Antalya’s business world, with its dynamic structure and wide range of sectors, is a significant employment center. However, one of the responsibilities that comes with this mobility is occupational health and safety (OHS). Workplace accidents and occupational diseases not only threaten the lives and health of employees but also create serious legal, administrative, and, especially, criminal liability for employers and other relevant parties. This article will examine in detail the legal basis, areas of responsibility, and prosecution processes for criminal liability arising from occupational health and safety violations in Antalya.
What is Occupational Health and Safety and Why is it Vital?
Occupational health and safety encompasses all measures taken to protect the health and safety of employees in the workplace and to prevent occupational accidents and diseases. This concept encompasses not only physical safety but also psychosocial well-being. In Türkiye, Occupational Health and Safety Law No. 6331 provides the fundamental legal framework in this area and imposes extensive obligations on employers.
The importance of occupational health and safety can be explained not only by the principle of the sanctity of human life, but also by its economic and social dimensions. A workplace accident or occupational disease can cause permanent disability or even death for an employee, while for the employer, it can lead to negative consequences such as high compensation obligations, administrative fines, production disruptions, and reputational damage. Most importantly, damages resulting from OHS violations also carry criminal liability under the Turkish Penal Code.
Basic Legal Basis for Criminal Liability
Criminal liability arising from occupational health and safety violations is generally assessed within the framework of the “negligent offenses” provisions of the Turkish Penal Code. For criminal liability to arise, an act (act or omission) must be unlawful, constitute a crime, and result in a consequence.
The Concept of Negligence and OHS Violations
Negligence is the act of violating the duty of care and diligence, which results in a foreseeable outcome. Criminal liability in the field of occupational health and safety often arises in the form of “conscious negligence” or “simple negligence”:
* Simple Negligence: This is when a person acts in breach of their duty of care and diligence, failing to foresee a foreseeable outcome. For example, a workplace accident occurs as a result of an employer failing to provide necessary safety equipment or conducting a risk analysis.
* Conscious Negligence: This is when a person acts in violation of their duty of care and diligence, foreseeing an outcome but not wanting it and acting with confidence that it will not occur. For example, if the employer knows a dangerous machine is faulty but allows it to continue working, thinking “nothing will happen,” and an accident occurs.
Intent, on the other hand, is the knowing and intentional intention to bring about an outcome. While intent is rare in occupational health and safety violations, intentional injury or death to an employee by intentionally creating a hazard may result in the crime of “intentional injury” or “intentional homicide.”
Persons Responsible for Occupational Health and Safety Violations
Criminal liability arising from occupational health and safety violations may not be attributed to a single person. Often, there is a chain of liability, with the negligence of individuals at different levels assessed individually or collectively.
Criminal Liability of Employers
According to Law No. 6331, the employer is the primary responsible person for ensuring occupational health and safety in the workplace. This responsibility applies regardless of the size of the workplace, its hazard class, or the number of employees. The employer’s primary responsibilities are as follows:
* To conduct a risk assessment or have one conducted.
* To take necessary preventive and protective measures.
* To provide necessary training to employees.
* Providing a safe working environment and equipment.
* To carry out and have carried out necessary inspections in the workplace.
* To ensure that OHS professionals (occupational safety specialist, workplace physician) fulfill their duties.
If the employer fails to fulfill these obligations, they may face criminal liability in the event of a workplace accident or occupational disease. Even if the employer’s responsibility is delegated to another person through delegation, it is not completely eliminated, as the obligation to supervise and supervise remains. Supreme Court decisions also emphasize the primary responsibility of the employer in this regard.
Responsibilities of Occupational Safety Specialists and Workplace Physicians
Occupational safety specialists and occupational physicians are professionals responsible for advising and guiding employers on OSH matters, participating in risk assessments, and conducting inspections. If these individuals fail to perform their duties properly or inadequately, they may face criminal liability for “contributory negligence” in the event of a workplace accident or occupational disease.
For example, if an occupational safety expert reports a hazardous situation but the employer fails to take the necessary precautions, the expert’s liability may be less. If they fail to detect or report the hazardous situation at all, their liability will increase to the extent of their fault. Occupational physicians may face similar liability if they fail to conduct inadequate employee health surveillance or fail to diagnose occupational diseases.
Other Responsible Persons
Managerial staff, such as supervisors, foremen, and shift managers, may also face criminal liability if they fail to implement or oversee OHS measures within their areas of responsibility. For example, if a foreman instructs workers in dangerous work practices or turns a blind eye to their failure to use safety equipment, they may be held liable to the extent of their fault in an accident.
Main Types of Crimes Arising from Occupational Health and Safety Violations
Criminal liabilities arising from occupational health and safety violations are evaluated within the scope of certain types of crimes included in the Turkish Penal Code.
Crime of Wounding by Negligence (TCK Art. 89)
This crime occurs when a person violates their duty of care and diligence and causes injury to another person. It is one of the most common types of crimes encountered in workplace accidents. Penalties vary depending on the severity of the injury and typically include imprisonment or a fine. For example, if an employee falls and breaks their arm due to failure to take necessary safety precautions, this constitutes negligent injury.
Crime of Causing Death by Negligence (TCK Art. 85)
This crime occurs when a person, by breaching their duty of care and diligence, causes the death of another person. It is one of the most severe consequences of workplace accidents, and carries higher prison sentences for those responsible. For example, if a worker falls to their death as a result of not providing the necessary safety harness or scaffolding for work at height, this constitutes the crime of causing death by negligence.
Crimes of Intentional Wounding and Intentional Death
While rare, intentional acts can also arise in the context of occupational health and safety. For example, if an employer knowingly and willfully causes injury or death to an employee by maintaining a hazardous work environment, the crimes of intentional injury or intentional homicide may be considered, depending on the circumstances of the incident. Such situations typically arise when gross negligence borders on intent or acts with a direct intent to harm.
Crime of Abuse of Office (TCK Art. 257)
This offense applies to public officials and may be brought against inspectors or other public officials who conduct occupational health and safety inspections inadequately or improperly. However, this article does not directly apply to OSH professionals in the private sector.
Legal Support and Trial in the Criminal Liability Process
Criminal liability processes arising from occupational health and safety violations are highly complex and require technical expertise. During the investigation phase, the Public Prosecutor’s Office gathers evidence, including expert examinations, witness testimony, and crime scene investigations, to shed light on all aspects of the incident. At this stage, it is crucial for defendants to obtain legal assistance.
During the prosecution phase, trials are held in criminal courts. During this process, detailed legal analyses are conducted on issues such as determining the defendant’s fault, establishing causal links, and determining the penalty. Because workplace accident and occupational disease cases require specialized expertise, especially in major cities like Antalya, seeking support from an experienced law firm in this field is crucial for both preventing loss of rights and effectively managing the trial process.
Accurate collection of evidence, accurate interpretation of expert reports, and a thorough legal defense directly impact the outcome of the case. Employers, OSH professionals, and other responsible parties should protect their rights by seeking professional legal advice against allegations made against them.
Occupational health and safety is not only a legal obligation but also an ethical responsibility. Every accident or illness that occurs in the workplace not only harms human life and health, but also carries serious legal consequences. It is crucial for businesses operating in Antalya and all their employees to pay utmost attention to this matter, both to ensure a safe working environment and to avoid potential criminal liability. Given the complexity of the legal processes involved in such incidents, seeking the support of an expert legal professional is essential to ensure the proper management of the process and to prevent loss of rights.