Several Employers in One Work Area: Cooperation

What does Art. 23 of Law No. 6331 say?

Two group companies manufacturing in the same factory building, loading work carried out by a logistics firm in its customer's warehouse, the team of a machine supplier installing a new line, or tenants in the same business centre: in all of these there are several employers in the same work area. Each employer's workers can be affected by risks created by the other.

Art. 23 of Law No. 6331 on Occupational Health and Safety regulates this situation in two paragraphs:

1. Where several employers share the same work area, the employers cooperate in implementing occupational hygiene and OHS measures, carry out the prevention of and protection from occupational risks in coordination, taking into account the nature of the work done, and inform each other and the employee representatives about these risks.
2. In places containing several workplaces, such as business centres, office blocks, industrial zones or estates, coordination is provided by the management. The management warns employers about hazards that will affect other workplaces and reports those who fail to comply with the warnings to the Ministry.

The article is short, but it is the foundation of OHS management in shared work areas and its application is broad: who coordinates in which situation, whether the risk assessment is joint or separate, and how the emergency plan is prepared are set out separately in the related regulations.

Several employers in the same work area: which rule applies?

We cover the division of responsibility between principal employer and subcontractor in our article on OHS when working with subcontractors, and the coordinator's role on construction sites in our article on the Regulation on OHS in Construction Work. This article focuses on how employers with no principal–subcontractor relationship between them should work together.

Sharing risk information: separate assessments, shared information

Art. 14/1 of the Regulation on OHS Risk Assessment is clear: employers sharing the same work area each carry out a risk assessment separately, taking into account the work carried out by the other employers; they carry out this work in coordination and inform each other and the employee representatives about the risks identified.

So instead of one joint document, you need two separate documents that are aware of each other. The easiest way to make this practical is a simple interaction table:

The minimum information to share is the risk assessment entries affecting the other employer, the relevant safety data sheets, the work permit and lockout rules, and the emergency contact list. There is an additional rule for employers that have set up an OHS committee: where there is more than one committee in the same area, employers inform the other employers about committee decisions that may affect their work (Law 6331 Art. 22/3).

Coordination lead and coordination meeting

Outside construction work, the legislation does not provide for a named "coordinator"; however, if it is unclear through whom coordination between employers will run, the obligation in Art. 23 stays on paper. It is therefore recommended that the employers sign a written coordination protocol and that each employer nominates a responsible person. The party that actually manages the area, such as the building owner or main manufacturer, is usually the one that organises the meetings.

The protocol should cover:

• Each employer's responsible person, OHS specialist and contact details.
• The definition of shared areas: corridors, ramps, canteen, car park, warehouse.
• Which rules apply for work permits, hot work and lockout.
• How, and how far in advance, the other employer will be notified when a new job, piece of equipment or chemical arrives.
• Mutual reporting of accidents and near misses.
• The joint emergency arrangements.

The legislation sets no frequency for the coordination meeting. In practice, meeting at the start of the shared work, at regular intervals and when there is a significant change is sufficient. Keep the agenda short: new work and changing risks, recent incidents and near-miss reports, findings in shared areas, planned maintenance and hot work, emergency preparedness. Decisions are minuted and each employer communicates them to its own workers. We explain the permit system for contractor teams' work in our article on what a permit-to-work system is.

Joint emergency arrangements

For emergencies, the rule differs from the risk assessment. Under Art. 17/1 of the Regulation on Emergencies at Workplaces, where several employers share the same work area, the emergency plan is prepared jointly by the employers, taking into account the work carried out by the other employers.

The joint plan should at least make clear: who raises the alarm and how, the shared assembly point, how each employer counts its own workers and to whom it reports the result of the count, which employer the firefighting, rescue, protection and first aid teams come from, a joint evacuation map and a single emergency contact list. For practice in shared buildings, see our article on the emergency plan in a shared building; for outside support in OIZs, see emergency coordination with the OIZ fire brigade.

Common coordination gaps on site

1. Two separate lockout systems. The maintenance firm uses its own padlock and production uses its own tag; nobody knows the other's rules.
2. The neighbour's hot work. One employer's welding is done next to the other's flammable storage area without warning.
3. A shared forklift route. Two employers' forklifts use the same corridor under different rules.
4. An out-of-date contact list. In an emergency, the neighbouring employer's responsible person cannot be reached.
5. No written notification. A deficiency in a shared area is mentioned to the management verbally but not reported in writing; in business centres, the management's duty to warn and report depends on this record.
6. Separate drills. Each employer holds its own drill; the shared assembly point and head count are never tested.

In workplaces in Bursa and the surrounding provinces where it provides its OHS specialist service, Bursa Sistemer OSGB helps prepare coordination protocols with neighbouring employers, and in its emergency plan work it addresses the teams and assembly arrangements of employers sharing a common area together. You can plan joint drill dates with the OHS calendar.

Frequently Asked Questions

Can two firms in the same building carry out a single risk assessment?

No. Under Art. 14/1 of the Risk Assessment Regulation, each employer carries out its own risk assessment. However, these assessments are prepared taking into account the other employer's work and in coordination; the risks identified are shared with each other.

Should the emergency plan be joint?

If you share the same work area, yes; the plan is prepared jointly by the employers. In business centres, office blocks, industrial zones and estates, each workplace prepares its own plan and the management coordinates.

Is it mandatory to appoint a coordinator?

Outside construction work, the legislation does not provide for a named coordinator. However, to be able to show that the cooperation and coordination obligation has been met, it is recommended that each employer nominates a responsible person and that this is set out in a written protocol.

Does the OIZ management have an OHS role?

Yes. Under Art. 23/2 of Law 6331, coordination in places such as industrial zones is provided by the management. The management warns employers about hazards that will affect other workplaces and reports those who fail to comply with the warnings to the Ministry.