Occupational health and safety (OHS) is a comprehensive field that aims to protect the physical, mental, and social well-being of employees in the workplace. In Türkiye, Occupational Health and Safety Law No. 6331 (OHSK) and related legislation impose significant obligations on employers to ensure the safety of their employees. Failure to fulfill these obligations carries serious penalties. This article will examine in detail the criminal liability arising from OHS violations for businesses in Antalya.
Scope of the OHS Law and Employer Obligations
OHSL No. 6331 obligates employers to take comprehensive measures to protect the health and safety of their employees. These obligations extend from conducting risk assessments to providing necessary protective equipment, training employees, and developing emergency plans. The law applies to all employers, regardless of the type, size, or scope of work. Employers are responsible for the health and safety of not only their employees but also other individuals in the workplace (e.g., visitors, contractors). Failure to fulfill this responsibility may result in both administrative and criminal penalties.
Penal Sanctions Arising from OHS Violations
Employers may face various penalties for violations of the Occupational Health and Safety Law. These penalties vary depending on the severity and recurrence of the violation. For example, if a workplace accident results in death or injury, employers may face severe penalties. Furthermore, inadequate workplace safety measures, improper storage of hazardous materials, or lack of adequate employee training can also lead to criminal liability. Penalties include prison sentences and heavy fines.
Prison Sentences
Prison sentences stipulated under the Occupational Health and Safety Law (OHSK) vary depending on the severity of workplace accidents. For example, employers who cause death or permanent disability in a workplace accident can face lengthy prison sentences. In addition to prison sentences, employers can also face heavy fines.
Fines
Fines for OHS violations vary depending on the type and severity of the violation. Repeat violations can increase the fines. Furthermore, compensation payments to insurance companies can impose significant financial burdens on employers.
OHS Inspections and Implementation in Antalya
In Antalya, the Provincial Directorate of Labor and Employment Agency and other relevant institutions conduct regular OHS inspections. During these inspections, workplaces are checked for compliance with OHS legislation and any deficiencies are identified. Administrative fines may be imposed on employers for violations identified during inspections. Criminal investigations may be initiated in the event of serious violations.
Risk Assessment and Preventive Measures
One of the most important responsibilities of employers is to conduct risk assessments in their workplaces. Risk assessment is the process of identifying potential hazards in the workplace and assessing their impact on employees. Based on the risk assessment, necessary preventive measures should be taken to eliminate or reduce the hazards. These preventive measures may include providing protective equipment, training for employees, and regular workplace inspections. Appropriate risk assessments and preventive measures are crucial for both preventing criminal liability and protecting the health and safety of employees.
The Importance of Legal Consulting
OHS legislation is complex and constantly updated. It is crucial for employers to seek the support of an experienced legal professional to ensure they fulfill their OHS obligations and avoid criminal liability. Legal consulting services provide employers with information on OHS legislation, assistance with risk assessments, and legal defense in the event of potential violations.
Occupational health and safety should be a top priority for every business. Taking appropriate precautions and fully complying with regulations are crucial for both employee well-being and the legal and financial security of the business. It’s important to remember that the consequences of OHS violations go beyond fines and can lead to imprisonment and serious damage to a business’s reputation. Therefore, taking preventative measures and seeking expert support are crucial to the long-term success of businesses.