If measures regarding occupational health and safety (OHS) are not taken sufficiently in workplaces, various administrative sanctions such as imposing administrative fines on employers may be applied.
One of the sanctions determined by the Occupational Health and Safety Code No. 6331, which determines the basic rules regarding occupational health and safety in Turkey, is the sanction of “stoppage of work” due to OHS deficiencies.
In this regard, when vital dangers are detected in the workplace, work must be stopped until this danger is eliminated. This stoppage is a sanction applied by the labour inspectors.
The following explains the inspection of life threathing occupational dangers and stoppage of work:
Hazard Detection: If vital dangers related to working methods, equipment or building are detected by an inspection/audit made in workplace by labour inspectors, work is stopped by taking into account the nature of the danger and the risk area.
According to the Act No. 6331, work must be stopped especially if a risk assessment has not been made in hazardous mine, metal and chemical works.
Inspection and Decision Process: A committee consisting of three labor inspectors can detect the danger and decide to stop work within two days. In cases requiring urgent intervention, the inspector has the authority to stop immediately.
Implementation: The decision to stop work is communicated to the relevant provincial administrator and the provincial directorate of the Labor and Employment Agency. The decision is implemented by law enforcement officers within twenty-four hours.
Employer’s Right to Object: The employer may object to the decision to stop work within six working days to the relevant labour court. The objection does not affect the implementation of the decision and the court process is concluded quickly.
Employee Wages: It is the employer’s obligation to pay wages or provide alternative work to employees who become unemployed due to the cessation of work.
Penal Sanctions: Employers who make unauthorized work in the suspended work may face a prison sentence of three to five years. In addition, due to deficiencies of OHS precautions, additional administrative fines may be imposed in accordance with the Act No. 6331.
These regulations were created to ensure the safety of employees and minimize risks in the workplace.
