مرکز منطقه ای اطلاع رساني علوم و فناوري - THE CRIMINAL LIABILITY OF MEMBERS OF THE LEGAL ENTITY İN THE OCCUPATIONAL ACCIDENTS AND OCCUPATIONAL DISEASE

Abstract :

The occupational accidents and occupational disease occur due to not taking occupational health and safety precautions but actually all of them are preventive. After a big occupational accident in our country, by amending the regulations concerning occupational health and security, the authorities are trying to avoid occupational accidents.the employers are those who are required to take occupational health and security precautions. The employees are liable to work in line with these precautions. Employers can be both natural person or legal entity. Especially big corporations prefer to be legal entity today. Legal entities are liable to the damages emerged from occupational accidents and illnesses. But in terms of penal, mostly the represantatives of the employers who are just workers are penalized. Therefore, without being responsible for penalties, the members of the legal entities behave in snugness and carefree manner and the occupational health and security are not provided efficiently. Thus chairman of the board and at least one of the member of the board should have to be authorized to take the necessary measures the legislations required. Considering the penalties deterrence features, the legislations should include that these persons will be liable in terms of crime.