OHS for Seasonal Agricultural Workers

Who is responsible for the safety of seasonal agricultural workers?

The safety of seasonal agricultural workers is the legal responsibility of the grower who employs them. Art. 2 of Law No. 6331 on Occupational Health and Safety applies to all work and workplaces in the public and private sectors, and to all workers including apprentices and interns, regardless of their field of activity. Agriculture is not among the Law's exemptions; a farmer who produces on their own account without employing workers is outside its scope, but a grower who employs workers for the harvest, even for a few weeks, is an employer.

A common confusion arises here. Art. 4 of Labour Law No. 4857 states that its provisions do not apply to agricultural and forestry work employing 50 or fewer workers. This exemption belongs to the Labour Law; Law No. 6331 still applies to these workplaces. The employer's basic obligations are therefore the same in the field: risk assessment, information and training, health surveillance, emergency arrangements, and recording and notifying workplace accidents.

Seasonal work has a particular difficulty: workers come from other provinces for a short period, often with their families; they are found through an intermediary and work in several different fields. In plain districts of Bursa such as Karacabey and Yenişehir, and in the farmland of neighbouring provinces, the harvest season is when this structure is at its most intense. For this reason the risk assessment must cover not only the work in the field but also the worker's journey and the place where they live.

Farm worker transport: the most serious accidents happen on the road

The most serious accidents suffered by seasonal agricultural workers often happen on the way to and from the field. Art. 65 of Highway Traffic Law No. 2918 prohibits taking on passengers above the carrying limit and carrying passengers on top of a load or outside the vehicle; it also states that the principles for carrying goods and passengers to agricultural areas are to be laid down in a regulation. Practical rules for the employer and the intermediary are as follows:

• Workers are not carried in a truck bed, on a tractor trailer or on top of a load.
• There are no more people in the vehicle than seats; seat belts are worn.
• The vehicle's roadworthiness inspection and insurance must be valid, and its tyres and brakes sound.
• The driver's licence must be suitable for the vehicle; a driver who has worked through the night or arrived from a long journey is not given the morning run.
• Exit points from field tracks onto the main road and turning points are determined in advance.

If the transport vehicle is provided by the employer, an accident on the road counts as a workplace accident under Art. 13 of Law No. 5510. For rules on tractors, see our article on tractor rollover and the power take-off shaft.

Farm worker accommodation and hygiene

The places where seasonal workers stay are often temporary tent or shack settlements. If the accommodation area is under the employer's control or provided by the employer, it is part of the risk assessment. As a minimum, the following must be provided:

• Drinking and domestic water: Clean, sufficient and separate from irrigation channels.
• Toilets and washing area: Separate for women and men, close to the settlement and cleaned regularly.
• Electricity: A suitable installation with residual current protection instead of haphazardly run cables and exposed ends.
• Heating and cooking: No braziers or stoves are lit in enclosed space inside tents; there is a risk of carbon monoxide and fire.
• Waste: Rubbish and wastewater are removed away from the settlement.

The fire and electrical risk is particularly high in accommodation areas: tents are made of flammable material, pitched close together, and open fires may be used for heating at night. Leaving space between tents for access and intervention, keeping extinguishers and water on site, and appointing a person in charge for the night are simple but effective measures.

Hygiene is also linked to the chemical risk in the field. A worker in a sprayed area eating without washing their hands is one of the most common routes of exposure. For the waiting times before re-entering an area after spraying and the signs of poisoning, see our article on safety in pesticide application.

Heatstroke in agriculture

Working outdoors without shade and doing heavy physical work during summer harvests is the main cause of heatstroke in agriculture. The measures are simple but need planning:

• Heavy work is moved to early morning and late afternoon, and breaks are extended at midday.
• Shade and cool drinking water are available near the field; workers are encouraged to drink frequently without waiting to feel thirsty.
• Wide-brimmed hats and light-coloured, loose clothing are used.
• Workers new to the area are allowed a lighter pace in the first days.
• Teams watch each other; anyone noticing weakness or confusion reports it immediately.

Child labour: there should be no children in the field

In seasonal agriculture, child labour is the most sensitive issue because families migrate with their children. Art. 71 of the Labour Law prohibits the employment of children who have not completed the age of 15 and allows a limited exception for light work. Although some agricultural workplaces fall outside the scope of the Labour Law, Art. 10 of Law No. 6331 requires young workers to be treated as a group requiring special policy in the risk assessment, and periodic examinations of young workers are carried out at least every 6 months.

In practice, what the employer must do is clear:

• Check the age of everyone hired against an identity document.
• Do not let children into the field, near tractors and trailers, or into sprayed areas.
• For children arriving with families, arrange a safe waiting area outside the field and adult supervision.
• Do not give young people of working age jobs involving heavy loads, machinery or chemicals.

For the work young workers may do and their working hours, see our article on child and young workers.

Access to first aid and emergencies

Fields are often far from settlements and healthcare facilities. In an emergency, the greatest loss comes when the ambulance cannot find the field. Plan the following before the harvest begins:

1. Location information: The address and map location of each field should be written down with the team leader; the road the ambulance will use and a meeting point should be determined.
2. First aider: Under Art. 19 of the First Aid Regulation, depending on the hazard class of the workplace, one first aider is required for every 20, 15 or 10 workers. Each team should have at least one certified first aider.
3. First aid kit: One kit per team, protected from heat and sun. For its contents, see our article on first aid cabinet supplies.
4. Vehicle: A vehicle and driver that can be used in the event of serious injury should be ready at the field.
5. Communication: Areas without phone signal should be identified in advance and a means of communication between teams agreed.

You can see the specialist and physician hours and training hours for your workplace's headcount with our OHS obligation calculator tool. We have gathered which workplaces are subject to which obligations in our article on which workplaces OHS is mandatory for. Through its OHS specialist service, Bursa Sistemer OSGB prepares risk assessments for growers employing seasonal workers, including transport, accommodation and heat. For regional service information, see our Karacabey and Yenişehir pages.

Frequently Asked Questions

Does a farmer who employs workers for a few weeks also have OHS obligations?

Yes. Law No. 6331 applies to everyone who employs workers, regardless of field of activity or length of employment. A person who produces on their own account without employing workers is outside its scope.

Is an agricultural business with fewer than 50 workers exempt from OHS?

No. The exemption for 50 or fewer workers belongs to the Labour Law; Law No. 6331 applies to these businesses as well.

Can agricultural workers be carried on a tractor trailer?

Art. 65 of the Highway Traffic Law prohibits carrying passengers on top of a load or outside the vehicle, and taking on passengers above the carrying limit. Trailers and truck beds are not designed to carry people; they offer no protection in a rollover or sudden braking. Transport workers in vehicles suitable for passengers, with seats and seat belts.

What is the first thing to do in a case of heatstroke?

Call 112, move the person into the shade and cool the body. Do not give water by mouth to a person who is confused.