OHS in the public sector: the same duty, a different account to give
Act 6331 does not look at the field of activity. What differs in a public institution is not the duty but to whom and how the record is shown: rotation of staff, audits and institutional memory.
This page is written for public institutions running OHS with their own staff or through procured services, including those with multiple sites.
Where it gets stuck today
A change of post takes the record with it. The person taking over usually has to gather the previous period's risk assessment, training list and correspondence from scratch.
In periods run through procurement the record arrives with the contractor and leaves with it; when the tender changes, what remains with the institution is a folder.
Across several sites the same work is done in different ways; when a institution-wide table is requested it has to be compiled site by site.
How it works in Optifora
There is no separate product for the public sector; in the same product what changes is the separation of permissions, the breakdown and the transferability of the archive.
- Separation of permissionsWho sees what and who writes what are defined separately; health data sits under its own permission.
- Site and unit breakdownSites and units are kept apart inside the same institution; the institution-wide table does not have to be compiled separately.
- A transferable archiveThe record sits in the institution's account, not a person's; whoever takes over inherits the same history.
- Reports and signatureA report is produced for the requested period; the output can be signed and verified afterwards.
- Committee and representative recordsCommittee decisions, worker representatives and assignments are kept on record.
- Legal trackingChanges in legislation are followed and linked to the record they affect.
In a public institution the duty arises from the articles below, not from a separate list; the Act draws no distinction in scope.
Legal basis
The table shows the obligations of the legislation region you pick in the top bar; it refreshes without reloading the page when the region changes.
Türkiye — the articles that bind public institutions too
| Obligation | Legal basis | How the page covers it |
|---|---|---|
| The Act applies to all work and workplaces regardless of the field of activity | Law no. 6331, art. 2(1) — this Act applies to all work and workplaces in the public and private sectors, to their employers and employers' representatives and to all employees including apprentices and interns, regardless of the field of activity; art. 2(2) — the exceptions are listed subparagraph by subparagraph. | The opening paragraph: the Act does not look at the field of activity. |
| The employer is under a duty to ensure workers' occupational health and safety, taking every measure including the prevention of occupational risks and the provision of training and information. | Law No. 6331, art. 4(1) | The whole page. |
| The employer is obliged to carry out, or have carried out, a risk assessment in terms of occupational health and safety. | Law No. 6331, art. 10(1) | The legal tracking and record headings. |
| For occupational health and safety services the employer shall assign an occupational safety specialist and a workplace physician from among the workers; if no such personnel exist the service is procured from a joint health and safety unit (OSGB) or a CASMER. | Law No. 6331, art. 6(1)(a) | The "who this page is for" note: running it with own staff or through procurement. |
| A committee is set up where there are fifty or more employees and continuous work lasting more than six months | Law no. 6331, art. 22(1) — in workplaces with fifty or more employees where continuous work lasting more than six months is carried out, the employer shall set up a committee to work on occupational health and safety, and shall implement its lawful decisions. | The committee and representative records row. |
| Ensure that workers receive induction and basic training | Regulation on the Procedures and Principles of Occupational Health and Safety Training of Workers, art. 5(1) and art. 7(1) — the employer ensures that workers receive induction training, basic training and, where necessary, the other training; all workers including apprentices and interns receive induction training before they actually start work. Its counterpart in the law is art. 17(1) of Law no. 6331. | The transferable archive row: training history survives a change of post. |
| Notify the Social Security Institution of an accident at work within three working days | Law no. 6331, art. 14(2)(a) — accidents at work are notified within three working days of the accident; occupational diseases reported by health service providers or the workplace physician are notified within three working days of being learned (art. 14(2)(b)). | The reports and signature row. |
The Act draws no distinction between public and private in its scope. The table is not a declaration of compliance.
EU — scope and the public sector
| Obligation | Legal basis | How the page covers it |
|---|---|---|
| The framework directive applies to all sectors of activity | Directive 89/391/EEC, art. 2(1) — this Directive shall apply to all sectors of activity, both public and private (industrial, agricultural, commercial, administrative, service, educational, cultural, leisure, etc.); art. 2(2) — it shall not apply where characteristics peculiar to certain specific public service activities, such as the armed forces, the police or civil protection services, inevitably conflict with it, in which case safety and health must be ensured as far as possible in the light of the objectives of this Directive. | The opening paragraph: scope does not look at the field of activity. |
| The employer shall have a duty to ensure the safety and health of workers in every aspect related to the work. | Directive 89/391/EEC, art. 5(1) | The whole page. |
| The employer shall be in possession of an assessment of the risks to safety and health at work, including those facing groups of workers exposed to particular risks. | Directive 89/391/EEC, art. 9(1)(a) | The transferable archive row: the document stays with the institution. |
| Consulting workers and enabling their participation is the employer's duty | Directive 89/391/EEC, art. 11(1) — employers shall consult workers and/or their representatives and allow them to take part in discussions on all questions relating to safety and health at work; art. 11(2) — workers' representatives with specific responsibility for safety and health shall take part in a balanced way or be consulted in advance and in good time. | The committee and representative records row. |
The framework directive covers administrative and service sectors too; the specific public activities left outside are listed in the directive itself. The table is not a declaration of compliance.
United Kingdom — the provisions that bind the institution
| Obligation | Legal basis | How the page covers it |
|---|---|---|
| The Act places a general duty on every employer towards its employees | Health and Safety at Work etc. Act 1974, s. 2(1) — it shall be the duty of every employer to ensure, so far as is reasonably practicable, the health, safety and welfare at work of all his employees. | The whole page. |
| The employer must revise the written statement of general policy as often as may be appropriate and bring the statement and any revision to the notice of all employees. | Health and Safety at Work etc. Act 1974, s. 2(3) | The transferable archive row: the written statement and every revision stay with the institution. |
| An employer with five or more employees records the assessment | Management of Health and Safety at Work Regulations 1999, reg. 3(6) — where the employer employs five or more employees, he shall record the significant findings of the assessment and any group of his employees identified by it as being especially at risk. | The site and unit breakdown row: the recording duty opens past the threshold. |
| Where safety representatives request it, the employer establishes a safety committee | Health and Safety at Work etc. Act 1974, s. 2(7) — in such cases as may be prescribed, it shall be the duty of every employer, if requested to do so by the safety representatives mentioned in s. 2(4), to establish a safety committee having the function of keeping under review the measures taken to ensure the health and safety at work of his employees; s. 2(6) — the employer has a duty to consult those representatives. | The committee and representative records row. |
The Act imposes duties on the employer without separating public from private. The rows belong to the Great Britain regime and the table is not a declaration of compliance.
United States — the federal regime and state plans
| Obligation | Legal basis | How the page covers it |
|---|---|---|
| Where a federal standard exists, a state may take over only through an approved plan | 29 U.S.C. § 667(a) — nothing prevents a State agency or court from asserting jurisdiction under State law over an occupational safety or health issue for which no federal standard is in effect; § 667(b) — a State wishing to assume responsibility for developing and enforcing standards on an issue covered by a federal standard shall submit a plan; § 667(c)(2) — the plan is approved only if the standards and their enforcement are at least as effective as the federal ones. | The opening paragraph: which regime binds comes from the jurisdiction before the institution. |
| Track the standards of an approved State plan alongside the federal standard | 29 U.S.C. 667(a) — State jurisdiction is preserved where no federal standard is in effect; 667(b) — a State wishing to supersede the federal standard submits a plan; 667(c)(2) — an approved plan must be at least as effective as the federal standard on the same issue | The legal tracking row. |
| Each employer shall furnish to each of his employees employment and a place of employment which are free from recognized hazards that are causing or are likely to cause death or serious physical harm to his employees. | 29 U.S.C. 654(a)(1) | The whole page. |
| At the end of the calendar year review the log, create the annual summary, certify it and post it | 29 CFR 1904.32(a)(1) — review the OSHA 300 Log to verify that the entries are complete and accurate and correct any deficiencies; (a)(2) — create an annual summary of the injuries and illnesses recorded; (a)(3) — certify the summary; (a)(4) — post the annual summary | The reports and signature row. |
Whether public employees are covered depends on whether the matter runs through an approved state plan; this table does not make that assessment and is not a declaration of compliance.
Where to start
The first step is usually to set up the site and unit structure; the records sit on top of it.
Questions about scope, number of users and permissions are answered from the contact page.
Let us talk about your institution
When the number of sites and the permission structure are stated, scope can be discussed concretely.
Get in touch