The most important function of the state in the employee health and security of work field, is to prevent profesional accidents or to minimise it. Also. state should create laws related to the security of work and control the implementation of the rules and regulation and put sanctions if neccesary. State has adjusted this field by the constitution, laws and regulations or by laws which are prepared in compatible with the main laws. These rules and regulations are enough to remain the heath of workers and to prevent professional accidents but it is neccessary to force them to implement the arragements. In our law system; creation of new laws to propect worker heath and security of work, updating of these rules and regulations and controling of implementation of them was given to state as a duty. The controling system of the employers from the point of worker heath and security of work can be classified such as: States control, domestic control inside the companies and control of the holder of the right. States control includes Ministiry of Working and Social Security. There are three subcatagories in the state control: Work control committee of the ministiry. social insurances institutions control and control of profecional chambers over the rules and regulations. Control system inside the institutions which can be accepted as outside the state, was performed by the committee of Employee Heath and security of work which established in the ménagements. Outside the above mentioned control mechanisms, there is control of holder of the employers, that is very important. The dept of the employer to take measures against the employee heath and security of work generally occures because of the responsibility of the employers over the workers. This responsibility is valid for the events during the working hours to secure the life, soil unity and to keep the heath conditions. If the employer does not behave in compatable with his responsibility then he'll get difficulties before the law. First of all, because of the ordering nature of the regulations in the employee heath and security of work field as a rule, the parts can not ignore the implementation of measures by the bilateral agreements. So, if the servicing agreement of the employers does not cover. Employee heath and security of work traditions, then this agreement can not be accepted as a valid one. Secondly, altough the workers lobour depends on the employers government, the employer will be responsible before the oblegee in the case of lack of security of work. Also a worker can cancel the working contact with the condition of a valid reason. In the employee health and security of work field • the emloyers. primiarly, are responsible from the area that the social insurunce institution is not in action to componsate. A worker can demand metarial or mural indemnity in the case of insuring at work or geting a professional diseas. In addition to this, if a worker died at work from an illnes caused by his job, the relatives who or the victims can demand the indemnity of being lack of support and mural indemnity from the employers. Beside the above mentioned legal responsibility, the employer has also, executive and criminal responsibilities. Among the executive responsibilities of the employer, there are sanctions of the law such as closing the ménagement stoping the work, and keeping the workers out of the work. In the criminal responsibility, for ever legal event, the related articles of the law would be implemented to each action. Sometimes the inspectors are authoritized to give time employers to adjust the incomplete part of the working conditions which is neccessary before the implementation of the criminal acticles of the rules. For the employers, escaping from the responsibilities possible only under the conditions that those had to be an effective reason; like the guilt of the victim, or a fault of a third person or the victim can not cut the relationship between the event an employer's position. This situation only reduce the ratio of responsibility of the employer according to the nature of the event. It is not enough to put laws into effect to prevent work accidents and professional diseas. It is neccessary to implement mentioned laws. A law system for security of work can not do anything even if it is the most excellant are without an effective the implementation control mechanism. To implement the law system of working life, it is required to create control mechanism immediately. When we observe the difficulties of working law in performance and inadeqacy in the implementation, we can easly see the neccesity of researches to find alternative systems. The reasons which weakened the effectiveness of the control mechanism should be removed that to reach the aim in that issue. Generally, reasons decreas the effectiveness of control mechanism are lack of enough authority of inspectors for interpretation, there are a few lawsuit against the employers, the pro-payment institution which prevent the lawsuit for the real compensation the unadequacy of dissadeness of the law. the scarcity of the members of the control mechanism, unconsciousness of workers and their institutions in the system,, the longness of the lawsuits in our law system, the broucratic obstacles and like that... The investigations showed that, although there were law system which regulates the employee heath and security of work, the situation is critical and important attantion should be given to the control of implementation of the mentioned laws. When the risk of professional disease and accidents minimised, by the control mechanism, the responsibility of the employers also diminished. Taking the measures for security of work will increase the cost in the shot run, howewer, the lack of professional disease and work accidents or fewness of them will decrease the cost over the long run. This development will prevent the criminal responsibility of the employer and also will be more profitable in the long run period.

Sami Narter

Gazi University · Kazaları Araştırma ve Önleme Enstitüsü

1992