In brief
An accident on the way to or from work in a shuttle vehicle provided by the employer is an occupational accident under Law No. 5510; contracting the shuttle out to a company does not change this. The shuttle should therefore be a subject of the risk assessment: choice of operator and the contract, vehicle and driver checks, seat belt use and, in particular, fatigue at the end of the night shift must be planned. If an accident occurs, the police are notified immediately and SGK within three working days of the day the accident became known.
Why is staff shuttle safety a matter for the employer?
Staff shuttle safety is a matter employers often leave to the shuttle operator, yet the law links these accidents directly to the employer. Art. 13 of Law No. 5510 treats an incident occurring while insured persons travel to and from the place of work in a vehicle provided by the employer as an occupational accident. Whether the shuttle vehicle belongs to the employer or is hired from a shuttle company makes no difference; what matters is that the vehicle is provided by the employer. We explain in detail which situations count as occupational accidents in our article on situations treated as occupational accidents.
This rule has two practical consequences. First, a shuttle accident triggers the employer’s notification obligation. Second, Law No. 6331 defines the workplace as an organisation that includes places attached to the workplace, annexes and vehicles (Art. 3). The shuttle is part of this organisation and should appear as a separate heading in the risk assessment.
The cost of the accident is also shared according to fault. Under Art. 21 of Law No. 5510, if the accident resulted from an act of the employer contrary to OHS legislation, payments made by the Social Security Institution (SGK) are recovered from the employer. If the accident was caused by the fault of a third party, half of the payments and of the initial capital value of the pension awarded is recovered from the third parties who caused the damage and, if at fault, those who employ them. So the fault of the shuttle company and the driver is taken into account; however, the employer’s negligence in selection and supervision is also assessed separately.
What should the shuttle operator contract include?
Most businesses running shift production in the OIZs (organised industrial zones) of Bursa and neighbouring provinces contract staff transport out to a shuttle company. The contract often covers only the route and the price. From an OHS perspective, the shuttle operator contract should also include the following clauses:
| Contract clause | Why is it needed? |
|---|---|
| Vehicle list: plate, model year, number of seats, roadworthiness test and insurance dates | You cannot carry out checks without knowing which vehicle is in service |
| Driver list and advance notice of any change of driver | Prevents a driver whose documents have not been checked from going on a run |
| Working seat belts in all seats | A precondition for passengers being able to wear a belt |
| Passengers being reminded about seat belts | Required by Art. 150 of the Highway Traffic Regulation |
| Compliance with driving and rest times | Prevents fatigued drivers on night and early morning runs |
| No standing passengers and no exceeding seat capacity | Essential for seat belt use and evacuation |
| Accidents and incidents reported to the employer on the same day | The SGK notification period starts when the accident becomes known |
| Maintenance and roadworthiness records shared on request | Needed for audits and post-accident investigation |
| First aid kit and fire extinguisher in the vehicle | Enables first response on the road |
When choosing a shuttle company, look not only at the quoted price but also at the age of its vehicles, its maintenance routine and how often it changes drivers. Verify whether the contract is being applied through unannounced checks on runs a few times a year.
The seat belt rule in shuttle vehicles
Art. 150 of the Highway Traffic Regulation requires seat belts to be fitted and used in all seats of vehicles, including minibuses and buses. The Regulation exempts passengers of minibuses and buses carrying commercial passengers within built-up areas from the seat belt requirement; however, this exception does not cover staff and school shuttle vehicles. Certain classes of urban bus that also carry standing passengers are not required to have belts fitted to their seats; in some minibuses and buses manufactured between 1998 and 2009, belts are required only in certain seats.
The practical result is this: in a shuttle vehicle with seat belts in its seats, passengers must wear the shuttle seat belt. Passengers must also be reminded about seat belts by the driver, an attendant, an audio-visual device or a sign visible from every seat.
Vehicle checks: pre-trip and periodic
Vehicle checks have two layers. The driver carries out a short check before each run; the employer inspects the company’s vehicles on site at set intervals.
Driver’s pre-trip check:
- Tyre tread depth and air pressure; tyres suitable for the season in winter.
- Headlights, indicators, brake lights and wipers.
- Any unusual noise or feel in the brakes and steering.
- Doors opening and closing, door anti-trap safety.
- Soundness of seats and belts, buckles working.
- Emergency exits and glass-breaking hammers in place.
- Fire extinguisher charged and accessible, first aid kit complete.
Employer’s periodic inspection: Vehicle roadworthiness and insurance dates, maintenance records and an unannounced check of the items above. Tie the inspection to an OHS checklist and notify the shuttle company of findings in writing. For winter preparation, see our article on safe driving in company vehicles in winter.
Shuttle driver checks: documents, hours and behaviour
The driver is an employee of the shuttle company; their health surveillance and training are also the company’s obligation. But because they carry your workers, shuttle driver checks should be on the employer’s agenda too:
- Documents: The class and validity of the driving licence, and the documents required for shuttle transport by the relevant legislation and the municipality, are requested from the company before the driver goes on a run for the first time.
- Driving and rest times: Under Art. 98 of the Highway Traffic Regulation, a vehicle may be driven for a maximum of 9 hours a day; after 4.5 hours of uninterrupted driving a 45-minute break is taken, and daily rest is 11 hours. Ask whether the driver also drives for other jobs outside the shuttle.
- Behaviour: Set up a channel for passengers to give feedback on speed, phone use and harsh manoeuvres. Pass complaints to the company in writing and follow up the outcome.
- Vehicle tracking data: If the company has a vehicle tracking system, you can write into the contract that speed and route reports are to be shared.
Our approach for your own drivers using company vehicles is in the article on company drivers and chauffeurs.
End-of-shift fatigue: drivers and passengers alike
The riskiest time for shuttle accidents is the morning hours when the night shift ends. At this time two separate kinds of fatigue overlap: passengers who have worked all night, and a driver who did the midnight run and sets off on the morning run without enough rest.
Consider the following measures in planning:
- Run plan: Prevent the same driver from doing the midnight shift-change run and the morning end-of-shift run; draw up run times driver by driver together with the company.
- Waiting time: Instead of shuttles leaving in a hurry at the end of the shift, set up a waiting arrangement that lets workers board vehicles safely.
- Manoeuvring on site: Separate the area where shuttles pull in from pedestrian routes; use a banksman if shuttles reverse.
- Drop-off points: Drop workers at lit points where they can get off safely at the roadside; training should explain that workers getting off must not step into the road in front of or behind the vehicle.
For the health effects of night work, see our article on working night shifts, and for the OHS side of shift patterns in OIZs, see OHS in shift production in Bursa OIZs.
If an accident happens: what to do in the first hours
In a shuttle vehicle accident the employer is not at the scene, so a fast flow of information is important:
- Find out the condition of the injured and which hospital they were taken to.
- Notify the police of that location immediately. Make the SGK notification within three working days at the latest; since the accident occurred outside the employer’s control, the period starts from the date the accident became known (Law No. 5510, Art. 13).
- Collect a copy of the accident report, the list of passengers in the vehicle and witness details.
- Record and investigate the accident (Law No. 6331, Art. 14) and update the risk assessment.
For the notification steps, see our article on SGK occupational accident e-notification. The basic administrative fine for 2026 for failing to notify in time is 44,443 TL; for other items, you can use the OHS administrative fines tool. In its risk assessment work, Bursa Sistemer treats the shuttle route, vehicles and shift plan as a separate heading; in our OHS specialist service, we prepare the shuttle inspection checklist. For practice at shift-based automotive suppliers, see our automotive supplier industry page.
Frequently Asked Questions
Is an accident in a shuttle vehicle an occupational accident?
Yes. An accident occurring on the way to or from the place of work in a vehicle provided by the employer is an occupational accident under Art. 13 of Law No. 5510. The fact that the shuttle is hired from a company does not change this.
Who is responsible in a shuttle accident?
If the accident was caused by the fault of a third party, SGK recovers part of the payments from the person who caused the damage and, if at fault, the person employing them; in this context the fault of the shuttle company and the driver is assessed. If there is an act of the employer contrary to OHS legislation, payments may also be recovered from the employer.
Is it mandatory to wear a seat belt in a shuttle vehicle?
In shuttle vehicles with seat belts in their seats, passengers must wear a belt. The exception granted to urban commercial passenger transport does not cover staff and school shuttle vehicles; passengers must also be reminded about seat belts.
Is an accident of a worker coming to work in their own car an occupational accident?
The commuting clause in Art. 13 of Law No. 5510 covers only vehicles provided by the employer. An accident while travelling in one’s own car or by public transport is not covered by this clause; however, if the worker has been sent elsewhere on duty, the situation is assessed separately.
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.