Ombudsman Institution Decision Regarding Workplace Physician Report and Civil Servant Duty Change Request

Examining the application of a municipal police officer requesting a duty change on the grounds of a health report, the Chief Ombudsman Institution ruled that the opinion of the workplace physician is essential.

Application Process and Review

A municipal police officer working in İzmit Municipality requested planning of a position suitable for their health condition and asked for the examination of administrative procedures.

Stating that weekend shifts requiring long periods of standing negatively affected their health, the civil servant requested a change in working conditions.

Defense of the Municipality

İzmit Municipality Presidency stated that the civil servant works as a driver during weekdays and according to the shift schedule on weekends, and does not work every weekend shift.

The Department of Municipal Police stated that the civil servant was not given tiring duties and was provided with rest opportunities, while also conveying that certain disciplinary penalties had been applied.

Health Report Details

It was clearly emphasized in the Health Board Report contained in the file that the opinion of the workplace physician is essential.

In the evaluation made by the workplace physician, it was assessed that the current duty is the model closest to ideal working conditions in terms of disc disorders.

Precedent Decision of the Ombudsman Institution

In the decision signed by Chief Ombudsman Mehmet Akarca, attention was drawn to the role of the workplace physician within the framework of the provisions of the Occupational Health and Safety Law.

The Institution decided that there was no violation of law and equity in the administration's actions in line with the evaluations of the workplace physician.