Occupational Accidents and Occupational Diseases: Employer Responsibilities
Legal Framework of Occupational Accidents and Occupational Diseases
Occupational accidents and occupational diseases are among the most important issues in employment law because they directly concern an employee’s right to life, health, and physical integrity. In Türkiye, the primary legislation governing occupational health and safety is Law No. 6331 on Occupational Health and Safety, while Law No. 5510 on Social Insurance and Universal Health Insurance also contains significant provisions concerning social security rights and employer obligations.
The employer’s primary duty is not limited to taking action after an accident or occupational disease has occurred. The fundamental obligation is to establish a system capable of preventing accidents and occupational diseases before they occur.
Under Article 4 of Law No. 6331, employers are responsible for ensuring the occupational health and safety of employees, taking all necessary measures, organizing the workplace accordingly, providing the necessary equipment, adapting safety measures to changing conditions, and continuously improving existing conditions. Employers must also monitor and supervise whether the measures taken are actually being followed.
Accordingly, when an occupational accident occurs, the assessment should not be limited to how the accident happened. It is also necessary to examine which preventive measures the employer had taken before the accident and whether those measures were effectively implemented.
Legal Characterization of an Occupational Accident
Under social security legislation, an occupational accident is generally an event that occurs under circumstances defined by law and causes the insured employee to become physically or mentally impaired, either immediately or subsequently.
An occupational accident does not necessarily have to occur within the physical boundaries of the workplace. An incident that occurs while an employee is outside the workplace because of an assignment or task carried out on behalf of the employer may also qualify as an occupational accident depending on the circumstances.
For example, if an employee is sent by the employer to another workplace, a construction site, a customer’s premises, or another location for work-related purposes and suffers an accident while performing that assignment, the incident may constitute an occupational accident.
Similarly, accidents occurring during transportation carried out for work purposes using a vehicle provided by the employer may also fall within the scope of an occupational accident, depending on the circumstances.
Therefore, determining whether an incident constitutes an occupational accident requires more than examining where the incident occurred. The legal connection between the incident and the employment relationship must also be assessed.
Employer’s Duty to Prevent Occupational Accidents
The fundamental principle underlying the employer’s responsibility for occupational accidents is the principle of prevention.
Law No. 6331 requires employers to identify risks in advance and take appropriate measures against those risks.
Employer obligations include, in particular:
- carrying out or commissioning risk assessments,
- preparing emergency plans,
- taking the necessary occupational health and safety measures,
- providing employees with appropriate training,
- informing employees about workplace risks,
- providing appropriate personal protective equipment,
- ensuring occupational health surveillance,
- obtaining necessary services from occupational safety specialists and workplace physicians,
- recording occupational accidents, and
- making the legally required notifications.
The Ministry of Labour and Social Security also emphasizes employers’ obligations concerning risk assessments, emergency plans, health surveillance, training, information, and the recording and reporting of occupational accidents.
An important point is that merely preparing written documents is not sufficient. The safety measures identified must actually be implemented and monitored.
Importance of Risk Assessment
Risk assessment is one of the fundamental elements of an employer’s occupational accident prevention system.
The employer must identify existing and potential hazards in the workplace, assess the risks these hazards create for employees, and implement measures to eliminate or reduce those risks.
A risk assessment should not be treated as a document prepared only once.
Changes in machinery or equipment, modifications to production methods, the introduction of a new chemical substance, changes in work organization, or the occurrence of an accident revealing a previously unidentified risk may require the risk assessment to be reviewed and updated.
Therefore, from an employer’s perspective, the important issue is not simply whether a “risk assessment file” exists, but whether effective measures have actually been taken against the risks identified in that assessment.
Employee Training and Information
A significant number of occupational accidents may be associated with employees not being adequately informed about workplace risks or not receiving appropriate training.
Employers must provide employees with the information necessary for their work and workplace and ensure that they receive occupational health and safety training appropriate to the nature of their duties.
Particular attention should be given to employees who are newly recruited, transferred to another position or workplace, or required to operate new machinery or equipment.
Training obligations are particularly important in hazardous and highly hazardous workplaces.
The Ministry of Labour and Social Security states that employers must provide employees, before they begin working, with the necessary training concerning workplace-specific risks and the measures required for protection.
Personal Protective Equipment and Safe Working Conditions
Employers must ensure that appropriate protective equipment is used according to the nature of the risks present in the workplace.
Depending on the work performed, this may include helmets, safety footwear, protective eyewear, gloves, hearing protection, safety harnesses, or respiratory protection.
However, providing personal protective equipment does not mean that the employer has fulfilled all other occupational health and safety obligations.
Under Law No. 6331, risks should, as far as possible, be controlled at their source, and collective protective measures should be prioritized over individual protective measures.
For example, if a dangerous machine lacks an appropriate safety system, simply providing the employee with protective equipment may not be sufficient to eliminate the underlying risk.
Employer’s Duty of Supervision
An employer’s occupational health and safety responsibility does not end with informing employees of the applicable rules.
The employer must also monitor and supervise whether employees comply with the established safety requirements.
For example, if an employer has instructed employees to use protective equipment but knowingly allows employees to work without using that equipment, merely having provided written instructions may not always be sufficient to establish that the employer has fulfilled its obligations.
An effective occupational health and safety system consists of training, organization, supervision, and corrective measures working together.
Reporting Occupational Accidents
When an occupational accident occurs, the employer cannot simply conduct an internal investigation and consider the matter resolved.
Under Law No. 5510, for employees insured under Article 4/1(a), the employer must immediately notify the competent law enforcement authorities at the location where the accident occurred and notify the Social Security Institution within three working days following the accident.
Failure to comply with the notification obligation within the statutory period may result in administrative and financial consequences for the employer.
Therefore, following an occupational accident, the employer must ensure that the incident is properly recorded, necessary medical and safety interventions are carried out, and all legally required notifications are made within the applicable deadlines.
Legal Characterization of an Occupational Disease
Unlike an occupational accident, an occupational disease generally does not arise from a single event.
An occupational disease refers to a health condition that may develop over time because of the nature of the work performed or the conditions under which the work is carried out.
For example, prolonged exposure to chemicals, excessive noise, dust, vibration, physically demanding work, or certain biological hazards may adversely affect an employee’s health.
For this reason, health surveillance and workplace risk assessment are particularly important in preventing occupational diseases.
Reporting Occupational Diseases
When an employer learns that an insured employee has developed an occupational disease, the employer must make the required notification within the statutory period.
Under the current Social Security Institution guidance, an occupational disease must be reported within three working days from the date on which the employer becomes aware of the condition.
Failure to comply with the reporting obligation may result in administrative fines and, under certain circumstances, recourse by the Social Security Institution against the employer for expenses incurred as a result of the occupational disease.
Therefore, employers should regularly monitor employees’ health conditions and occupational exposure.
Employer Responsibility Following an Occupational Accident
The occurrence of an occupational accident does not automatically mean that the employer will be held liable in every case.
However, it may be necessary to examine whether the employer fulfilled its occupational health and safety obligations, whether the employer was at fault in causing the accident, and whether there is a legally relevant connection between the employer’s failure and the accident.
In this context, the following documents and records may become important:
- risk assessments,
- training records,
- occupational safety instructions,
- maintenance records,
- inspection and supervision documents,
- personal protective equipment records,
- medical reports,
- workplace physician records, and
- accident reports.
The fact that an employer has obtained occupational health and safety services from an external specialist or organization does not automatically eliminate the employer’s legal responsibility. Law No. 6331 expressly addresses this issue.
Employee Rights Following an Occupational Accident
An employee who suffers an occupational accident may acquire various rights under social security legislation.
Depending on the circumstances, these may include:
- temporary incapacity benefits,
- permanent incapacity income,
- medical treatment and healthcare services,
- social security payments to eligible dependents in the event of death,
- material damages, and
- non-pecuniary damages.
The relationship between the employee’s losses resulting from the occupational accident and the employer’s legal responsibility must be assessed separately.
Such an assessment should not be limited to social security benefits. The employee’s actual financial and non-financial losses may also need to be considered based on the circumstances of the case.
Compensation Liability Arising from an Occupational Accident
If an occupational accident causes injury to an employee’s physical integrity, the employer’s liability for compensation may arise.
Material damages may include economic losses suffered by the employee and reductions in earning capacity.
In relation to non-pecuniary damages, the employee’s physical and psychological suffering and the nature of the incident may be taken into consideration.
If an occupational accident results in death, the employee’s family members or other eligible persons may also have claims arising from the losses they have suffered.
In such disputes, the degree of fault, the amount of damages, the causal relationship, and all circumstances of the incident may be subject to both technical and legal examination.
Liability of Principal and Subcontractor Employers
Subcontracting relationships are particularly important in the field of occupational health and safety.
Where several employers operate within the same workplace, coordination of occupational health and safety measures becomes necessary.
The Ministry of Labour and Social Security states that the principal employer must fulfill its obligations concerning its own employees and that risks arising from the activities of subcontractors must also be assessed and coordinated within the workplace.
This issue is particularly significant in sectors such as:
- construction,
- manufacturing,
- logistics, and
- large-scale infrastructure projects.
Occupational Accidents Involving Foreign Employees
Occupational Accidents Suffered by Foreign Workers
Foreign employees legally working in Türkiye are also employees whose occupational health and safety must be protected by their employers.
The nationality of a foreign employee does not eliminate or reduce the employer’s duty to provide a safe working environment.
The employer must provide the foreign employee with the necessary information and training concerning the risks associated with the work being performed.
Where there is a significant language difference in the workplace, simply providing written instructions in Turkish without ensuring that the employee understands them may create difficulties in fulfilling the practical purpose of the training obligation.
The employer’s fundamental objective should be to ensure that the employee genuinely understands and can apply the applicable safety rules.
Occupational Health and Safety Training for Foreign Employees
For foreign employees, the comprehensibility of occupational health and safety training is just as important as its content.
Where an employee has limited proficiency in Turkish, employers should adapt their training and information methods so that the employee can actually understand the relevant safety requirements.
For example, providing critical machine safety instructions in a language the employee does not understand may create a situation in which a formal training record exists but the actual safety objective has not been achieved.
For this reason, international workplaces may benefit from:
- multilingual safety instructions,
- visual safety warnings,
- practical training,
- interpreter assistance, and
- methods for verifying that the employee has understood the training.
These measures can strengthen the overall occupational health and safety system.
Work Permits of Foreign Employees and Occupational Accidents
Whether a foreign employee holds a valid work permit does not eliminate the employer’s fundamental duty to protect the employee’s occupational health and safety.
However, the scope of the employee’s work permit, the duties actually performed, and the legal relationship between the employee and employer must be assessed separately.
Employers must not employ foreign employees outside the scope of their work authorization or under unlawful working conditions.
If an occupational accident occurs, its consequences under social security and employment law must be assessed according to the employee’s insurance status and the specific circumstances of the case.
Occupational Accident Liability of Foreign Employers
Foreign companies and foreign employers operating in Türkiye are also required to comply with Turkish occupational health and safety legislation.
The fact that a company’s headquarters are located in Germany, the United Kingdom, the United States, or another country does not automatically exclude the application of Turkish occupational health and safety legislation to its workplace in Türkiye.
In particular, the global occupational safety policies of multinational companies should not fall below the mandatory safety standards applicable in Türkiye.
If a company’s global standards provide a higher level of protection than the minimum standards required under Turkish law, implementing those standards in Türkiye may provide additional protection for employees.
Nevertheless, the company’s global policies must be adapted to comply with the mandatory requirements of Turkish law.
Foreign Employer Obligations Following an Occupational Accident
When an occupational accident occurs at a workplace operated by a foreign employer in Türkiye, the required notification and recording procedures under Turkish social security and occupational health and safety legislation must be carried out.
The fact that the company’s headquarters are located abroad does not eliminate the statutory notification obligations applicable to the workplace in Türkiye.
For this reason, the human resources, legal, and occupational health and safety departments of multinational companies should operate in coordination.
It is particularly important to distinguish between reporting an occupational accident to the company’s headquarters and making the legally required notifications to the relevant Turkish authorities. These are separate processes.
Establishing an Occupational Accident Prevention System
An effective occupational health and safety system should not be a procedure that becomes active only after an accident occurs.
Employers should systematically:
- Identify workplace hazards,
- Conduct risk assessments,
- Implement preventive measures,
- Train employees,
- Provide health surveillance,
- Supply appropriate safety equipment,
- Supervise compliance with safety rules,
- Prepare emergency plans,
- Record occupational accidents, and
- Report occupational accidents and occupational diseases within the statutory deadlines.
This approach reflects the modern occupational health and safety principle of managing risks proactively rather than waiting for an accident to occur.
Conclusion
An employer’s responsibility for occupational accidents and occupational diseases does not begin only after an accident has occurred. The employer’s fundamental obligation is to establish a preventive occupational health and safety system capable of protecting employees’ health, safety, and physical integrity.
Under Law No. 6331, employers are required to conduct or commission risk assessments, take the necessary preventive measures, inform and train employees, provide health surveillance, organize occupational health and safety services, and supervise the implementation of the measures adopted.
When an occupational accident occurs, the incident must be promptly assessed, necessary medical interventions must be provided, the incident must be recorded, and all legally required notifications must be made within the applicable statutory deadlines. For employees insured under Article 4/1(a), an occupational accident must generally be reported immediately to the competent law enforcement authorities and to the Social Security Institution within three working days following the accident.
Occupational diseases also require particular attention to health surveillance, risk control, and reporting obligations. An occupational disease must generally be reported to the Social Security Institution within three working days from the date on which the employer becomes aware of the condition.
For foreign employees, the employer’s occupational health and safety obligations do not disappear. The nationality of an employee does not eliminate the employer’s duty to provide a safe working environment. In workplaces where there are language differences, it is particularly important that training, instructions, and safety information are provided in a manner that the employee can genuinely understand.
Foreign employers and multinational companies operating in Türkiye are likewise subject to the applicable Turkish occupational health and safety requirements. The location of the company’s headquarters abroad does not eliminate the safety rights of employees working in Türkiye. Global corporate policies should therefore be structured and implemented in a manner consistent with mandatory Turkish legislation.
Ultimately, employer responsibility for occupational accidents and occupational diseases consists of a comprehensive system of prevention, risk assessment, training, information, health surveillance, supervision, documentation, and reporting. When an accident occurs, the legal assessment should not focus solely on the consequences of the accident. It should also examine the occupational health and safety system established and implemented by the employer before the accident occurred.
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