Regulation Regarding Prevention of Major Industrial Accidents and Reduction of Their Effects 13 March 2019
In the Official Gazette dated March 2nd, 2019, The Regulation Regarding Prevention of Major Industrial Accidents and Mitigation of Their Effects was published based on the Occupational Health and Safety Law No. 6331 and the Environmental Law No. 2872. As stated in Article 1, titled ”Purview” of the relevant Regulation; measures to be taken in order to prevent accidents that may occur in organizations containing hazardous substances and to minimize the harm of possible accidents on people and environment.
According to Annex 1 of the Regulation entitled “Harmfulness Categories of Hazardous Substances” it will be determined by considering the intensity of the hazardous substances in the business; whether the workplace is in the scope of “Low Level” or “High Level” and whether it will be subject to the obligations regulated in the Regulation and, if so, which obligations will be conducted.
1. Obligations
In the workplaces with hazardous substance which is equal or above the limiting values specified in the annexes of the regulation, it is aimed to prevent major accidents and to reduce their effects on people and environment if accidents occur despite the measures taken. Accordingly, measures to be taken by the manager can be listed as follows:
1.1. Preparing an “Intervention Card for Hazardous Substance”
The manager is obliged to prepare an “Intervention Card for Hazardous Substance” including;
- Name of hazardous substance,
- Physical and environmental hazards,
- Method for intervention to hazardous substance,
- Equipment for intervention and
- Protective equipment which must be used during the intervention
for the workplaces within the scope of the Regulation and to send this card to Provincial Disaster and Emergency Directorate, Local Health Authority, Affiliated Municipal and/or Metropolitan Fire Authority. In case of a change in the information on the card, the card will need to be updated and sent to the relevant institutions within a month following the change.
1.2. Preparing “Major Accident Scenario Document”
The manager is obliged to prepare a “Major Accident Scenario Document” for the ”low level” and “high level” organizations within the scope of the regulation in order to determine the hazards of major industrial accidents and to assess the risks arising from these hazards. After the determination and classification of hazardous substances, the “Major Accident Scenario Document” is prepared following the steps below:
- Determining the hazardous equipment.
- Identification of internal hazards through specified hazardous equipment.
- Identification of external hazards that may be caused by external sources which may affect hazardous equipment.
- Building of major accident scenarios over hazardous equipment through methods that can produce results that are suitable for comparison with major industrial accident frequency (Art.9.).
1.3. Preparing “Major Accident Prevention Policy Document”
“Major Accident Prevention Policy Document” which should only be prepared by the managers of the “Low Level” organizations is a document aimed at preventing major industrial accidents and taking a high level of protection in the workplace (Annex No 3). This document must be prepared;
- Within six (6) months from the date of the Regulation entry into force by the “Low Level” organizations
- Within 1 (one) year following the change; for the institutions which has become a “Low Level” organization with the change in the type or amount of the hazardous substance.
1.4. Preparing “Safety Report”
”Safety Report” which should be regulated by” High Level” institutions; includes the institution, activities carried out in the institution and the security management system implemented in the organization within the scope of these activities. If the organization under this regulation has not been operational yet, it is obliged to prepare the “Safety Report” and inform the Ministry of Family, Labour and Social Services in writing. The “Safety Report” should be prepared within 1 (one) year following the change for the organizations which has subsequently become “High Level” institution by the change in the type or amount of the hazardous substance or through mergers or acquisitions.
1.5. Preparing “Internal Emergency Plan”
Only for “High Level” organizations, the “Internal Emergency Plan” should be prepared by taking into consideration” Data and Information to be included in the Internal Emergency Plan” in Annex 4 of the Regulation. This plan should be prepared prior to the operationalising for the “High Level” organizations.
2. Auditing of Institutions Under the Regulation and Sanction
These inspections by the Ministry of Environment and Urbanization and the Ministry of Family, Labor and Social Services within the framework of their own legislation; shall be made at least once in two (two) calendar years for the” High Level” organizations and at least once in 4 (four) calendar years for ”Low Level“ organizations.
During the inspections;
- By analysing the accident, investigations are carried out to determine the causes of the accident and the measures to be taken in order to prevent the occurrence of similar accidents in the future.
- The manager is asked to take the necessary measures to prevent similar accidents.
- It is checked whether the manager fulfils the obligations set out in Article 17 of the Regulation.
In case of determining the breach of obligation to prepare “Safety Report”, a sanction may be imposed on the whole organization to stop the work.
Moreover, related provisions of the Environmental Law No. 2872 and the Occupational Health and Safety Law No. 6331 will be applied as sanctions due to the contradiction.
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