The consequences of disregarding the occupational health and safety obligations

The supervising obligation come up from the work agreement binding upon the employer to act in favor of the wellbeing and the benefit of the worker, to help and protect him in addition to avoiding from the behaviors giving damage to the worker. The employer, because of the supervising obligation must fulfill the responsibilities derived from the occupational health and safety. As a result, the worker, is too responsible to adjust with the environment assured by the employer for the occupational health and safety conditions. Besides the responsibilites of both sides including employers and employees being the parts of the work agreement, there are also some obligations for the state and the trade unions. The fulfillments of these obligations will facilitate to deal with the work accidents and professionnal deseases.Regarding to the supervising obligation principle, the employer who did not fulfill the obligations for the occupational health and safety conditions, will be subject to some legal and administrative sanctions. While the articles which arrange the fiscal, moral compensations and compensations for being deprived from support are stated in the Debts Law (Art. 46, 47 and 45), as a legal sanction, the avoiding right from the working in the work place having no the safety of the worker is stated in both Debts Law (Art. 325) and Labor Law (Art. 83/3), Because of the disagreement on the occupational health and safety, the right of immediate annulment of the work agreement for the worker is stated in Labor Law (Art. 83/5). The administrative sanctions in the subject of occupational health and safety, according to the nature of the danger in the work place, will be determined by the occupational safety inspectors. While the sanctions including the suspension of the work, or the prevention of workers from work with the closing down of the work places will be implemented upon the decision of the related commission, the fine will be implemented by the inspectors. In addition, in the case that the worker injuries or dies because of the fact that the employer does not take the precautions for the occupational health and safety conditions, that would lead legal sanctions for the employers. Besides that, the worker will also be subject to the sanctions including the annulment of the work agreement or compensation of physical damage of the employer in the case of not fulfilling occupational health and safety obligations.