ERDEM-NEWSLETTER-2018-metin

350 NEWSLETTER 2018 by the Employers and Vice Principal in the Workplaces, Regulation on the Risk Evaluations. All of these regulations were drafted in ac- cordance with the principles of the European Union and International Labor Organization, and lead to many innovations 2 . Obligations of Employers Arising from Occupational Health and Safety The employer is responsible to ensure that all of the necessary precautions fit for each specific purpose in order to protect its employ- ees’ physical and mental integrity by providing all of the necessary equipment and personal protection materials, making them utilize the same appropriately, prepare an emergency plan, apply the planned precautions, and enforce the established rules. In addition, employers must educate their employees, subcontracted workers, and temporary workers, and must give sufficient and affective information regarding the occupational health and safety precautions and rules, evaluate and analyze the risks that may cause accidents during work, audit their employees and workers while they are working, and employ the oblig- atory personnel that the legislation so requires. Otherwise, administra- tive fines and shutdowns shall be applicable pursuant to Article 26 of LOHS, and employers shall have indemnity obligations. Employers shall take all precautions that intelligence, science, and technology enable. Taking only reasonable precautions is not suf- ficient for employers to fulfill their obligations. Historical negative habits and traditions of business life cannot affect employers’ obli- gations. Within this scope, employers cannot avoid their obligations by stating that they could not take the necessary precautions because of the lack of experience, lack of knowledge regarding scientific and technologic improvements, bad economic conditions, or that similar plants do not take any such precautions 3 . Furthermore, employers cannot refrain from taking precautions, assuming that they are unnec- 2 Uzun, Alper : The Code of Labor Health and Safety and Its Purview , Erdem & Er- demNewsletter, June 2012, http://www.erdem-erdem.av.tr/publications/law-post/ the-code-of-labor-health-and-safety-and-its-purview/ (Access date: 02.03.2018). 3 Decision of 21st Chamber of Court of Cassation, 24.03.2016, No. 2016/4174 E. 2016/5185 K.