İstanbul Aydın Üniversitesi Dergisi (Jan 2016)
Occupational Health and Safety Act of 6631 Announcement of the Public Sector Implementation and Current Liabilities
Abstract
With the law No. 6331 Occupational Health and Safety that is published in the Official Journal on 30.06.2012 and as of 30.12.2012 which entered into force, except exceptions specified in law and without distinction between the public or private sector including apprentices and trainees all employees are taken into scope, on the basis of Law No. 6331 and the European Union Council Directive numbered as 89/391/EEC a number of new regulations are organized and the new obligations are imposed on private businesses and public institutions.The number of fatal accidents at work and occupational accidents in Turkey is increasing every day. Occupational disease diagnoses are very limited.Effective date of 6th and 7th articles, including requirement of employing job security specialist and workplace doctor, has been postponed to the date 01.07.2016 due to Law No: 6495. However, other important provisions of the law entered into force on 30.12.2012. Many regulations have been published and implemented.It seems that the obligations are not fulfilled public institute and private sector having less than 50 employees and classified as less dangerous workplaces. It also seems that a perception has occured as if the law has postponed the date 07/01/2016; risk assessment is not done, emergency plan is not prepaired, occupational health and safety training is not given, health surveillance is not done, the employee representatives are not elected and education is not given and many requirements set by law and regulations are not met in most of the public institutions and organizations. If the managers of public institutions do not fulfill their obligations; they will be faced with administrative, civil and criminal sanctions. Public institutions must both fulfill these legal obligations and make preparations for the date 1.07.2016. In this study law the obligations imposed on public institutions, the results, and what to do in the current situation, subcontractor’s applications, the appointment of public safety specialists and occupational physicians, points such as the establishment of OHS unit will be evaluated.
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