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CONSTRUTION SAFETY AND ENGINEERING ETHICS Chapter 2: Legal Framework Dr. Özgür KÖYLÜOĞLU Yeditepe University, Faculty of Engineering Civil Engineering Department, Room: A-202A E-mail: [email protected]

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CONSTRUTION SAFETY AND ENGINEERING ETHICS

CONSTRUTION SAFETY AND ENGINEERING ETHICSChapter 2: Legal Framework

Dr. zgr KYLOLU

Yeditepe University, Faculty of EngineeringCivil Engineering Department, Room: A-202AE-mail: [email protected] Occupational Health and Safety Law Law No: 6331, Date of Enactment: 20/06/2012Motivations for this Law:Directives of European Union (Directive No 89/391)ILO Agreements No. 155 and 161 Scope: All employee and all work spaces excluding; TSK (army), public security, disaster response teams, home services, self employed individuals working alone. (No exemption for public services except public security)Regulations can be obtained at:http://www.csgb.gov.tr/csgbPortal/isggm.portal?page=mevzuat&id=3

Previous Occupational Health and Safety RegulationsThe Business Law #4857- Section 5- Occupational Health and Safety With enforcement of the Law# 6331, Section 5 of Law #4857 (Articles 77 thru 89, Articles 95, 105 and provisional article #2) became INVALIDResponsibility of Owner & Owners RepresentativeEmployers Representative definition in Law#4857;Those operating on behalf of the Employer and undertaking the duties of management of the work, workplace and operation, are named as Employers Representative.Any kind of responsibility and duties defined in this Law (#4857) for the Employer applies jointly to the Employers Representative.Employers Representative definition in Law#6331;Employers Representatives operating on behalf of the Employer, undertaking duties of management of the work and workplace, are regarded as Employer in applications of this Law (#6331).

Responsibility of Prime Employer and Sub-EmployerIn Law#4857;Prime employer is mutually responsible with the subcontractor, against the employee of the sub-contractor, related to the workplace, for obligations arising from this Law (#4857), or from the Employment Agreement or the Collective Bargaining Agreement of the sub-contractor.Definition of WorkplacesIn Law#6331;The places where physical or immaterial elements and the employee are organized for the purpose of production of goods or services and which is related with the production of goods or services of the employer in terms of the qualifications and places connected to the workplace under the same management and organization including other addendums and equipments such as break room, breastfeeding room, dining hall, dormitory, bathroom, infirmary and maintenance, training rooms, classrooms and courtyards.The Civil Engineers usually are taking the positions such as;Project engineerProject controllerSite ManagerTechnical Manager (Fenni Mesul=Teknik Uygulama Sorumlusu-TUS)Construction Inspector (Yap Denetim Grevlisi)Health and Safety SpecialistHealth and Safety Preparation Coordinator (Hazrlk Koordinatr)Health and Safety Application Coordinator (Uygulama Koordinatr)Understanding the Possible Responsibilities as a Civil EngineerPrinciples of protection from risks (Article 5)Avoiding risksEvaluating the risks which cannot be avoidedCombating the risks at sourceAdapting the work to the individual, as regards to design of work places, choice of work equipment and the choice of work and production methodsAdapting to technical progressReplacing the dangerous by the non- or less-dangerousDeveloping an overall prevention policy which covers technology, organization of work, working conditions, social relationships and working environment Giving collective measures priority over individual protective measuresTurkish Occupational Health and Safety Law (#6331) Turkish Occupational Health and Safety Law)Risk Classifications of types of work: Very Hazardeous (Class A workspaces)Hazardeous (Class B workspaces)Less Dangerous (Class C workspaces)Risk levels of work classes are published in the notification issued by the ministryCode of risk level for a particular work is also reflected in the SGK (Social Security) Registry Number (NACE code).Sample SGK Registry No: 4 4312 0101 1114015 041 07 79 000 Occupational Safety Specialist & Occupational Physician Requirements All workspaces, regardless of number of employee, having hazard risk, has to employ occupational safety specialists and occupational physicians, according to the law.Employment of the safety specialist and occupational physicans can be on part-time basis, full time basis, the employer may have the qualifications, or services can be obtained from a company providing these services.If requirement dictates full time employment of occupational physician and safety specialist, a separate Occupational Health and Safety Department has to be founded.Minimum Requirements for ServicesOccupational Safety Specialist (SG Uzman)For less than 10 employees in less dangerous classified workplace minimum 60 minutes/employee/year. Otherwise;For less dangeorus workplace min. 10 minutes/employee/monthFor hazardeous workplace min. 15 minutes/employee/monthFor very hazardorus workplace min. 20 minutes/employee/monthOccupational Physicians (yeri Hekimi)For less dangeorus workplace min. 10 hours/month and 20 minutes/employee/yearFor hazardeous workplace min. 15 hours/month and 25 minutes/employee/yearFor very hazardorus workplace min. 20 hours/month and 30 minutes/employee/yearTurkish Occupational Health and Safety Law Workplaces classified as very hazardous and hazardous and having less than 10 employee will be subsidized by the government (Article 7).

Turkish Occupational Health and Safety Law Health Surveillance is required at the pre-assignment phaseJob change after the assignment,In case of return to work following repetitive absence from work due to occupational accidents, occupational diseases or health problems upon request,At regular intervals recommended by the Ministry in the course of employment taking into account the workers, the nature of work and hazard class of the enterprise(Article 15).Turkish Occupational Health and Safety Law The employer shall set up an occupational health and safety committee where a minimum of fifty employees are employed and permanent work is performed for more than six months. Employers are under the obligation to enforce the decisions of the occupational health and safety committeesTo coordinate other employers within the same workplaceTo send an authorized representative to the committee set up by the sub-contractor or to get an authorised representative in her own committee from the sub-contractor(Article 22).

National CouncilNational Occupational Health and Safety Council will act as a counsultative body for national policies and strategies.The council will have regular meetings twice a year.Council will be formed from Occupational Health and Safety General Manager of the Ministry, General Manager of the Labor, Head of the Labor Inspection Board, General Managers from Ministries of Science, Industry and Technology; Environment and Urban Planning; Energy and Natural Resources; Food, Agriculture and Livestock; Development; Education; Health and representatives from employers and employee.

Turkish Occupational Health and Safety Law The employer will prepare emergency plans, Designate a rescue team of adequate number of people sufficiently equipped in prevention, protection, evacuation, fire fighting, first aid and other related issues,Arrange any necessary contacts with external services, as regards to first aid, emergency medical care, rescue work and fire-fighting.(Article 11).

Obligations of the EmployerThe employer is responsible from the occupational health and safety of his/her employees.Carrying out Risk Analysis, Preparing Emergency Plans,Organizing Trainings on Occupational Health and SafetyTaking Measures on SiteProviding Necessary Equipments and ToolsPreparing Procedures and Directives for Health and SafetyFacilitating Feedback and Contribution of EmployeesAuditing on site for compliance to the safety measures and taking corrective measures.

Obligations of the EmployerFirefighting PlansFirst Aid and Evacuation PlansHealth SurveillanceControlling suitability of the employee for the assignment Taking measures for 3rd parties who are not authorised to enter the site.

Non-Transferability of the ObligationsProviding services from the specialty companies or professionals does not waive responsibilities of the employerResponsibilities of the employee does not waive the responsibility of the employerThe employer shall not imburse the costs of the occupational health and safety on the employee.

Obligations of the EmployeeThe employee, having the knowledge they obtained from the trainings, shall follow the instructions of the employer and shall not put himself/herself and other employee in danger.The employee shall use the machinery, equipment, tools, dangerous substances, loaders and other production machinery in accordance with the instructions, shall use their safety equipment properly and will not change or dispose these without instructions.

Obligations of the EmployeeThe employee shall use the protective equipments provided to them properly and will protect them from damage.When faced with an immediate danger regarding health and safety, or when faced with an inadequate protection measure, the employee shall inform the employer or his/her representative in writing.

The employee shall cooperate with the employer or his representative for provisions of occupational health and safety.Rights of EmployeeThe employee has the right to stop working when faced with a serious and close danger and apply to the council or the employer if council does not exist for assessment of the situation and ask for safety precautions (article 13). All decisions and determinations should be on written documentation and should be signed by both sides.

Incompliance Penalties - EmployerFailure to carry out risk analysis --- 3000 TL (for continued incompliance 4500 TL/month)Failure to prepare emergency plans, firefighting, first aid, evacuation plans for emergency/prevention --- 1000 TL for each failure (for continued incompliance 1000 TL/month)Penalty to the employer for failure to facilitate occupational health and safety, for failure to provide safety equipments, for failure to provide trainings, for failure to disseminate information, for failure to satisfy the obligations --- 2000 TL for each failure.Inspection of the WorkplacesThe Ministry Auditors can carry out inspections on the workplace (Article 24).For inspection principles Law #4857 articles 92, 93, 96, 97 and 107 are referred.

Inspection of the WorkplacesIf a dangerous occurance is noticed, the works can be suspended.An inspection team of 3 auditors investigate the situation and may decide to suspend the works within 2 days after the investigation.

Upon employers notification of the Ministry for correction of the situation, the inspectors revisit the workplace within 7 days to waive the suspension.Incompliance Penalties - EmployeeLayoff (Law No. 4857; 25-II: verenin Hakl Nedenle Derhal Fesih Hakk)

) inin kendi istei veya savsamas yznden iin gvenliini tehlikeye drmesi, iyerinin mal olan veya mal olmayp da eli altnda bulunan makineleri, tesisat veya baka eya ve maddeleri otuz gnlk cretinin tutaryla deyemeyecek derecede hasara ve kayba uratmas. .nedeniyle usulne uygun olarak (yazl olarak 2 kez uyardan sonra),inin i szlemesini bir tazminat demeksizin feshedebilir.

Accident PenaltiesIf an accident results in death or disablement of an employee as attributable to failure of the occupational safety specialist or occupational physician, their licence will be suspended.DocumentationsThe employer shall keep records for all work accidents and occupational health hazards, shall carry out investigations and prepare reports for all cases including those which are prevented with a last minute involvement.

DocumentationsThe employer shall notify the Social Security Institution (SGK) within 3 days upon an accidentupon being informed by the health services provider or occupational physician about a occupational health problem

DocumentationsMinistry of Labor and Social Security is authorized to collect any kind of documents and information on an electronic platform, to keep records and to make approvals, to authorize or to give certificates on these platforms.

AwarenessTurkish Radio-TV Institution and private national, regional and local media shall broadcast minimum 60 minutes per month; providing warnings and education on occupational health and safety, prevention of unregistered employment, social security, employer-employee interaction..

Employee RepresentativeAn employee representative will be elected by the employers or will be appointed for the purpose of making proposals, asking for preventive measures and coordination between the employee and the employer for all workplaces.For 1-50 employee 1 representativeFor 51-100 employee 2 representativesFor 101-500 employee 3 representativesFor 501-1000 employee 4 representativesFor 1001-2000 employee 5 representatives

Service ProvidersLicenced Common Health Safety Units (Ortak Salk Gvenlik Birimleri OSGB)

LicencingLicence for Class A, B or C can be obtained after trainings from authorized institutions and passing the exam implemented by the SYM.Licence is given by the Ministry of Labor and Social Security. Regulations Issued by the MinistryRegulations for the Health and Safety Precautions for Working with Asbestos (Asbestle almalarda Salk ve Gvenlik nlemleri Hakknda Ynetmelik) 01/2013Asker yerleri ile Yurt Gvenlii iin Gerekli Maddeler retilen yerlerinin Denetimi, Teftii ve Bu yerlerinde in Durdurulmas Hakknda YnetmelikBalk Gemilerinde Yaplan almalarda Salk ve Gvenlik nlemleri Hakknda YnetmelikBiyolojik Etkenlere Maruziyet Risklerinin nlenmesi Hakknda Ynetmelik Byk Endstriyel Kazalarn nlenmesi ve Etkilerinin Azaltlmas Hakknda YnetmelikEkranl Aralarla almalarda Salk ve Gvenlik nlemleri Hakknda YnetmelikManual Handling Regulations Elle Tama leri Ynetmelii 07/2013

Regulations Issued by the MinistryGebe veya Emziren Kadnlarn altrlma artlaryla Emzirme Odalar ve ocuk Bakm Yurtlarna Dair YnetmelikGemi Adamlarnn kamet Yerleri, Salk ve aelerine Dair Ynetmelik Regulations for Health and Safety in Temporary or Predefined-Term Works Geici veya Belirli Sreli lerde Sal ve Gvenlii Hakknda Ynetmelik 08/2013 Regulations for Nightshift Working Conditions for Women Employee Kadn alanlarn Gece Postalarnda altrlma Koullar Hakknda Ynetmelik 07/2013

Regulations for the Health and Safety Precautions in Working with Carcinogen or Mutagenous Substances Kanserojen veya Mutajen Maddelerle almalarda Salk ve Gvenlik nlemleri Hakknda Ynetmelik 08/2013Regulations Issued by the MinistryRegulations for Health and Safety Precautions in Working with Chemical Substances (Kimyasal Maddelerle almalarda Salk ve Gvenlik nlemleri Hakknda Ynetmelik) 08/2013Regulations for the Use of Personal Protective Equipment in Workplaces (Kiisel Koruyucu Donanmlarn yerlerinde Kullanlmas Hakknda Ynetmelik) 07/2013 Maden yerlerinde Sal ve Gvenlii Ynetmelii Salk Kurallar Bakmndan Gnde Azami Yedi Buuk Saat veya Daha Az allmas Gereken ler Hakknda YnetmelikHealth Safety Signage Regulations (Salk ve Gvenlik aretleri Ynetmelii) 09/2013

Regulations Issued by the MinistryRegulations to Establish Occupational Training of Employee who will Work in Hazardous and Very- Hazardous Workplaces) Tehlikeli ve ok Tehlikeli Snfta Yer Alan lerde altrlacaklarn Mesleki Eitimlerine Dair Ynetmelik 07/2013Dust Fighting Regulation Tozla Mcadele Ynetmelii National Occupational Health and Safety Council Regulation (Ulusal Sal ve Gvenlii Konseyi Ynetmelii)Occupational Health and Safety in Construction Works (Yap lerinde Sal ve Gvenlii Ynetmelii)Regulation for Protection of Employee from the Noise Related Risks (alanlarn Grlt ile lgili Risklerden Korunmalarna Dair Ynetmelik)Regulation for Protection of Employee from Dangers of Explosive Environments (alanlarn Patlayc Ortamlarn Tehlikelerinden Korunmas Hakknda Ynetmelik)

Regulations Issued by the MinistryRegulation for Protection of Employee from Vibration Related Risks (alanlarn Titreimle lgili Risklerden Korunmalarna Dair Ynetmelik)Regulations for Methods and Principles of Occupational Health and Safety Education of the Employee (alanlarn Sal ve Gvenlii Eitimlerinin Usul ve Esaslar Hakknda Ynetmelik)Regulations for Methods and Principles for Employment of Child and Young Workers (ocuk ve Gen ilerin altrlma Usul ve Esaslar Hakknda Ynetmelik)Regulations for Occupational Health and Safety Requirements in Work Equipment Use ( Ekipmanlarnn Kullanmnda Salk ve Gvenlik artlar Ynetmelii)

Regulations Issued by the MinistryRegulation for Occupational Safety Specialists Duty, Authority and Responsibility Education ( Gvenlii Uzmanlarnn Grev, Yetki ve Sorumluluk ve Eitimleri Hakknda Ynetmelik) Hijyeni lm, Test ve Analizi Yapan Laboratuvarlar Hakknda Ynetmelik)Occupational Health and Safety Services Regulation ( Sal ve Gvenlii Hizmetleri Ynetmelii)Regulation for Incentive Provision for Occupational Health and Safety Services ( Sal ve Gvenlii Hizmetlerinin Desteklenmesi Hakknda Ynetmelik)

Regulations Issued by the MinistryRegulation for Occupational Health and Safety Boards ( Sal ve Gvenlii Kurullar Hakknda YnetmelikRegulation for Occupational Health and Safety Risk Assesment ( Sal ve Gvenlii Risk Deerlendirmesi Ynetmelii)Regulation for Occupational Health and Safety Precautions Required in Workplace Building and Additional Premises (yeri Bina ve Eklentilerinde Alnacak Salk ve Gvenlik nlemlerine likin Ynetmelik)

Regulations Issued by the MinistryRegulation for Education of Occupational Physicians and Other Healthcare Employee on Duty, Authority and Responsibility (yeri Hekimi ve Dier Salk Personelinin Grev, Yetki, Sorumluluk ve Eitimleri Hakknda Ynetmelik)Emergency Cases in Workplaces Regulation (yerlerinde Acil Durumlar Hakknda Ynetmelik)Regulation About Suspension of Works in Workplaces (yerlerinde in Durdurulmasna Dair Ynetmelik)

Occupational Health and Safety In Other CountriesUSA- The Occupational Health and Safety Act (1970)USA - ANSI Safety Standards UK- Health and Safety at Work etc. Act 1974EU Article 153 of the Treaty on the Functioning of the European UnionEU Strategic Framework on Safety and Health at Work 2014-2020Occupational Health and Safety In Other CountriesEU Directives:The OHS Framework DirectiveWorkplaces, equipments, signs, personal protective equipmentExposure to chemical agent and chemical safetyExposure to phyisical hazardExposure to biological agentsProvisions on workload, ergonomic and psychosocial risksSector specific and worker related provisions

Case Study #1[3] Incident: Worker fell from height while dismantling scaffold.Casualty: 1 FatalityDetails: Worker fell 33 m while dismantling the external safety scaffold.

Case Study #1[3] Details: The worker used a nylon rope with pulley, attached to the internal frames of the scaffold, to lower dismantled scaffold components to the ground floor. In the process, the scaffold frame swung out and the worker fell out.

Case Study #1[3] Investigation findings: No lifeline or anchorage for worker to hook on safety harness;A Permit to Work (PTW) system was in place but none of the organizational layers (scaffold supervisor, safety assessor, safety personnel & Project Manager) verified that the systems were in placeNo inspection to verify the conditions

Case Study #1[3] Investigation findings: Unsafe method of work;Using the scaffold as anchor for pulley system,Removal of the tie-back of the scaffold prior to installing the pulley systemCase Study #1[3] Legal Consequences: Owner sentenced $60,000Failure to put in such measures to ensure that the workplace was safe and without risks to the safety and heath of every person within the workplaceProject Manager sentenced $6,000Failure to exercise all due diligence when performing his function in relation to the issuance of a PTWSafety Assessor sentenced $6,000Failure to exercise all due diligence when performming his functions in relation to the evaluation and endorsement of an application for a PWTScaffold Supervisors sentenced $1,000 eachFailure to ensure that the scaffold workers were provided with lifelines to protect themselves from falling from heightCase Study #2[3] Incident: Worker hit by pileCasualty: 1 FatalityDetails: Worker got hit by a pile while it was dragged along the site. Piles were to be pulled closer to the pile rig, so as to bedriven into the ground. The piles were about 17 m away from the rig.

Case Study #2[3] Investigation findings: Method of work was unsafe. Although it was identified in the Risk Assesment that piles should be placed near to rig and that no one should be near during the pulling process.

Case Study #2[3] Investigation findings: Lack of safety supervision and control of works at site;No PM or safety personnel was appointed for the sitePTW system for piling works was not implementedCase Study #2[3] Legal Consequences: Owner sentenced $30,000Failure to Appoint a Project Manager at siteAppoint a Safety Coordinator at siteImplement a PTW system for high risk works at siteEmployer sentenced $60,000Failure to ensure that necessary measures were in place to ensure the safety of his employees at workCase Study #3[4] Incident: Worker falls from height on 28/12/2007Casualty: 1 FatalityProsecution: The employer is prosecuted for acting against the safety rules and the victims family demands 6,000 TL material and 50,000 TL moral damages for the victims mother; 15,000 TL moral damages for each of the brothers/sisters totalling 176,000 TL. Case Study #3[4] Details of Accident: Wooden blocks being carried from 5th floor to the ground using an elevator; one of the blocks hits the victim pushing him down to the ground.Investigation report: Investigation findings indicate 65% responsibility to the employer and 35% to the victim employee.Sentence:Material damages refused since the mother already receiving income for death of her husband;Moral damages accepted as; 15,000 TL for the mother and 3,000 TL fort the brothers/sisters

Assignment #1Read the Health and Security Law 1 to find out the following information:Write the sequence of administrative actions after an accident that should be performed by the Occupational Safety Specialist and Occupational PhysicianList the financial charges for incompliances to Law No.6331.Find a case where the construction professional is charged with improsenment.Due on February 19th , 2015.

References http://www.csgb.gov.tr/csgbPortal/ShowProperty/WLP%20Repository/isggm/dosyalar/kthttp://tarsustb.tobb.org.tr/Portals/58/6331%20%C4%B0%C5%9F%20Sa%C4%9Fl%C4%B1%C4%9F%C4%B1%20ve%20G%C3%BCvenli%C4%9Fi%20Kanunu%20Sunum.pptConstruction Safety: Accident Case Studies & Enforcement Analysis, Eric Tan Kun Tien, 31 March 2011, Powerpoint Presentation.http://www.hukuki.net/showthread.php?73147-olumlu-is-Kazasinda-Tazminat

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