In brief
The legislation recognises both routes: the employer may appoint the specialist and physician from among its own employees, or obtain all or part of the service from an OSGB. Where a full-time appointment is needed (for example, one full-time specialist for every 500 employees in the hazardous class and every 250 in the very hazardous class), the employer sets up a workplace health and safety unit with room and equipment requirements. The decision should weigh the time calculation, cover and leave arrangements and the management load together. In both models, legal responsibility remains with the employer.
The legislation recognises both routes
"In-house OHS specialist or OSGB?" is a question every growing business in Bursa's OIZs (organised industrial zones) asks at some point. Under Art. 6/1-a of Law No. 6331 on Occupational Health and Safety, the employer appoints the OHS specialist, the workplace physician and, in very hazardous workplaces with ten or more employees, other health personnel from among its employees. If there is no staff member with the required qualifications among its employees, it may obtain all or part of this service from OSGBs (joint health and safety units) or ÇASMERs (public employee health centres). Art. 5 of the Regulation on OHS Services repeats the same structure.
Three models follow from this provision:
- In-house (employed) specialist and physician: The people are employees of the workplace; the contract or appointment document is drawn up in ISG-KATİP (the Ministry's online OHS registration system) between the employer and the individual.
- Service from an OSGB: The specialist, physician and DSP are OSGB staff; the contract is made between the employer and the OSGB.
- Mixed model: For example, an in-house specialist, with the physician and DSP from an OSGB.
Whichever you choose, the clear provision of the Law does not change: obtaining services from outside the workplace does not remove the employer's responsibilities (Art. 4/2). Art. 5/6 of the regulation also states that the obligations of an employer who appoints staff or obtains services from an OSGB continue. Choosing a model is not a transfer of responsibility but an organisational decision.
When is a full-time specialist mandatory?
The minimum monthly times per employee are 10 / 20 / 40 minutes for the specialist and 5 / 10 / 15 minutes for the physician (less hazardous / hazardous / very hazardous). When the number of employees exceeds certain thresholds, the appointment becomes full-time:
| Hazard class | Full-time specialist | Full-time physician |
|---|---|---|
| Less hazardous | 1 per 1,000 employees | 1 per 2,000 employees |
| Hazardous | 1 per 500 employees | 1 per 1,000 employees |
| Very hazardous | 1 per 250 employees | 1 per 750 employees |
For employees above the threshold, an additional appointment is made using the minute calculation. Three examples:
- Hazardous workplace with 180 employees: Specialist 180 × 20 = 3,600 minutes (60 hours/month), physician 180 × 10 = 1,800 minutes (30 hours/month). No full-time appointment is required.
- Hazardous workplace with 600 employees: One full-time specialist for the first 500 employees; for the remaining 100 employees, 100 × 20 = 2,000 minutes (about 33 hours/month) of additional specialist time. Physician 600 × 10 = 6,000 minutes (100 hours/month).
- Very hazardous workplace with 300 employees: One full-time specialist for the first 250 employees and 50 × 40 = 2,000 minutes of additional time for the remaining 50. Physician 300 × 15 = 4,500 minutes (75 hours/month). As there is no full-time physician, a DSP is also needed: 20 minutes per employee for 250 or more employees, i.e. 6,000 minutes (100 hours/month).
You can try your own numbers in the OHS obligation calculator, and find the details of the calculation logic in our article on working times for workplace physicians and specialists.
Setting up an OHS unit: the requirements
Where the specialist and physician must be appointed full-time because of the required time, the employer sets up a workplace health and safety unit (İSGB) (Law Art. 8/6; Regulation Art. 5/3). In this case, the weekly working time set under Labour Law No. 4857 is taken into account in the time calculation.
In workplaces that do not require a full-time appointment, lighter requirements apply (Art. 11): in a workplace with 50 or more employees, a total of two rooms of no less than 8 m² for the physician, DSP and specialist and a suitable vehicle for emergencies; in a workplace with fewer than 50 employees, a suitable place to be used during working hours. These requirements also apply to workplaces obtaining services from an OSGB; in other words, the OSGB model does not completely remove the need for a room.
Other rules to note when employing your own OHS specialist:
- The contract or appointment document is drawn up in line with the template in ISG-KATİP and approved by both parties in the system within 5 days at the latest (Art. 14/3-b). For details of the approval process, see our article on ISG-KATİP contract approval.
- The specialist, physician and DSP may not be given other duties during the time they carry out OHS work (Art. 14/8). If you plan to make your in-house specialist also responsible for quality or environment, bear this limit in mind.
- In workplaces outside the public sector, the calculated mandatory time may not be divided between more than one person (Art. 14/2).
- If a change made for compelling reasons such as maternity, illness or annual leave lasts more than 30 days, it is notified to the Directorate General; a replacement for mandatory personnel who leave is appointed within 30 days (Art. 14/2 and 14/10).
In-house OHS specialist or OSGB: comparison table
| Topic | In-house (employed) | Service from an OSGB |
|---|---|---|
| Legal responsibility | With the employer | With the employer; the OSGB is liable to the employer for its negligence (Art. 8/3) |
| ISG-KATİP contract | Between the employer and the individual | Between the employer and the OSGB |
| Presence on site | For the whole working time if full-time | For the time in the contract, through planned visits |
| Leave, illness, departure | The employer finds cover; the 30-day rule applies to the employer | The OSGB plans cover; the employer monitors |
| Room and equipment | If full-time, İSGB requirements: rooms, Annex 1 equipment, vehicle | Room or suitable place requirement in Art. 11 |
| Team structure | Specialist, physician and DSP employed separately | Specialist, physician and DSP from the same organisation |
| Professional independence | The Law says their rights and powers may not be restricted (Art. 8/1) | The same protection applies |
| Management load | Recruitment, performance, professional development and cover with the employer | Contract management and oversight of the service with the employer |
OSGB advantages and limits
OSGB advantages are mostly about scale and continuity:
- The specialist, physician and DSP come under a single contract and from the same team. To obtain authorisation, an OSGB must employ at least one full-time physician, one specialist and one DSP.
- If staff are on leave, ill or leave, cover is arranged by the OSGB's organisation.
- In small and medium-sized workplaces, where the required time is not enough to fill a full-time post, the service can be obtained on a minute scale.
The limits are also clear: OSGB staff are on site for the time in the contract; the quality of the service depends on the regularity of visits and reporting. OSGBs may not transfer all or part of the service to another person or organisation (Art. 13/4). So when choosing an OSGB, you need to check its authorisation certificate, the specialist's certificate class and its reporting arrangements; for the criteria, see our article on what to look for when choosing an OSGB, and for the factors that determine the fee, our article on OSGB prices.
Which model for which business?
Follow this order for the decision:
- Calculate the time: Work out the monthly minutes for the specialist, physician and DSP from the hazard class and headcount.
- Check the threshold: Is the threshold for full-time appointment exceeded?
- Weigh the unit requirements: Can you meet the room, equipment and vehicle requirements?
- Think about cover: When your in-house specialist goes on leave or leaves, whom will you appoint within 30 days?
- Consider the physician and DSP separately: Having an in-house specialist does not require the physician to be in-house too; a mixed model is possible.
In practice, an in-house specialist for 800 minutes of specialist time per month in a hazardous workshop with 40 employees is often not realistic. In a hazardous factory with 600 employees, however, the obligation for a full-time specialist arises; at this point the in-house specialist, unit requirements and cover arrangements need to be assessed concretely. In a mixed model, a business with an in-house specialist can obtain physician and DSP services externally under workplace physician services.
In our OHS specialist service we do not make this decision for you; we work out the time calculation, unit requirements and need for cover together with you and compare the two models in the same table. For the legal framework of OSGBs, see also our article on what an OSGB is.
Frequently Asked Questions
Is it mandatory to employ your own OHS specialist?
No. If there is no staff member with the required qualifications among its employees, the employer may obtain all or part of the service from an OSGB or ÇASMER. Where a full-time appointment is required, the employer sets up a workplace health and safety unit meeting the room and equipment requirements in the legislation.
Can an in-house specialist be given other duties?
Under Art. 14/8 of the Regulation on OHS Services, the specialist, physician and DSP may not be given other duties during the time they carry out OHS work. In a full-time appointment, the whole working time falls within this scope, so additional duties such as quality or environmental responsibility conflict with this limit in practice.
Can I employ the specialist in-house and get the physician from an OSGB?
Yes. The Law allows "all or part" of the service to be obtained externally. In a mixed model, a separate contract is drawn up in ISG-KATİP for each appointment, and the employer ensures coordination between the two parties.
What happens if the in-house specialist leaves?
If the appointment was made from within the workplace, the employer notifies the end of the contract via ISG-KATİP within 5 working days. A new specialist with the required qualifications must be appointed within 30 days; temporary service from an OSGB is also an option to avoid a gap in service during this period.
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.