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The Effects Of Coronavirus (Covid-19) On Occupational Health And Safety And An Evaluation Within The
Since preventive measures should also be taken in workplaces which are the common areas of use in order to limit the spread of the Coronavirus and to combat the epidemic, working activities have been either completely stopped or restricted by many employers, or the method of working remotely or working from home has been applied by the employers in the private sector. Although it is possible to work remotely or working from home in workplaces with technological infrastructure, occupational health and safety measures must be taken by employers in workplaces where the remote working model cannot be applied due to the nature of their job.
In addition, the basis of the regulations for protection of employees is based on the Constitution and the Labor Code No. 4857 and the employers have many responsibilities depending on the managerial authority in workplaces. The most important one of these responsibilities is taking necessary occupational health and safety measures in the workplace within the scope of the employer’s supervision obligation.
The measures to be taken by the employer are included in the Code No. 6331 on Occupational Health and Safety (“Code“). According to Article 4 of the Code, the employer is obliged to ensure the health and safety of the employees those obligations are listed as follows:
- Taking necessary measures for the safety and health protection of workers, including prevention of occupational risks and providing information and training, as well as providing the necessary organization and means and ensuring that these measures are adjusted taking account of changing circumstances and aiming to improve existing situations,
- Monitoring and checking whether occupational health and safety measures that have been taken in the workplace are followed and ensuring that nonconforming situations are eliminated,
- Carrying out a risk assessment or getting one carried out,
- Taking into consideration the employee’s capabilities as regards health and safety where he entrusts tasks to an employee,
- Taking appropriate measures to ensure that employees other than those who have received adequate information and instructions are denied access to areas where there is life-threatening and special hazard.
- When the insurance holder is at the workplace,
- Due to the work carried out by the employer or by the insurance holder if he/she is working on behalf of own name and account,
- For an insurance holder working under an employer, at times when he/she is not carrying out his/her main work due to the reason that he/she is sent on duty to another place out of the workplace,
- For a nursing female insurance holder under item (a) of paragraph one of Article 4 of this Code, at times allocated for nursing her child as per labour legislation,
- During insurance holder’s going to or coming from the place, where the work is carried out, on a vehicle provided by the employer, and which causes, immediate or delayed, physical or mental disability in the insurance holder.