Occupational health practitioner in Turkish Labour Law

Employment of occupational health practitioner, which is of vital importance with regard to implemantation of precautions of occupational health and security, is compulsory for business establishments which employ a certain amount of workers in Turkey. Taking and implementing occupational health measures in working environment can only be maintained by serving occupational health services under supersivion of occupational health practitioner.Since the institution of occupational health practitioner lacks legal framework, it is one of the most controversial institutions. The regulations of Ministry of Labor and The Institution for Social Security have been annulled by the Judiciary. New regulations has been passed in order to fill in the gaps in the legislation. However, with the new regulations new controversies arose.Under the Turkish Labour Law, occupational health practioner works according to labour contract. Occupational healt practioner is a worker whose professional status prevails. In principle, the rights and obligations of workers under the labour legislation apply to occupational health practioner. However, occupational health practioner is also deemed to be representative of the employer, since he exercise labour health services on behalf of the employer.Ministry of Labour is the sole authority for training occupational health practioners and their certification. Turkish Medical Association has no competence on this issue.Freedom of contract is also applicable to the contract regarding occupational health practioners. A doctor holding a certificate to work as a occupational health practioner and an employer can make a contract. No approval or permission from any authority is needed when it comes to the first contract made with occupational healthh practioners. However, permission from the Turkish Medical Association is a must as far as the assignment to open a second work place. The content of the contract for appointment of an occupational health practioner is determined freely between occupational health practioner and the employer. Turkish Medical Association has no power in relation to the formulating of a labour contract binding for occupational health practioners and employers and of subminimum rate tariff.No seperate labour safeguard system has been adopted for occupational health practioners. For this reason, the provisions of the Labour Law on labour safeguard shall also be applicable to occupational health practioners.In case occupational health service is provided by the service offered outside, there is a risk that this service is provided by the firms having lack of adequate equipment and personnel.Sanction for infringment of the obligation to assign a occupational health practioner is administrative fine whose amount is not deterrent.The goal of of the paper is to examine and assess the existing legal provisions and applications regarding occupational health practioners as well as to discuss the problems arising from the theory and practice to reach a solution.Key Words:1- Occupational health2- Occupational health practitioner3- Occupational health care services4- Labour Law5- Obligation to employ