In brief
It does not. Law No. 6331 states clearly that obtaining services from experts and organisations outside the workplace does not remove the employer’s responsibilities. The OSGB identifies hazards, reports measures in writing and runs health surveillance; implementing the reported measures, providing resources and managing records are the employer’s job. The OSGB and the professionals it assigns are in turn liable to the employer for their negligence, so the division of duties should be written clearly into the contract.
An OSGB does not end the employer’s responsibility: the short answer
The sentence “We have signed with an OSGB, so workplace safety is their job now” is the misconception that hurts employers most in inspections and after accidents. Art. 4/2 of Law No. 6331 on Occupational Health and Safety answers it in a single sentence: obtaining services from experts and organisations outside the workplace does not remove the employer’s responsibilities. Paragraph 3 of the same article adds that employees’ OHS obligations do not affect the employer’s responsibility either.
Art. 5/6 of the Regulation on Occupational Health and Safety Services repeats this specifically for outsourcing: an employer who delegates its powers by obtaining services from an OSGB (joint health and safety unit) retains its obligations relating to these services.
The logic is clear. The OSGB’s specialist and physician are assigned to provide the employer with guidance and consultancy (Art. 8/2). The budget, hiring, machinery investment and production pace, however, are managed by the employer. That is why the Law states explicitly that the employer is responsible for correcting deficiencies and shortcomings and for carrying out measures and recommendations. The way to understand the relationship between the OSGB and employer responsibility is to make clear who does what.
Division of duties when OHS services are outsourced
In a workplace that outsources its OHS services, duties are usually divided as follows:
| Topic | OSGB (specialist, physician, DSP) | Employer |
|---|---|---|
| Risk assessment | Carries out the work, sits on the team | Carries it out or has it carried out, sets up the team, signs the document, implements the measures |
| Findings and recommendations | Writes them in the approved logbook, reports them to the employer in writing | Signs, implements the measure, follows it up |
| Training | Plans, delivers and keeps records | Sends employees to training; training time counts as working time |
| Health surveillance | Examinations, fitness-for-work assessment, personal health file | Provides time for examinations; does not let anyone start hazardous work without a fitness report |
| Emergencies | Guides the preparation of the plan | Assigns teams, provides equipment, has drills carried out |
| Inspection and measurement | Plans the required periodic inspections and measurements, evaluates the results | Has them carried out by authorised persons and laboratories |
| Work accident | Takes part in the investigation, evaluates the root cause | Keeps the record, reports it to SGK within 3 working days |
| PPE | Determines the PPE suitable for the job | Buys it, provides it free of charge, supervises its use |
Art. 6/1 of the Law also gives the employer obtaining the service specific duties: meeting all the needs of the OSGB, such as tools, equipment, premises and time, so that it can do its job (b); ensuring cooperation and coordination among those providing the services (c); carrying out the measures that comply with the legislation and have been reported in writing (ç); and informing the OSGB and the employees of other employers who come to the workplace about matters affecting the health and safety of employees (d). Art. 6 of the Regulation requires that the views of employee representatives be sought in advance when OSGB personnel are assigned, and that employees be informed.
The written notification chain: the OSGB identifies, the employer implements
At the centre of the chain of responsibility in outsourced OHS services is written notification:
- Identification: The specialist and physician identify deficiencies and shortcomings, measures and recommendations, and report them to the employer in writing (Art. 8/2).
- Notification: Findings and recommendations written in the approved logbook are deemed to have been notified to the employer. The employer is responsible for signing the logbook and keeping it regularly (Regulation Art. 7/4–5).
- Implementation: Implementing the reported measure is the employer’s job.
- Imminent danger: If the reported deficiency requires an emergency stop, or if there is an urgent and life-threatening danger such as fire, explosion, collapse or a chemical leak, and the employer does not take the necessary measure, the specialist, physician or OSGB management reports the situation to the competent unit of the Ministry and to the authorised trade union representative if there is one, otherwise to the employee representative. A specialist or physician who fails to report has their certificate suspended for three months (six months on repetition), and the OSGB has its authorisation certificate suspended for six months (one year on repetition).
OSGB fault: when is the OSGB liable?
The fact that the employer’s responsibility continues does not mean that the OSGB has no responsibility. Under Art. 8/3 of the Law, the organisations providing services and the workplace physicians and OHS specialists are liable to the employer they serve for their negligence in carrying out OHS services. In a work accident or occupational disease resulting in death or disability, the certificate of the specialist or physician found to have been negligent is suspended (Art. 8/4).
Common examples of OSGB fault in practice:
- Not fulfilling the minimum monthly time in the contract.
- Assigning a specialist without the certificate class appropriate to the hazard class; A class is required for very hazardous, at least B for hazardous and at least C for less hazardous workplaces.
- Not reporting findings in writing and not keeping the approved logbook regularly.
- Keeping incomplete training and examination records and delaying pre-employment examinations.
- Transferring the service to another person or organisation; OSGBs may not transfer all or part of the service (Regulation Art. 13/4).
The employer also has a supervisory duty here: the employer is responsible for ensuring that the persons it assigns and the OSGB it obtains services from are assigned with a valid authorisation certificate (Regulation Art. 5/7). For ways to check the authorisation and certificate class when choosing an OSGB, see our article on what to look for when choosing an OSGB.
What should be written into the contract
The contract between the OSGB and the employer is drawn up in line with the template on ISG-KATİP (the Ministry’s online OHS registration system), and both parties approve it in the system within 5 days at the latest; personnel cannot start work with an unapproved assignment (Regulation Art. 14). For the process, see our article on ISG-KATİP contract approval. We recommend attaching a service annex to the template contract that clarifies the division of duties:
- The names, certificate classes, monthly times and visit pattern of the assigned specialist, physician and DSP.
- A written summary of the work done after each visit.
- Reporting: delivery dates for the approved logbook, the annual work plan, the annual evaluation report, and training and examination lists.
- In-scope and out-of-scope work: risk assessment, emergency plan, training; planning of measurements and periodic inspections, and who pays for these services.
- Notification and replacement when personnel change; a replacement is assigned within 30 days for personnel who leave.
- How to reach the OSGB in a work accident or emergency, and the expected first steps.
- Termination: notice is given via ISG-KATİP within 5 working days; at the end of the contract the OSGB hands over all records and files to the employer even if not requested (Art. 13/2).
Who is fined in an inspection?
The addressee of administrative fines is the employer. Examples of 2026 base amounts:
| Breach | 2026 base amount |
|---|---|
| Failing to carry out a risk assessment | 66,725 TL; 100,119 TL every month the breach continues |
| Failing to assign a specialist or physician | 111,263 TL per person; every month |
| Failing to provide health surveillance | 22,194 TL per employee |
| Failing to provide training | 8,980 TL per employee |
| Breach of emergency obligations | 22,194 TL for each obligation; every month |
Fines calculated per workplace are increased under Art. 26/3 according to headcount and hazard class; no increase is applied to those calculated per employee. Sanctions imposed on the OSGB (such as certificate suspension) do not remove the employer’s fine. For calculations you can use the OHS administrative fines tool, for inspection day our article on preparing for a labour inspection, and for the appeal route our article on appealing an OHS administrative fine. For a similar division of responsibility between the principal employer and a subcontractor, see our article on subcontractor OHS responsibility.
In our occupational safety specialist service at Bursa Sistemer OSGB, we turn our findings into an action list the employer can follow by recording them in the approved logbook and written reports.
Frequently Asked Questions
Is an employer working with an OSGB still responsible?
Yes. Under Art. 4/2 of Law No. 6331, outsourcing services does not remove the employer’s responsibility. The OSGB identifies and recommends; implementing measures, providing the necessary resources and managing records remain the employer’s obligations.
What happens if I am fined because of the OSGB’s mistake?
In an inspection the fine is imposed on the employer. However, under Art. 8/3 of the Law, the OSGB and the specialist and physician it assigns are liable to the employer for their negligence in carrying out the service. For this reason, writing the division of duties and reporting clearly into the contract strengthens the employer’s hand in any later dispute.
What happens if I do not implement a finding written in the approved logbook?
A finding in the logbook is deemed to have been notified to the employer, and implementing the measure is the employer’s responsibility. If the finding concerns a life-threatening danger and no measure is taken, the specialist and physician are obliged to report it to the Ministry; if they do not, their own certificates are suspended.
Does changing the OSGB affect responsibility?
No; responsibility lies with the employer in every case. The real risk in a change is a service gap: there should be no days without an assignment between the termination of the old contract and the approval of the new one. For the steps, see our article on the OSGB change process.
A certified specialist matched to your hazard class: site inspections, approved logbook, training plan, annual plan and report follow-up.
Bursa SİSTEMER OSGB Technical Team — written from the field experience of our OHS specialists and workplace physicians. Legal information is valid as of the publication/update date; contact us for an assessment specific to your business.