Workers' OHS Obligations (Art. 19)

Workers' occupational health and safety obligations: Article 19 of Law 6331

Workers' occupational health and safety obligations are set out in Art. 19 of Occupational Health and Safety Law No. 6331. The article has two paragraphs.

The first paragraph sets the general rule: workers are obliged, in line with the OHS training they have received and the employer's instructions on this matter, not to endanger their own health and safety or that of other workers affected by their actions or the work they do.

The second paragraph breaks this obligation down into five sub-paragraphs:

• (a) To use machinery, devices, tools, equipment, hazardous substances, transport equipment and other means of production in accordance with the rules; to use safety devices correctly and not to remove or alter them arbitrarily.
• (b) To use and protect the personal protective equipment provided to them correctly.
• (c) To inform immediately the employer or employee representative when they encounter a serious and imminent danger in machinery, devices, facilities and buildings, or see a deficiency in protective measures.
• (ç) To cooperate with the employer and employee representative in remedying the deficiencies and breaches identified by the authority competent to inspect.
• (d) To cooperate with the employer and employee representative to ensure OHS in their own area of work.

What are workers' OHS responsibilities based on?

The phrase the article repeats twice is important: the obligations arise "in line with the training and instructions given by the employer". In other words, the precondition for expecting a worker to follow a rule is that the rule has been explained through training and put in writing as an instruction. Moreover, the third paragraph of Article 4 of the Law is clear: Workers' obligations in the field of OHS do not affect the responsibilities of the employer. The employer is also obliged to monitor and inspect whether the measures taken are being followed and to remedy non-conformities (Art. 4/1-b).

We explained how to make hazard reporting easier in our article on the near miss reporting system. The employer's general obligations are in our article on the employer's OHS obligations.

A worker not wearing PPE: first find the cause

Art. 8 of the Regulation on the Use of PPE repeats Art. 19 specifically for PPE: workers are obliged to use the PPE provided to them correctly, to protect it and to store it in a suitable place and manner, and they report to the employer any fault or deficiency they see in the PPE. The same article also requires faulty PPE not to be used until repaired and PPE to be kept in working order at all times.

When you come across a worker who is not wearing ear protection or has pushed their goggles up onto their forehead, ask these questions before any sanction:

1. Is the PPE suited to the job? Goggles that impair vision or gloves that restrict dexterity will not be used.
2. Does it fit? One-size hard hats or safety shoes are often taken off.
3. Is it comfortable? In a hot environment a full-face mask is quickly pulled down.
4. Has its use been taught, and has it been explained why it is needed?
5. Is a replacement easy to obtain? A worker who cannot replace damaged PPE starts working without it.

If the answer to any of these questions is "no", the problem must first be solved on the employer's side. We explained how to record PPE issue and replacement in our article on PPE issue and replacement tracking.

If a worker breaks the rules: documented steps

If the rule is not being followed despite suitable PPE having been provided, training having been given and the instruction having been written down, the employer should carry out monitoring and sanctions in a documented way. A step-by-step approach could look like this:

Relevant provisions of the Labour Law:

• Wage deduction penalty (Art. 38): May be imposed only for reasons specified in the collective agreement or employment contract; it is notified to the worker immediately together with the reason and cannot exceed two days' wages in a month.
• Defence (Art. 19): An indefinite-term employment contract cannot be terminated for reasons related to the worker's conduct or performance without obtaining their defence; the right to terminate under Art. 25/II is reserved.
• Termination for just cause (Art. 25/II): The listed situations include the worker persistently failing to perform duties they are required to perform despite being reminded (h), and endangering the safety of the work through their own will or negligence (ı).
• Time limit (Art. 26): This right of termination must be exercised within six working days from the day the employer learns of the incident and in any case within one year of the act.

For the provisions, see the text of Labour Law No. 4857. Decisions with serious consequences, such as termination, should be assessed together with the business's labour law adviser.

Workers' rights: the other side of the obligation

Art. 19 should not be read on its own. Alongside obligations, the Law also gives workers rights:

• Information (Art. 16): Workers are informed about the risks and measures at the workplace and their own rights and responsibilities.
• Training (Art. 17): Training is given before starting work and when the work, equipment or technology changes.
• Consultation and participation (Art. 18): Workers or their representatives give views and make proposals on OHS matters.
• Refusal to work (Art. 13): A worker facing serious and imminent danger may apply to the committee or the employer to request a determination; if the decision is in their favour, they may refrain from working until measures are taken, and their wages are protected. If the danger cannot be prevented, they may go to a safe place without following this procedure.

A worker refusing to do a dangerous job is not always "breaking the rules"; it may be the exercise of a right under Art. 13. To tell the two apart, whether the danger is genuinely serious and imminent should be determined in a written record. We explained the employee representative's role in this process in our article on electing an employee representative.

A short checklist you can use on site

• Is there a written OHS instruction for each department, and has it been served on workers against signature?
• Is PPE suited to the risk and the right size, and are issue records up to date?
• Is there a simple channel workers can use to report hazards and near misses?
• Is the site observation form filled in regularly?
• Can warning, additional training and written warning records be tracked in a single file?
• Are disciplinary and wage deduction rules included in the employment contract or collective agreement?

We explain workers' duties and responsibilities through job-specific training as part of our OHS training, and set up the system for site observations and warning records through our OHS specialist services.

Frequently Asked Questions

Does a worker's OHS obligation reduce the employer's responsibility?

No. Under Art. 4/3 of Law No. 6331, workers' obligations in the field of OHS do not affect the employer's responsibilities. The employer remains obliged to take measures, monitor whether they are followed and remedy non-conformities.

Can a worker who does not wear PPE be penalised?

Law No. 6331 does not provide for an administrative fine against workers. The employer, however, may apply a wage deduction penalty under Labour Law Art. 38 if it is provided for in the employment contract or collective agreement, and records steps such as warnings and written warnings. In serious and repeated cases, termination under Art. 25/II may be considered.

Can a worker who breaks the rules be dismissed immediately?

Labour Law Art. 25/II lists endangering the safety of the work through the worker's own will or negligence among the grounds for termination for just cause. However, it is recommended that the decision be assessed together with the seriousness of the incident and previous records, and that legal advice be obtained. The right of termination must be exercised within six working days of learning of the incident.

Has a worker who refuses to do a dangerous job broken the rules?

Not always. If there is serious and imminent danger, the worker may exercise the right to refuse work under Art. 13. The situation is determined in a written record by the committee or the employer, and the decision is notified to the worker in writing.