Health is a state of complete physical, mental and social well-being and not merely the absence of disease or infirmity. • Occupational health and safety (OHS), occupational health, or occupational safety, is a multidisciplinary field concerned with the safety, health, and welfare of people at occupation.
The main focus in occupational health is on three different objectives: • The maintenance and promotion of workers' health and working capacity; • The improvement of working environment and work to become conducive to safety and health • Development of work organizations and working cultures in a direction which supports health and safety at work and in doing so also promotes a positive social climate and smooth operation and may enhance productivity of
the undertakings. 4/36 Benefits of good health and safety • Reduced costs; • Reduced risks; • Lower employee absence and turnover rates; • Fewer accidents; • Lessened threat of legal action; • İmproved standing among suppliers and partners; • Better reputation for corporate responsibility among investors, customers and communities; • Increased productivity, because employees are healthier, happier and better motivated. 5/36 • Occupational health and safety is the field of public health that studies trends in illnesses and injuries in the worker population and proposes and implements strategies and regulations to prevent them. 6/36 • Historically, the focus of occupational health and safety efforts have been on manual labor occupations, such as factory workers. But the field now encompasses all occupations in World.
Purpose of Ocupational Health Safety PROTECTING EMPLOYEES (HEALTH AND SAFETY) ENSURING PRODUCTION SAFETY (EFFICIENCY INCREASE, QUALITY SUPERIORITY) ENSURING BUSINESS SAFETY (EMERGENCY MEASURES, RISK ASSESSMENT...) 8/36 Subject of Occupational Health and Safety • Various technical, • medical, • legal, • managerial, • human and • psychological factors 9/36 Subject of Occupational Health and Safety • Equipment and production technology in the workplace, • ergonomic conditions, • skill level and age of staff, • relevant legislation, • organizational structure in the workplace, • workers health checks and suitability for work, • medical services and organization, • environmental characteristics (noise, dust, heat, lighting, ventilation, cleaning, etc.), • recruitment
processes, • wages, • social services, • working hours
OHS
• It is a multidisciplinary science
• Develops with the contribution of interested parties
(employees, government and employers and organizations)
• It is protective rather than correcting
OHS in Turkey
• Every Year
• 100.000 Work Accidents
• 1500 – 1600 deaths
• 3500-4000 Disabled
Threats to the OHS System
Technical Elements, Human Elements, Other Elements
Technical Elements
•
Incorrect Planning of Machines and Benches in the Workplace
• Inadequate Lighting,
• Inadequate Warming,
• Unprotected Machine,
• Lack of Personal Protective,
• Slippery or Uneven Ground
Other Elements
• Chemical Factors
(Solid, Liquid, Powder, Steam)
• Physical Factors
(Vibration, Noise, Humidity, Heat, Light, Pressure)
• Ergonomic Factors
• Biological Factors
(Bacteria, Virus, Fungus)
• Psychological Factors
(Monotonous Work, Overwork)
• Psycho-Social Factors
• (Human Relationship with His Environment)
Human Elements
• Ignorance, (Lack of knowladge)
• Unfit for work ( under qualified)
• Ignoring the Danger,
• Neglect, (ihmal)
• Imprudence, ( Tedbirsizlik )
• Lack of Maintenance,
• Tiredness,
• Undisciplined, Not Taking Business Seriously, (işi
ciddiye almama)
• Despondency, ( moral bozukluğu)
Threats to the OHS System
• Physical Discomfort,
• Not Providing Required Trainings,
• Lack of Sufficient Technical Staff,
• Lack of Business Division,
• Lack of Determination of Powers and Responsibilities,
• Safety-Related Management Errors,
• Third Party Influence.
• OHS activities in the workplace
effectively planned, organized and supervised.
establishing a workplace health and safety unit
providing OHS services
occupational physician,
occupational safety specialist
workplace nurse
Establishing an OHS board andhealth-safety worker representative selection is
involved.
Class occupational safety experts
THE CONCEPT OF SAFETY CULTURE
"SAFETY CULTURE"
is formed into a habit of healthy and safe behavior.
OBJECTIVE IN OCCUPATIONAL HEALTH AND SAFETY;
It is the creation of a common concept of "Safety Culture" in business
life and society.
Establish The Safety Culture;
• with the social partners in OSH practices (Ministry of Education, Labor
and Employer Organizations, Universities etc.) cooperation should be
ensured,
• Sharing good practice examples and experiences,
• A national information network should be established,
• Lifelong education should be provided starting from early childhood,
• Awareness of OHS risks at school should be ensured,
• Sensitivity and awareness training campaigns should be organized.
Establish The Safety Culture;
It can be possible with the integration of occupational health and safety
into education as a fundamental issue.
The Structure of Safety Culture
• The safety culture has a structure that aims to realize the common
purpose of occupational safety and providing high quality service with
team work.
• The safety culture is the joint commitment made by management and
workers to ensure the safety of the work environment.
• Education and safety culture is the most fundamental element in
ensuring and maintaining quality and productivity in working life.
SAFETY CULTURE
• Government
• Employer
• Employees / unions
• Universities
• Professional Organizations
The Role of the Government
• regulate by legislation,
• provide control
• to adopt as a state policy
Employers' Role
• Human approach > Efficiency
• Risk management approach
• Supporting workplace health and safety units
• Training of employees
• Scientific analysis of occupational accidents
• Ensuring data flow
• Protective equipment for workers
• Informing the workers and taking their opinions
Role of Employees / Unions
• Having knowledge about the workplace, line of business and production
process
• Participation in risk assessment and risk management processes
• «Scientific» analysis of occupational accidents
• Activities for making occupational safety a priority of life
• Proper use of personal protective equipment.
• Responsibilities of employees determined in laws and regulations.
• Using machinery, devices and equipment correctly
• Notifying the employer about the negative situation regarding
occupational health and safety in the workplace
• Participating in OHS trainings
The Role of Universities
• Scientific contribution to OHS and social policies
• «Scientific» analysis of occupational accidents
• Basic training of manpower to work in the field of OHS
• Creating laboratories and academic environment
2.
COMM 410 OCCUPATIONAL HEALTH AND
SAFETY TRAINING MODULE
PERSONAL PROTECTIVE EQUIPMENTS
AND SAFETY AND HEALTH SIGNS
TRAINING
WHAT IS PERSONEL PROTECTIVE EQUIPMENT (PPE) ?
Equipments used to protect against health and safety
risks
Only reduces the exposure effect
Should be in conformity with the criteria
WHAT IS PERSONEL PROTECTIVE EQUIPMENT (PPE) ?
Should not create additional risk
Must be suitable for the conditions
Should be ergonomic
RELATED REGULATIONS
Personal Protective Equipment Regulation (CE)
Regulation on the Use of Personal Protective Equipment
at Workplaces
PERSONEL PROTECTIVE EQUIPMENT (PPE)
Ear Protectors
Eye and Face Protectors
Head Protection
Hand And Arm Protectors
Foot And Leg Protectors
Body Protection
Respiratory System Protectors
EAR PROTECTORS
Earplugs or earmuffs used to reduce high frequency noise
Noise Exposure
When it exceeds 80 dB, it is kept ready for use
When it reaches or exceeds 85 dB, employees will use
ear protectors
EYE PROTECTORS
Used in jobs where there is a risk of spillage into the eye
The most common glasses
Dust Goggles
Half-open goggles
Welder goggles, etc
FACE PROTECTORS
Used in workplaces where chemicals and particles are likely
to splash into the eyes and face
Painting and spraying works
Welding works
Grinding works
Cutting Works, etc
HEAD PROTECTORS
These are equipment that protect the head from hitting,
falling objects, dirt and dust.
Construction works
Tunnel works
Mine works
Metal industry
HAND AND ARM PROTECTORS
Used to protect hands against risks such as cuts, punctures
and burns
Hand accidents are very common accidents
Mechanical Effects
Heat
Chemicals
Electrical risks
FOOT AND LEG PROTECTORS
Used in construction, mining, underground and metal works
to protect against electricity, heat, slipping and objects
falling, splashing
Safety shoes
Safety boots
Breeches
BODY PROTECTORS
They are equipment used as protectors against dust, heat,
electricity, radiation, chemicals and falling from height.
Protective apron
Life vest
Safety harness
RESPIRATORY SYSTEM PROTECTORS
They are protective equipment that protect workers from
harmful substances and dust in the air, used in confined
spaces, in places where oxygen is insufficient and
underground works.
Oxygen-fed breathing apparatus
Gas and dust masks
-air cleaner mask
-airfed masks
Diving equipments
SAFETY AND HEALTH SIGNS
These are signs that warn or inform
employees about occupational
health and safety.
Signs
Hand and arm signals
Audible warnings
SIGNS
Placed on fixed or portable support
Minimum requirements are specified in the relevant
regulation.
Health and Safety Signs Regulation
Appendix-1
Appendix-2
THE MEANINGS OF COLORS
Red; prohibition sign, hazard alarm or
firefighting equipment
Yellow; warning sign
Blue; obligation sign
Yeşil; emergency exit, first aid signs
PROHIBITORY SIGNS
Indicates dangerous act or behavior
Basic qualities:
- Circular
- Red frame and diagonal line
- Black pictogram on a white
background
The red parts should cover at
least %35 of the marked area.
FIREFIGHTING SIGNS
Indicates or identifies the
location of equipment
Basic qualities:
- Rectangular or square
- White pictogram on a red
background
The red parts should cover at
least %50 of the marked area.
WARNING SIGNS
It means be careful and
take precautions
Basic qualities:
- Triangle
- Black frame
- Black pictogram on a yellow
background
The yellow parts should cover
at least %50 of the marked area.
OBLIGATION SIGNS
Indicates situations to take
action
Basic qualities:
- Circular
- White pictogram on a blue
background
The blue parts should
cover at least %50 of the
marked area.
EMERGENCY EXIT AND FIRST AID SIGNS
Indicates the following
- Emergency exits
- Emergency equipments
- First aid equipment
Basic qualities:
- Rectangular or square
- White pictogram on a green
background
The green parts should
cover at least %50 of the
marked area.
SIGNS USED ON OBSTACLES AND DANGEROUS
AREAS
Yellow – black or red – white bands are used
It is approximately at a 45 degree angle and the same
size.
AUDIBLE WARNINGS
It is the coded sound to make a sound with a specific
meaning.
These signals should be in a loudness and form that can
be distinguished from ambient sounds
If it makes a fixed and variable frequency sounds,
variable frequency sounds indicate a more dangerous
and emergency situation.
ILLUMINATED SIGNALS
It should be well visible in its environment
If there are fixed and variable signals, variable signals
indicate a more dangerous and emergency situation.
HAND SIGNALS
Predetermined movements and positions of the hands
and arms to guide the maneuvering of operator that may
be dangerous for workers.
HAZARD SIGNS
Doing this move quickly means doing it faster, doing it
slower means that the action has to be done slower.
3.
LABOR LEGISLATION
Introduction • In this course, we will first examine the historical development of occupational health and safety legislation. Law No. 4857 • Law No. 6331 Occupational Health And Safety Law • Law No. 5510
HSE:
Republic period
Ottoman period
Ottoman Period Dilaver Paşa Directory 1867 Mine regulation (8 May 1867) Taking measures by the employer to accommodate employees in mines Daily working hours are arranged (10 hours) Providing rest periods to workers Ottoman Period Maadin Directory 1869 • Provisions
on Occupational Safety have been included more. Forced Labor has been removed. Engineers are given authority • Notification of work accidents to the administration Physicians in mines
Republic Period • Law no 151 (Ereğli Havza-i Fahmiye Maden Amelesinin Hukukuna Müteallik Kanun) 8 hours daily working time under the age of 18 cannot be employed. • It has been regulated that the families of persons who died as a result of work accidents can also be sued for compensation against the employer and the employer with fault can be fined.
Republic Period
Umumi Hıfzıssıhha Law • Law no 1539 • Women and children are protected in business life. A doctor and infirmary is required for workplaces employing 50 or more people. Employment of under the
age of 18 is prohibited in some areas.
Republic Period Law no 3008 (9 june 1936) Labor Law No. 1475 is valid between 1971-2003. Law no. 4857 Law no 4857 Purpose and Scope Article 1. The purpose of this Act is to regulate the working conditions and work-related rights and obligations of employers and employees working under an employment contract. With the exception of those cited in Article 4, this Act shall apply to all the establishments and to their employers, employer's representatives and employees, irrespective of the subject matter of their activities.
Exceptions Exceptions: • Article 4. The provisions of this Act shall not apply to the activities and employment relationships mentioned below. a) Sea and air transport
activities, b) In establishments and enterprises employing a minimum of 50 employees (50 included) where agricultural and forestry work is carried out. c) Any construction work related to agriculture which falls within the scope of family economy, d. In works and handicrafts performed in the home without any outside help by members of the family or close relatives up to 3 rd degree (3 rd degree included), e. Domestic services, f. Apprentices, without prejudice to the provisions on occupational health and safety, g. Sportsmen, h. Those undergoing rehabilitation, i. Establishments employing three or fewer employees and falling within the definition given in Article 2 of the Tradesmen and Small Handicrafts Act,
Attention! • a. Loading and unloading operations to and from ships at ports and
landing stages, b. All ground activities related to air transport, • C. Agricultural crafts and activities in workshops and factories manufacturing implements, machinery and spare parts for • use in agricultural operations, d. Construction work in agricultural establishments, Attention! • e. Work performed in parks and gardens open to the public or subsidiary to any establishment, f. Work by seafood producers whose activities are not covered by the Maritime Labour Act and not deemed to be agricultural work. this law applies
labor contract • The employment contract is a contract consisting of one party (employee) undertaking to work as a dependent and the other party (employer) undertaking to pay wages.
Contract types
Definite duration (full time , part time)
Indefinite duration(full time , part time)
Remote work • It is a business relationship established in writing based on the principle that the employee fulfills his / her work at home or outside the workplace with technological communication tools within the scope of the work organization created by the employer. Employment contract with a trial (probation) clause: Article 15. If the parties have agreed to include a trial clause in the employment contract, the duration of the trial term shall not exceed two months. However, the trial period may be extended up to four months by collective agreement. Within the trial term the parties are free to terminate the employment contract without having to observe the notice term and without
having to pay compensation. The employee's entitlement to wages and other rights for the days worked is reserved.
Determination Article 17. Before terminating a continual employment contract made for an indefinite period, a notice to the other party must be served by the terminating party.
If less than 6 month - after 2 weeks
6 months - 1.5 years - after 4 weeks
1.5 years - 3 years - after 6 weeks
If more than 3 years - after 8 weeks
Feshin geçerli sebebe dayandırılması • 30 or more workers are working • More than 6 months Employment contract of indefinite duration • a valid reason The following, inter alia, shall not constitute a valid reason for termination: a. union
membership or participation in union activities outside working hours or, with the consent of the employer, within working hours; b. acting or having acted in the capacity of, or seeking office as, a union representative; C. the filing of a complaint or participation in proceedings against an employer involving alleged violations of laws or regulations or recourse to competent administrative or judicial authorities;
The following, inter alia, shall not constitute a valid reason for termination: d. race, colour, sex, marital status, family responsibilities, pregnancy, religion, political opinion, national extraction or social origin; e. absence from work during maternity leave when female workers must not be engaged in work, as foreseen in Article 74; f. temporary absence from work
during the waiting period due to illness or accident foreseen in Article 25 of the Labour Act Procedure of appeal against termination: Article 20. The employee who alleges that no reason was given for the termination of his employment contract or who considers that the reasons shown were not valid to justify the termination shall be entitled to lodge an appeal against that termination with the labour court within one month of receiving the notice of termination. If there is an arbitration clause in the collective agreement or if the parties so agree, the dispute may also be referred to private arbitration within the same period of time. Procedure of appeal against termination: • The burden of proving that the termination was based on a valid reason shall rest on the employer. However, the burden of proof shall be on the employee if he claims that the
termination was based on a reason different from the one presented by the employer.
Employee's right to break the contract for just cause: • Article 24. The employee is entitled to break the contract, whether for a definite or an indefinite period, before its expiry or without having to observe the specified notice periods, I. For reasons of health a. If the performance of the work stipulated in the contract endangers the employee's health or life for a reason which it was impossible to foresee at the time the contract was concluded; • b. If the employer, his representative or another employee who is constantly near the employee and with whom he is in direct contact is suffering from an infecting disease or from a disease incompatible with the performance of his duties.
For immoral, dishonourable or malicious conduct or other similar behaviour a) If, when the contract was concluded, the employer misled the employee by stating the conditions of work incorrectly or by giving him false information or by making false statements concerning any essential point of the contract; b) If the employer is guilty of any speech or action constituting an offence against the honour or reputation of the employee or a member of the employee's family, or if he harasses the employee sexually; For immoral, dishonourable or malicious conduct or other similar behaviour c) If the employer assaults or threatens the employee or a member of his family to commit an illegal action, or commits an offence against the employee or a member of his family which is punishable with imprisonment, or levels
serious and groundless accusations against the employee in matters affecting his honour; d) If, in cases where the employee was sexually harassed by another employee or by third persons in the establishment, adequate measures were not taken although the employer was informed of such conduct; e) If the employer fails to make out a wages account or to pay wages in conformity with the Labour Act and the terms of the contract; f) If, in cases where wages have been fixed at a piece or task rate, the employer assigns the employee fewer pieces or a smaller task than was stipulated and fails to make good this deficit by assigning him extra work on another day, or if he fails to implement the conditions of employment
III. Force majeure: Force majeure
preventing the employee from performing his duties for more than one week. The breaking of the employment contract by the initiative of the employer (summary termination) ARTICLE 25. – The employer may break the contract, whether for a definite or indefinite period, before its expiry or without having to comply with the prescribed notice periods, in the following cases:
I. For reasons of health a) If the employee has contracted a disease or suffered an injury owing to his own deliberate act, loose living or drunkenness, and as a result is absent for three successive days or for more than five working days in any month. b) If the Health Committee has determined that the suffering is incurable and incompatible with the performance of the employee's duties. In cases of illness
or accident which are not attributable to the employee's fault and which are due to reasons outside those set forth in For immoral, dishonourable or malicious conduct or other similar behaviour a) If, when the contract was concluded, the employee misled the employer by falsely claiming to possess qualifications or to satisfy requirements which constitute an essential feature of the contract, or by giving false information or making false statements; b) If the employee is guilty of any speech or action constituting an offence against the honour or dignity of the employer or a member of his family, or levels groundless accusations against the employer in matters affecting the latter's honour or dignity;
For immoral, dishonourable or malicious conduct or other similar behaviour: c) If
the employee sexually harasses another employee of the employer; d) If the employee assaults or threatens the employer, a member of his family or a fellow employee, or if he violates the provisions of Article 84; e) If the employee commits a dishonest act against the employer, such as a breach of trust, theft or disclosure of the employer's trade secrets,; For immoral, dishonourable or malicious conduct or other similar behaviour: f) If the employee commits an offence on the premises of the undertaking which is punishable with seven days' or more imprisonment without probation; g) If, without the employer's permission or a good reason, the employee is absent from work for two consecutive days, or twice in one month on the working day following a rest day or on three working days in any month; h) If
the employee refuses, after being warned, to perform his duties;
For immoral, dishonourable or malicious conduct or other similar behaviour: i) If either wilfully or through gross negligence the employee imperils safety or damages machinery, equipment or other articles or materials in his care, whether these are the employer's property or not, and the damage cannot be offset by his thirty days' pay. III. Force majeure: Force majeure preventing the employee from performing his duties for more than one week. • IV. If due to the employee's being taken into custody or due to his arrest, his absence from work exceeds the notice period indicated in Article 17. • The employee may file a lawsuit according to Articles 18,20 and 21 by claiming that the termination was not in conformity with the
subsections cited above.
Permission to seek new employment: Article 27. During the term of notice the employer must grant the employee the permission to seek new employment within working hours without any deduction from his wage. The time devoted to this purpose should not be less than two hours daily and if the employee so requests such hours may be added together and taken at one time. But if the employee wishes to take these hours at one time, he must do so on the days immediately preceding the day on which his employment ceases and must inform the employer in advance. If the employer does not grant the permission to seek new employment or allows less time than that stipulated in this Article, he must pay the employee the wages corresponding to the
time to which he was entitled. If the employer makes the employee work during the time to be allowed for seeking new employment, he must compensate the employee twice the amount of wages he is entitled to even for no work during the time which should be allowed for seeking new employment. Certificate of employment • Article 28. The employer must furnish the employee leaving employment with a certificate stating the nature and duration of employment. The employee who suffers a loss or the new employer who has recruited him may claim compensation from the previous employer for the latter's failure to furnish the certificate on due time or for the incorrect information contained in the certificate.
Overtime Wages for each hour of overtime shall be remunerated at one and a half
times the normal hourly rate. In cases where the principle of balancing is applied in accordance with Article 63, work which exceeds a total of forty-five hours a week shall not be deemed overtime work, provided the average working time of the employee does not exceed the normal weekly working time . overtime In cases where the weekly working time has been set by contract at less than forty-five hours, work that exceeds the average weekly working time done in conduction with the principles stated above and which may last only up to fortyfive hours weekly is deemed to be work at extra hours. In work at extra hours, each extra hour shall be remunerated at one and a quarter times the normal hourly rate. If the employee who has worked overtime or at extra hours so wishes, rather than receiving overtime pay he may use, as free time, one-hour and
thirty minutes for each hour worked overtime and one hour and fifteen minutes for each extra hour worked. The employee shall use the free time to which he is entitled within six months, within his working time and without any deduction in his wages.
Remuneration for weekly rest day: • Article 46. The employees working in establishments covered by this Act shall be allowed to take a rest for a minimum of twenty-four hours (weekly rest day) without interruption within a seven-day time period, provided they have worked on the days preceding the weekly rest day as indicated in Article 63. • For the unworked rest day, the employer shall pay the employee's daily wage, without any work obligation in return. Annual leave (yıllık izin) Article 53 a. fourteen days if his
length of service is between one and five years, (five included), b. twenty days if it is more than five and less than fifteen years, c. twenty-six days if it is fifteen years and more (fifteen included).
Restrictions on night work • Article 73. Children and young employees under the age of eighteen must not be employed on industrial work during the night. • The principles and methods for employing women who have completed the age of eighteen on night shifts shall be indicated in a regulation to be prepared by the Ministry of Labour and Social Security upon receiving the opinion of the Ministry Health. Work during maternity and nursing leave; Article 74. In principle female employees must not be engaged in work for a total period of sixteen weeks, eight weeks before confinement and eight
weeks after confinement. In case of multiple pregnancy, an extra two week period shall be added to the eight weeks before confinement during which female employees must not work. However, a female employee whose health condition is suitable as approved by a physician's certificate may work at the establishment if she so wishes up until the three weeks before delivery. In this case the time during which she has worked shall be added to the time period allowed to her after confinement.
Work during maternity and nursing leave: The time periods mentioned above may be increased before and after confinement if deemed necessary in view of the female employee's health and the nature of her work. The increased time increments shall be indicated in the physician's report. The
female employee shall be granted leave with pay for periodic examinations during her pregnancy. If deemed necessary in the physician's report, the pregnant employee may be assigned to lighter duties. In this case no reduction shall be made in her wage. If the female employee so wishes, she shall be granted an unpaid leave of up to six months after the expiry of the sixteen weeks, or in the case multiple pregnancy, after the expiry of the eighteen weeks indicated above. This period shall not be considered in determining the employee's one year of service for entitlement to annual leave with pay. Work during maternity and nursing leave: • Female employees shall be allowed a total of one and a half hour nursing leave in order to enable them to feed their children below the age of one. The employee shall decide herself at what times and in how
many instalments she will use this leave. The length of the nursing leave shall be treated as part of the daily working time.
LAW NO. 6331 OCCUPATIONAL HEALTH AND SAFETY LAW OCCUPATIONAL HEALTH AND SAFETY LAW This Law shall apply to all works and workplaces in both public and private sector, employers of these workplaces and their representatives, all workers including apprentices and interns regardless of their field of activity. OCCUPATIONAL HEALTH AND SAFETY LAW Object of this law is to regulate duties, authority, responsibility, rights and obligations of employers and workers in order to ensure occupational health and safety at workplaces and to improve existing health and safety conditions.
Definitions Worker: any natural person employed at public or, private sector workplaces, regardless of their status in their relevant laws; Employer: any natural or legal person or any institution and organisation which is not a legal entity who has an employment relationship with the worker; JOB RELATIONSHIP ise the relationship established between the employee and the employer Definitions Workplace: any organisation in which material and non-material elements and workers are organised together to produce goods or services, where the employer is linked in qualitative terms to the goods or services produced and which includes locations linked to the workplace organised under the same management and other premises and equipment such as rest rooms, nursing rooms, canteens, sleeping, washing, examination and
maintenance facilities as well as physical and vocational training locations and courtyards;
Scope and exceptions However, this Law shall not be applicable to the following activities and persons: a) Activities of the Turkish Armed Forces, the police and the Undersecretary of National Intelligence Organisation except for those employed in workplaces such as factories, maintenance centres, sewing workshops and the like. b) Intervention activities of disaster and emergency units. c) Domestic services. ç) Persons producing goods and services on their own account without employing workers. d) Prison workshop, training, security and vocational course activities within the framework of improvement of enforcement services for convicts and inmates OCCUPATIONAL
HEALTH AND SAFETY LAW HSE gathered under one roof for the first time. Created to cover all employees Expert personnel will be employed in all workplaces Employers will be able to get service from OSGB if they want. HSE commitees will be organised Instead of a prescriptive approach, a preventive approach was taken as a basis. (REACTIVE PROACTIVE) Workplaces are divided into hazard classes according to the nature of the work done. Less dangerous Dangerous very dangerous
General responsibility of the employer a) take the measures necessary for the safety and health protection of workers, including prevention of occupational risks and provision of information and training, as well as provision of the necessary organization and means and shall ensure
that these measures are adjusted taking account of changing circumstances and aim to improve existing situations. b) monitor and check whether occupational health and safety measures that have been taken in the workplace are followed and ensure that nonconforming situations are eliminated. c) carry out a risk assessment or get one carried out; d) take into consideration the worker's capabilities as regards health and safety where he entrusts tasks to a worker; e) take appropriate measures to ensure that only workers who have received adequate instructions may have access to areas where there is serious and specific danger. Principles of protection from risks a) avoiding risks. b) evaluating the risks which cannot be avoided. c) combating the risks at source. d) adapting the work the individual e) adapting to technical
progress. f) replacing the dangerous by the non- dangerous or the less dangerous.
Right to Abstain from Work ARTICLE 13 - (1) Workers exposed to serious and imminent danger shall file an application to the committee or the employer in the absence of such a committee requesting an identification of the present hazard and measures for emergency intervention. The committee shall convene without delay and the employer shall make a decision immediately and write this decision down. The decision shall be communicated to the worker and workers' representative in writing. (2) In the event that the committee or the employer takes a decision that is supportive of the request made by the worker, the worker may abstain from work until necessary measures are put into practice. The worker shall be entitled to
payment during this period of abstention from work and his/her rights arising under the employment contract and other laws shall be reserved. Right to Abstain from Work (4) Where the necessary measures are not taken despite the requests by workers, workers under labour contract might terminate their employment contract in accordance with the provisions of the law applicable to them. As for the workers under collective bargaining agreement, the abstention period as defined in this article shall be deemed as
Recording and Notification of Occupational Accidents and Diseases The employer notifies the Social Security Institution within the specified period in the following cases: a) Work accidents within three working days after the accident. b) Health service providers or
workplace physicians, within three working days after learning about the described occupational diseases. Near miss It examines the incidents that occur in the workplace that cause damage to the workplace or work equipment even though they do not cause injury or death, or that have the potential to damage the employee, workplace or work equipment and prepares reports on them.
Workers' Obligations (1) It shall be the responsibility of each worker to take care as far as possible of his own safety and health and that of other persons affected by his acts or commissions at work in accordance with his training and the instructions given by his employer (2) To this end, workers must in particular, in accordance with their training and the instructions given by their employer: a)
make correct use of machinery, apparatus, tools, dangerous substances, transport equipment and other means of production; use such safety devices correctly and refrain from changing or removing arbitrarily safety devices fitted b) make correct use of the personal protective equipment supplied to them. Workers' Obligations c) immediately inform the employer and/or the workers' representative of any work situation they have reasonable grounds for considering represents a serious and immediate danger to safety and health and of any shortcomings in the machinery, apparatus, tools, facilities and buildings; d) cooperate with the employer and/or workers' representative to enable any tasks or requirements imposed by the competent authority to protect the safety and health of workers at work to be carried out e)
cooperate with the employer and/or workers' representative for the safety and health of workers within their field of activity.
Occupational Health and Safety Committee The employer shall set up an occupational health and safety committee in enterprises 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 taken in accordance with the legislation on occupational health and safety. Occupational Health and Safety During the execution of the work in the workplace; They are systematic and scientific studies carried out in order to protect from conditions that may harm
health due to various reasons.
4.
Work Accidents and Protection Methods from Work Accidents Occupational Health and Safety During the execution of the work in the workplace; They are systematic and scientific studies carried out in order to protect from conditions that may harm health due to various reasons.
Occupational accident a) when the insurance holder is at the workplace, b) due to the work carried out by the employer or by the insurance holder if he/she is working on behalf of own name and account, c) for an insurance holder working under an employer, at times when he/she is not carrying out his/her main work due to the reason that he/she is sent
on duty to another place out of the workplace, d) for a nursing female insurance holder under item ( a) of paragraph one of Article 4 of this Law, at times allocated for nursing her child as per labour legislation, e) during insurance holder's going to or coming from the place, where the work is carried out, on a vehicle provided by the employer, and which causes, immediate or delayed, physical or mental handicap in the insurance holder. to be counted as a work accident • A. the person who suffered the accident is insured, • B. in the workplace or in places deemed to be from the workplace, • C. there is an appropriate causal link between the accident and the result , D. must suffer mental or physical disability as a result of an accident
According to W.H. Heinrich (1931), who
developed the so-called domino theory, unknown Engineering measures easily 10 20 30 40 50 60 1-29-300 From this data he proposed ap relationship of one major injury accident to 29 minor injury accidents, to 300 no - injury accidents. He drew the conclusion that, by reducing Heinrich Pyramid 1 Senous accident 30 the number of minor Minor accidents accidents, industrial companies would see a correlating fall in the number of major accidents 300 Near misses Near misses OSHA defines a near miss as an incident in which no property was damaged and no personal injury was sustained, but where, given a slight shift in time or position, damage or injury easily could have occurred. Near misses also may be referred to as close calls
accident rates Domino Theory First
scientific approach of accident prevention by W.F. Heinrich in 1931 Studied 75,000 industrial accidents - 88% of all accidents are caused by unsafe acts of people - 10% by unsafe conditions - 2% by unavoidable causes (acts of God)
Domino Teorisi Herbert W. Heinrich was a pioneering occupational safety researcher, whose 1931 publication Industrial Accident Prevention: A Scientific Approach [Heinrich 1931] was based on the analysis of large amounts of accident data collected by his employer, a large insurance company. This work, which continued for more than thirty years, identified causal factors of industrial accidents including "unsafe acts of people" and "unsafe mechanical or physical conditions". domino theory In the same way that the removal of a single
domino in the row would interrupt the sequence of toppling, Heinrich suggested that removal of one of the factors would prevent the accident and resultant injury; with the key domino to be removed from the sequence being number 3. Although Heinrich provided no data for his theory, it nonetheless represents a useful point to start discussion and a foundation for future research. BACKGROUND PERS. CHAR. UNSAFE A&C ACCIDENT INJURY Domino Theory domino 1: ancestry and the worker's social environment, which impact the worker's skills, beliefs and "traits of character", and thus the way in which they perform tasks domino 2: the worker's carelessness or personal faults, which lead them to pay insufficient attention to the task (see box about "accident-proneness" theory)
domino 3: an unsafe act or a mechanical/physical hazard, such as a worker error (standing under suspended loads, starting machinery without warning...) or a technical equipment failure or insufficiently protected machinery FAULT OF Unsafe Behavior (Human) Doing the Work Unconscious, Distraction and Carelessness Removing Machine Guards Working at Dangerous Speed Doing Business Outside of Duty Not Observing Business Discipline Not Using Suitable Machinery for the Job Being in the Dangerous Area without Authority and Permission Not Using Personal Protectors Driving Without a License and at Dangerous Speed
3. unsafe behaviour and" conditions Unsafe Situations (Environment, Machinery-Equipment) Unsafe Working
Method Unsafe and Unhealthy Environmental Conditions Unearthed Electrical Equipments Unsuitable Hand Tools Pressure Machines Without Control and Testing Stacking at Dangerous Height Uncovered Gaps Workplace Disorder Unprotected Machine Benches domino 4: the accident domino 5: injuries or loss, the consequences of the accident
Things to Do to Prevent Work Accidents • Unsafe Situations • One of the most effective ways to prevent work accidents is to eliminate unsafe situations.
protection from work accidents A-Eliminating unsafe conditions (Dangerous Situation) 1-Machines opr. install enclosures in their areas 2-To have handrail in dangerous areas 3-Using personal protectors 4-Automation 5-
Making risk analysis 6-To have an early warning system 7-To provide ergonomics and thermal comfort conditions 9-Taking precautions against other risks (fire, flaming, explosion, electricity, transportation, stacking, etc.) Things to Do to Prevent Work Accidents • Unsafe Behaviors of Employees • It is difficult to prevent changing behaviors of the employee according to hereditary characteristics, habits, psychological status and educational status. However, it should be tried to be eliminated by gradual occupational health and safety trainings.
protection from work accidents B-2. negative actions A) Education (persuasion B) Control and inspection (Preventing work against work security by intervening immediately) C) To gain the habit of correct and. safe working Things to Do to
Prevent Work Accidents Employee and Workplace Compliance The equipment used must be ergonomic. • It must be suitable for the body structure of the employee.
Things to Do to Prevent Work Accidents Audit Frequency and Reliability Tight and effective inspections also reduce occupational accidents in the right proportion. Automation The fact that robots remotely controlled by employees perform dangerous jobs is an important element in preventing occupational accidents. Work Accident and Occupational Disease Difference 1. While work accidents damage the outer face of the body; occupational diseases penetrate the body 2. Occupational accidents occur suddenly. However, occupational diseases can occur immediately, as well as years or
even decades later. 3. One of the most important property of occupational diseases is that they can be easily overlooked.
Definition, notification and investigation of work accident • a) by the employer employing the insurance holders under item (a) of paragraph one of Article 4 and Article 5, immediately to the authorized police forces of that location and within maximum three workdays following the accident to the Institution, b) by the insurance holder himself/herself under item (b), within three workdays following the date on which his/her discomfort does not hinder to make notification but not later than one month,
5.
Risk Management RISK Preventing work related accidents and injuries is the primary concern for all those involved in health and safety. Work related accidents and injuries are caused by hazards, which are either not controlled or are inadequately controlled. In other words by a failure in the organisational safety management system. • Accident: an event that results in injury or ill health • Near Miss: an event that, while not causing harm, has the potential to cause injury or ill • Ex: An employee trips over an extension cord that lies across the floor but avoids a fall by grabbing the corner of a desk. • The classroom door almost hit me .. • I was almost skidding on the wet ground .. • If I didn't pay attention, I would hit the glass door.. • I was tripping over the cables... • There was almost an electric shock .. • the cupboard was tipping over me .. • If I did
not run away immediately, the materials were falling on me ..
• A hazard is anything that has the potential to cause harm or loss or damage to the environment. • A hazardous situation occurs when a person comes into contact with/is exposed to the hazard. • Risk is the likelihood that the hazard will cause harm or loss, together with the severity of that harm or loss. • Risk is the chance or probability that a person will be harmed or experience an adverse health effect if exposed to a hazard. It may also apply to situations with property or equipment loss, or harmful effects on the environment. • Harm ( zarar) is the adverse effect on an individual that may result from exposure to the hazard. • Loss ( kayıp)is the damage to equipment, property, productivity or the environment that may
result from exposure to the hazard.
Risk Assessment As part of managing the health and safety of your business you must control the risks in your workplace. To do this you need to think about what might cause harm to people and decide whether you are taking reasonable steps to prevent that harm. This is known as risk assessment and it is something you are required by law to carry out. A risk assessment is not about creating huge amounts of paperwork, but rather about identifying sensible measures to control the risks in your workplace. You are probably already taking steps to protect your employees, but your risk assessment will help you decide whether you have covered all you need to Think about how accidents and ill health could happen and concentrate on real risks - those that are
most likely and which will cause the most harm. Risk Management Process 1 Analyse work activities 2 Identify the hazard/s 3 Assess & evaluate the risk 4 Identify, implement and record the controls 5 Monitor and evaluate.
Step One : Analyse Work Activities In order to conduct an effective risk assessment it is important to make an accurateinventory of all the work activities that need to be assessed. Possible ways of classifying work activities include: Geographical areas • Generic activities (manual handling, using display screen equipment) Stages in the production process, in the provision of a service Specific jobs or tasks. Whatever method you choose, it is vital to remember to include infrequent tasks as well as the more routine day to day work. Information that can be used for this initial analysis
includes: Organisational charts • Interviews Walk-through surveys of work areas • Data from job/task analysis Step Two: Identify the hazards • a hazard is anything with the potential to cause harm or loss ordamage to the environment. It is generally accepted that there are five different classes of hazard
Physical – e.g. floors, stairs, work platforms, steps, fire, falling objects, slippery surfaces, manual handling, noise, vibration, heat and cold, radiation, poor lighting, ventilation, air quality • Chemical - e.g. chemical substances, cleaning agents, dust and fumes from various processes such as welding, acids, poisons, substances that could lead to fire or explosion • Biological – e.g. bacteria, viruses, mould, mildew, insects, vermin, animals • Mechanical/Electrical - e.g.
electricity, machinery, equipment, pressure vessels, fork lifts, cranes, hoists • Psychosocial - e.g. workplace stressors such as lack of control over work pacing, overload, harassment, interpersonal conflict Hazard identification should involve a critical appraisal of all the tasks identified in the previous step to take account of hazards to employees, others affected by the organisation's activities (eg visitors , members of the public and contractors) and to those using its products and services. Remember, consideration should be given to hazards arising from both routine and non-routine operations. Step Three: ASsess and Evaluate the Risks Exposure: maruz kalma Frequency: sıklık Duration: süre Likelihood: ihtimal,olasılık Severity: şiddet
• Risk is the link between the hazard and
harm. The level of risk of a hazard is a combination of two factors relating to the hazard : • The likelihood of harm or loss occurring and the potential severity of the harm or loss. The likelihood and severity of are a function of several issues. Nature of hazard Some hazards may cause harm in a variety of ways. For example, a chemical may be toxic if spilt and absorbed through the skin, highly inflammable, and may give off fumes which are harmful if inhaled. This is what we mean by the number of risk factors. Hazards also vary in the degree of harm caused if exposed to them. A severe effect of exposure would include death, permanent disability or an illness such as cancer or hepatitis. Exposure : Maruz Kalma • Exposure to the hazard has an impact on both the likelihood of the hazard causing harm and/or loss and the severity of the resulting harm or loss. For
example: • how often are people exposed to a hazard (frequency), • how long is the exposure (duration), and • how many people are exposed to the hazard. • When thinking of the number of people exposed to the hazard it is important to consider the whole range of people who might be exposed from permanent employees through to contractors, cleaners, maintenance staff and visitors.
Evaluating the effectiveness of current controls At this point we need to critically evaluate the strategies or methods we currently have in place to manage the hazard. It is important to generate a full and detailed listing of all the controls in place at the time of the assessment. Many people do not realize that they are already using a variety of controls to manage their hazards. While personal protective
clothing and equipment is obvious, and often the only control identified at the outset, more important measures that are higher up the hierarchy of control are often overlooked. Using a risk assessment table to work out the risk associated with the hazard and provide a risk rating There are many different risk assessment tables available, varying considerably in the level of complexity used.
• These tables are potentially a useful tool to assist you in prioritising risks and deciding on the level of intervention required. Therefore it is important for you to find a table which you are comfortable to use and which meets the needs of your specific situation. • Using the table, assessments of likelihood and consequence can be translated into levels of risk. Areas of high risk can be given first
priority for elimination or control in the workplace. Step Four: Identifying, Implementing and Recording Controls • Identifying controls means that we ask: • How can we eliminate the hazard? Or • How can we manage it so that it doesn't cause problems • The selection and implementation of the most appropriate method of risk or hazard control is a crucial part of the process. If risk assessments are conducted well, they will provide valuable information to help decide what needs to be done to control the hazard.
Category One - Elimination Eliminating the hazard from the workplace entirely is the best way to control it. Where no hazard exists, no risk of injury or illness exists. For example: • buying ready sawn timber rather than using a circular saw dispose of
unwanted chemicals provide lifting device to eliminate the need for manual handling. 2 Substitution • If is not possible to eliminate the hazard, replace it with something less hazardous, which will perform the same task in a satisfactory manner. Some examples are: substituting a hazardous chemical with a less toxic one • replacing a telephone handset with a headset where there is frequent use of telephone • substituting a smaller package or container to reduce the risk of manual handling injuries. 3 Engineering solutions If the hazard cannot be eliminated or a safer substitute implemented, then reduce the chance of hazardous contact. For example: • enclosure (enclose in a way that eliminates or controls the risk) • guarding/segregation of people • interlocks and cut-off switches exhaust fans
4 Administrative solutions • These are the management strategies which can be introduced, training, job rotation, limitation of exposure time, provision of written work procedures. For example: • Safe systems of work that reduce the risk to an acceptable level • Written procedures that are known and understood by those affected • Adequate supervision • Identification of training needs and provision of appropriate training • Information/instruction (signs, handouts) 5 Personal protective equipment This should only be used as an interim measure to reduce exposure to a hazard. PPE must be provided free of charge and maintained by the employer. Employers are also required to ensure that workers are trained in the proper use of PPE. Examples of PPE include • masks, ear plugs, • respirators, •
helmets, • boots, • safety shoes, • overalls, etc Step Five Evaluate and Monitor Once new controls have been put in place they must be evaluated to assess their effectiveness and to determine if they have introduced any new hazards. This is done be re-assessing the risk after a specified period of time. A risk management program is cyclical. The process does not end once current workplace hazards have been successfully controlled. A systematic monitoring and review system must be implemented as it is critical to keep checking that the controls you have put in place are achieving the desired result. Only by regular monitoring and review can you ensure that this is the case. • Workplaces are dynamic and constantly changing and these changes must be reflected in the risk assessments. There is always the
potential for new hazards to be introduced into the workplace. These hazards can be due to the introduction of new technology, equipment or substances, new work practices or procedures, a change in the work environment, new staff and so on.
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