handicapped workers, workers having alcohol and drag addiction and workers who had more than one job accidents; giving special care for informing these workers and special consideration for risk assessment evaluations,

n) Having necessary laboratory analysis, radiological inspections and examinations done,

o) Having contagious diseases under control; making prevention and vaccination works for them and having porter examinations done,

p) Continuously monitoring and auditing general hygiene conditions of the workplace and giving advises about arrangement of all units in the workplace in a manner to protect and develop the health of workers, providing food to workers in a healthy environment and in a quality that will meet the calorie amount required by the work done, providing drinking water to workers, keeping dressing rooms, showers and bathrooms in a clean and well kept manner and providing and sustaining general cleaning equipment, providing healthy dormitories, if there are any, and in addition to these advises, following up their implementation,

r) Checking health conditions of children care and baby nurseries and breast-feeding rooms in the workplace, if they exists, giving advises about providing these places in conformity with healthy conditions and follow up their implementation,

s) Advising to give suitable works to each worker in the workplace,

t) Follow up and check the workers, who were diagnosed with or under the suspicion of professional illness and who had job accident and cooperate with the hospitals authorized in the diagnosis of professional illnesses,

u) Working in cooperation with the related units in the workplace about rehabilitation of workers, who had job accidents or have professional illness,

v) Performing inspections with certain intervals for the purpose of determination of the current situation and problems about health and safety at work, development of effective methods for the solution of these problems and evaluation of priorities and results,

y) Having measurements done when necessary about monitoring of working environment and evaluate the results taken in terms of health of the workers,

z) Participating in the work health and safety board, if exists, in the workplace and providing necessary explanations about working environment and health monitoring of workers, providing consultancy and follow up the implementation of verdicts taken in the board,

aa) Notification the workers and their representatives about the use of data obtained at the end of all kinds of health monitoring activities to be performed and taking their consent,

bb) Informing the workers adequately and suitably about health hazards related to their jobs, the results of health examinations performed and the evaluation of these results,

cc) Giving advises to provide resting opportunity enriched with educative, cultural and sportive activities for the purpose of allowing the workers to spend their time in an effective and productive manner,

dd) Organizing first aid and urgent intervention services in the workplace and conduct works for providing education to the related personnel,

ee) For the purpose of providing harmony between the work and worker; performing inspections and investigations for adjusting the work methods to the physical and mental capacities of the workers, and the possibility of the health of workers to be negatively effected by the works and processes done by the workers and various stress factors in the workplace,

ff) Participating in the analysis of job accidents and professional illnesses, performing inspections about workers who work in the environment where workers are diagnosed or under the suspicion of professional illness,

gg) Participating in development of programs towards improvement of job applications such as evaluation and testing of new equipment in terms of health,

hh) Preparing yearly working plan in cooperation with work safety expert, if exists,

ii) Recording works related to health monitoring in the workplace and preparing they yearly evaluation report, in cooperation with work safety expert, if exists, in accordance with the sample given in Annex-3,

jj) Making cooperation with the related sides for providing information and education in the fields of work health, hygiene and ergonomics,

kk) Providing advises about work health, hygiene and ergonomics, personal protective equipment and collective protection methods,

ll) Providing education to workplace managers, to members of work safety and health board, to workers and their representatives about general health subjects and providing continuity of this education activities,

mm) Providing education to workers about the dangers of using addictive substances, especially tobacco and tobacco products,

nn) Keeping necessary records of the aforementioned duties.

Authorities of workplace physicians

ARTICLE 33 –

(1) The workplace physician;

a) can not be in any way hindered by the employer from performing the liabilities of this Regulation in accordance with the independent working principle, he/she can not be obstructed from performing his/her duties;

b) performs his/her works within a complete professional independence and in conformity with the medical deontology principles;

c) informs the upper management immediately to temporarily stop the work when he/she determines a matter that creates a close danger in relation with the life of people working in the workplace;

d) advises for the assignment of any worker, who works in a job that is not suitable for his/her health, to a suitable work in the workplace;

e) makes advises about work health during planning of production technologies,

f) performs inspections and analysis about work health, as required by his/her job, in all departments of the workplace and meets with workers,

g) makes cooperation, when necessary, with corporate and institutions that are related with the subject.

Liabilities of workplace physicians

ARTICLE 34 –

(1) Workplace physicians are responsible, when performing their duties explained in this Regulation, not to hinder the normal flow of the work as much as possible and to contribute providing a productive working environment in the workplace, and to keep secrecy of confidential information about profession as well as economical and commercial situation of the employer and workplace and information in the personal health files of workers.

SECTION SIX

Qualifications, Duties, Authorities and Responsibilities and Working Methods and Principles of Work Safety Experts

Qualifications of work safety experts

ARTICLE 35 –

(1) Engineers or technical personnel who will be assigned as work safety experts have to participate in work safety expertise education programs that are organized by education institutions and to be successful in the exam that will be organized by the General Directorate at the end of education program.

Working periods of work safety experts

ARTICLE 36 –

(1) The work safety experts;

a) if they have (A) class certificate, they can work in all danger group workplaces,

b) if they have (B) class certificate, they can work in less dangerous or dangerous group workplaces,

c) if they have (C) class certificate, they can work in less dangerous group workplaces,

(2) In a case where more than one work safety expert is assigned in the workplace, at least one of them has to satisfy the conditions expressed in paragraph 1,

(3) Work safety experts perform work in the periods explained below for conducting the duties expressed in this Regulation:

a) In workplaces included in the less dangerous group; at least 12 hours per month, plus at least 5 minutes per month for each worker;

b) In workplaces included in the dangerous group; at least 24 hours per month, plus at least 5 minutes per month for each worker;

c) In workplaces included in the very dangerous group; at least 36 hours per month, plus at least 10 minutes per month for each worker.

(4) For workplaces that are classified as less dangerous and that employ more than 1000 workers (including 1000) in the workplace, a work safety expert who will work full time and adequate number of work safety experts that fit to the criteria mentioned in paragraph three shall be employed.

(5) For workplaces that are classified as dangerous and that employ more than 750 workers (including 750) in the workplace, a work safety expert who will work full time and adequate number of work safety experts that fit to the criteria mentioned in paragraph three shall be employed.

(6) For workplaces that are classified as very dangerous and that employ more than 500 workers (including 500) in the workplace, a work safety expert who will work full time and adequate number of work safety experts that fit to the criteria mentioned in paragraph three shall be employed.

Duties of work safety experts

ARTICLE 37 –

(1) Work safety experts are responsible to perform the following duties:

a) Performing health monitoring of the working environment at the workplace including night shifts,

b) Giving advises to employer to make sure that the works performed in the workplace are in conformity with the work health and safety regulations and general work principles,

c) Planning necessary works by also taking the opinion of workers or their representatives for taking risks under control, performing risk analysis and risk assessments for determination of dangers in the workplace, for eliminating dangers by giving priority to measures towards eliminating the dangers at its source and making sure that measurements, analysis and controls are conducted; giving proposals to employer about health and safety measures that will be taken and following up their implementation,

d) Planning periodic maintenance, control and measurements that have to be done in the workplace for safety and health of the workers and following up their implementation,

e) Making sure that emergency situation plan is prepared for situations that require urgent intervention such as accident, fire and natural disasters in the workplace and following up their implementation,

f) Planning necessary works for prevention of fires and explosions and following up their implementation; determining the measures to be taken in case of fire or explosion,

g) Participating in work health and safety board and making explanations about monitoring of working environment, providing consultancy and monitoring the implementation of verdicts taken in the board,

h) In cooperation with the workplace physician, making evaluations about job accidents and professional illnesses that might occur in the workplace, preparing necessary preventive activity plans and following up their implementation,

i) Making corrective activity plans after inspection and analysis for making sure that job accidents, professional illnesses or any other dangerous incidents that occurred in the workplace will not happen again in the future and following up their implementation,

j) Giving advises about planning and organization of the work including design of the workplace, situation, selection and maintenance of machines and other apparatus and substances that are used during working,

k) Making inspection and research in cases when a new department or system will be established in the workplace or when a new machine, counter or apparatus will be purchased and giving advices to the employer to help him/her to make correct selection in terms of health and safety.

l) Giving advices to employer about selection, procurement, usage, maintenance, preservation and testing of personal protective equipment,

m) Planning and implementing health and safety at work education activities in accordance with the related regulation provisions,

n) Preparation of yearly working plan by cooperation with workplace physician,

o) Recording works related to monitoring the workplace environment and preparing the yearly evaluation report, in cooperation with workplace physician in accordance with the sample given in Annex-3,

p) Evaluating the dangers that might arise due to existence of more than one substance or factor in the workplace at the same time in accordance with the health and safety at work regulations,

q) Keeping necessary records of the aforementioned duties.

Authorities of work safety experts

ARTICLE 38 –

(1) Work safety expert;

a) can not be in any way hindered by the employer from performing the liabilities of this Regulation in accordance with the independent working principle, he/she can not be obstructed from performing his/her duties;

b) informs the upper management immediately to temporarily stop the work when he/she determines a matter that creates a close danger in relation with the life of people working in the workplace;

c) participates in decision taking process during production planning;

d) performs inspections and analysis about work health and safety, as required by his/her job, in all departments of the workplace and meets with workers,

g) makes cooperation, when necessary, with corporate and institutions that are related with the subject.

Liabilities of work safety experts

ARTICLE 39 –

(1) Work safety experts are responsible, when performing their duties explained in this Regulation, not to hinder the normal flow of the work as much as possible and to contribute providing a productive working environment in the workplace, and to keep secrecy of confidential information about profession as well as economical and commercial situation of the employer and workplace.

SECTION SEVEN

Education and Exams of Workplace Physicians and Work Safety Experts

Arrangement of education activities

ARTICLE 40 –

(1) Education activities of workplace physicians and work safety experts are arranged by corporate and institutions, universities that have providing workplace physician and work safety expertise education authority in their foundation laws and public corporate and institutions, professional institutions in nature of public institution or private law juridical persons that are authorized by the General Directorate.

Application procedures of education institutions

ARTICLE 41 –

(1) Education institutions make a written application to the General Directorate including the information and documents explained below:

a) Application statement that includes the title, owner or owners, activity address and communication information for the education institution that makes a request for authorization certificate,

b) For commercial companies, certified sample of Trade Registry Gazzette,

c) For charitable foundations and societies, certified sample of bill or constitution,

d) Certified samples of workplace physician or work safety expert certificates of founder or at least one of the founding partners of common health and safety unit,

e) If the activity address is a rental place, certified sample of rent contract which is valid for at least a period of five years,

f) Certified sample of land registry if the activity address belongs to education institution or one of the founders,

g) If the activity address is a beneficial ownership, the certificate that will be taken from the related land register directorate,

h) 1/200 scale plan including all sections of the activity area of the place,

i) If the education institution will perform its activities in separate sections of a main real estate that is registered in the land registry as a residential building, certified sample of the unanimously taken approval verdict of condominium owners stating that the education institution is allowed to perform activities there,

j) The certificate given by competent authority confirming that necessary measures against fire are taken in conformity with the related regulation.

(2) For universities, education and research hospitals and public corporate and institutions, only the documents expressed in paragraphs (a), (h) and (j) of article 1 are requested.

(3) In conformity with article 1, if a copy of the original documents requested from education institutions is brought, the copy shall be certified by the General Directorate.

Authorization of education institutions

ARTICLE 42 –

(1) Application file prepared by education institutions shall be inspected by the General Directorate and if there is any missing document or information, it shall be notified in writing to the related persons. If it is found appropriate, after the inspections performed, the General Directorate prepares workplace physicians and work safety experts educating institution authority certificate, in conformity with the sample given in Annex-10, exclusively for the address expressed in the application file, to the education institutions stated in article 40. If another branch office is opened in another address, authority certificate is prepared for also the branch office under the same principles and methods provided that all conditions expressed in the Regulation are satisfied.