Occupational Health and Safety Risk Assessment Regulation

PART ONE

Purpose, Scope, Basis and Definitions

Purpose

ARTICLE 1 - (1) The purpose of this Regulation is to set out the procedures and principles for the risk assessment to be carried out at workplaces with regard to occupational health and safety.

Scope

ARTICLE 2 - (1) This Regulation covers the workplaces within the scope of the Occupational Health and Safety Law No. 6331 dated 20/6/2012.

Basis

ARTICLE 3 - (1) This Regulation has been prepared on the basis of Articles 10 and 30 of the Occupational Health and Safety Law.

Definitions

ARTICLE 4 - (1) In this Regulation;

Ministry: refers to the Ministry of Labour and Social Security,
Acceptable risk level: the risk level that complies with legal obligations and the workplace prevention policy and that will not cause loss or injury,
Law: the Occupational Health and Safety Law No. 6331 dated 20/6/2012,
Prevention: all measures planned and taken to eliminate or reduce risks related to occupational health and safety in all stages of the work carried out at the workplace,
Near miss event: an event occurring at the workplace that has the potential to harm an employee, the workplace or work equipment but does not cause harm,
Risk: the probability of loss, injury or other harmful consequence arising from a hazard,
Risk assessment: the work that needs to be carried out in order to identify the hazards existing at the workplace or that may come from outside, to analyse and grade the factors that turn these hazards into risks together with the risks arising from the hazards, and to decide on control measures,
Hazard: the potential to cause harm or damage that exists at the workplace or that may come from outside and that may affect the employee or the workplace.

PART TWO

Employer Obligation and Risk Assessment Team

Employer obligation

ARTICLE 5 - (1) The employer carries out or has carried out a risk assessment with regard to occupational health and safety, with the aim of ensuring, maintaining and improving the health and safety of the working environment and of the employees.

(2) The fact that a risk assessment has been carried out does not eliminate the employer's obligation to ensure occupational health and safety at the workplace.

(3) The employer provides the person or persons assigned to the risk assessment work with all kinds of information and documents they need in connection with the risk assessment.

Risk assessment team

ARTICLE 6 - (1) The risk assessment is carried out by a team formed by the employer. The risk assessment team consists of the following.

The employer or the employer's representative.
The occupational safety specialists and workplace physicians who carry out the health and safety service at the workplace.
The employee representatives at the workplace.
The support staff at the workplace.
Employees determined so as to represent all units at the workplace and who have knowledge of the work carried out at the workplace and of the existing or potential hazard sources and risks.

(2) When needed, the employer may obtain services from persons and organisations outside the workplace to support this team.

(3) The coordination of the risk assessment work may also be ensured by the employer or by a person assigned from within the team by the employer.

(4) The employer meets all necessary needs such as tools, equipment, premises and time so that the person or persons assigned to the risk assessment work can carry out their duties, and may not restrict their rights and powers because of the performance of their duties.

(5) The person or persons assigned to the risk assessment work protect and keep confidential the information and documents provided by the employer.

PART THREE

Stages of Risk Assessment

Risk assessment

ARTICLE 7 - (1) Risk assessment is carried out for all workplaces, starting from the design or establishment stage, by following the stages of identifying hazards, determining and analysing risks, deciding on risk control measures, documentation, updating the work carried out and, where necessary, renewal.

(2) It is ensured that the employees participate in the process and that their opinions are obtained at every stage needed while the risk assessment work is being carried out.

Identification of hazards

ARTICLE 8 - (1) When identifying hazards, at least the information specified below is collected regarding the working environment, the employees and the workplace, as relevant.

The workplace building and its annexes.
The activities and the work and operations carried out at the workplace.
Production processes and techniques.
Work equipment.
The substances used.
Operations related to residues and wastes.
Organisation and hierarchical structure, duties, powers and responsibilities.
The experience and views of the employees.
Work permit documents to be obtained in accordance with the relevant legislation before starting work.
Characteristics of the employees such as training, age, gender and similar, together with health surveillance records.
The situation of groups requiring special policy, such as young, elderly, disabled, pregnant or breastfeeding employees, and the situation of female employees.
The inspection results of the workplace.
Occupational disease records.
Occupational accident records.
Records of events occurring at the workplace that, although they did not cause injury or death, led to damage to the workplace or work equipment.
Near miss event records.
Material safety data sheets.
The measurement results of the environmental and personal exposure level.
Previous risk assessment work, if any.
Emergency plans.
Documents that must be prepared at certain workplaces, such as the health and safety plan and the explosion protection document.

(2) While collecting information on hazards, occupational accidents and occupational diseases occurring at similar workplaces producing with the same production, methods and techniques may also be assessed.

(3) In the light of the collected information, taking into account the provisions in the legislation on occupational health and safety, the hazards arising from physical, chemical, biological, psychosocial, ergonomic and similar hazard sources present in the working environment, or that may arise as a result of their interaction, are determined and recorded. While making this determination, the following matters, those who will be affected by them and how they may be affected are taken into consideration.

Hazards that may arise due to the location of the establishment.
Hazards that may arise from the workplace building and its annexes not being placed in the selected area in accordance with the plan, or from additions not in the plan being made.
Hazards that may arise from the structure and construction style of the workplace building and its annexes and from the selected building materials.
Hazards that may arise during any activity to be carried out at the workplace, including maintenance and repair work, from factors such as working methods, shift arrangements, teamwork, organisation, the supervision system, the hierarchical order, visitors or other persons who are not workplace employees.
Hazards that may arise from the conduct of the work, production techniques, the substances used, machinery and equipment, tools and appliances, and from these not being designed or used in accordance with the physical characteristics of the employees.
Hazards that may arise from components of the electrical installation such as high current, lighting, lightning conductors and earthing, and from auxiliary installations and equipment such as heating, ventilation, protection from atmospheric and environmental conditions, drainage, treatment, fire prevention and firefighting equipment and similar.
Hazards that may arise from the processing, use, transport, storage or disposal of substances at the workplace that have the possibility of combustion, flaring or explosion.
Hazards that may arise from the hygiene conditions of the working environment and from the personal hygiene habits of the employees.
Hazards that may arise from the employee's use of the transport routes within the workplace.
Hazards that may arise from the employees not receiving sufficient training on occupational health and safety, not being informed, not being given appropriate instructions, or working without a work permit in cases where a work permit procedure is required.

(4) If no control, measurement, examination or research work has previously been carried out at the workplace regarding the hazards caused by the physical, chemical, biological, psychosocial, ergonomic and similar hazard sources present in the working environment, all necessary controls, measurements, examinations and research are carried out, to be used in the risk assessment work, in order to determine the nature and quantity of these hazards and the exposure levels of the employees to them.

Determination and analysis of risks

ARTICLE 9 - (1) Each of the identified hazards is considered separately and it is determined how frequently the risks that may arise from these hazards may occur and who, what, in what way and to what severity may be harmed by these risks. While making this determination, the effect of the existing control measures is also taken into consideration.

(2) The risks determined in the light of the collected information and data are analysed using one or more of the methods selected on the basis of factors such as the characteristics of the establishment's activity, the nature of the hazards or risks at the workplace and the constraints of the workplace, or on the basis of national or international standards, used singly or in combination.

(3) If there are sections at the workplace where different work is carried out, the matters in the first and second paragraphs are repeated for each section.

(4) If the analysis is carried out for separate sections, it is dealt with and concluded as a whole, also taking into account the interactions of the sections.

(5) The analysed risks are listed starting from the one with the highest risk level according to the magnitude of their effects and their importance, in order to decide on control measures, and are put in writing.

Risk control steps

ARTICLE 10 - (1) The following steps are applied in the control of risks.

Planning: A plan is made for the control of the risks that have been analysed and put in order according to the magnitude and importance of their effects.
Deciding on risk control measures: The following steps are applied to eliminate the risk completely or, if this is not possible, to reduce the risk to an acceptable level. Eliminating the hazard or the hazard sources. Replacing the hazardous with the non-hazardous or with the less hazardous. Combating risks at their source.
Implementation of risk control measures: Plans are prepared containing the work and operation steps of the decided measures, the person or workplace section to carry out the operation, the responsible person or workplace section, the start and end dates and similar information. These plans are put into practice by the employer.
Monitoring of the implementations: The implementation steps of the prepared plans are monitored and audited regularly, the failing aspects are identified and the necessary corrective and preventive operations are completed.

(2) When applying the risk control steps, it is ensured that collective protection measures are given priority over personal protection measures and that the measures to be applied do not cause new risks.

(3) After the control measures for the determined risk have been put into effect, the risk level is determined again. If the new level is above the acceptable risk level, the steps in this Article are repeated.

Documentation

ARTICLE 11 - (1) The risk assessment is documented so as to cover at least the following matters.

The title and address of the workplace and the name of the employer.
The names and titles of the persons who carried it out, and for those among them who are occupational safety specialists and workplace physicians, the information on the certificates issued by the Ministry.
The date on which it was carried out and the validity date.
If the risk assessment was carried out separately for different sections at the workplace, the name of each one.
The identified hazard sources and hazards.
The identified risks.
The method or methods used in the risk analysis.
The analysis results, including the order of importance and priority of the identified risks.
The corrective and preventive control measures, their implementation dates and the risk level determined afterwards.

(2) The pages of the risk assessment document are numbered; each page is initialled by the persons who carried it out, the last page is signed, and it is kept at the workplace.

(3) The risk assessment document may be prepared and archived in electronic and similar media.

Renewal of the risk assessment

ARTICLE 12 - (1) A risk assessment that has been carried out is renewed at least once every two, four and six years respectively at very hazardous, hazardous and less hazardous workplaces according to the hazard class.

(2) Taking into account that the new risks that may arise in the cases specified below affect all or part of the workplace, the risk assessment is renewed in whole or in part.

The workplace being moved or changes being made to the buildings.
Changes occurring in the technology applied at the workplace and in the substances and equipment used.
Changes occurring in the production method.
An occupational accident, occupational disease or near miss event occurring.
A change in legislation regarding the limit values of the working environment.
It being deemed necessary according to the working environment measurement and the health surveillance results.
A new hazard arising from outside the workplace that may affect the workplace.

PART FOUR

Miscellaneous and Final Provisions

Risk assessment at workplaces where a major accident prevention policy document or safety report must be prepared

ARTICLE 13 - (1) At workplaces where a major accident prevention policy document or safety report is prepared in accordance with Article 29 of the Law; the risks assessed in these documents and reports are used, taking them into account, in the risk assessment to be carried out in accordance with this Regulation.

Risk assessment work in the case of more than one employer

ARTICLE 14 - (1) If a single working area is shared by more than one employer, a separate risk assessment is carried out for the work performed, also taking into account the work performed by the other employers. The employers carry out the risk assessment work in coordination, and inform each other and the employee representatives about the identified risks.

(2) In places such as business centres, business plazas, industrial zones or estates where there is more than one workplace, the coordination of the risk assessment work carried out separately at the workplaces is conducted by the management. In conducting this coordination, the management warns the relevant employers to take the necessary measures regarding hazards that will affect other workplaces with regard to occupational health and safety. It reports to the Ministry the employers who do not comply with these warnings.

Risk assessment at workplaces where a main employer and subcontractor relationship exists

ARTICLE 15 - (1) If there are one or more subcontractors at a workplace:

Each subcontractor carries out or has carried out the necessary risk assessment work in connection with the work they perform, in accordance with the provisions of this Regulation.
The information and documents that the subcontractors need regarding the risk assessment work in connection with the areas of responsibility of the main employer are provided by the main employer.
The main employer audits the risk assessment work carried out by the subcontractors and coordinates the work on this matter.

(2) The subcontractors give a copy of the risk assessment they have prepared to the main employer. The main employer integrates this risk assessment work with its own work, monitors and audits whether the risk control measures are implemented, and ensures that nonconformities are eliminated.

Informing the employees

ARTICLE 16 - (1) The employees at the workplace, the employee representatives and the employees coming from other workplaces to work and their employers are informed about the health and safety risks that may be encountered at the workplace and about the corrective and preventive measures.

Risk assessment guides

ARTICLE 17 - (1) Risk assessment guides may be prepared in order to assist or guide employers with regard to their obligations related to risk assessment. The guides may be specific to a sector, occupation or the work performed, taking into account the number of employees at the workplace and the hazard class in which the workplace falls.

(2) Public institutions and organisations, professional organisations with the status of public institutions, worker and employer trade unions, civil servant trade unions and non-governmental organisations working for the public benefit may carry out guide work in the sector in which they operate. The drafts approved by the Ministry after being assessed for compliance with the provisions of this Regulation are published by the Ministry as risk assessment application guides specific to the sector, occupation or work performed.

Transitional provision

PROVISIONAL ARTICLE 1 - (1) In the risk assessment team to be formed in accordance with Article 6, the obligation to include those listed in subparagraph (b) of the first paragraph of the said Article is sought in accordance with the periods specified in Article 38 of the Law.

Entry into force

ARTICLE 18 - (1) This Regulation enters into force on 30/12/2012.

Enforcement

ARTICLE 19 - (1) The provisions of this Regulation are enforced by the Minister of Labour and Social Security.