In brief
An OHS specialist is obliged to notify the employer in writing of the shortcomings they identify and to record them in the approved logbook; if the measure they set out for a life-threatening danger is not taken, they report it to the Ministry's competent unit. A specialist who fails to report has their certificate suspended for three months, and for six months on repetition; in an accident resulting in death or disability, a specialist whose negligence is confirmed by a final court decision has their certificate suspended for six months and all their contracts on ISG-KATİP are cancelled. Regular written notification also gives the employer the strongest record they hold during inspections and after an accident.
OHS specialist liability arises in three separate areas
Both the statement "We have a specialist, the responsibility is theirs" and the statement "The specialist is only an adviser and has no responsibility" are wrong. OHS specialist liability arises in three areas that operate independently of one another, and each involves a different party:
| Area | Legal basis | Towards whom? | Possible outcome |
|---|---|---|---|
| Professional and administrative | Law No. 6331 Art. 8/2 and 8/4; OHS Specialists Regulation Art. 34 | The Ministry | Suspension or cancellation of the certificate |
| Civil (contractual) | Law 6331 Art. 8/3; OHS Specialists Regulation Art. 11/2 | The employer to whom the service is provided | Liability for damage arising from negligence |
| Criminal | Turkish Penal Code Art. 22, 85, 89 | The public | Prosecution for negligent homicide or negligent injury |
The common denominator of this table is the written record. If what the specialist identified, when, and to whom they reported it is not on paper, the assessment becomes unclear in all three areas. For the specialist's list of duties, see our article on OHS specialist duties; this article focuses on the consequences of not carrying out those duties.
The OHS specialist's duty to notify: a verbal warning is not enough
Under Art. 8/2 of Law No. 6331 on Occupational Health and Safety, the specialist identifies and notifies the employer in writing of shortcomings and deficiencies, measures and recommendations in the workplace where they serve, taking account of the legislation and technical developments. The same paragraph also states that the employer is responsible for correcting the shortcomings and implementing the recommendations. So the division of the burden is clear: the specialist identifies and writes, the employer implements.
The standard means of written notification is the specialist writing in the approved logbook. Under Art. 11/4 of the Regulation on the Duties, Authority, Responsibilities and Training of OHS Specialists, the specialist records their findings and recommendations, activities relating to their duties and joint work with the physician in the approved logbook. Art. 7/4 of the Regulation on OHS Services sets out the consequence: findings and recommendations written in the logbook are deemed to have been notified to the employer. The employer is responsible for the logbook being signed and kept in order (Art. 7/5).
The legal value of the record depends on how it is written. Compare two examples:
- Weak record: "Press guards missing."
- Strong record: "On eccentric press no. 3 on the press line, the light barrier has been bridged and disabled. Risk of hands entering the die area; life-threatening danger. Recommendation: remove the bridge today and put the barrier back into service; do not use the press until corrected. Responsible: production manager. Deadline: same day."
The second record contains the location, the hazard, the priority, the recommendation, the responsible person and the deadline. Whether the record has been closed is also entered in the logbook at the next visit. For the layout of the logbook and sample records, see our article on the approved logbook and findings and recommendations.
Reporting a life-threatening danger to the Ministry: step by step
In some situations the Law does not consider it sufficient for written notification to stop at the employer. Under Art. 8/2, if the notified shortcoming requires an urgent stop, if there is an urgent and life-threatening danger such as fire, explosion, collapse, chemical leaks and the like, or if there is an environment that may cause occupational disease, and the employer does not take the necessary measures, the situation is reported to the Ministry's competent unit and to the authorised trade union representative if there is one, or otherwise to the employee representative.
The OHS Specialists Regulation makes this process concrete for the specialist as follows:
- Written finding: The danger is notified to the employer in the approved logbook and, if necessary, by a separate letter.
- Applying for work to be stopped: If the life-threatening danger is serious, unavoidable and requires urgent intervention, the specialist applies to the employer to have the work stopped (Art. 10/1-b). The specialist does not have the authority to stop work themselves.
- Reasonable time: A realistic period for the measure is set and written in the record.
- Reporting to the provincial directorate: If the measure is not taken within the period, the specialist reports in writing to the provincial directorate of the Labour and Employment Agency to which the workplace belongs (Art. 11/3).
- Record: The date and reference number of the report are kept on file.
How does this arrangement protect the employer?
At first sight, reporting to the Ministry looks like a process against the employer. In practice, the chain of written notification is the strongest defence record the employer holds:
- Early warning: The danger reaches management's desk in writing and prioritised before an accident happens. Budget and deadline decisions are based on this record.
- Evidence during inspections: The inspector sees identified and closed items in the logbook. A closed record is proof that the employer has taken measures.
- Allocation of fault after an accident: Under Art. 22/5 of the Turkish Penal Code, in offences committed negligently by more than one person, each person is responsible for their own fault and the penalty is determined separately according to fault. In an expert examination, the first documents showing who knew what and what they did are the finding and closure records.
- A measure of service quality: A logbook in which no findings are written for a long time is a warning to the employer that the service is not being carried out adequately.
The only condition for the record to protect the employer is that the finding is closed. A life-threatening danger record that has been written but left open for months shows that the employer knew and took no action. The same chain applies to employers receiving services from an OSGB (joint health and safety unit); for the division of duties, see our article on OSGB and employer responsibility.
Cases of specialist certificate suspension
Sanctions concerning the specialist's certificate are scattered across Law No. 6331 and the OHS Specialists Regulation. The main ones are:
| Situation | Legal basis | Consequence |
|---|---|---|
| Failing to report a life-threatening danger to the Ministry | Law 6331 Art. 8/2 | Certificate suspended for 3 months, 6 months on repetition |
| Untrue report in bad faith (by court decision) | Law 6331 Art. 8/2 | Certificate suspended for 6 months |
| Negligence confirmed by a final court decision in an accident or occupational disease resulting in death or disability | Law 6331 Art. 8/4; OHS Spec. Reg. Art. 34/2 | Certificate suspended for 6 months; all contracts on ISG-KATİP cancelled automatically |
| Warning points totalling 100 | OHS Spec. Reg. Art. 34/1 | Certificate suspended for 6 months |
| Not applying before the renewal date | OHS Spec. Reg. Art. 20/7 | Suspended until renewal is completed |
| Making a contract or providing services while suspended | OHS Spec. Reg. Art. 34/6 | Certificate cancelled outright |
During the suspension, the specialist may not exercise the powers based on their certificate (Art. 34/3). Suspensions can be appealed to the Directorate General within 10 working days of notification; however, a specialist whose certificate is suspended by a final court decision cannot use this right of appeal (Art. 34/8).
For the employer, the most critical line is the one where contracts are cancelled automatically: the workplace may be left without a specialist within a day. The employer is also obliged to report to the Directorate General a specialist whose negligence in an incident resulting in death or disability has been confirmed by a final court decision (Regulation on OHS Services Art. 5/5-e). To check the certificate status of the specialist you appoint regularly, follow the steps in our article on checking an OHS specialist certificate.
The specialist's liability in an occupational accident
After an occupational accident resulting in death or injury, the public prosecutor opens an investigation, and the incident is often assessed through an expert examination. Under Art. 22 of the Turkish Penal Code, negligence is the occurrence of a result without it being foreseen, owing to a breach of the duty of attention and care; the penalty is determined according to the perpetrator's fault. In a death, Art. 85 (negligent homicide) applies, and in an injury, Art. 89 (negligent injury).
The questions that determine whether the specialist will be found at fault are usually:
- Was the hazard that caused the accident included in the risk assessment?
- Was the specialist in a position to see this hazard on site, and if they saw it, did they report it in writing?
- If the notification concerned a life-threatening danger, was a report made to the provincial directorate?
- Had the injured person received training on this risk, and is there a record?
- Was the specialist present at the workplace for the time in the contract?
The specialist cannot stop work; their authority is to apply to the employer and, if necessary, report to the Ministry. For this reason, the specialist's liability is usually discussed in terms of not identifying, not writing and not following up, not in terms of not implementing the measure. In addition, the specialist is liable to the employer to whom they provide services for their negligence in carrying out the service (Law 6331 Art. 8/3). Our article on what to do after an occupational accident provides a checklist for the first steps after an accident.
Employer's checklist when working with a specialist
- After each visit, is there a new finding or a "no findings" note in the approved logbook?
- Are life-threatening danger records marked separately and passed to management the same day?
- Is the list of open findings updated every month with an owner and a deadline?
- Are closed items documented with photographs or a written record?
- Is the specialist's certificate valid, and is its class appropriate for your hazard class?
- Is the logbook kept somewhere it can be shown whenever a labour inspector asks for it?
In the OHS specialist service of Bursa Sistemer OSGB, we record findings in the approved logbook for businesses in Bursa and the surrounding provinces and review their closure with the employer at the next visit. You can use our OHS calendar tool to track inspection dates and annual obligations.
Frequently Asked Questions
Can an OHS specialist stop work?
No. If the life-threatening danger they identify is serious, unavoidable and requires urgent intervention, the specialist applies to the employer to have the work stopped. If the measure is not taken within a reasonable time, they report the situation in writing to the provincial directorate of the Labour and Employment Agency.
The specialist wrote the finding in the logbook and the employer did not act on it; who is responsible?
A finding written in the approved 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 becomes obliged to report it to the Ministry; if they do not, their own certificate is suspended.
What happens if the specialist does not report a life-threatening danger?
A specialist found not to have reported has their certificate suspended for three months, and for six months on repetition. During the suspension, the specialist may not exercise the powers based on their certificate.
Is the specialist penalised in an occupational accident?
Not automatically; if they are at fault, they are liable in proportion to their fault. In criminal proceedings, each perpetrator's penalty is determined according to their own fault. Records showing that the specialist identified the danger, reported it in writing and followed it up are decisive in this assessment.
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.