ERDEM-NEWSLETTER-2018-metin

354 NEWSLETTER 2018 the break of the nail is unavoidable, but the damage to the worker’s eye is not inevitable since it could have been avoided through the use of wearing safety/protection glasses. Thus, in such cases, the principle of inevitableness shall not be applicable, and the employer shall be held liable 13 . Within this scope, scientific and technical developments grant the opportunity to prevent such inevitable situations. Employer’s Criminal Repercussions An employer’s criminal repercussions rely on fault-based obliga- tion, which means that in order that such responsibility lies with an employer, a behavior as a result of a fault must exist. In labor law, in accordance with the principle of individual criminal responsibility, only real persons are criminally liable. Persons who are involved with taking necessary measures shall be determined by internal directives. Legal entities cannot be subject to criminal responsibility. If the involved persons prove that they fulfilled all of their obliga- tions by, for instance, educating their employees, providing necessary personal protection equipment, auditing their usage in the workplace, and submitting documentation regarding their actions, criminal liabil- ity shall not arise. On the other hand, however, in the case of a breach, the involved persons shall be punished, even with imprisonment. Conclusion Employers must keep current with scientific and technological developments, take all kinds of measures that are possible in the rele- vant occupied area, and, thereby, improve themselves. Otherwise, they will hold first position in being held liable, and their administrative, criminal and legal responsibilities are far reaching. Pertaining to the 2016 statistics of the Community of Occupational Health and Safety Professionals 14 , 286.68 employees suffered occupational accidents, and 597 employees contracted occupational illnesses. These numbers may only decrease by affective measures and policies applied by de- liberative employees. 13 Decision of 21st Chamber of Court of Cassation, 16.02.2015, No. 2014/21190 E. 2015/2544 K. 14 TUISAG, Yıllık İş Kazaları İstatistikleri, https://tuisag.com/yillik-is-kazalari- istatistikleri/ (Access date: 02.03.2018).