In brief
Art. 13 of Law No. 6331 gives a worker facing serious and imminent danger the right to apply to the OHS committee or, if there is no committee, to the employer to request that the situation be determined. The committee meets urgently, the employer decides immediately, and the decision is recorded and notified in writing to the worker and the employee representative. If the decision is in favour of the request, the worker may refrain from working until measures are taken; their wages and other rights for this period are protected.
What is the right to refuse work?
A worker asked to work at a floor edge whose guardrail has been removed, a maintenance technician asked to enter a tank where no gas test has been carried out, or an operator told to keep producing on a press with a faulty light curtain… These workers have the right to say "I will not work under these conditions". The right to refuse work is set out in Art. 13 of Occupational Health and Safety Law No. 6331.
The right is not an arbitrary walk-out; it has a specific procedure. The worker first applies to the committee or the employer, the committee or employer decides, and the decision is put on record. This procedure both protects the worker and gives the employer the chance to remove the danger quickly. This article explains the process from application to decision, and how wages and rights are protected during this time.
What does serious and imminent danger mean?
The Law does not separately define "serious and imminent danger". In practice, two elements are sought together: the danger must be serious, that is, capable of causing death or serious injury; and it must be imminent, that is, highly likely to materialise within a short time. An exposure affecting health in the long term may be serious but may not count as imminent; in that case a different route is used.
| Situation | Assessment |
|---|---|
| Request to work at a floor edge with no edge protection and no anchor point to attach to | Typical example of serious and imminent danger |
| Production on a press with its guard removed or light curtain disabled | Typical example of serious and imminent danger |
| Request to enter a tank or pit where no gas test has been carried out | Typical example of serious and imminent danger |
| Working on a mobile elevating work platform when the wind limit on its label is exceeded | May be serious and imminent danger |
| Long-term work in a dusty environment where no measurement has been made | A serious risk; usually not counted as "imminent", and the reporting and measures route is followed |
| Uncomfortable temperature because the heating is broken | Usually not counted as serious and imminent danger |
The assessments in the table are for guidance; the final decision is made by the committee or employer in light of the circumstances of the event. Workers need not stay silent about dangers that are not serious and imminent either: Art. 18 of Law 6331 sets out the right to give views and make proposals, and Art. 19/2-c the obligation to inform immediately the employer or employee representative on seeing a serious and imminent danger.
Applying to the OHS committee and the decision process
Under Art. 13/1, a worker facing serious and imminent danger may apply to the OHS committee if there is one at the workplace, or otherwise to the employer, and request that the situation be determined and the necessary measures decided. A committee is set up in workplaces with 50 or more workers where continuous work lasting more than six months is carried out (Art. 22); for how the committee works, see our article on how to set up an OHS committee.
The process works as follows:
- Application: The worker applies to their supervisor and to the committee or employer as soon as they see the danger. The application may be made verbally, but a written note showing the time and subject of the application prevents later disputes.
- Urgent meeting or immediate decision: The committee meets urgently; the employer decides immediately. Articles 8 and 9 of the Regulation on OHS Committees state explicitly that the committee meets urgently on requests to refuse work, without waiting for the ordinary meeting schedule.
- On-site determination: Before the decision, the dangerous point is seen on site and the OHS specialist's opinion is obtained.
- Record: The situation is determined in a written record.
- Written notification: The decision is notified in writing to the worker and the employee representative.
- Measures and restart: If the decision is in favour of the request, the worker may refrain from that work until the necessary measures are taken. That the measure has been taken is also recorded, and the work restarts after that.
If the danger cannot be prevented: the right to leave without the procedure
In some situations it is not possible to wait for the committee to meet. Under Art. 13/3, where serious and imminent danger is unavoidable, workers leave the workplace or the dangerous area and go to the designated safe place without having to follow the application procedure, and their rights cannot be restricted because of this. A fire, a gas leak, signs of structural collapse or an uncontrolled chemical release are such situations.
This provision is read together with the evacuation obligation in Art. 12: the employer makes arrangements and gives instructions in advance so that workers can stop work and go to a safe place in such a situation; while the situation continues, it cannot ask anyone other than specially assigned and equipped persons to continue working. The assembly points and evacuation instructions in your emergency plan are the on-site form of this right.
Wages and rights during refusal to work
The Law ensures through several paragraphs that a worker who exercises the right does not suffer as a result:
| Situation | Outcome under the Law |
|---|---|
| The committee or employer decided in favour of the request and the worker refrained from working | Their wages for this period and other rights arising from laws and the employment contract are protected (Art. 13/2) |
| The danger was unavoidable and the worker went to a safe place without following the procedure | Their rights cannot be restricted (Art. 13/3) |
| The necessary measures were not taken despite the request | A worker employed under an employment contract may terminate it in accordance with the laws to which they are subject (Art. 13/4) |
| The worker applied to the competent authority because measures were inadequate | Their rights cannot be restricted because of this application (Art. 18/3) |
| The work was stopped by an inspector's decision under Art. 25 | Art. 13 does not apply; the work stoppage regime applies (Art. 13/5) |
If the decision is not in favour of the request, that is, if the committee or employer decides there is no serious and imminent danger, the right to refrain under Art. 13/2 does not arise. If the worker disagrees with this decision, they may apply to the competent authority, for example the units responsible for labour inspection; Art. 18/3 states that their rights cannot be restricted because of this application. If the danger is unavoidable in nature, Art. 13/3 applies in every case.
Checklist for the employer and the specialist
A request to refuse work, if well managed, is not a conflict but an opportunity to identify a problem. The following preparations speed up the process:
- Put the application route in writing. If there is a committee, to the committee secretary; if not, make it clear by name and phone number to whom the application is made and who decides outside normal shift hours.
- Define decision-making authority on every shift. On the night shift, a deputy who can decide immediately on the employer's behalf should be designated.
- Keep a record form ready. A blank form in the committee file saves time at the moment of decision.
- Record the close-out of measures. Once the danger is removed, write down who checked it and when the work restarted.
- Record it as a near miss. Every application is feedback to the risk assessment; it can be tracked in the same record system as the near miss reporting system.
- Employee representative and training. Workers should learn about this right and the procedure in training; for the representative's role, see our article on electing an employee representative.
Giving the worker other work unrelated to the danger until measures are taken is a common approach in practice; however, this must not turn into a change that affects their wages and rights.
As part of our OHS specialist services for businesses in Bursa and neighbouring provinces, we put the application route, the record form and the committee's urgent meeting procedure in writing, and assess requests through on-site determination. On construction sites, for example, requests relating to wind, edge protection and scaffolding are the most common. To check your obligation to set up a committee and your specialist time, you can use our OHS obligation calculator.
Frequently Asked Questions
To whom does a worker apply to exercise the right to refuse work?
To the OHS committee if there is one at the workplace, otherwise to the employer. The committee meets urgently, the employer decides immediately, and the decision is recorded and notified in writing to the worker and the employee representative.
Are wages paid during the period of refusal?
Yes. If the committee or employer decided in favour of the request, the wages for the period of refusal and other rights arising from law and the employment contract are protected (Law 6331 Art. 13/2).
If the danger is very urgent, must the committee's decision be awaited?
No. If the serious and imminent danger is unavoidable, the worker leaves the workplace or the dangerous area and goes to a safe place without following the application procedure; their rights cannot be restricted because of this (Art. 13/3).
What can the worker do if the committee rejects the request?
In this case the right to refrain under Art. 13/2 does not arise; however, if the worker believes the measures are inadequate, they may apply to the competent authority under Art. 18/3, and their rights cannot be restricted because of this application. If measures are not taken despite the request, the right of termination under Art. 13/4 comes into play.
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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.