In brief
An OSGB provides its service for no less than the hours set according to hazard class and headcount; the specialist, physician and DSP provide service at the workplace for the time stated in the contract. When hours fall short, the party held to account in an inspection is still the employer, and the shortfall may be treated as a failure to appoint a specialist or physician. Document the shortfall with records such as the sign-in/sign-out form and the approved register; choose the appropriate option from a written warning, a make-up plan, a change of personnel, termination and a complaint to the Ministry.
Why is an OSGB's shortfall in hours the employer's problem?
The complaint "our specialist drops in once a month, stays for half an hour and leaves" is often heard. Most employers see this as a service quality issue between themselves and the OSGB. Yet an OSGB shortfall in hours falls directly within the employer's area of obligation in legal terms.
The rules are clear:
- OSGBs provide services to the workplaces they contract with for no less than the hours set according to hazard class and headcount (Regulation on OHS Services, Art. 12/4).
- The OHS specialist provides service at the workplace for the time stated in the contract (Regulation on OHS Specialists, Art. 12/5). The same rule applies to the workplace physician (Regulation on Workplace Physicians and DSP, Art. 12/5) and to other health personnel (Art. 19/3).
- The employer is obliged to provide the persons it appoints with sufficient working time, no less than the hours set by the Ministry, so that they can carry out their duties (Regulation on OHS Services, Art. 5/5-d).
- Using external services does not remove the employer's responsibility (Law No. 6331 on Occupational Health and Safety, Art. 4/2).
For calculating minimum hours, see our article on workplace physician and specialist working hours, and for your own figures, the OHS obligation calculator tool.
Is the OHS specialist not coming? Documenting it with records
A shortfall in hours should be discussed on the basis of records, not impressions. The following sources should corroborate each other:
| Record | What does it show? | How does a shortfall appear? |
|---|---|---|
| Visit sign-in/sign-out form | The hours the person was at the workplace | Monthly total below the minutes in the contract |
| Gate, turnstile or visitor log | An independent time record | Discrepancy with the times on the form |
| Approved register | Visit dates and findings made | Blank pages for months or copy-and-paste findings |
| Training attendance forms | Dates and duration of training given | Planned training not delivered |
| Annual work plan | Activities planned month by month | Gap between plan and actual |
| ISG-KATİP contract | The person assigned and the monthly hours | The person coming to the site is not the person in the contract |
That the person in ISG-KATİP (the Ministry's online OHS registration system) and the person coming to the site are the same is as important as the hours. The regulation states that in non-public workplaces, the calculated mandatory hours may not be split by assigning more than one person (Art. 14/2). If specialist A is registered in ISG-KATİP but a different specialist comes to the site every month, this points to a situation contrary to this rule. We explained what to look for on screen in our article on checking ISG-KATİP assignments.
Calculating missing minutes: an example
Consider a metalworking workshop in Bursa with 60 workers in the hazardous class. The minimum time for the OHS specialist is 20 minutes per worker per month: 60 × 20 = 1,200 minutes, i.e. 20 hours a month. Let three months of sign-in/sign-out records be as follows:
| Month | Hours in contract | Actual | Shortfall |
|---|---|---|---|
| January | 20 hours | 12 hours | 8 hours |
| February | 20 hours | 6 hours | 14 hours |
| March | 20 hours | 18 hours | 2 hours |
Over three months, 36 of the 60 contracted hours were delivered, leaving a shortfall of 24 hours. In February, the hours fell to a third of the minimum. This table is the concrete basis for your discussion with the OSGB and, if necessary, a formal written notice.
Pay attention to two points when calculating. The regulation's wording is "provides service at the workplace"; clarify in advance in an annex to the contract how work done outside the workplace, such as report writing, will be counted. Second, in less hazardous workplaces with fewer than 50 workers, the employer and the OSGB may agree to combine monthly hours within the same contract year (Art. 11/7). In these workplaces, a month without a visit does not on its own show a shortfall; the annual total needs to add up.
Is the shortfall always caused by the OSGB?
No. When reviewing the records, also assess honestly the causes on the employer's side:
- Visits postponed for production reasons: The reply "we have a shipment today, come next week" shifts responsibility for the lost time to the employer.
- Other work given to the specialist: During the time they spend on OHS work, the specialist, physician and DSP may not be given other duties (Art. 14/8). Hours used for purchasing or quality work do not count towards OHS time.
- No one to talk to: Having no authorised person present on the day of the visit means findings cannot be discussed and the visit is cut short.
- Leave and illness: The assigned person may be replaced for compelling reasons such as maternity, illness or annual leave; if the change exceeds 30 days, the General Directorate is notified (Art. 14/2). Write into the contract how a temporary replacement will be arranged.
If employer-caused shortfalls are not recorded, the picture will be read one-sidedly in any future dispute with the OSGB. Note visit postponements too, with date and reason.
From a written warning to termination: your options
When you identify a shortfall in hours, follow the order below. Do every step in writing; emails and correspondence are the basis for the next step.
- Monthly reconciliation: At the end of each month, compare the hours delivered with the OSGB's service report and notify the difference in writing.
- Written warning and make-up plan: Ask for the missing hours, the reason and the dates on which they will be made up. Make-up should be done through visits added to the following month's minimum hours.
- Request a change of personnel: If the problem is specific to the person, ask the OSGB for someone else. The new person cannot start until they are entered into the contract in ISG-KATİP.
- Contractual sanctions: If your contract provides for a fee reduction or a right of termination linked to a shortfall in hours, apply it. If not, add this clause to your next contract; you can find examples in our article on OSGB contract clauses.
- Termination and a new OSGB: Plan so that the new service starts on the day the old one ends. Where services are obtained externally, termination is notified by the OSGB through ISG-KATİP within five working days (Art. 14/9). When the contract ends, the OSGB hands all records and files over to the employer, even if not asked (Art. 13/2). For the steps, see our article on the OSGB change process.
- Claiming for loss: The OSGB and the professionals it assigns are liable to the employer for their negligence in carrying out the service (Law 6331 Art. 8/3). If a fine or other loss has occurred, assess the legal route with a lawyer.
OSGB complaint: applying to the Ministry
If written warnings do not work or the shortfall is systematic, you can refer the matter to the Ministry of Labour and Social Security. According to the Ministry's frequently asked questions page, the General Directorate of Occupational Health and Safety also carries out inspections based on complaints it receives. The ISG-KATİP home page shows ALO 170 and CİMER (the Presidential Communication Centre) as channels for questions. Attach the following to your complaint:
- The OSGB's name and ISG-KATİP contract details,
- A month-by-month table of contracted and delivered hours,
- Your written warnings and the OSGB's replies,
- Any independent evidence such as gate logs.
OSGBs found to be in breach are given warning points; when the total reaches 300 points, the OSGB's authorisation certificate is suspended for six months (Arts. 21–22). We explained that a suspended OSGB cannot exercise its authority, and how this affects your workplace, in our article on checking an OSGB's authorisation certificate. A complaint does not automatically fix your own position in an inspection; so, at the same time as complaining, plan a solution to close the gap in service.
How are hours tracked at Bursa Sistemer OSGB?
Bursa Sistemer OSGB plans its OHS specialist and workplace physician services in Bursa and neighbouring provinces on the basis of the legal hours set according to hazard class and headcount. Whichever OSGB you work with, ask in the contract for visit hours to be recorded on a form signed at the workplace, and for regular reports to you on the delivery of the activities in the annual work plan. For how to set up the plan, see our article on the annual work plan.
Frequently Asked Questions
Who is fined if the OSGB does not make visits?
In an inspection, the administrative fine is imposed on the employer. Using external services does not remove the employer's responsibility; however, the OSGB is liable to the employer for its negligence. Documenting the shortfall with written records therefore protects your rights against the OSGB.
Can missing hours be made up the following month?
Minimum hours are calculated monthly; making them up shows that the shortfall has been remedied but does not cancel that month's shortfall. Only in less hazardous workplaces with fewer than 50 workers can the parties agree to combine monthly hours within the same contract year.
Can I change OSGB before the contract ends?
It depends on the termination terms in your contract. Have the contract with the new OSGB approved in ISG-KATİP in advance so that it starts on the day the old service ends; termination is notified to the system within five working days and the records are handed over to the employer.
Where can a complaint about an OSGB be made?
You can apply to the Ministry of Labour and Social Security through ALO 170 or CİMER. Attach to your application the table showing contracted and delivered hours, your written warnings and independent records.
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.