ERDEM-NEWSLETTER-2018-metin

349 LABOR LAW Employers’ Liabilities Arisen from the Occupational Health and Safety in Light of the Decisions of the Court of Cassation* Att. Yesim Tokgoz In Turkey, although labor law is known as the law that protects employees, all it requests from the employers is to keep their records in line with legislation and jurisprudence, adhere to their legal obliga- tions, and demonstrate such actions through documentation. However, it is true that some actions are difficult to prove. Within this scope, maybe one of the hardest responsibilities to prove is employers’ pro- tection obligations towards their employees, arising from occupational health and safety matters. In this article, we will shed light on the provision of occupational health and safety obligations of employers, and their legal obligations and criminal repercussions in light of the decisions of the Court of Cassation 1 . Legal Regulations After the Law on Occupational Health and Safety (“LOHS”), numbered 6331, and the Regulation on the Occupational Health and Safety Services (“Regulation”) entered into force, a new era began in Turkey. These basic regulations were followed by the Regulation on the Procedure and Principles of the Employee’s Education regarding Occupational Health and Safety, Regulation regarding Occupational Health and Safety for the Temporary and Fixed Term Works, Regula- tion regarding the Mission, Authority, Responsibility, Education of the Occupational Safety Experts, Regulation regarding the Shutdown, Regulation on the Occupational Health and Safety Services Realized * Article of February 2018 1 Uzun, Alper : The Obligations of the Employer Regarding Occupational Health and Safety, Erdem & Erdem Newsletter, March 2011, http://www.erdem- erdem. av.tr/publications/law-post/the-obligations-of-the-employer-regarding-occupa- tional-health-and-safety/ (Access date: 02.03.2018)