Av. Enes ALİŞ, LL.M.
I. OCCUPATIONAL HEALTH and SAFETY
A. Historical Development
1. In the world
The need for occupational health and safety is as old as human history[1]. In ancient Egypt, Imhotep, an architect, engineer, priest and physician, was the first person to mention the relationship between the work people did and the health problems they experienced in the mid-2600s BC. Imhotep found that many people died in accidents during the construction of the pyramids and that workers often suffered from back problems.[2]. The first regulations on occupational health and safety started in 2000 BC with the Code of Hammurabi. The first regulations held the employer responsible for accidents especially in construction works.[3].
Hippocrates (460-370 BC), the father of modern medicine in Ancient Greece, mentioned for the first time in his book “Corpus Hippocraticum” (The Collected Works of Hippocrates) the existence of substances that could cause occupational diseases. The Roman Pliny (23-79 A.D.), in his work “Naturalis Historia” (Natural History), which is considered the first encyclopedia of human history, identified the risks of working in dusty places, the toxic effects of lead and sulfur, and invented leather masks, which are considered a means of personal protection.[4]. In the 2nd century AD, the Greek physician Galen studied the pathology of lead poisoning and the damages of acid vapors in copper mines. In the Middle Ages, these studies stopped along with science, and with the Renaissance, studies on occupational diseases continued[5].
The most important factor in the emergence of the concept of occupational health and safety in today's sense was the industrial revolution. In the late 18th century, with the discovery of steam engines, factories began to be established and industrial zones received a lot of migration from rural areas. Intensive migration brought with it housing in unhealthy conditions and the combination of poor conditions, malnutrition, long working hours, excessive fatigue and adverse environmental conditions made epidemics, deterioration of workers' health, disability and deaths inevitable. This process has drawn people's attention to occupational health and safety issues as a social problem.[6].
The first legal regulations on occupational health and safety were realized in England. Percival Potts work on cancer in chimney sweeps led to the British Parliament's decision in 1788 to Chimney Sweeps ActThe process that started with the issuance of the[7]followed by a law enacted in 1802. Bunu 1802'de çıkarılan bir yasa izledi. with the Law on the Protection of Children from Work under Harsh Conditions, and the Law of 1833 ‘’Fabrikalar Kanunu’’ The law reduced working hours to 10 hours, prohibited the employment of children under the age of nine and the employment of children under the age of eighteen during the night period, and regulated the appointment of inspectors for the inspection of factories.[8]. In 1842, women and children were banned from working in mines; in 1844, the obligation to employ occupational physicians in factories was stipulated.[9].
Affected by the developments in the UK, many countries have made regulations on occupational health and safety. Laws on occupational health and safety came into force in 1849 in Germany, 1840 in Switzerland, 1841 in France and 1877 in the USA.[10].
In addition to national regulations, the work of international organizations has also played an important role in the development of occupational health and safety law. Founded in 1919, the International Labour Organization (ILO), founded in 1946, the World Health Organization (WHO), and the European Commission's European Agency for Safety and Health at Work (OSHA) have an important place in the development of occupational health and safety.[11].
2. In Turkey
In the period before the Tanzimat, when industrialization did not yet exist and production was carried out by artisans, the rules regulating working life were largely based on religious principles, which were professional organizations. ''artisan lodges'' by[12]. The zawiyas, which lost their importance over time, were replaced by guilds. In this period, due to the simple nature of production technology and the small number of employees, workplaces and employers, it is not possible to mention the high number of occupational accidents and occupational diseases.[13]. Therefore, there was no need for regulations on occupational health and safety.v
The first social security and occupational health and safety practices in the Ottoman Empire started with the Orta Sandığı/Teavün Sandığı. These practices, which provide assistance among the members of the guild organizations and are based on the assistance of members who cannot work for various reasons, are accepted as the first health and safety practices in the Ottoman Empire period.[14].
The first legal regulation regarding occupational health and safety in the Ottoman period was dated 1863. Regulation on Mevaddi Medeniyyiye ve 1865 tarihli Dilaverpaşa Regulation and the coal mines. In these regulations, a number of regulations were introduced on the working and rest periods of workers working in coal mines and the treatment of workers exposed to accidents[15].
The legal document dated 1869 as a legal document regulated in the Ottoman period and according to today's understanding of occupational health and safety Maadin Nizamnamesi appears before us. The regulation imposes obligations on engineers, who are the technical staff within today's occupational health and safety organization, to identify hazards that may endanger occupational health and safety in mines, to take measures accordingly and to notify the employer of the situation regarding these. In addition, the obligation of employers to have a pharmacy and a physician in mines as an organizational obligation are progressive regulations similar to the obligations to establish an occupational health and safety committee and to have a workplace physician in today's sense. Another important regulation in the Ordinance is related to compensation law. Accordingly, the employer is obliged to pay compensation to the worker who has suffered an occupational accident or to his family in case of death[16].
Mecelle is one of the important regulations in terms of Turkish Labor Law. Completed in 1876 and being the first Civil Code of Turkey, Mecelle also contains provisions that can be considered as related to occupational health and safety. MecelleIn the Mecelle, the principle that the employee is a trust in the hands of the employer is included (Art. 600). In the event that the employer negligently harms the employee, the employer is obliged to compensate for this damage, and in the event that the employee is not employed despite being ready to fulfill his obligation to perform his work, he will be entitled to wages and will be entitled to wages and the wages cannot be paid in kind.[17].
During the years of the War of Independence, important steps were taken in the field of occupational health and safety under the Government of the Grand National Assembly of Turkey. On 10.09.1921 ‘’Ereğli Havzai Fahmiyesi Maden Amelesinin Hukukuna Müteallik Kanun’’ was enacted. This law prohibited the employment of miners under the age of eighteen in mines, limited daily working hours to eight hours, and stipulated double wages for work exceeding eight hours. In addition, some of the provisions of the Law include the provision of free treatment in case of occupational accidents, the provision of hospitals, pharmacies and physicians in workplaces, the right of the heirs of the deceased to file a lawsuit for compensation against the employer in case of death due to occupational accidents, and the employer to pay a fine if found at fault.[18].
The infrastructure of the legal legislation on occupational health and safety was established with the 1st Economic Congress held in Izmir in 1923. After the proclamation of the Republic, the first legal regulation was enacted in 1924 with the number 394. Week Holiday Law with the law. With this law, employees were granted the right to rest 1 day a week. Later, in 1935, the Law on national holidays and general holidays also entered into force. In 1926, the Code of Obligations No. 818 introduced provisions on occupational accidents and occupational diseases. The 1930 Law on Municipalities and the Law No. 1593 on Public Hygiene contain provisions on inspection[19].
With the Labor Law No. 3008 enacted in 1936, for the first time in Turkey, detailed regulations on occupational health and safety were introduced.[20]. The enactment of the Labor Insurance Institution Law No. 4792 in 1945 and the establishment of the Ministry of Labor in 1946 was an important stage in occupational health and safety. Labor Law No. 3008 was repealed by Law No. 931 in 1967 and replaced by Labor Law No. 1475 in 1971. After this law remained in force for a long time, the Labor Law No. 4857 was finally enacted in 2003. The first special law on occupational health and safety was the Occupational Health and Safety Law No. 6331, which entered into force in 2012.[21].
B. The Concept of Occupational Health and Safety
Health is a relative concept that varies from person to person. Health does not only mean not being sick. The most comprehensive definition of health was made by the World Health Organization (WHO). According to this definition, health is a person's state of complete well-being not only physically but also mentally and socially.[22]. The concept of occupational health, on the other hand, refers to the ability of a working person to live peacefully in a work environment free from hazards that may arise from working conditions and the tools and equipment used, or where these hazards are minimized. It is not only the health of the body that is important in terms of occupational health. The protection of the mental health of the worker is also considered within the concept of occupational health[23].
Occupational safety, on the other hand, is a set of obligations imposed on the employer and, where necessary, on the employee to eliminate or reduce the hazards encountered in the working environment and during work. The concept of occupational safety includes the obligations of the employer to eliminate or reduce the dangers arising from the performance of work, as well as the state's duty to supervise this issue[24].
The concept of occupational health and safety is the whole of systematic and scientific studies carried out in order to protect the measures to be taken to ensure the healthy and safe work of employees from the conditions that may harm the health and safety of employees arising from various reasons during the execution of work in workplaces.[25]. Accordingly, occupational health and safety also includes working to anticipate and prevent hazards and risks that may occur before they occur.
C. Purpose of Occupational Health and Safety
Occupational health and safety has three main objectives. These are to protect workers, ensure production safety and ensure workplace safety. The stated objectives can only be achieved if they are achieved as a whole.
1. Protecting Employees
The first and most important aim of occupational health and safety is to protect employees. Accordingly, the main objective is to eliminate the risks and hazards that may arise due to the execution of work in workplaces or to prevent occupational hazards and risks from harming the health of employees by reducing them as much as possible[26]. The protection of the worker is a fundamental factor for the realization of the other two objectives.
2. Maintaining Production Security
In order to protect employees, it is necessary to ensure production under safe conditions. In an environment where the occupational health and safety of employees is ensured, occupational accidents and occupational diseases and consequently labor and workday losses will decrease, work efficiency will increase and production continuity will be ensured. Ensuring production continuity and increasing work efficiency will increase product quality and accordingly the competitiveness of the enterprise.[27].
3.Ensuring Workplace Safety
With the measures to be taken in the workplace, operational safety and therefore occupational and worker safety will be ensured as situations that may endanger the enterprise such as machine malfunctions, explosion events, fire that may arise due to occupational accidents or unsafe and unhealthy working environment will be eliminated.[28].
II. EMPLOYEE/WORKER CONCEPT
Article 3/1-b of the OHSK No. 6331, ''refers to a natural person employed in public or private workplaces, regardless of their status under their own special laws'' “employees”. It is seen that the concept of employee, which constitutes the scope of the Law, covers all dependent employees, including apprentices and interns. Accordingly, it covers not only the workers subject to the Labor Law No. 4857, but also the workers employed in private workplaces subject to the Turkish Code of Obligations, Maritime Labor Law, Press Labor Law and public institutions and organizations subject to the aforementioned laws, civil servants working in public administrations and personnel working in 4/B and 4/C status defined in Article 4 of the Civil Servants Law No. 657[29].
The obligation to ensure that employees work in jobs appropriate to their age is one of the duties imposed on both the state and the employer in the proper fulfillment of occupational health and safety in working life (Art. 50 of the Constitution, Art. 71 of the Labor Code). The Labor Law has introduced many protective provisions for young workers under the age of 18, especially for heavy and dangerous work, underground and underwater work, night work, industrial work and annual leave. In this context, Article 3/1-e of the OHSL No. 6331 defines the young worker as a young employee, ''means an employee who has completed the age of fifteen but has not attained the age of eighteen'' defined as[30].
III.EMPLOYEE'S OBLIGATION TO PROTECT AND PROTECT OCCUPATIONAL HEALTH AND SAFETY
Ensuring occupational health and safety in real terms depends on the compliance of the employees with the measures taken and the related trainings. Most of the occupational accidents and occupational diseases that occur especially in our country are caused by the lack of care and attention and lack of training of employees regarding occupational health and safety[31]. For this reason, it is important to make employees aware that they are in an active position in the field of occupational health and safety, not as a passive subject who obeys orders.[32].
Article 19/1 of the OHSK No. 6331 is in this direction: ''Employees are obliged not to jeopardize the health and safety of themselves and other employees affected by their actions or work in line with the training they have received on occupational health and safety and the employer's instructions on this matter.'' şeklinde düzenlenmiştir.
In this regulation, the degree of attention and care that an employee should show and be expected to show in complying with occupational health and safety measures is measured by the training he/she has received and the instructions given to him/her by the employer. Therefore, if the employer has provided the employee with training in accordance with the legislation and has given the necessary instructions and warnings in this regard, the behavior of the employee, except in the event of an unexpected situation or force majeure, also gives rise to his/her responsibility[33].
When calculating the compensation for the employer's liability against the employee who has a work accident or occupational disease, the fault of the employee is a reason for reduction as mutual fault[34]. In addition, pursuant to Article 400 of the TCO, it is possible for the employee to be liable for compensation based on breach of contract if the employee causes damage to the employer due to breach of the duty of care by not complying with occupational health and safety measures.[35].
A. Occupational Health and Safety Obligations of Employees According to OHS Law No. 6331
1. Obligation to Comply with Occupational Health and Safety Measures
The fact that the employer has fulfilled the occupational health and safety rules completely does not mean anything if the employees do not comply with the measures taken. If employees fully fulfill their obligations, occupational accidents and occupational diseases can be prevented[36].
The main obligation of employees is to comply with the health and safety rules at the workplace. As a requirement of this, Art. 19/1 of the OHSK: ''Employees are obliged not to jeopardize the health and safety of themselves and other employees affected by their actions or work in line with the training they have received on occupational health and safety and the employer's instructions on this matter.'' states. Article 19/2 of the Law and Article 8/3 of the Regulation on Occupational Health and Safety Services regulate the obligations of employees. According to the stated provisions, the employee;
- To use machines, devices, tools, equipment, dangerous goods, transportation equipment and other means of production in the workplace in accordance with the rules, to use their safety equipment correctly, not to remove and change them arbitrarily,
- Correctly use and protect the personal protective equipment provided to them,
- To comply with the instructions given by the workplace physician, occupational safety specialist or employer in accordance with the legislation on occupational health and safety,
- Participating in occupational health and safety studies, health examinations, information and training programs
- They are obliged to use machinery, installations and personal protective equipment in accordance with the training and instructions given and in accordance with their purpose.
The obligations of employees in the field of occupational health and safety do not affect the responsibilities of the employer (OHSK Art. 4/3). Failure of employees to fulfill their obligations under the OHSC and the regulations issued thereunder is taken into account in determining the fault rates in the event of an occupational accident or occupational disease[37]. It is sufficient for the worker to jeopardize occupational safety in order to breach this obligation, and it is not necessary for the dangerous behavior to cause an occupational accident or material damage[38].
It is the employer's obligation to provide personal protective equipment to the worker. The breach of this obligation of the employer will be taken into account when determining fault in a work accident[39]. It is also the responsibility of the employer to ensure that the personal protective equipment provided to employees is selected in accordance with the nature of the work[40]. The employer cannot escape liability only by proving that it has provided the personal protective equipment. The employer is also obliged to ensure that this equipment is actually used by the worker and to make the necessary warnings to the worker in this regard[41].
The prerequisite for the obligations and responsibilities of employees is that they have been trained and instructed by the employer. If there is no training or instruction given or if a document is issued as if training has been given when in fact it has not, the obligations of the employees cannot be mentioned. Already Article 19/2 ''the obligations of employees in accordance with the training and instructions given by the employer are as follows:'' This is also indicated by the opening statement[42].
2. Obligation to Notify the Employer of the Hazard
Employees according to Article 19/2-c of Law No. 6331, '' Immediately notify the employer or the employee representative when they encounter a serious and imminent danger to health and safety in machinery, devices, tools, equipment, facilities and buildings at the workplace and when they see a deficiency in protection measures.'' to the employer. This is also a requirement of the employees' duty of loyalty to the employer[43]. In order for this provision of the Law to be implemented, a democratic and transparent environment in which the employee can do so must be provided in the workplace. Obtaining the views of the employee and ensuring his/her participation are in fact among the concrete obligations of the Law (Art. 18). It is difficult for the employee to fulfill this obligation in an environment where the employee cannot report a workplace hazard to the employer without any concern[44].
3. Obligation to Cooperate
Law No. 6331 obliges employees to cooperate with the relevant authorities in matters concerning occupational health and safety. According to Article 19/2-ç of the Law and Article 8/2-b,d of the Regulation on Occupational Health and Safety Services,
- To cooperate with the employer and employee representative in eliminating the deficiencies and non-compliance with the legislation detected in the workplace by the inspection authority,
- To cooperate with the employer and employee representative to ensure occupational health and safety in their area of responsibility,
- The person appointed by the employer to fulfill occupational health and safety services or the joint health and safety unit is obliged to cooperate in the work to be carried out.
According to Article 12/2 of the Regulation on Occupational Health and Safety Committees, employees cooperate with occupational health and safety committees in determining, implementing and complying with occupational health and safety measures at the workplace. What is meant by the cooperation of the employees with the board is primarily the compliance of the employees with the measures to be taken[45].
4. Obligation not to use addictive substances
It is a scientific fact that the risk of occupational accidents increases when under the influence of alcohol and drugs. As a matter of fact, in a study conducted in Germany, 7-10% of all occupational accidents were found to be alcohol-related. In England and France, the rates of being under the influence of alcohol in workplace accidents were found to be between 20-35%, and 10% of these were alcohol dependent. In a study conducted in Finland, 19% of occupational accident cases treated in the emergency department were found to be alcohol-related. In the USA, it has been reported that especially work-related traffic accidents are more related to alcohol and that 20-27% of professional drivers are intoxicated during work accidents.[46].
According to Article 28 of Law No. 6331;
- Coming to the workplace drunk or under the influence of drugs,
- It is forbidden to use alcoholic beverages or drugs in the workplace.
Accordingly, the employee is not prohibited from coming to the workplace drunk. What is prohibited is the employee coming to the workplace drunk[47]. For example, an employee who has a very low level of alcohol but is not intoxicated is not in breach of the obligation under the Law. However, it is forbidden to use alcohol in the workplace, even if it is not intoxicating. Similarly, it is also prohibited to come to the workplace having taken drugs or to use such substances at the workplace[48].
The law defines the limits of the prohibition as the workplace. Therefore, the prohibition of the use of alcohol and drugs shall apply not only in the workplace, but also in the places, annexes and vehicles connected to the workplace[49]. The employer has the authority to determine the circumstances, time and conditions under which alcoholic beverages may be consumed in the workplace annexes (OHSK Art. 28/2)[50].
The law also includes some exceptions to the prohibition of alcohol consumption. Accordingly, the prohibition of alcoholic beverages does not apply to the following employees
- Those who work in establishments where alcoholic beverages are produced and are responsible for supervising what is produced as part of their work,
- Those who are obliged to drink alcoholic beverages in closed containers or in open workplaces where alcoholic beverages are sold or drunk,
- Those who have to drink alcoholic beverages with customers due to the nature of their job.
IV. EMPLOYEES' VIOLATION OF THEIR OBLIGATIONS and CONSEQUENCES
A. Payment of Compensation
The employee is obliged to comply with all measures taken by the employer and the instructions given by the employer in this direction. Failure of the employee to comply with occupational safety measures while performing his/her job constitutes a breach of both the duty of care and the duty to obey instructions (obedience)[51]. The worker must perform his/her work diligently (Art. 396/1 TCO). The worker is obliged not only to perform the work undertaken, but also to use the machinery, tools and equipment, technical systems, facilities and vehicles belonging to the employer properly and to take care of the materials delivered to him for the performance of the work[52].
If the worker does not perform his work diligently, he is liable for any damage caused to the employer by his fault (TCO Art. 400/1)[53]. In determining the worker's responsibility, whether the work is dangerous or not, whether it requires expertise and training or not, and the skills and qualifications of the worker that are known or should be known by the employer are taken into consideration (TCO Art. 400/2).
The employer seeking compensation from the employee must first prove the damaging act of the employee and then prove the damage suffered. The employer also does not have to prove the fault of the employee[54]. For the employee to be liable, there must be an appropriate causal link between the misconduct and the damage. If the employer and the employee are jointly at fault in the occurrence of the damage, the liability of the employee shall be in proportion to his/her fault[55].
As a result of the employee's breach of occupational health and safety obligations, other workers in the workplace may also be harmed. In this case, there is no contractual relationship between the injured worker and the employer. In this case, the injured worker may claim compensation according to the tort provisions[56].
B. Employer's Right to Take Disciplinary Action
The employer may impose disciplinary penalties on the employee who fails to comply with occupational health and safety measures. There is no direct regulation in the Labor Law and OHSK regarding the employer's authority to impose disciplinary penalties. Regulations on the employer's authority to impose disciplinary penalties are made by collective bargaining agreements or workplace internal regulations[57].
According to Art. 399 TCO: “The employer may make general regulations and give specific instructions regarding the performance of work and the behavior of workers at the workplace. Workers are obliged to comply with these to the extent required by the rules of honesty.'' Regulations on disciplinary offenses and penalties are also among the general regulations specified in the provision.
The disciplinary penalties to be imposed on the employee may be determined as warning, reprimand, wage deduction, change of job and workplace, temporary suspension from work, dismissal. The disciplinary penalty to be imposed on the employee varies according to the fault of the employee in the disciplinary offense and the repetition of the offense. A disciplinary penalty imposed without taking the employee's defense and without giving him/her an appropriate period of time for defense is not in accordance with the law. In order for a disciplinary penalty to be imposed on the employee, the employee must be at fault in the action he/she has committed[58].
C. Employer's Right to Terminate the Employment Contract
The employer may terminate an employee's employment contract for just cause if the employee fails to comply with occupational health and safety measures, acts contrary to instructions or violates occupational safety regulations[59].
Article 25 of the Labor Law;
- Persistence of the worker in not performing the duties that he/she is obliged to perform even though he/she is reminded of them,
- The worker jeopardizes the safety of the work due to his/her own will or negligence,
- Damage or loss of machinery, installations or other goods and materials which are the property of the workplace or which are at his disposal due to his own will or negligence, to such an extent that he cannot be paid with the amount of his thirty days' wage,
- The employee arrives at the workplace intoxicated or on drugs or uses these substances at the workplace
provisions give the employer the right to terminate the employment contract without notice.
It is sufficient that the worker has endangered the safety of the work with a defective behavior; it is not necessary that a damage has occurred. The severity of the worker's fault is also irrelevant[60]. If there is no fault of the employee in an incident where the safety of the work is endangered, the employer's right of termination does not arise[61].
It is a just cause of termination for the employer if, due to his/her own will or negligence, the employee damages or loses the machines, installations or other goods and materials which are the property of the workplace or which are not the property of the workplace but are at his/her disposal, to the extent that he/she cannot pay the amount of his/her thirty days' wage. The damage must be caused by the fault of the employee. The damaged goods do not necessarily have to be the property of the employer[62].
Even if the worker has not endangered occupational safety or caused any damage to the employer by his/her behavior, his/her insistence on not fulfilling his/her obligations regarding occupational health and safety is a reason for termination. However, as clearly stated in the provision, in order for the employer's right of termination to arise, the employee must be reminded to fulfill his duties. In addition, the matter that the employee does not fulfill must be among his duties[63].
The employer who terminates the employment contract based on one of the aforementioned reasons is obliged to prove the event that constitutes just cause. If workers violate occupational health and safety rules, their contracts may be terminated for a valid reason, even if it is not severe enough to jeopardize occupational safety[64].
[1] BALKIR, Zehra Gönül, Protection of Occupational Health and Safety: Employer's Occupational Health and Safety Organization, Sosyal Güvenlik Dergisi, 2012/1, p. 58; SARIBAY ÖZTÜRK, Gizem, Legal, Administrative and Criminal Consequences of Failure to Fulfill Occupational Health and Safety Obligations, Beta Publications, Istanbul 2015, p. 5; SÜMER, Haluk Hadi, Occupational Health and Safety Law, Seçkin Publishing, Konya 2019, p. 12.
[2] ŞEN, Murat, The Concept of Occupational Health and Safety, Historical Development and Basis, MÜHFD, 2015/1, Kayseri 2015, p. 121.
[3] '' If the owner of the building dies as a result of the collapse of a building that a contractor has failed to construct properly, the contractor shall be sentenced to death (Article 229). If the owner's son dies, the contractor's son shall be sentenced to death (Article 230). If the owner's slave dies, the contractor shall give a slave of the same value to the owner (Art. 231). If the property of the building owner is damaged, the contractor shall rebuild the building and compensate the building owner for all damages (Art. 232). If a wall of a building that was built without following the building rules collapses, the contractor must reinforce it at his own expense (Art. 233).'' NARTER, Sami, Administrative, Criminal and Legal Responsibility in Occupational Health and Safety Law, Adalet Publishing House, Ankara 2018, p. 83; KILKIŞ, İlknur, İş Sağlığı ve Güvenliği, 2. Bası, Dora Yayıncılık, Bursa 2016, s. 30; ŞEN, s. 121; SÜMER, s. 12.
[4] ŞEN, s. 122.
[5] AKPINAR, Teoman, Occupational Health and Safety Law, Ekin Publishing House, Bursa 2018, p. 16; ÇETİNDAĞ, Şerif, Historical Development of Occupational Health and Safety Law and Current Situation in Legislation, Toprak İşveren Dergisi, June 2010, S. 86, p. 26; ŞEN, s. 122.
[6] ŞEN, s. 122 – 123; SÜMER, s. 13
[7] AKPINAR, s. 16; ÇETİNDAĞ, s. 26; NARTER, s. 84.
[8] SÜMER, s. 13; ÇETİNDAĞ, s. 26; AKPINAR, s. 16; NARTER; s. 84.
[9] KILKIŞ, s. 31; BAYBORA, Dilek, Overview of Occupational Health and Safety (Unit 1), Occupational Health and Safety, Ed. Dilek Baybora, Eskişehir 2012, p. 5.
[10] BAYBORA, s. 5.
[11] SÜMER, s. 14.
[12] BAYBORA, s. 6; KILKIŞ, s. 46; UZUN, Hasan, Historical Development of the Concept of Occupational Health and Safety in the World and Turkey, Occupational Health and Safety, Ed. Gökçe Cerev/Yakup Köseoğlu, Bursa 2018, p. 35.
[13] SÜMER, s. 15.
[14] YENİHAN, Bora/YILMAZ, Tuncay, Conceptual Dimension of Occupational Health and Safety, Occupational Health and Safety, Ed. Gökçe Cerev/Yakup Köseoğlu, Bursa 2018, p. 17.
[15] SÜZEK, Sarper, İş Güvenliği Hukuku, Savaş Yayınları, Ankara 1985, s. 67; AYDINLI, İbrahim, İş Sağlığı ve Güvenliğinden Doğan Hukuki ve Cezai Sorumluluk: (Yargı Kararları ve İlgili Mevzuat), Seçkin Yayıncılık, Ankara 2015, s. 37.
[16] SÜZEK, İş Güvenliği, s. 67 – 68; TURAN, Kamil, General Principles of Labor Law, Ankara, 1990, p. 145 AYDINLI, s. 37; NARTER, s. 85; AKPINAR, s. 20 – 21; SÜMER, s. 15 – 16.
[17] BAYBORA, s. 7; KILKIŞ, s. 46; AYDINLI, s. 38; SÜMER, s. 16
[18] SÜMER, s. 16; YENİHAN/YILMAZ, s. 17; AKPINAR, s. 22 – 23; AYDINLI, s. 38; NARTER, s. 86.
[19] NARTER, s. 86; AYDINLI, s. 38; AKPINAR, s. 23; SÜMER, s. 17; YENİHAN/YILMAZ, s. 17 – 18.
[20] BAYBORA, s. 8; AYDINLI, s. 39; KILKIŞ, s. 48.
[21] SÜMER, s. 18; NARTER, s. 86 – 87; AKPINAR, s. 24; YENİHAN/YILMAZ, s. 18; ÇETİNDAĞ, s. 27.
[22] GÜNDÜZ, Selim, Responsibilities and Rights of Workers in terms of Occupational Health and Safety, Fırat University Journal of Oriental Studies, C. 3, S. 2, pp. 124 - 125; DEMİRCİOĞLU, Murat, Worker Health and Workplace Medicine in Comparative Law and Turkey, Journal of Labor Law and Economics, C. 44, S. 2, Kamu-İş Publication, June 1997, p. 193; SÜMER, s. 3.
[23] AYDINLI, s.40; NARTER, s. 56; AKPINAR, s. 2; YENİHAN/YILMAZ, s. 9; GÜNDÜZ, s. 125; ŞEN, s. 128.
[24] AYDINLI, s. 41; YENİHAN/YILMAZ, s. 10 – 12; AKPINAR, s. 2; GÜNDÜZ, s. 125; SÜZEK, İş Güvenliği,s. 8; SÜMER, s. 5.
[25] YENİHAN/YILMAZ, s. 12 – 13; NARTER, s. 72; ŞEN, s. 128; SÜMER, s. 5 – 7.
[26] BAYBORA, s. 10; SÜMER, s. 8;
[27] SÜMER, s. 8; BAYBORA, s. 10; NARTER, s. 58; EKİN, Ali, The Consequences of Not Complying with the Obligations Regarding Occupational Health and Safety (Employer Perspective), Yetkin Publications, Ankara 2010, p. 25.
[28] NARTER, s. 59; SÜMER, s. 8 – 9; KILKIŞ, s. 8; BAYBORA, s. 10; EKİN, s. 25; Yargıtay da bir kararında iş sağlığı ve güvenliğinin amacını şu cümleler ile belirtmiştir: “The aim here is to eliminate all obstacles to the worker's right to bodily integrity and life due to the work being performed. Yargıtay 10. HD, K.T. 18.02.2014, 11147/3047.
[29] AKPINAR, s. 240 – 241; DEMİRCİOĞLU, Murat/KAPLAN, Hasan Ali, Organization of Occupational Health and Safety in the Workplace within the Framework of the Occupational Health and Safety Law No. 6331, Sicil Dergisi, S. 30, 2013/5, p. 7; ÖZDEMİR, Erdem, İş Sağlığı ve Güvenliği Hukuku, Vedat Kitapçılık, İstanbul 2014, s. 106; CENTEL, Tankut, The Application Area and Scope of the Occupational Health and Safety Law, Armağan to Prof. Dr. Nur Centel, MÜHFAD, C. 19, S. 2, September 2013, pp. 79 et seq; SÜMER, s. 53 vd; AYDINLI, s. 90.
[30] AYDINLI, s. 90 – 91;
[31] SÜZEK, Sarper, Labor Law, Revised 12th Edition, Beta, Istanbul 2016, p. 962; ÖZDEMİR, s. 441; GÜNER, Recep, The Application Area and Scope of the Occupational Health and Safety Law, Armağan to Prof. Dr. Nur Centel, MÜHFAD, C. 19, S. 2, September 2013, pp. 79 et seq;
[32] MOLLAMAHMUTOĞLU, Hamdi/ASTARLI, Muhittin/BAYSAL, Ulaş, Labor Law, 6th Edition, Ankara 2014, p. 1388; AYDINLI, s. 223.
[33] AYDINLI, s. 224.
[34] SÜZEK, İş Hukuku, s. 963; MOLLAMAHMUTOĞLU/ASTARLI/BAYSAL, s. 1389.
[35] SÜZEK, İş Hukuku, s. 963; MOLLAMAHMUTOĞLU/ASTARLI/BAYSAL, s. 1389; SARIBAY ÖZTÜRK, s. 216.
[36] SÜZEK, Sarper, The Rights and Obligations of Workers on Occupational Health and Safety, Legal İHSGHD, C. 2, S. 6, Istanbul 2005, p. 620; YILMAZ, Fatih, Obligations of Employers and Employees under the Occupational Health and Safety Law, Toprak İşveren, S. 97, March 2013, pp. 19 - 20; SÜMER, s. 187.
[37] SÜMER, s. 188 – 189; ÖZDEMİR, s. 435 – 436; ŞEKER, Melih, The Obligations of Employees in Occupational Health and Safety Law and the Consequences of Behaviors Contrary to These Obligations, Istanbul Bar Association Journal, C. 92, S. 5, 2018, pp. 202 - 203. 10th HD of the Court of Cassation, K.T. 09.06.2011, 1709/8498; In particular, the fact that the employee has certificates and training related to the vehicle and his/her experience will be taken into consideration in determining the fault. Court of Cassation 9th CD, K.T. 16.06.2004, 3042/2944.
[38] SÜZEK, Labor Law, p. 963 - 964; GÜNER, s. 74
[39] Yargıtay 10. HD, K.T. 29.09.2003, 5697/6251.
[40] Yargıtay 10. HD, K.T. 06.06.2011, 2399/8301.
[41] ÖZDEMİR, s. 437 – 440; Yargıtay 10. HD, K.T. 14.10.1977, 1613/6398; YCGK, K.T. 13.04.2004, 2-57/92.
[42] ÖZVERİ, Murat, İşçi Sağlığı, İş Güvenliği ve İş Cinayetleri, Birleşik Metal-İş Yayınları İstanbul 2015, p. 107 - 108; KUTSAL SAVAŞ, Burcu, The Obligations of Employees in terms of Occupational Health and Safety and the Sanctions Attached to Behaviors Contrary to These Obligations, BÜHFD, C. 11, S. 143 - 144, Istanbul 2016, p. 103.
[43] KUTSAL SAVAŞ, s. 105.
[44] SÜMER, s. 189; ÖZDEMİR, s. 441; KUTSAL SAVAŞ, s. 106; ŞEKER, s. 203.
[45] KILKIŞ, s. 157; SÜMER, s. 189 – 190; ÖZDEMİR, s. 442; GÜNER, s. 75; ŞEKER, s. 203 – 204; KUTSAL SAVAŞ, s. 108 – 109.
[46] KIRAN, Sibel/KONUK, Numan/ATİK, Levent/ SALTIK, Banu/ŞAHİN, ZÜHTÜ/AYOĞLU, Ferruh Niyazi, Alcohol Use in Work-related Injuries, Journal of Addiction, C. 7, S. 3, 2006, p. 126.
[47] Yargıtay 9. HD, K.T. 08.12.2016, 1000/21771.
[48] SÜMER, s. 190 – 191; ÖZDEMİR, s. 443.
[49] ÖZDEMİR, s. 444.
[50] SÜMER, s. 192.
[51] MAKAS, Recep, The Worker's Duty of Care According to the Turkish Code of Obligations and Labor Law and the Legal Consequences of Breach of the Duty, GÜHFD, C. 16, S. 4, Ankara 2012, p. 149.
[52] SÜMER, s. 269; ÖZDEMİR, s. 453 – 454.
[53] İREN, Ertan, The Obligation of Workers to Comply with Occupational Health and Safety Rules and the Sanctions to be Faced in Case of Violation, Sicil İş Hukuku Dergisi, 2006/3, p. 95 et seq.
[54] ÖZDEMİR, s. 459; ŞEKER, s. 208.
[55] SÜMER, s. 270; SÜZEK, Labor Law, p. 963.
[56] AYDINLI, s. 311.
[57] MOLLAMAHMUTOĞLU/ASTARLI/BAYSAL, s. 1389; AYDINLI, s. 228; SÜMER, s. 271.
[58] SARIBAY ÖZTÜRK, s. 220; SÜMER, s. 272; KUTSAL SAVAŞ, s. 112.
[59] İREN, s. 92.
[60] SARIBAY ÖZTÜRK, s. 237.
[61] SÜMER, s. 274 – 275; ÖZDEMİR, s. 463 – 465.
[62] SÜMER, s. 276 – 277;
[63] SARIBAY ÖZTÜRK, s. 245; AYDINLI, s. 274; SÜMER, s. 278.
[64] SARIBAY ÖZTÜRK, s. 235; SÜZEK, Labor Law, p. 963.- 964; SÜMER, s. 279.