"Dangerous" Amendment On Social Media Video Content Producers 16 August 2023

As it is known, in Article 3 of the Occupational Health and Safety Law No. 6331, the concept of "hazard class" is defined as "the hazard group determined for the workplace in terms of occupational health and safety, taking into account the nature of the work performed, the substances used or emerging at every stage of the work, work equipment, production methods and forms, working environment and conditions and other issues related to the workplace" and in Article 9 of the same law, it is regulated that the hazard classes of a workplace will be determined by the Ministry of Labour and Social Security, taking into account the actual work performed in the workplace.

In this context, the hazard classes of workplaces in terms of occupational health and safety are listed in the annex of the Communiqué on Workplace Hazard Classes Regarding Occupational Health and Safety published in the Official Gazette dated 26.12.2012 and numbered 28509. The said Workplace Hazard Classes List is constantly updated by the Ministry by taking into account the new occupational groups emerging with the developing technology and the hazards that may arise from the performance of these occupations.

With the Communiqué on the Amendment to the Communiqué on Workplace Hazard Classes Regarding Occupational Health and Safety published in the Official Gazette dated 11.08.2023 and numbered 32276, "Cinema Film, Video and Television Programmes Activities" and "Production and Broadcasting Activities of Video Content", which were not included in the list before, were added to the list and these activities were included in the "dangerous" group with separate codes.

It is important to note that this amendment is not binding for social media producers who produce videos on their own without employing employees. As a matter of fact, according to Article 2 of the Occupational Health and Safety Law, "Those who produce goods and services on their own behalf and account without employing employees" are excluded from the scope of the Occupational Health and Safety Law No. 6331.

Further amendments in  the Communiqué Amending the Communiqué on Workplace Hazard Classes Regarding Occupational Health and Safety, can be found at the link below.

https://www.resmigazete.gov.tr/eskiler/2023/08/ 20230811-3.htm

 

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