On 15th March 2019, the Union Parliament passed the Occupational Safety and Health Law 2019 (Law No. 8/2019)(“OSH”). The OSH will come into force on a date to be prescribed by the President. The provisions of OSH cover the vast majority of business sectors. The OSH imposes unique requirements and duties on three main groups: employers, employees and inspectors.
Major requirements and Duties of Employers:
1. Registering with the Factory and Labour Law Inspection Department (“Department”) if its work is related to occupational safety and health under the OSH.
2. Inform the Department before building, expanding, or demolishing its factories and/or buildings or before an employer replaces, installs or modifies its machinery or equipment.
3. Obtain safety approvals from inspector or relevant departments to demolish dangerous equipment in the manufacturing, selling, importing, distributing, or installing sectors.
4. Other matters as prescribed under the OSH, such as risk management assessments, arranging medical checks with respect of occupational diseases, notification obligations, providing protective clothing and equipment, safety trainings and other requirements.
Major Requirements and Duties of Employees:
The duties of employees include; using appropriate protective clothing and equipment in the workplace, complying with health and safety directives issued by authorities, complying with notices and safety warnings, urgently informing administrators of any health and safety impacts, and relocating to safer locations as arranged by an employer amongst other essential duties.
Responsibilities of Inspectors:
Inspectors are responsible for inspecting and investigating workplaces for health and occupational safety checks. They collect and record occupational documents, records, audio and video recordings, records regarding lighting, temperature, dust, sounds, smoke, and other dangers in the workplace. They may also interview any employer or employee in relation to occupational diseases; they may even issue temporary notices to stop work until the risks identified are rectified.
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