Employer's Strict Liability in Workplace Accidents: Safety on the Field, Not Just "On Paper"

In the business world, workplace accidents are unfortunately an unavoidable reality. However, from a legal standpoint, the concept of "accident" is not simply seen as bad luck. The Turkish legal system, particularly with the Occupational Health and Safety Law No. 6331, places the employer in the position of a veritable "guarantor." In this article, we will examine the concept of "Strict Liability," which employers fear most but whose limits they are not entirely clear, and the vital measures that must be taken to avoid this liability.

1. Strict Liability: Being Responsible, Not Guilty

The general rule in law is "liability based on fault"; that is, a person who causes damage is only held responsible if they are at fault in that damage. However, the situation is different in workplace accidents. Even if the employer has no fault whatsoever, they may be held liable for damages resulting from risks originating from their business.

Why? Because the law states: "An employer who profits from a business must also bear the cost of the risks that business creates." This is called "Strict Liability" or "Risk Theory." If the employer has not taken the highest level of precaution allowed by technological capabilities, strict liability comes into play.

2. Four Essential Minimum Measures the Employer Must Take

According to Supreme Court rulings, for an employer to be absolved of liability, it is not enough to simply "take precautions"; these precautions must be "effective" and "continuous." Here are the minimum standards:

A. Dynamic Risk Assessment

A risk analysis is not a static document prepared and filed at the start of employment. It must be updated with every change in the workplace (purchase of new machinery, changes in work procedures, even seasonal changes). Courts examine whether the specific circumstances of the accident were foreseen in the risk analysis.

B. Personal Protective Equipment (PPE) Process

The most common mistake employers make is thinking that their responsibility ends after delivering protective equipment (helmets, safety belts, masks, etc.) against a signature. Legally, the employer:

1. Choosing the right equipment,

2. Handing over the equipment to the worker,

3. The employer is responsible for ensuring (supervising) the use of the equipment . The defense of "I gave it to them, but they didn't wear it" is considered a lack of supervision and falls back on the employer.

C. Concrete and Understandable Trainings

Training should not consist of general statements. It should be tailored to the specific job, covering the particular hazards the worker may encounter, and appropriate to the worker's training level (with visual aids if necessary). Conducting an assessment at the end of the training is critical to proving that the training has been truly "understood.".

D. Continuous Monitoring Mechanism

The employer must monitor compliance with workplace regulations, either personally or through designated personnel (Occupational Safety and Health Specialist, foreman, etc.). Failure to impose disciplinary action on an employee who violates a rule implies that the employer "turned a blind eye" to the violation, which increases the employer's culpability.

3. Breaking the Causal Link: When is the Employer Released?

The employer's strict liability is not absolute and unlimited. The employer may be relieved of liability when the causal link between the employer and the accident is broken. These situations include:

• Force Majeure: Unforeseen natural events that the employer cannot prevent despite all precautions (such as lightning strikes, earthquakes, etc.).

• Worker's Gross Negligence: The worker acts with suicidal intent or deliberately puts themselves in danger despite all warnings.

• Gross Negligence of a Third Party: The accident occurs due to the intervention of a completely external person who has no connection to the employer or the risks in the workplace.

4. Compensation Aspects: What Can the Employer Expect?

Following a workplace accident, employers may face two main types of compensation:

1. Financial Compensation: Disability benefits, medical expenses, and lost earnings.

2. Moral Compensation: Compensation paid to a worker, or to their relatives in case of death, for the grief and suffering they experience.

3. SGK Recourse Lawsuits: The Social Security Institution (SGK) seeks to recover benefits paid to employees from employers, in proportion to the employer's fault.

5. The Limits of "Necessary Measures" in the Eyes of the Supreme Court

A principle frequently emphasized in Supreme Court rulings is: "The employer is obligated to take all necessary measures and provide all necessary tools and equipment to ensure the health and safety of the employee in the workplace."

Although the phrase "all kinds of measures" here seems open-ended, the judiciary defines it concretely as follows:

• Technological Capabilities: Precautions are not limited to what is written in the legislation. The employer is obliged to implement whatever the newest and safest method allowed by technology is.

• Predictability: Even if the probability of an accident occurring is very low, if this probability is technically foreseeable, precautions should have been taken.

6. Ten-Point Golden Checklist for Employers

To be able to say "I did everything I could legally" after a workplace accident, you must fully comply with these 10 points:

1. Dynamic Risk Analysis: Don't just leave the risk analysis on paper; update it with every machine change or near-miss incident.

2. PPE Delivery and Tracking: Simply delivering protective equipment with a signature is not enough; monitor its use in the field with photographic or written documentation.

3. Practical Training: Instead of general occupational safety and health (OSH) training, conduct "on-the-job talks" (toolboxes) specific to the worker's task that day and record them.

4. Periodic Maintenance Records: Have your construction machinery and elevators serviced by authorized service providers and keep the maintenance reports.

5. Disciplinary Process: Issue a written warning to the employee who violates occupational health and safety rules and apply sanctions if necessary. "Turning a blind eye" is considered a fault.

6. Occupational Physician and Specialist Approval: Take every item in the inspection and recommendation log seriously; "I signed it but didn't do it" is considered a serious fault.

7. Emergency Drills: Practice fire, accident, or evacuation scenarios in real life, not just on paper.

8. Subcontractor Supervision: If you use subcontractors, remember that as the main employer you are also responsible for their occupational health and safety measures.

9. Medical Reports: Regularly check whether the worker has medical reports appropriate to the strenuous nature of their work.

10. Psychosocial Support and Mobbing Prevention: A large percentage of workplace accidents are caused by distraction; protect peace and psychological well-being in the workplace.

4. Frequently Asked Questions (FAQ)

Question 1: If a worker has an accident due to their own negligence, is the employer still liable?

• Answer: Yes, the employer is largely responsible. The Supreme Court interprets the worker's simple negligence as "lack of supervision on the part of the employer." However, if the worker intentionally causes an accident (for example, with suicidal intent or by deliberately damaging machinery), the causal link may be broken, and the employer may be relieved of responsibility.

Question 2: Does the Social Security Institution (SGK) cover all hospital and compensation costs?

• Answer: The Social Security Institution (SGK) makes certain payments to the employee (such as temporary disability benefits). However, the employee retains the right to sue the employer for moral damages and financial losses not covered by the SGK. Furthermore, the SGK can recover payments made through a "recourse action" from the employer.

Question 3: What is the first legal step to take after a workplace accident?

• Answer: The accident must be reported immediately (within 3 business days at the latest) to the Social Security Institution (SGK) and law enforcement. Preserving evidence at the scene (damaged parts, missing equipment, etc.) and recording witness statements are vital for the course of the case.

Conclusion

Conclusion

Occupational health and safety is not a "cost item," but a "guarantee" for the continuity of the business. To be able to say "I did my best" in legal proceedings, this effort must be documented, auditable, and sustainable. It should not be forgotten that the law looks not only at signatures on paper, but also at the reality of the sweat shed in the field and the measures taken.