Investigation of the results of mining accidents with legal decisions within the scope of work safety

Throughout the historical process, people have strived to make their lives easier and to live and work in a healthier way since ancient times, so they have discovered various mines in a constant search and continued to search for mines. All these mineral exploration operations, although generally heavy and arduous, have created a dangerous work area, and in this field, especially with the industrial revolution in the 18th century, the conditions in business life have become worse, and accordingly, the conditions in the mining sector have also become worse and an increase in work accidents has been observed with worsening working conditions. In our country, some laws were implemented before and after the Republic to ensure improvement in occupational safety and working conditions in mining, but the desired level was not reached. As a result of the European Union harmonization processes and developments, with the Occupational Health and Safety Law No. 6331 published in June 2012, a general compilation was made about the duties, powers and responsibilities of employers and employees in order to improve the current health and safety conditions. However, despite all the studies, prohibitions, precautions and laws, the mineral exploration and mining sector is in an extremely dangerous business class and major accidents and major losses always occur. Negligence and negligence crimes are defined in Articles 85 and 89 of the Turkish Penal Code No. 5237, depending on the circumstances of intent, fault or negligence as a result of accidents, and a more effective trial is aimed by determining which acts will be negligent. In this thesis study, in the light of the decisions made by the higher judicial bodies, who was held responsible and why in some major mining accidents such as the Kozlu, Karadon, Soma and Amasra mine accidents that took place recently, and the fact that many employees in the mining sector, as well as the employer, did not comply with the duty of care and attention, the example accident will be discussed according to the case. The problems identified and solution suggestions have been compiled by evaluating the effects on occupational health and safety in terms of criminal law of the legal decisions in which the people who were tried were tried for conscious negligence or possible intent and were punished for the crimes of causing injury or causing death by negligence.