Duman Law & Consultancy is the right address for disputes arising from Occupational Health and Safety.
Our attorneys have 10 years experience in Occupational Health and Safety disputes, who have been registered as expert witness at Ankara Courts of First Instance.
Attorneys at Duman Law & Consultancy have broad experience in instruments of injury and death due to Occupational Health and Safety, such as determination of negligence of the employer, determination of negligence of the employee, determination of salary (wage) and income, loss ratio in temporary incapacity, incapacity report, loss ratio in permanent incapacity and using the right tools and get the best result and maximum compensation for employee in the end.
As employment/industrial accidents became a significant issue in Turkey, we think it's important to remind the duties of employer related to occupational health and safety, since the Employer fails to carry out these duties, there is a risk to be liable to serious administrative and criminal sanctions, according to Turkish Law.
Regulations ensuring health and safety of workers and workplaces; duties, authority and responsibilities of employers and employees are stated in Occupational Health and Safety Law No. 6331.
DUTIES OF EMPLOYER
Health and Safety Law No. 6331, Article 4 under the title of General Duties of
Employers clearly states the responsibilities of Employers.
General Duties of Employers
Article 4 - (1) It shall be the duty of employer to ensure the health and safety at work of all his employees. In this respect, employer shall;
(a) make and maintain arrangements; to prevent occupational risks, to take every necessary measures including the provision of information, instruction and training, as well as provision of tools and equipment, to update the health and safety precautions to the changed situation, to promote and develop the current situation,
(b) oversee and supervise whether the health and safety precautions in workplace are properly abided by, and eliminate any improperness,
(c) make risk assessment or have it made,
(d) while assigning a task, take into consideration the employee's suitability to it as regard to health and safety,
(e) take the necessary precautions to prevent unauthorized employees gain access to life-threatening and special hazard areas.
(2) Having external service from specialists or specialized agencies shall not render employers free of their responsibilities related to health and safety.
(3) Obligations of employees related to health and safety shall not affect the Employers' responsibilities.
(4) Employers shall not reflect any cost arising from measures on health and safety at work to employees.
LIABILITY OF EMPLOYER
In case of non-compliance with said Law of No. 6331 and relevant Regulation severe administrative fines shall be applied in accordance with the degree of non-compliance.
•Turkish Code Of Obligations
According to Turkish Code of Obligations, in case death and injury of the employee, employee or his/her relatives can claim for material compensation funeral expenses, and treatment costs, compensation for loss of support, compensation for incapacity to work, damages and suchlike for pain and suffering.
•Turkish Criminal Code
It should be noted that in case of "negligence" or "gross negligence", the employer may face with serious charges, penalties and sanctions under Turkish Criminal Code.
Pursuant to Criminal Code, Article 22, paragraph
(2) Negligence is failure to take proper care or precaution during performance of an act without being aware of legal consequences of the crime defined in the laws;
(3) Where an act of person creates the legal consequence defined in the laws beyond his will, this is considered asintentional negligence.
In case employee dies at work due to lack of health and safety at workplace, this is stated as "negligent homicide" in article 85 of Turkish Criminal Code:
"(1)Any person who causes death of a person by negligent conduct is punished with imprisonment from three years to six years.
(2) If the act executed results with death or injury of more than one person, the offender is punished with imprisonment from three years to fifteen years."
LIABILITY OF PRIMARY EMPLOYER:
In case there is a contractual relationship between Contractor and Sub-Contractor, the Contractor (Primary Employer) shall be jointly and severally liable for the damages arising from health and safety accidents, according to article 2 of Turkish Labor Code.
If there is such relationship, the lawsuit can be filed against two employers in order to protect employee's rights.
We wish you all a healthy and safe workplace!