- WHAT ARE WE DOING TO ENSURE OCCUPATIONAL HEALTH AND SAFETY?

WHAT ARE WE DOING TO ENSURE OCCUPATIONAL HEALTH AND SAFETY?

We are aware of how great the employer's responsibility is in a work accident that occurs in a workplace where occupational health and safety measures are not taken. For this reason, we minimize the risks in your workplace with the protective safety equipment we produce.

Unfortunately, employers do not give enough importance to the precautions to be taken during working at height in our country. For this reason, there are many occupational accidents in the form of falling from a height, and many workers lose their lives as a result of these accidents. Our aim is to prevent these unwanted accidents with the protective safety equipment we produce in your workplace.

EXAMPLES OF JUDICIAL DECISIONS REGARDING THE EMPLOYER'S CRIMINAL RESPONSIBILITIES IN OCCUPATIONAL ACCIDENTS RESULTING FROM HIGH FALLS:

In the decision of the 12th Criminal Chamber of the Court of Cassation, dated 21.12.2017, with the decision numbered 2016/3919 and 2017/10615; In the work accident where the worker doing plaster work on the third floor of the construction fell from the scaffold due to a slip on the scaffold and a 2nd degree bone fracture occurred, the employer said that "the employer did not control the strength and durability of the selected scaffold according to the way of installation and use, the opportunity to work with a parachute type seat belt by creating a vertical lifeline for its employees, and It has been decided that he should be punished for the crime of injury on the grounds that “it does not constitute an inspection”.

In the decision of the Criminal General Assembly of the Court of Cassation, dated 13.04.2004, with the basis of 2004/2-57 and decision numbered 2004/92; “Employers are obliged to take the necessary precautions regarding occupational safety and to ensure that the workers use these materials by having safety materials such as helmets and safety belts that work. However, workers are also obliged to comply with the occupational safety rules, to use safety materials such as helmets and safety belts provided by the employer, and to demand that these rules be followed and the necessary safety materials provided if the occupational safety rules are not followed. Those who do not comply with these regulations will be at fault in the accidents that may occur because of this.” explanations are included.

In the decision of the Criminal General Assembly of the Supreme Court, dated 25.04.2017, with the decision numbered 2016/104 and 2017/144;

“...at around 16.30 on the day of the incident, when the deceased finished the exterior cladding work on the third floor of the building under construction, where the accused was the contractor, and stepped on the aluminum-clad window sill to enter the building using the window from the pier, he slipped about 12.40 meters. in the event that he died by falling from a height;

Occupational health and safety belongs to the accused .... The structure, which is the sub-contractor to which it has transferred the work ... Continuing responsibility with the structure, supply of scaffolding, assembly and disassembly according to the contract made ... Belonging to the structure, inspection When the non-defendant ...'s statement that he is a technician and fulfilled ... The main employer, who could not appoint a site manager for the construction ... It must be accepted that the accused, who has responsibility on behalf of the structure, was at fault in the occurrence of the incident because he did not check whether the scaffold was safe or not, and did not inspect the practices of the subcontractor on occupational safety and whether the workers were working in accordance with the rules. ” In the concrete case where the exterior cladding work was carried out by the subcontractor, it was stated that the accused, who was the main employer, had criminal responsibility for the death that took place.

In the decision of the Criminal General Assembly of the Court of Cassation, dated 14.03.2019, with the decision numbered 2017/451 and 2019/211; In the incident where the worker who repaired the roof for a lump-sum fee died while walking on the roof without any protective equipment, he fell to the ground from a height of about 6 meters as a result of breaking the athermia he stepped on, and the employer stated, “…the defendant said that by extending a roof ladder or plank over the roof covering, walking paths were made, a steel rope was stretched on the top of the roof. It should be accepted that the deceased did not work with a seat belt to be attached to this rope, did not fulfill the obligations stipulated in the legislation regarding occupational health and safety, and did not foresee the result that could be foreseen by acting against the obligation of attention and care, and the event in question occurred, therefore, the defendant was at fault in the event of death. It was decided that he had criminal responsibility on the grounds of ”.