CONSTRUTION SAFETY AND

ENGINEERING ETHICS
Chapter 2: Legal Framework

Dr. zgr KYLOLU

Yeditepe University, Faculty of Engineering
Civil Engineering Department, Room: A-202A
E-mail: ozgur.koyluoglu@gmail.com

Turkish Occupational Health and

Safety Law
Law No: 6331, Date of Enactment: 20/06/2012
Motivations for this Law:
Directives of European Union (Directive No 89/391)
ILO Agreements No. 155 and 161

Scope: All employee and all work spaces excluding; TSK (army), public
security, disaster response teams, home services, self employed
individuals working alone. (No exemption for public services except
public security)

Regulations can be obtained at:

http://www.csgb.gov.tr/csgbPortal/isggm.portal?page=mevzuat&id= 3

Previous Occupational Health and

Safety Regulations
The Business Law #4857- Section 5- Occupational Health
and Safety

With enforcement of the Law# 6331, Section 5 of Law #4857

(Articles 77 thru 89, Articles 95, 105 and provisional article
#2) became INVALID

Responsibility of Owner & Owners

Representative
Employers Representative definition in Law#4857;
Those operating on behalf of the Employer and undertaking the
duties of management of the work, workplace and operation, are
named as Employers Representative.
Any kind of responsibility and duties defined in this Law (#4857)
for the Employer applies jointly to the Employers Representative.

Employers Representative definition in Law#6331;

Employers Representatives operating on behalf of the Employer,

undertaking duties of management of the work and workplace, are
regarded as Employer in applications of this Law (#6331).

Responsibility of Prime Employer

and Sub-Employer
In Law#4857;
Prime employer is mutually responsible with the
subcontractor, against the employee of the sub-contractor,
related to the workplace, for obligations arising from this Law
(#4857), or from the Employment Agreement or the Collective
Bargaining Agreement of the sub-contractor.

Definition of Workplaces
In Law#6331;
The places where physical or immaterial elements and the
employee are organized for the purpose of production of goods
or services and which is related with the production of goods or
services of the employer in terms of the qualifications and
places connected to the workplace under the same management
and organization including other addendums and equipments
such as break room, breastfeeding room, dining hall, dormitory,
bathroom, infirmary and maintenance, training rooms,
classrooms and courtyards.

Understanding the Possible

Responsibilities as a Civil Engineer
The Civil Engineers usually are taking the positions such as;

Project engineer
Project controller
Site Manager
Technical Manager (Fenni Mesul=Teknik Uygulama SorumlusuTUS)

Construction Inspector (Yap Denetim Grevlisi)

Health and Safety Specialist
Health and Safety Preparation Coordinator (Hazrlk Koordinatr)
Health and Safety Application Coordinator (Uygulama
Koordinatr)

Turkish Occupational Health and

Safety Law (#6331)
Principles of protection from risks (Article 5)

Avoiding risks
Evaluating the risks which cannot be avoided
Combating the risks at source
Adapting the work to the individual, as regards to design of work places,
choice of work equipment and the choice of work and production methods

Adapting to technical progress

Replacing the dangerous by the non- or less-dangerous
Developing an overall prevention policy which covers technology,
organization of work, working conditions, social relationships and
working environment

Giving collective measures priority over individual protective measures

Turkish Occupational Health and

Safety Law)
Risk Classifications of types of work:
Very Hazardeous (Class A workspaces)
Hazardeous (Class B workspaces)
Less Dangerous (Class C workspaces)

Risk levels of work classes are published in the notification

issued by the ministry

Code of risk level for a particular work is also reflected in

the SGK (Social Security) Registry Number (NACE code).
Sample SGK Registry No: 4 4312 0101 1114015 041 07 79 000

Occupational Safety Specialist &

Occupational Physician
Requirements
All workspaces, regardless of number of employee, having
hazard risk, has to employ occupational safety specialists and
occupational physicians, according to the law.

Employment of the safety specialist and occupational

physicans can be on part-time basis, full time basis, the
employer may have the qualifications, or services can be
obtained from a company providing these services.

If requirement dictates full time employment of occupational

physician and safety specialist, a separate Occupational
Health and Safety Department has to be founded.

Minimum Requirements for

Services
Occupational Safety Specialist (SG Uzman)
For less than 10 employees in less dangerous classified workplace
minimum 60 minutes/employee/year. Otherwise;
For less dangeorus workplace min. 10 minutes/employee/month
For hazardeous workplace min. 15 minutes/employee/month
For very hazardorus workplace min. 20 minutes/employee/month
Occupational Physicians (yeri Hekimi)
For less dangeorus workplace min. 10 hours/month and 20
minutes/employee/year
For hazardeous workplace min. 15 hours/month and 25
minutes/employee/year
For very hazardorus workplace min. 20 hours/month and 30
minutes/employee/year

Turkish Occupational Health and

Safety Law
Workplaces classified as very hazardous and hazardous and
having less than 10 employee will be subsidized by the
government (Article 7).

Turkish Occupational Health and

Safety Law
Health Surveillance is required at the
pre-assignment phase
Job change after the assignment,
In case of return to work following repetitive absence from
work due to occupational accidents, occupational diseases or
health problems upon request,
At regular intervals recommended by the Ministry in the course
of employment taking into account the workers, the nature of
work and hazard class of the enterprise
(Article 15).

Turkish Occupational Health and

Safety Law
The employer shall set up an occupational health and safety
committee where a minimum of fifty employees are
employed and permanent work is performed for more than
six months.
Employers are under the obligation
to enforce the decisions of the occupational health and safety
committees
To coordinate other employers within the same workplace
To send an authorized representative to the committee set up by
the sub-contractor or to get an authorised representative in her
own committee from the sub-contractor

(Article 22).

National Council
National Occupational Health and Safety Council will act as
a counsultative body for national policies and strategies.

The council will have regular meetings twice a year.

Council will be formed from Occupational Health and Safety
General Manager of the Ministry, General Manager of the
Labor, Head of the Labor Inspection Board, General
Managers from Ministries of Science, Industry and
Technology; Environment and Urban Planning; Energy and
Natural Resources; Food, Agriculture and Livestock;
Development; Education; Health and representatives from
employers and employee.

Turkish Occupational Health and

Safety Law
The employer will prepare emergency plans,
Designate a rescue team of adequate number of people
sufficiently equipped in prevention, protection, evacuation,
fire fighting, first aid and other related issues,

Arrange any necessary contacts with external services, as

regards to first aid, emergency medical care, rescue work and
fire-fighting.
(Article 11).

Obligations of the Employer

The employer is responsible from the occupational health and safety of
his/her employees.

Carrying out Risk Analysis,

Preparing Emergency Plans,
Organizing Trainings on Occupational Health and Safety
Taking Measures on Site
Providing Necessary Equipments and Tools
Preparing Procedures and Directives for Health and Safety
Facilitating Feedback and Contribution of Employees
Auditing on site for compliance to the safety measures and taking
corrective measures.

Obligations of the Employer

Firefighting Plans
First Aid and Evacuation Plans
Health Surveillance
Controlling suitability of the employee for the assignment
Taking measures for 3rd parties who are not authorised to
enter the site.

Non-Transferability of the
Obligations
Providing services from the specialty companies or
professionals does not waive responsibilities of the employer

Responsibilities of the employee does not waive the

responsibility of the employer

The employer shall not imburse the costs of the occupational

health and safety on the employee.

Obligations of the Employee

The

employee,
having
the
knowledge they obtained from the
trainings,
shall
follow
the
instructions of the employer and
shall not put himself/herself and
other employee in danger.

The

employee shall use the

machinery,
equipment,
tools,
dangerous substances, loaders and
other production machinery in
accordance with the instructions,
shall use their safety equipment
properly and will not change or
dispose these without instructions.

Obligations of the Employee

The employee shall use the protective equipments provided
to them properly and will protect them from damage.

When faced with an immediate danger regarding health and

safety, or when faced with an inadequate protection measure,
the employee shall inform the employer or his/her
representative in writing.

The employee shall

cooperate with the
employer or his
representative for
provisions of
occupational health
and safety.

Rights of Employee
The employee has the right to stop
working when faced with a serious
and close danger and apply to the
council or the employer if council
does not exist for assessment of the
situation and ask for safety
precautions (article 13).

All decisions and determinations

should be on written documentation
and should be signed by both sides.

Incompliance Penalties - Employer

Failure to carry out risk analysis --- 3000 TL (for
continued incompliance 4500 TL/month)

Failure to prepare emergency plans, firefighting, first aid,

evacuation plans for emergency/prevention --- 1000 TL for
each failure (for continued incompliance 1000 TL/month)

Penalty to the employer for failure to facilitate

occupational health and safety, for failure to provide safety
equipments, for failure to provide trainings, for failure to
disseminate information, for failure to satisfy the
obligations --- 2000 TL for each failure.

Inspection of the Workplaces

The Ministry Auditors can carry out inspections on the
workplace (Article 24).

For inspection principles Law #4857 articles 92, 93, 96, 97

and 107 are referred.

Inspection of the Workplaces

If a dangerous occurance is noticed, the works can be
suspended.

An inspection team of 3 auditors investigate the situation

and may decide to suspend the works within 2 days after
the investigation.

Upon employers notification of the

Ministry for correction of the
situation, the inspectors revisit the
workplace within 7 days to waive
the suspension.

Incompliance Penalties - Employee

Layoff (Law No. 4857; 25-II: verenin Hakl Nedenle
Derhal Fesih Hakk)
) inin kendi istei veya savsamas yznden iin
gvenliini tehlikeye drmesi, iyerinin mal olan veya
mal olmayp da eli altnda bulunan makineleri, tesisat veya
baka eya ve maddeleri otuz gnlk cretinin tutaryla
deyemeyecek derecede hasara ve kayba uratmas. .
nedeniyle usulne uygun olarak (yazl olarak 2 kez uyardan

sonra),
inin i szlemesini bir tazminat demeksizin feshedebilir.

Accident Penalties
If an accident results in death or disablement of an
employee as attributable to failure of the occupational
safety specialist or occupational physician, their licence
will be suspended.

Documentations
The

employer shall keep

records for all work accidents
and
occupational
health
hazards, shall carry out
investigations and prepare
reports for all cases including
those which are prevented with
a last minute involvement.

Documentations
The employer shall notify
the
Social
Security
Institution (SGK) within
3 days
upon an accident
upon being informed by
the
health
services
provider or occupational
physician
about
a
occupational
health
problem

Documentations
Ministry of Labor and Social Security is authorized to collect
any kind of documents and information on an electronic
platform, to keep records and to make approvals, to authorize
or to give certificates on these platforms.

Awareness
Turkish Radio-TV Institution and private national, regional
and local media shall broadcast minimum 60 minutes per
month; providing warnings and education on
occupational health and safety,
prevention of unregistered employment,
social security,
employer-employee interaction..

Employee Representative
An employee representative will be elected by the employers
or will be appointed for the purpose of making proposals,
asking for preventive measures and coordination between the
employee and the employer for all workplaces.
For 1-50 employee 1 representative
For 51-100 employee 2 representatives
For 101-500 employee 3 representatives
For 501-1000 employee 4 representatives
For 1001-2000 employee 5 representatives

Service Providers
Licenced Common Health Safety Units (Ortak Salk
Gvenlik Birimleri OSGB)

Licencing
Licence for Class A, B or C can be obtained after
trainings from authorized institutions and passing the
exam implemented by the SYM.

Licence is given by the Ministry of Labor and Social

Security.

Regulations Issued by the Ministry

1. Regulations for the Health and Safety Precautions for
Working with Asbestos (Asbestle almalarda Salk ve
Gvenlik nlemleri Hakknda Ynetmelik) 01/2013
2.
3.
4.
5.
6.

Asker yerleri ile Yurt Gvenlii iin Gerekli Maddeler retilen

yerlerinin Denetimi, Teftii ve Bu yerlerinde in Durdurulmas
Hakknda Ynetmelik
Balk Gemilerinde Yaplan almalarda
Salk ve Gvenlik nlemleri Hakknda Ynetmelik
Biyolojik Etkenlere Maruziyet Risklerinin
nlenmesi Hakknda Ynetmelik
Byk Endstriyel Kazalarn nlenmesi ve
Etkilerinin Azaltlmas Hakknda Ynetmelik
Ekranl Aralarla almalarda Salk ve Gvenlik nlemleri
Hakknda Ynetmelik

7. Manual Handling Regulations

Elle Tama leri Ynetmelii 07/2013

Regulations Issued by the Ministry

8. Gebe veya Emziren Kadnlarn altrlma artlaryla
Emzirme Odalar ve ocuk Bakm Yurtlarna Dair
Ynetmelik
9. Gemi Adamlarnn kamet Yerleri, Salk ve aelerine
Dair Ynetmelik
10. Regulations for Health and Safety in Temporary or
Predefined-Term Works Geici veya Belirli Sreli lerde
Sal ve Gvenlii Hakknda Ynetmelik 08/2013

11. Regulations for Nightshift Working Conditions for

Women Employee Kadn alanlarn Gece Postalarnda
altrlma Koullar Hakknda Ynetmelik 07/2013

12. Regulations for the Health and Safety

Precautions in Working with Carcinogen
or Mutagenous Substances Kanserojen
veya Mutajen Maddelerle almalarda
Salk ve Gvenlik nlemleri Hakknda
Ynetmelik 08/2013

Regulations Issued by the Ministry

13. Regulations for Health and Safety Precautions in Working

with Chemical Substances (Kimyasal Maddelerle almalarda
Salk ve Gvenlik nlemleri Hakknda Ynetmelik) 08/2013

14. Regulations for the Use of Personal Protective Equipment

in Workplaces (Kiisel Koruyucu Donanmlarn yerlerinde
Kullanlmas Hakknda Ynetmelik) 07/2013
15. Maden yerlerinde Sal ve Gvenlii Ynetmelii
16. Salk Kurallar Bakmndan Gnde Azami Yedi Buuk Saat veya
Daha Az allmas Gereken ler Hakknda Ynetmelik

17. Health Safety Signage Regulations (Salk ve Gvenlik

aretleri Ynetmelii) 09/2013

Regulations Issued by the Ministry

18. Regulations to Establish Occupational Training of
Employee who will Work in Hazardous and VeryHazardous Workplaces) Tehlikeli ve ok Tehlikeli Snfta
Yer Alan lerde altrlacaklarn Mesleki Eitimlerine Dair
Ynetmelik 07/2013
19. Dust Fighting Regulation Tozla Mcadele Ynetmelii
20. National Occupational Health and Safety Council
Regulation (Ulusal Sal ve Gvenlii Konseyi Ynetmelii)

21. Occupational Health and Safety in Construction Works

(Yap lerinde Sal ve Gvenlii Ynetmelii)

22. Regulation for Protection of Employee from the Noise

Related Risks (alanlarn Grlt ile lgili Risklerden
Korunmalarna Dair Ynetmelik)

23. Regulation for Protection of Employee from Dangers

of Explosive Environments (alanlarn Patlayc Ortamlarn
Tehlikelerinden Korunmas Hakknda Ynetmelik)

Regulations Issued by the Ministry

24. Regulation for Protection of Employee
from Vibration Related Risks (alanlarn
Titreimle lgili Risklerden Korunmalarna Dair
Ynetmelik)

25. Regulations for Methods and Principles of

Occupational Health and Safety Education of
the Employee (alanlarn Sal ve Gvenlii
Eitimlerinin Usul ve Esaslar Hakknda Ynetmelik)

26. Regulations for Methods and Principles for

Employment of Child and Young Workers
(ocuk ve Gen ilerin altrlma Usul ve Esaslar
Hakknda Ynetmelik)

27. Regulations for Occupational Health and

Safety Requirements in Work Equipment Use
( Ekipmanlarnn Kullanmnda Salk ve Gvenlik
artlar Ynetmelii)

Regulations Issued by the Ministry

28. Regulation for Occupational Safety
Specialists Duty, Authority and
Responsibility Education ( Gvenlii
Uzmanlarnn Grev, Yetki ve Sorumluluk ve
Eitimleri Hakknda Ynetmelik)
29. Hijyeni lm, Test ve Analizi Yapan
Laboratuvarlar Hakknda Ynetmelik)

30. Occupational Health and Safety Services

Regulation ( Sal ve Gvenlii Hizmetleri
Ynetmelii)

31. Regulation for Incentive Provision for

Occupational Health and Safety Services (
Sal ve Gvenlii Hizmetlerinin Desteklenmesi
Hakknda Ynetmelik)

Regulations Issued by the Ministry

32. Regulation for Occupational Health and Safety Boards (
Sal ve Gvenlii Kurullar Hakknda Ynetmelik

33. Regulation for Occupational Health and Safety Risk

Assesment ( Sal ve Gvenlii Risk Deerlendirmesi Ynetmelii)
34. Regulation for Occupational Health and Safety Precautions
Required in Workplace Building and Additional Premises
(yeri Bina ve Eklentilerinde Alnacak Salk ve Gvenlik nlemlerine
likin Ynetmelik)

Regulations Issued by the Ministry

35. Regulation for Education of Occupational
Physicians and Other Healthcare Employee
on Duty, Authority and Responsibility (yeri
Hekimi ve Dier Salk Personelinin Grev, Yetki,
Sorumluluk ve Eitimleri Hakknda Ynetmelik)

36. Emergency Cases in Workplaces Regulation

(yerlerinde Acil Durumlar Hakknda Ynetmelik)

37. Regulation About Suspension of Works in

Workplaces (yerlerinde in Durdurulmasna Dair
Ynetmelik)

Occupational Health and Safety In

Other Countries
USA- The Occupational Health and Safety Act
(1970)
USA - ANSI Safety Standards
UK- Health and Safety at Work etc. Act 1974
EU Article 153 of the Treaty on the Functioning
of the European Union
EU Strategic Framework on Safety and Health at
Work 2014-2020

Occupational Health and Safety In

Other Countries
EU Directives:
The OHS Framework Directive
Workplaces, equipments, signs, personal
protective equipment
Exposure to chemical agent and chemical
safety
Exposure to phyisical hazard
Exposure to biological agents
Provisions on workload, ergonomic and
psychosocial risks
Sector specific and worker related provisions

Case Study #1[3]

Incident: Worker fell from height while dismantling
scaffold.
Casualty: 1 Fatality
Details: Worker fell 33 m while dismantling the
external safety scaffold.

Case Study #1[3]

Details: The worker used a nylon
rope with pulley, attached to the
internal frames of the scaffold, to
lower dismantled scaffold
components to the ground floor.
In the process, the scaffold frame
swung out and the worker fell out.

Case Study #1[3]

Investigation findings:
1. No lifeline or anchorage
for worker to hook on
safety harness;
A Permit to Work (PTW)
system was in place but
none of the organizational
layers (scaffold supervisor,
safety assessor, safety
personnel & Project
Manager) verified that the
systems were in place
No inspection to verify the
conditions

Case Study #1[3]

Investigation findings:
2. Unsafe method of work;
Using the scaffold as anchor for pulley system,
Removal of the tie-back of the scaffold prior to
installing the pulley system

Case Study #1[3]

Legal Consequences:
Owner sentenced $60,000
Failure to put in such measures to ensure that the workplace was
safe and without risks to the safety and heath of every person
within the workplace

Project Manager sentenced $6,000

Failure to exercise all due diligence when performing his function
in relation to the issuance of a PTW

Safety Assessor sentenced $6,000

Failure to exercise all due diligence when performming his
functions in relation to the evaluation and endorsement of an
application for a PWT

Scaffold Supervisors sentenced $1,000 each

Failure to ensure that the scaffold workers were provided with
lifelines to protect themselves from falling from height

Case Study #2[3]

Incident: Worker hit by pile
Casualty: 1 Fatality
Details: Worker got hit by a pile while it was dragged
along the site. Piles were to be pulled closer to the
pile rig, so as to be
driven into the ground.
The piles were about
17 m away from the rig.

Case Study #2[3]

Investigation findings:
1. Method of work was
unsafe. Although it was
identified in the Risk
Assesment that piles
should be placed near to
rig and that no one should
be near during the pulling
process.

Case Study #2[3]

Investigation findings:
1. Lack of safety supervision and control of works at
site;
No PM or safety personnel was appointed for the site
PTW system for piling works was not implemented

Case Study #2[3]

Legal Consequences:
Owner sentenced $30,000
Failure to
Appoint a Project Manager at site
Appoint a Safety Coordinator at site
Implement a PTW system for high risk works at
site
Employer sentenced $60,000
Failure to ensure that necessary measures were in
place to ensure the safety of his employees at work

Case Study #3[4]

Incident: Worker falls from height on 28/12/2007
Casualty: 1 Fatality
Prosecution: The employer is prosecuted for acting
against the safety rules and the victims family
demands 6,000 TL material and 50,000 TL moral
damages for the victims mother; 15,000 TL moral
damages for each of the brothers/sisters totalling
176,000 TL.

Case Study #3[4]

Details of Accident: Wooden blocks being carried
from 5th floor to the ground using an elevator; one of
the blocks hits the victim pushing him down to the
ground.
Investigation report:
Investigation findings indicate 65% responsibility to
the employer and 35% to the victim employee.
Sentence:
Material damages refused since the mother already
receiving income for death of her husband;
Moral damages accepted as; 15,000 TL for the
mother and 3,000 TL fort the brothers/sisters

Assignment #1
Read the Health and Security Law 1 to find out the following
information:

1. Write the sequence of administrative actions after an

accident that should be performed by the Occupational
Safety Specialist and Occupational Physician

2. List the financial charges for incompliances to Law

No.6331.

3. Find a case where the construction professional is charged

with improsenment.
Due on February 19th , 2015.

References
1. http://www.csgb.gov.tr/csgbPortal/ShowProperty/WLP%20Rep
ository/isggm/dosyalar/
kt

2. http

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B0%C5%9F%20Sa%C4%9Fl%C4%B1%C4%9F%C4%B1%20ve
G%C3%BCvenli%C4%9Fi%20Kanunu%
20Sunum.ppt

3. Construction Safety: Accident Case Studies & Enforcement

Analysis, Eric Tan Kun Tien, 31 March 2011, Powerpoint
Presentation.

4. http://www.hukuki.net/showthread.php?73147-olumlu-isKazasinda-Tazminat

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1. http://ionsafety.ca/wp-content/uploads/2013/03/Medical-Office-Tra
ining-for-LargeOffice.jpg

2.
3.
4.
5.

http://www.vancouversun.com/cms/binary/8573193. jpg
http://www.safety4sea.com/images/home/20791_6515_1. jpg
http://www.machinemonitoring.co.uk/images/76.jpg
http://www.directsigns.co.uk/assets/images/Ds_product/281d8b08
-3552-472b-b351614e8037d55a.jpg

6. http://www.nms.on.ca/password%20stuff/In%20Case%20of%20In
jury%
20Poster.jpg

7. http://rtbu-nsw.asn.au/links/2653/Image/ SMFPg.jpg
8. http://www.safety.gatech.edu/organization/ehsOrganizationChart_f
iles/jpg_1.jpg