Regulation on the Support of Occupational Health and Safety Services

PART ONE

Purpose, Scope, Legal Basis and Definitions

Purpose and scope

ARTICLE 1. (1) The purpose of this Regulation is to determine the procedures and principles of the support to be provided for the fulfilment of occupational health and safety services to workplaces in the hazardous and very hazardous class that have fewer than ten workers, excluding public institutions and organizations.

Legal basis

ARTICLE 2. (1) This Regulation has been prepared on the basis of Article 7 of the Occupational Health and Safety Law dated 20/6/2012 and numbered 6331.

Definitions and abbreviations

ARTICLE 3. (1) In this Regulation;

Directorate General: The Directorate General of Occupational Health and Safety,
Service provider: Persons, institutions or organizations authorized by the Directorate General to provide occupational health and safety services,
ISG-KATIP: The Occupational Health and Safety Registration, Tracking and Monitoring Program used for the purpose of the registration, tracking and monitoring by the Directorate General of the work and procedures related to occupational health and safety services,
Institution: The Social Security Institution.

PART TWO

Determination of the Workplaces Falling Within the Scope of Support and Application

Identification of the workplaces that will benefit from the support

ARTICLE 4. (1) In the identification of the workplaces that will benefit from the support, the workplace records registered by the Institution are taken as a basis.

(2) The employers of workplaces in the hazardous and very hazardous class that have fewer than ten workers throughout Turkey benefit from the support. The following conditions are sought in determining whether the number of workers is fewer than ten:

In the event that the same employer has more than one registered workplace throughout Turkey, the total number of insured persons employed by the same employer in workplaces in the hazardous and very hazardous class throughout Turkey within the scope of subparagraph (a) of the first paragraph of Article 4 of the Social Insurance and General Health Insurance Law dated 31/5/2006 and numbered 5510 is taken as a basis.
Insured persons employed by subcontractors who take work from the employer are included in the total number of workers.
Insured persons who, for various reasons, have no work within the month and are not paid wages are included in the total number of workers.
From the number of insured persons recorded in the original and supplementary monthly premium and service documents submitted to the Institution each month, the number of insured persons recorded in the cancellation-type monthly premium and service documents is deducted.
Insured persons who start work or leave work within the month are also included in the number of insured persons.
Apprentice candidates, apprentices and students receiving vocational training in enterprises specified in the Vocational Training Law dated 5/6/1986 and numbered 3308 are not taken into account in the determination of the number of workers.

(3) It is mandatory for the workplace to have a contract concluded with a service provider concerning the provision of approved and ongoing occupational health and safety services registered in ISG-KATIP.

PART THREE

Determination and Payment of Support Amounts and the Institutions and Organizations from Which the Service Will Be Obtained

Determination of occupational health and safety service fees

ARTICLE 5. (1) The occupational health and safety service fees to be provided to employers who have fewer than ten workers are determined separately for each workplace, taking as a basis the hazard class of the workplace, the number of insured persons reported to the Institution and the number of days the insured persons worked.

(2) The daily amount per insured person of the occupational health and safety service fee to be provided for workplaces in the hazardous and very hazardous class is 1.4 % and 1.6 %, respectively, of the daily amount of the lower limit of earnings subject to premium determined for insured persons over 16 years of age.

(3) The amount of the occupational health and safety service fee to be provided will be determined by multiplying the percentages specified in the second paragraph by the number of premium payment days reported with the monthly premium and service document.

Application and the manner of payment of the support

ARTICLE 6. (1) The Directorate General provides the Institution with access authorization to ISG-KATIP in order to ensure that the workplaces that have concluded a contract and are within the scope of payment are identified within the framework of the procedures and principles specified in Article 4.

(2) The Institution calculates the fee of the service provided to the employers falling within the scope, within the framework of the procedures and principles specified in Article 5; in three-month periods. It pays the amounts at the end of the period to the employer at the end of the second month following.

(3) In the event that there is a premium and premium-related debt not paid to the Institution within the legal period, the support amounts are offset against this debt.

(4) Employers falling within the scope apply to benefit from the support. Other matters concerning the implementation related to the application and payment to be made are determined by the Institution in line with the favorable opinion of the Ministry.

Persons, institutions or organizations from which the support service will be obtained

ARTICLE 7. (1) The workplaces within the scope of this Regulation obtain occupational health and safety related support services from a service provider in accordance with the Occupational Health and Safety Services Regulation published in the Official Gazette dated 29/12/2012 and numbered 28512.

PART FOUR

Miscellaneous and Final Provisions Obligations

ARTICLE 8. (1) In order for employers falling within the scope to be able to benefit from the support, it is mandatory for the monthly premium and service documents to be submitted to the Institution within the legal period.

Sanctions

ARTICLE 9. (1) Employers who are found, as a result of determinations made by the officers of the Institution assigned to inspection and control or investigations, inspections and examinations to be carried out by the inspection personnel of other public administrations in accordance with their own legislation, or from the information and documents obtained from banks, organizations with revolving funds, public administrations and institutions and organizations established by law, or on the basis of a court judgment, not to have reported to the Institution the insured persons they employ, cannot benefit from the support provided for a period of three years starting from the month following the month in which the determination was made, and the payments made from the month in which the unregistered worker started work are recovered by the Institution together with the legal interest.

(2) In the event that it is determined that there is an unregistered worker in the workplaces belonging to employers who have more than one workplace, the payments made from the month in which the unregistered worker started work, both for the workplace where the determination was made and for the other workplaces, are recovered by the Institution together with the legal interest, and the said employers cannot benefit from the support provided for three years starting from the month following the month in which the determination was made.

Inspection

ARTICLE 10. (1) When necessary, inspection is carried out by the inspection personnel of the Ministry and the Institution concerning the support provided within the scope of this Regulation.

Entry into force

ARTICLE 11. (1) This Regulation enters into force on 1/1/2014.

Execution

ARTICLE 12. (1) The provisions of this Regulation are executed by the Minister of Labour and Social Security.