Criminal Liability Arising from Occupational Accidents
The Occupational Health and Safety Act No. 6331 defines the obligations of employers and employees, establishing legal and criminal liability in cases of non-compliance with measures aimed at preventing occupational accidents.
I-) Criminal Liability Due to Failure to Take Precautions:
The Occupational Health and Safety Act No. 6331 meticulously regulates the obligations of employers and employees to establish a healthy and safe working environment. In this context, legal and criminal liability arises from the failure to implement necessary measures for the prevention of occupational accidents. The breach of these duties may lead not only to administrative sanctions but, in certain circumstances, also to criminal liability under the Turkish Penal Code.
I.1-) General Obligation of the Employer (Occupational Health and Safety Act No. 6331, Article 4):
The employer is obligated to ensure the occupational health and safety of employees. This duty encompasses the prevention of occupational risks, provision of training and information, and establishment of an appropriate organizational structure. The employer is required to conduct risk assessments and implement necessary protective measures. Should an occupational accident occur as