The Clauses Every OSGB Contract Should Contain

An OSGB contract is not just an approval screen

The OSGB (joint health and safety unit) contract is the legal basis for assigning an OHS specialist, a workplace physician and, where required, other health personnel (DSP) to your workplace. Under Art. 14 of the Regulation on Occupational Health and Safety Services, a contract in line with the template on ISG-KATİP (the Ministry’s online OHS registration system) is drawn up between the OSGB and the employer and approved by the parties in the system within five days at the latest. One copy of the approved contract stays with the employer and one with the OSGB. A contract must be made through the system for every type of OHS service provided by OSGBs.

The ISG-KATİP contract content formalises the parties, the persons assigned and the times. But most of the questions that determine the relationship on site fall outside this record: how many times a month will the specialist come, what will be delivered after a visit, are tests and measurements included in the fee, and when and in what form will the files be handed over when the contract ends? Clarifying the answers to these questions in a written service annex signed together with the template contract prevents most disputes. Since the template text in the system may be updated over time, always read the text you see on the approval screen as well. For the approval steps, see our article on ISG-KATİP contract approval.

Clauses on the parties, the workplace and the term

The information in the first section looks minor, but the whole calculation depends on it:

Workplace details: The SGK workplace registration number, full address and, if there are several workplaces, which registration the contract covers.
Hazard class and NACE code: The 6-digit code matching your main activity. Check that the code is correct with our hazard class guide.
Number of employees and update method: The number at the date of the contract, and at what interval and according to which record the number will be updated.
Start date: It must not be before the date approval will be completed; work cannot start with an unapproved assignment.
OSGB contract term and renewal: The parties set the term. Whether the contract will be extended automatically at the end of the term or renewed by written approval should be stated clearly.

In less hazardous workplaces with fewer than 50 employees, if the parties agree, the monthly times may be combined within the same contract year or service delivery intervals may be set (Art. 11/7). If you will use this flexibility, set the visit schedule in writing at the start of the contract year.

Clauses on minutes and visits

OSGBs carry out the service provided that it is not less than the times determined by hazard class and number of employees (Art. 12/4). Art. 12 of the regulations on specialists and physicians also states that the assigned person will provide service at the workplace for the time specified in the contract. The minimum times are as follows:

Assigned person	Less hazardous	Hazardous	Very hazardous
OHS specialist (per employee, monthly)	10 min	20 min	40 min
Workplace physician (per employee, monthly)	5 min	10 min	15 min
DSP (very hazardous only, 10 or more employees)	–	–	10–49 employees 10 min, 50–249 employees 15 min, 250+ employees 20 min

Example: in a hazardous workplace with 60 employees, at least 1,200 minutes (20 hours) a month are required for the specialist and at least 600 minutes (10 hours) for the physician. You can work out your own figures with the OHS obligation calculator and find details in our article on working times.

The contract or service annex should state the following:

The monthly minutes for each assigned person and that they meet the minimum time.
Visit frequency and duration: For example, how many times a month and for how many hours each the specialist will come.
Night and weekend visits in shift-based workplaces: A specialist who sees only the day shift may never see the hours when accidents happen most often.
Visit record: Recording arrival and departure times with a form signed at the workplace or in the approved logbook.
Advance notice of the visit date: So that production can be planned around measurement, training or examination days.

Art. 14/2 of the Regulation on Occupational Health and Safety Services states that in non-public workplaces, the mandatory time cannot be split and assigned to more than one person. Sharing the minutes for the same duty between two specialists breaches this rule.

Clauses on reporting and records

The concrete output of the OHS service is its records. Write into the contract which record will be delivered when and in what form:

Approved logbook: The single logbook for each workplace in which the specialist and physician write their findings and recommendations. Findings and recommendations written in the logbook are deemed to have been notified to the employer; the original stays with the employer (Art. 7). For details, see our article on the approved logbook.
Annual work plan and annual evaluation report: The specialist prepares the annual work plan together with the physician, and the annual evaluation report in cooperation with the physician. Write the delivery dates into the contract. For the content of the plan, see our article on the annual work plan.
Visit summary: Although the legislation does not require it, asking for a short written summary and a list of open findings after each visit makes follow-up easier.
Training records: The delivery period for attendance lists, exam results and certificates.
Health files: Kept at the workplace in line with the principle of confidentiality. The employer keeps employees’ personal health files for at least 15 years from the date they leave (Art. 7/1-b).

Clauses on scope and extra services

Most of the differences between quotes come from what is included in the fee. For each of the items below, have “included”, “charged separately” or “out of scope” written down:

Pre-employment and periodic examinations and the tests requested by the physician.
Workplace environment measurements (noise, dust, chemicals, etc.).
Periodic inspections of work equipment.
Preparation and renewal of the risk assessment, the emergency plan and the drill.
Basic and refresher training, induction training; first aid, vocational and fire training.

OSGBs may not transfer all or part of the service to another person or organisation (Art. 13/4). Laboratory measurements and tests, however, are carried out by authorised laboratories and healthcare facilities; who will plan and invoice them should be stated separately. At Bursa Sistemer OSGB, we plan measurements and tests with authorised laboratories and healthcare facilities. For the factors that affect the price, see our article on OSGB prices.

Clauses the employer undertakes

The contract should contain not only the OSGB’s obligations but also what the employer must provide. The Regulation on Occupational Health and Safety Services lists some of these explicitly:

The employee representative’s view: The views of employee representatives are sought in advance on the assignment of the physician, specialist and DSP working at the OSGB from which services will be obtained (Art. 6/1-a).
Information: The employee representative and employees are informed about the assigned persons, their working hours, duties, powers and responsibilities (Art. 6/1-b).
Workspace: Even in workplaces that do not require full-time assignment, the employer provides minimum working conditions. In workplaces with 50 or more employees, a total of two rooms of no less than 8 square metres are provided for the physician, DSP and specialist, and a suitable vehicle is kept to take an employee to the nearest healthcare unit in an emergency. In workplaces with fewer than 50 employees, a suitable place is provided for use during working time (Art. 11).
Records and notifications: Records and notifications required by the legislation are made in cooperation with the OSGB (Art. 6/1-d).

In addition, writing down the name of a person at the workplace who will handle communication with the OSGB, who is responsible for closing findings, and which departments the assigned person will be accompanied into on visit days reduces problems on site.

Clauses on personnel changes and termination

The part of the contract that causes the most disputes is the moment the relationship changes or ends. The periods in the legislation are as follows:

If the assigned person is replaced for compelling reasons such as maternity, illness or annual leave, and the change exceeds 30 days, the situation is reported to the Directorate General (Art. 14/2).
The termination or expiry of the contract is reported via ISG-KATİP by the OSGB within five working days where services are obtained from outside the workplace (Art. 14/9).
Qualified personnel are assigned within 30 days to replace personnel who leave (Art. 14/10).
At the end of the contract period, all records and files are handed over to the employer by OSGBs, even if not requested (Art. 13/2).

For the practical steps of the transition, see our article on the OSGB change process.

Checklist before signing

Are the registration number, address and NACE code correct?
Is the number of employees up to date, and is the update method in writing?
Do the monthly minutes of each assigned person meet the minimum time?
Does the specialist’s certificate class match your hazard class: A for very hazardous, at least B for hazardous, at least C for less hazardous?
Are the visit frequency, shift coverage and visit recording method in writing?
Are the delivery dates of the annual work plan, annual evaluation report and visit summaries clear?
Is it stated in writing whether examinations, tests, measurements, periodic inspections and training are included in the fee?
Are the termination notice period, grounds for termination and document handover defined?
Are the contract term and the method of renewal clear?
Does the record on ISG-KATİP show the same information as the text you signed?

When requesting a quote for the occupational safety specialist service of Bursa Sistemer OSGB, you can also ask for the minute calculation, visit pattern and scope in writing. To get a quote in Bursa and the surrounding provinces, you can use our quote page.

Frequently Asked Questions

Where can I find an OSGB service contract template?

The contract is drawn up in line with the template on ISG-KATİP and approved through the system. In addition to the template text, it is recommended that both parties sign a service annex containing the details of the visit pattern, reporting, extra services and termination.

How long should an OSGB contract term be?

The parties set the term. What matters is that how the contract will be renewed at the end of the term and the termination notice period are stated clearly. If the contract ends and a new one is not approved, your workplace is left without assigned personnel.

Our headcount has increased; do we need to change the contract?

Since the minimum time is calculated according to the number of employees, the required minutes increase when the number rises. Update the time in the contract and on ISG-KATİP according to the new number; in very hazardous workplaces, the 10-employee threshold also creates the need for DSP.

Who keeps the documents when the contract ends?

OHS records belong to your workplace. Under the regulation, at the end of the contract period all records and files are handed over to the employer by OSGBs, even if not requested. Carry out the handover with a signed record.