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With the Regulation on Occupational Hygiene Measurement, Testing
and Analysis (“Regulation”) published in
the Official Gazette dated 27.01.2023, the former Regulation on
Occupational Hygiene Measurement, Testing and Analysis
(“Former Regulation”) published on
24.01.2017 has been repealed and additional obligations have been
introduced for employers under the Regulation.

Although the Regulation introduces a number of amendments to the
previous version, in this newsletter, we will focus only on the
amendments concerning employers and the new and important
obligations imposed on employers. These are as follows:

  • With the addition made to 2nd paragraph of Article 5 of the
    Regulation, which provides that in cases where the employer must
    repeat the occupational hygiene measurements, tests and analysis,
    it is regulated that the employer must repeat the occupational
    hygiene measurements, tests and analysis in order to evaluate the
    effectiveness of the control measures taken, in addition to the
    previous cases.

  • The Regulation also states that the results of occupational
    hygiene measurements, tests and analysis performed by laboratories
    that do not have a certificate of qualification or
    pre-qualification, are invalid.

  • As per the former Regulation, the employer was required to
    appoint a person who is experienced in the conduct of the work to
    accompany the laboratory personnel during their activities at the
    workplace. However, the amendment requires the employer to appoint
    an occupational safety specialist and/or occupational physician, or
    in their absence, employees who are experienced in the conduct of
    the work to accompany the laboratory personnel during preliminary
    examinations and measurements.

  • An entirely new article has been added to the Regulation titled
    “Evaluation of the results” and additional obligations
    have been introduced to employers. Aforementioned Article 6 is as
    follows:

    • “Evaluation of the
      results

    • ARTICLE 6-
      (1) The employer evaluates the compliance of the results
      provided in the occupational hygiene measurement, test and analysis
      reports with the legislation and, in the absence of legislation,
      with the limit values published by national or international
      organizations. As a result of this evaluation, the employer decides
      whether additional measures need to be taken to reduce exposure,
      taking into account the physiological status of employees. In
      making this decision, it is necessary to obtain the written
      opinions of the occupational health and safety committee, and if
      not existent, the written opinions of the occupational physician
      and occupational safety specialist.”


  • Article 14 on “Rules for Laboratories” added to the
    Regulation provides that laboratories must prepare a preliminary
    inspection report by observing certain issues at the workplace
    before the measurement. Article further states that this report
    shall specify the points to be measured and the number of
    measurements, and that the ultimate responsibility for determining
    the measurement points and numbers, rests with the employer.

  • Another amendment to the Regulation with respect to employers
    is the following addition to Article 16 titled “Sampling and
    measurement”:

    • “In the workplace where the
      measurement is carried out; the employer, employees or laboratory
      personnel shall not manipulate the measurement in a way to affect
      the measurement results, such as stopping, slowing down or
      accelerating the work done.”

Paragraph 2 of Article 13 regarding the training of laboratory
personnel will enter into force on 01.01.2026 while all other
articles of the Regulation entered into force on the date of
publication.

The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.

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