Occupational health and safety responsibilities in the principal employer-subcontractor relationship

The relationship between the principle employer and the subcontractor has importance on the issue of occupational health and safety; because of the characteristics of the subcontracting relationship. The fact that a considerable fraction of occupational accidents has occurred on the working site where subcontracting relationship is present and on the workplaces of the subcontractor supports the importance of subcontracting relationship on the matter. When the subcontractor is employed by the principle employer, workers of the subcontractor start to work on the work site where the principle employer is mainly in charge of. Hence, principle employer and subcontractor should act in cooperation and coordination to provide healthy and safe conditions for workers on work sites which are impossible to be separated physically. Besides, considering the relative financial weaknesses of subcontractors and their propensity to shirk their responsibilities regarding the health and safety of the work site, there should be extra measures to ensure the health and safety standards are implemented. For this reason, employers are liable for extra responsibilities when they are a side of subcontracting relationship by the Law No. 6331 and the related by-laws. Firstly, this study explains the notion of the relationship between the principle employer and the subcontractor, the conditions of engagement of the subcontracting relationship, related provisions and consequences, and sanctions of illegalities. Secondly, an employer's extra responsibilities which arises when in a subcontracting relationship are explained in detail alongside with the general assessment of the responsibilities of an employer when subcontracting is not present. Lastly, the effects of employers' practices which are against the legal responsibilities on the matter of occupational health and safety are analyzed. Keywords: principal employer, subcontractor, occupational health and safety, occupational health and safety responsibilities, liability, joint liability