OHS1 Lecture Notes On Employer Duties PDF

DUTIES, AUTHORITIES AND LIABILITIES OF THE EMPLOYER, EMPLOYEE AND STATE WITHIN THE SCOPE OF OHS  DUTIES, AUTHORITIES AND LIABILITIES OF THE EMPLOYER The OSH Law No. 6331 imposes the duty on employers to ensure the occupational health and safety of their employees. Accordingly, the employer...

DUTIES, AUTHORITIES AND LIABILITIES OF THE EMPLOYER, EMPLOYEE AND STATE WITHIN THE SCOPE OF OHS  DUTIES, AUTHORITIES AND LIABILITIES OF THE EMPLOYER The OSH Law No. 6331 imposes the duty on employers to ensure the occupational health and safety of their employees. Accordingly, the employer is obliged to carry out studies for; Prevention of occupational risks, Taking all kinds of measures, including providing training and information, Organizing the event and providing the necessary tools and equipment, Adapting health and safety measures to changing conditions In addition to these; The employer must monitor whether the occupational health and safety measures taken in the workplace are followed. The employer must ensure that any nonconformities are eliminated as a result of the inspection. The employer is also responsible for conducting or having a risk assessment conducted in the workplace.  In a decision made by the Supreme Court, it says that taking precautions alone cannot solve occupational health and safety problems and eliminate liability. It also stated that in addition to taking precautions, a comprehensive control system should be established in the workplace and explained the decision below:  “Every employer is obliged to do what is necessary to ensure the health and safety of employees in the workplace, to provide the conditions in this regard and to have the tools without deficiencies. This obligation does not mean that only taking precautions can be sufficient, it also means checking whether the measures taken are complied with and ensuring compliance with the measures.  In another decision of the Supreme Court, it determined the measure of supervision and surveillance by saying, "The fact that the insured is experienced in the quality of a master does not eliminate the employer's duty of supervision and surveillance. « Therefore, in practice, the fact that the employee is skilled and experienced does not eliminate the employer's obligations regarding occupational health and safety. Obligation to Anticipate and Prevent Risks  There are certain principles that the employer must comply with in fulfilling the obligations set out in Law No. 6331: Avoiding risks. Analyze risks that cannot be avoided. Combating risks at source. To take care in the design of workplaces and the selection of work equipment, working style and production methods in order to make the work suitable for people. In particular, to prevent the negative effects of monotonous work and production tempo on health and safety, or if they cannot be prevented, to minimize them.  Adapting to technical developments. Replacing the dangerous with the non- dangerous or less dangerous. To give priority to collective protection measures according to personal protection measures. Giving appropriate instructions to employees.  As stated above, the employer is obliged to conduct or have conducted a risk assessment in terms of occupational health and safety.  When conducting a risk assessment, the situation of employees who will be affected by certain risks, the selection of work equipment and chemical substances and preparations to be used, the arrangement and organization of the workplace, groups requiring special policies such as young, elderly, disabled, pregnant or breastfeeding employees and the situation of female employees should be taken into consideration.  Occupational health and safety measures, working styles and production methods to be implemented in the workplace must increase the level of protection of employees in terms of health and safety and must be applicable at every level of the administrative structure of the workplace.  Obligations Regarding Occupational Health and Safety Services  In terms of occupational health and safety services, according to Law No. 6331; in order to provide occupational health and safety services that will include work to prevent occupational risks and to protect against these risks, employers are obliged to assign an occupational safety specialist, a workplace physician and other health personnel in workplaces with ten or more employees that are classified as very hazardous.  If there is no personnel with the specified qualifications among its employees, it can provide all or part of this service by receiving service from JHSU (joint health and safety units).  It is necessary for the employer to fulfill the measures that are in accordance with the relevant legislation and notified in writing regarding the solution of problems by the person assigned for occupational health and safety services or the institutions and organizations from which services are received.  Occupational physicians and occupational safety experts are obliged to carry out their duties within the ethical principles and professional independence required by the profession. These people are tasked with informing the employer about the measures to be taken regarding occupational health and safety and, in the event that the employer does not take measures that pose a life-threatening risk, to report this to the authorized unit of the Ministry of Labor and Social Security.  Service providers, occupational physicians and occupational safety experts are responsible to the employers to whom they provide service. The license of the occupational physician or occupational safety specialist whose negligence is detected in the occurrence of a work accident or occupational disease that results in the death or disability of the employee will be suspended. Obligations regarding Emergency Plans, Fire Fighting and First Aid  Employers are given important duties regarding occupational health and safety, especially in emergencies. According to the relevant provision, employers are obliged to assess possible emergencies in advance by taking into account the working environment, substances used, work equipment and environmental conditions, to determine possible and probable emergencies that may affect employees and the working environment, and to take measures to prevent and limit their negative effects.  Another duty of the employer in this regard is to assign a sufficient number of people who are suitably equipped and trained in prevention, protection, evacuation, firefighting, first aid and similar matters, to provide the necessary tools and equipment, to conduct training and drills and to ensure that the teams are always ready, taking into account the size of the workplace and the special dangers it carries, the nature of the work done, the number of employees and other people in the workplace.  In a decision made by the Supreme Court, particularly regarding taking precautions and being cautious against risks, it is stated that "It is obvious that if the necessary precautions are taken in the workplace, considering the conditions stipulated in Article 77 of the Labor Law, the incident will not occur", thus expressing the important role of employers' resorting to preventive methods in occupational health and safety in preventing accidents.  In the event of a serious, imminent and unavoidable danger occurring in the workplace, the employer must make the necessary arrangements in advance and give the necessary instructions to the employees so that they can immediately leave their workplace and go to a safe place.  Obligation to Record and Report Work Accidents and Occupational Diseases  Another duty given to the employer is to record and report all occupational accidents and diseases. The employer is responsible for keeping records of all occupational accidents and diseases and preparing reports on them. In addition, the employer is responsible for investigating and preparing reports on incidents that occur in the workplace but do not cause injury or death but cause damage to the workplace or work equipment or have the potential to harm the employee, workplace or work equipment.  In addition to the employer's obligation to record and report, he/she is obliged to report work accidents to the Social Security Institution within three working days of the accident, and occupational diseases reported to him/her by health service providers or the workplace physician within three working days of learning about them.  Obligation to Follow Periodic Health Checks of Employees  Law No. 6331 assigns the employer the duty to subject employees to health surveillance, taking into account the health and safety risks they may be exposed to at work. Health examinations of employees are mandatory in the following cases: When starting a job, When changing jobs, If they request it upon their return to work after repeated absences from work due to a work accident, occupational illness or health, and during the continuation of the work, At regular intervals determined by the Ministry, depending on the nature of the employee and the job and the hazard class of the workplace.  Those who will work in jobs classified as hazardous or very hazardous cannot be employed without a health report stating that they are suitable for the job they will do. The costs arising from health surveillance and any additional costs arising from this surveillance are covered by the employer and cannot be reflected to the employee. Obligation to Inform and Train Employees The employer is obliged to inform employees and employee representatives about the following: Health and safety risks that may be encountered in the workplace, Protective and preventive measures, Legal rights and responsibilities related to them, First aid, Unusual situations, disasters and firefighting  Training of employees has a very important place in occupational health and safety. According to the ILO Safety Culture Report, it is stated that one source of the problem of workers' unconscious behaviors contrary to occupational safety instructions is lack of training. When work accidents are examined; Workers are not provided with adequate vocational training, In this regard, the necessary infrastructure has not been created, Workers with relatively low education levels are employed in risky sectors, On-the-job training and in-service training are not sufficient, It is seen that employers perceive training as a waste of cost and time.  In order to overcome this problem, employers are required to ensure that employees receive occupational health and safety training. This training is provided especially before starting work, when the workplace or job changes, when work equipment changes or when new technology is implemented. Training is renewed in accordance with changing and emerging risks, and repeated at regular intervals when necessary.  Those who cannot document that they have received vocational training related to the job they will perform cannot be employed in jobs that are classified as dangerous and very dangerous, where vocational training is mandatory. In a decision of the Supreme Court on this issue, it is stated that “It is the primary duty of the employer to foresee the possible risks and dangers that may arise from the incorrect use of a machine or a workbench in the workplace and to take measures on how to prevent them.”  The cost of training to be provided within the scope of training employees cannot be reflected to the employees. The time spent in training is counted as working time. According to a decision made by the Supreme Court, “The training provided to the worker by the employer is beneficial to the employer as the worker contributes to the production of goods and services in the workplace, and the worker becomes more qualified thanks to the training provided.”  For this reason, it is possible to decide that the employee will work for a certain period of time in exchange for the training provided to the employee to be covered by the employer's expenses. The fact that the employee also works for the employer for a certain period of time in exchange for the training provided should be considered within the scope of the loyalty debt to the employer.  Obligation to Obtain Employees' Opinions and Participation The employer must take care on the followings: Receiving their opinions, Recognizing the right to make proposals and ensuring their participation and involvement in discussions on these issues, Application of new technologies, Work equipment to be selected, Obtaining the opinions of employees on the effects of the working environment and conditions on their health and safety. DUTIES, AUTHORITIES AND RESPONSIBILITIES OF EMPLOYEES General Obligations  Law No. 6331 on occupational health and safety has also imposed certain obligations on employees. First of all, employees are obliged not to endanger their own health and safety and the health and safety of other employees affected by their actions or the work they do, in accordance with the training they receive on occupational health and safety and the instructions of their employers on this matter. The general obligations of employees are as follows; To use the machinery, tools, equipment, hazardous materials, transportation equipment and other production tools in the workplace in accordance with the rules, to use their safety equipment correctly, and not to remove or change them arbitrarily. To properly use and maintain the personal protective equipment provided to them. To notify them immediately when they encounter a serious health and safety hazard at work or when they see a deficiency in protective measures. To cooperate with the employer and employee representatives in eliminating deficiencies and non-conformances to legislation detected in the workplace. To cooperate with the employer to ensure safety in his/her own area of duty.  In a decision made by the Supreme Court on this issue, it is stated that " In addition to the employer's obligation to take the necessary measures regarding occupational health and safety, the employee also has the obligation to comply with the procedures and conditions set in this regard.", thus expressing that the main obligation of employees regarding occupational health and safety is to comply with the rules. The Right to Refrain from Working  Employees who are faced with serious and imminent danger may apply to the board, or to the employer in workplaces where there is no board, to request that the situation be determined and the necessary measures be taken. The Board meets urgently, and the employer makes its decision immediately and records the situation in a report. The decision is notified to the employee and the employee representative in writing.  If the Board or the employer does not decide in line with the employee's request, the employee may refrain from working until the necessary measures are taken. The wages of employees during the period they refrain from working and other rights arising from the law and the employment contract are reserved.  In cases where serious and imminent danger cannot be prevented, employees may leave the workplace or the dangerous area and go to a designated safe place without having to comply with the procedure stated above. Employees working under an employment contract may terminate their employment contracts in accordance with the provisions of the law they are subject to, in cases where the necessary measures are not taken despite their request. Employee Representation  The employer shall appoint the following number of employee representatives, by selection among employees or, if this cannot be determined by selection, by appointment, provided that the employer takes into account the risks and the number of employees in different parts of the workplace and pays attention to a balanced distribution. One in workplaces with 2 to 50 employees, Two in workplaces with 51 to 100 employees, Three in workplaces with 101 to 500 employees, Four in workplaces with 501 to 1000 employees, Five in workplaces with 1001 to 2000 employees, Six in workplaces with 2001 or more employees  Employee representatives have the right to make suggestions to the employer and request that the employer take the necessary measures to eliminate the source of danger or reduce the risk arising from the danger.  DUTIES, POWERS AND LIABILITIES OF THE STATE General Obligations  The social state principle included in the second article of the Constitution also requires people to work in a healthy and safe working environment. One of the general obligations of the state regarding occupational health and safety is to develop constitutional rules and other sub-legal rules on this issue.  Supervision of the employer's obligation to ensure occupational health and safety is directly within the supervisory responsibility of the state. The fundamental responsibility and basic duty of state supervision is to prevent threats to legally protected interests related to occupational health and safety. The legal basis of the state's duty of supervision is based on the state's obligation to fulfill a basic constitutional obligation through supervision. As an obligation of the state, it occurs in the form of ensuring occupational health and safety; preparation of legal legislation and carrying out necessary inspections and applying sanctions.  Due to this constitutional basis regarding the obligation of the state, it is not possible to leave the provision of occupational health and safety entirely to the employer or employee.  In the general justification of the Occupational Health and Safety Law, the main reasons for the problem are actually listed. Eliminating these problems is one of the general duties of the state. The problems in this regard; The first problem in Türkiye is the conflict between the desire of capital to make more profit and the costs of protective measures regarding occupational health and safety. The inadequacy of the institutional structure and the inability to fully exercise the rights of organization are among the problems in this regard. Special training for the employer to understand the importance of this issue is perhaps a problem that comes before training the employees. Subcontracting and unregistered employment are important factors in the increase of work accidents. Inadequate protective and preventive services and equipment, failure of workers to receive adequate safety training during working hours, inadequate safety culture of workers, and fear of losing their jobs leading workers to act recklessly are some of the reasons that lead to work accidents. Lack of inspection is also seen as an important cause of work accidents.  Inspection, Review, Research, Authority, Obligation and Responsibility of the Inspector  The state has important duties in the field of inspection, review and research. Perhaps one of the most important problematic areas in occupational health and safety is the lack of supervision. In order to be successful in inspections, experienced labor inspectors who have worked in enterprises are needed.  However, it is not right to expect control only from the state on such a problematic and important issue. It is stated that the best inspection is the continuous inspection in the workplaces and this depends on the organization in the workplace. This situation is pointed out in Article 8 of ILO Convention No. 161 and the importance of workplace organization is emphasized.  As a result of the inspections, administrative fines may be imposed in accordance with Article 26 of Law No. 6331. In addition to imposing administrative fines, the employer is taught what to do and what not to do regarding occupational health and safety through inspections. A workplace that is subject to inspection regarding occupational health and safety will be more careful not to make the same mistakes. Stopping of Work  The administrative sanctions foreseen to be implemented in the Occupational Health and Safety Law No. 6331 are not limited to monetary fines. In addition, stopping work is also envisaged as a precaution against accidents. According to the provisions of the law, when a matter that poses a life-threatening danger to employees is detected in the building and annexes, working methods and forms or work equipment in the workplace; work is stopped in a part or all of the workplace until this danger is eliminated.  In addition, in workplaces where mining, metal and construction work is classified as very dangerous, or where work involving hazardous chemicals is carried out, or where major industrial accidents may occur, work is stopped if a risk assessment has not been conducted.  The committee, consisting of three labor inspectors authorized to inspect in terms of occupational health and safety, may make the necessary investigations upon the determination of the labor inspector authorized to inspect in terms of occupational health and safety and may decide to stop the work within two days from the date of determination.  However, if the detected issue requires urgent intervention, the labor inspector who made the detection shall stop the work until a decision is made by the committee. The employer is obliged to pay the wages of employees who become unemployed due to the cessation of work or to provide them with another job according to their profession or situation, provided that their wages are not reduced. OHS ORGANIZATION OHS Training of Employees Prevention of Work Accidents Do people have accidents on purpose? 3 Why do people make mistakes? Accidental Deliberate Lack of education Carelessness Ignorance Enforcement Distraction Doing it willingly Comfort Thoughtlessness Incompetence 4  I'll be fine... We're always doing this... It seemed safe... I never expected such an accident to happen... It has never happened before. I was in a hurry. 5 How Can We Prevent Accidents?  To stop being fatalistic and start taking precautions,  Instead of experiencing an event and changing behaviour, applying what is learned from the experiences of others before they experience it,  Seeing obeying the rules as part of social life,  In solidarity and co-operation with others,  By perceiving and making good use of space and conditions, 6 Taking the initiative when necessary, With responsibility and trust, By acting cool and calm Eliminating Dangerous Situations and Dangerous Behaviours Changing the attitudes and behaviours of employees  Prevention of Work Accidents  A-Eliminate the Dangerous Situation  To wear protection on machinery and equipment,  Putting railings in risky areas,  To ensure the use of personal protective equipment,  Establishment of an automatic operating system,  Evaluating and analysing the risks,  To provide ergonomics and thermal comfort conditions,  To take necessary precautions against risk factors such as fire, electricity, explosion, etc.  B-Preventing dangerous behaviour;  Providing training to employees at the workplace upon recruitment, job change and periodically,  Implementing a set of incentive behaviours, ensuring ergonomic adaptation,  Making arrangements to reduce the workload, While 50 per cent of occupational accidents can be easily prevented, 48 per cent can only be prevented as a result of systematic efforts. nUMERICAL dISTRIBUTION OF oCCUPATIONAL aCCIDENTS aCCORDING TO THE sIZE OF cONSTRUCTION sITES Number of Workers DEATH INJURY TOTAL Working at the Number % Number % Number % Construction Site 1 - 10 827 56.3 951 50.6 1778 53.1 11 - 50 272 18.5 341 18.2 613 18.3 51 - 100 70 4.8 116 6.2 186 5.6 101 - 500 88 6.0 159 8.5 247 7.4 500 + 41 2.8 48 2.6 89 2.7 Undetectable 170 11.6 264 14.1 434 13.0 1468 1879 3347 Distribution of Work Accidents by Month DEATH INJURY TOTAL Months Number % Number % Number % January 79 5.4 127 6.8 206 6.2 February 56 3.8 105 5.6 161 4.8 March 80 5.5 135 7.2 215 6.4 April 133 9.1 155 8.3 288 8.6 May 147 10.0 152 8.1 299 8.9 June 159 10.8 194 10.3 353 10.6 July 179 12.2 190 10.1 369 11.0 August 149 10.2 173 9.2 322 9.6 September 143 9.7 173 9.2 316 9.4 October 133 9.1 167 8.9 300 9.0 November 111 7.6 174 9.3 285 8.5 December 84 5.7 127 6.8 211 6.3 Undetectable 15 1.0 7 0.4 22 0.7 1468 1869 3347 Distribution of Occupational Accidents by Days of the Week DEATH INJURY TOTAL Days Number % Number % Number % Monday 238 16.2 320 17.0 558 16.7 Tuesday 227 15.5 280 14.0 507 15.2 Wednesday 222 15.1 282 15.0 504 15.1 Thursday 217 14.8 266 14.2 483 14.4 Friday 194 13.2 290 15.4 484 14.5 Saturday 185 12.6 259 13.8 444 13.3 Sunday 165 11.2 173 9.2 338 10.1 Undetectable 20 1.4 9 0.5 29 0.9 1468 1879 3347 Numerical Distribution of Occupational Accidents by Hours of Work DEATH INJURY TOTAL Work Hours Number % Number % Number % 1.(08-09) 94 10.4 226 15.5 320 13.5 2.(09-10) 121 13.4 191 13.1 312 13.2 3.(10-11) 130 14.4 212 14.5 342 14.5 4.(11-12) 132 14.6 194 13.3 326 13.8 5.(13-14) 75 8.3 107 7.3 182 7.7 6.(14-15) 98 10.8 173 11.8 271 11.5 7.(15-16) 123 13.6 166 11.4 289 12.2 8.(16-17) 132 14.6 192 13.1 324 13.7 905 1461 2366  Types of Accidents Accidents are named according to the place of occurrence;  Work Accidents,  Traffic Accidents,  Home Accidents,  Sport Accidents,  Marine Accidents,  Agricultural Accidents,  Hunting Accidents, etc. It is also seen that they take names in more detail:  Lift Accidents,  Press Accident,  Crane Accident  Plane Crash,  Train Accident  Construction Accident,  Mine Accident vs. The subject of occupational safety covers all accidents mentioned above under various names. For this reason, it has been deemed necessary to classify accidents according to their consequences, not according to where they occur.  In this respect, the classification is generally made in three different ways according to the severity of the damage (the number of days required to compensate for the damage or injury), the type of accident and the type of injury. Ranking according to the severity of the damage  Accidents that do not result in injury,  Accidents that do not require treatment to stay away from work for more than one day,  Accidents requiring treatment to stay away from work for more than one day,  Accidents requiring treatment to stay away from work for more than twenty days,  Accidents resulting in permanent incapacity for work or death ❖Sorting by type of injury  Head or neck injury accidents,  Eye accidents  External body injury accidents,  Accidents with injuries of the arms,  Foot and toe accidents,  Leg accidents,  Internal organ injury accidents,  Hand and finger accidents,  Accidents causing mental and nervous damage. Sorting by type of accident  Falling, injury accidents,  Accidents involving falling parts,  Accidents involving foreign matter in the eye,  Combustion accidents, Machine accidents, Hand tool accidents, Electrical accidents, Poisoning Crush accidents.  PREVENTION OF OCCUPATIONAL ACCIDENTS AND ENVIRONMENTAL PRECAUTIONS  The accident prevention process includes the influence of social and environmental principles.  The principles of accident prevention based on public health policies is a principle that can be successfully applied in accident prevention. The concept of injury in society;  as a result of an accident,  unpredictable frequency pattern,  impossible to avoid,  are recognised as events that occur due to fate or chance; In terms of public health science; The damage that will arise can be prevented, the timing and consequences can be predicted and avoided.  Public health discipline does not argue that the individual has an accident only because of personal factors. It argues that environmental and public factors are also involved in the process.  Public health professionals argue that the most effective method of preventing occupational accidents can be achieved by identifying risks in the light of past data and evaluating the risks and hazards that arise. Accident and Injury Prevention Stages  Policies for the prevention of occupational accidents are basically planned in five stages. At each stage, it is aimed to obtain results with the basic questions to be asked for the prevention of occupational accidents.  These five stages;  Surveillance  Risk factor detection,  Intervention development,  Implementation and  Evaluation  The surveillance stage is defined as data collection. At this stage, comprehensive scannings are carried out for occupational accidents that occurred in the past.   The second stage is considered to be the evaluation and filtering of the information collected about the accidents.  In this context, all possible risk factors that are thought to cause an accident are identified.  In the third stage, it is aimed to develop policies on how to respond to possible risks and hazards. This stage should be carried out with a logic similar to an emergency action plan.  In the fourth stage, it is aimed to prepare a business plan for how the activities should be carried out in case of possible accidents.  In the final stage, the pros and cons of the action plan prepared against the existing risks and hazards to be realised are evaluated.  Possible Constraints in Accident Prevention  Among the policies for accident prevention; social awareness is the first priority.  In the fatalistic social structure, accidents are considered as unavoidable and unpreventable.  Even if precautions are taken, the general public easily accepts the situation with the idea that a situation that should happen when an accident occurs has occurred.  This situation creates weakness in the society in terms of taking precautions against accidents.  Another misconception is that employees do not believe that extreme consequences such as injury and death will happen to them as a result of work accidents.  This situation can be seen as a factor that weakens the motivation to understand individual precautions and to be vigilant against colleagues.  One of the obstacles in accident prevention can be expressed as “the role of the media”.  The media covers occupational accidents only when they result in death or injury. However, when the direct and indirect effects of these accidents are considered, the results should be more on the agenda.  At the same time, instead of dwelling on the measures that were not taken, the media evaluates the issue emotionally and from a tabloid point of view. This situation prevents the process from being criticised and improved.  There are various "interest groups" that prevent the realisation of policies for the prevention of occupational accidents when necessary.  In this context, issues can be distorted with the support of the media in order to protect certain professional groups.  Although accidents frequently occur in some sectors, it is known that it is done to protect the relevant sectors by not covering them in the written and visual media.  Another limitation for the prevention of accidents is the insufficiency of data. In particular, as a result of the lack of detailed recording of near-miss incidents, it is prevented from taking the necessary measures for the future quickly.  On the other hand, inadequate examination of work accidents causes the current accident to occur again and again.  Processes in the Development of Accident Prevention Activities  Legislative processes are at the beginning of the basic steps of accident prevention activities. The starting point of the basic principle in accident prevention is seen as legal developments.  The biggest contribution to the development of accident prevention activities can be expressed as "Social values".  The awareness and consciousness to be created in the society regarding occupational accidents will lead to the formation of a safety culture understanding and transfer it to future generations.  Most of the occupational accidents occur as a result of weaknesses caused by various thoughts of individuals such as "nothing will happen to me, I have been doing this job for years, I pay attention and others should also pay attention".  The basic principle in creating a safety culture is to establish a self-learning structure.  In this context, the safety culture, which has become a social value and a way of life, will make the greatest contribution to the prevention of occupational accidents.  Economic developments  Economic developments are an important factor in the realisation of policies for occupational accidents.  On the other hand, the high number of occupational accidents and the material costs caused by direct/indirect effects can create a serious burden on national economies.  Finally, the activity to increase the activities to prevent occupational accidents is the production and use of personal protective equipment and materials.  Equipment such as hydraulic brakes used in motor vehicles, protective glasses, masks, helmets, safety belts are produced and developed for this purpose. Environmental Aspects in Accident Prevention  When we look at the course of accidents, only individual mistakes do not cause the accident to occur. Environmental factors that trigger the conditions of the accident are ignored. Environmental factors can be evaluated under three headings.  These are;  Machine-related causes,  Causes related to production organisation and  Seasonal causes Accident Database  The importance of creating a database of occupational accidents has been frequently mentioned in previous chapters and titles. In accidents, first of all, the individual characteristics of the people involved in the accident should be recorded.  Under the heading of demographic characteristics;  Age,  Gender,  Seniority  Education,  Marital status, ..etc. information should be included.  Another issue is the information that should be kept specific to the accident. Among the information that should be kept in this context;  how the accident occurred (fall, impact or explosion),  where the accident occurred (in the production area, in the garden or in the catering hall)  under what circumstances the accident occurred (during production, at rest or on the road) information is important. Keeping some information in terms of the severity and consequences of the accident will contribute to the creation of corporate memory.  Severity of the accident  What were the personal and social consequences of the accident? questions are included. Education  Objective 1. Obtaining information  Training strategies require, firstly, the collection of information on accident risk and accident prevention methods. It is the conversion of information gathered from previous accidents or hazardous situations into numerical quantities.   Objective 2. Attitude change  The second objective of accident prevention training is to change the attitude of employees towards the concepts of risk and safety. Employees should be able to perceive, compare and rank the mathematical quantities expressed in terms of risk. They should take the risk seriously and be able to change their attitude and behaviour according to the magnitude of the risk.  Objective 3. Behavioural change  The third objective of accident prevention is behavioural change. It is not enough for employees to learn that wearing a hard hat during work saves lives. They must believe in the necessity of wearing a hard hat and make a decision to wear a hard hat while working. Behavioural change becomes established over time and a decrease in accident rates is observed.  Education Modification of the Physical and Social Environment  Minimising or eliminating the potential hazard  Designing a safer working environment  Designing the tools and equipment used in production in a safer way  Review of production protocols and practices  Changing social attitudes  Occupational Disease  Law No. 6331 defines occupational disease as "a disease resulting from exposure to occupational risks".  In order for a disease to be defined as an occupational disease, there must be a causal link between the insured employee's work and the disease. For example; "hearing loss of a worker who has worked in a high intensity noisy environment for a long time is defined as an occupational disease".  There is often a difference in interpretation between occupational diseases and work-related diseases.  Occupational diseases occur when workers are exposed to an active substance or working environment for a long period of time.  For example, it is not possible for an employee to get pneumoconiosis disease as a result of working in a mine for a partial period of time. It has been determined in the studies that pneumoconiosis disease is seen in minimum 10 years of work or more. The Social Insurance Health Procedures Regulation sets the minimum duration of the disease as 3 years. Similarly, the regulation stipulates a minimum of 2 years of exposure in order for the disease to occur in those who work in noisy work.  On the other hand, work-related diseases are also referred to as disorders seen in the community. They are more common than occupational diseases. For example, a postman who has to work by travelling can be shown to frequently get flu-like illnesses.  On the other hand, the main differences that distinguish occupational diseases from occupational accidents are that the cause of the disease continues to exist in the environment, the onset of the disease cannot be detected and the occupational disease follows a continuously worsening course.  Laboratory examinations are important in the detection of occupational diseases. Among the basic methods used in the detection of occupational diseases:  Biochemical examinations It is the method used to detect some chemical changes that occur after interaction with the chemical substance, such as blood, urine, breath, etc. and the effect of the chemical substance from the environment. For example; detection of lead in blood.  Radiological examinations: Radiology is largely used in the process of detecting occupational diseases related to the lung.  Physiological assessments: It is used in the process of analysing the damage to both the environment and the worker after inhalation of particles in the environment.  Pathological examinations: They are important methods for the clear determination of occupational diseases. It is performed by taking a part of the body related to the discomfort to which the worker is exposed.  Protection Against Occupational Diseases  One of the most important policies for protection against occupational diseases is to recognise all hazards in the workplace that are at risk of causing occupational diseases.  It may not be sufficient to inform the employees after identifying the risks and hazards that may cause occupational diseases in the workplace.  In this context, the employer should first try to eliminate the risks and hazards, and if it is not possible to eliminate them, reduce the risks to a reasonable risk level. In addition, it is to take measures to protect employees from diseases by means of personal protective equipment. Among the preventive policies for occupational diseases; Medical prevention methods Protection measures for the working environment Labour protection methods are included.  The most effective methods in the prevention of occupational diseases are medical prevention methods. Medical protection methods, known as proactive prevention methods, are applied to workers in the form of recruitment and periodic medical checks. Another situation is the obligation to re- examine all employees after an occupational accident or occupational disease.  On the other hand, work organisations and production departments of enterprises should be arranged to reduce contact with harmful substances.  The personal protective equipment used by the employees must be constantly checked and the expired equipment that will pose a risk factor for the health of the employee must be renewed. Among the things to be done in the field of work;  Periodic replacement of harmful substances by keeping them under control,  Implementation of machines and equipment used in production processes with a closed working system to prevent harmful substances from leaking out,  Isolation of places working with substances that may cause occupational diseases in workplaces,  Ventilation according to the type of work performed,  Application of wetting the environment in dusty working environments,  Maintenance of machinery and personal protective equipment,  Production planning must be constantly renewed according to changing risks,  Work environment measurements (such as noise, dust and gas) should be made.  Another one of the protective methods for occupational diseases is the protection for the worker, which is called individual protection. How to use personal protective equipment more efficiently should be conveyed to the workers by the employer through necessary trainings.  Instead of using personal protective equipment by rote, PPEs determined as a result of existing risk analyses and environmental measurements should be preferred.  For example, masks and eye protectors vary according to the severity of the risk. Another example is that individuals working in noisy environments may suffer an occupational accident due to a risk that they cannot hear if they use more protective equipment than necessary.  Legal regulations on social insurance have been made in order to ensure the protection of workers against occupational accidents and occupational diseases and to provide them with certain guarantees in such cases.  The employer must bear the consequences of occupational accidents and occupational diseases, and the state must provide all kinds of assistance and opportunities to the worker in this regard. Otherwise, workers will be obliged to bear both the burden of the consequences of occupational accidents and occupational diseases and the burden of poor working conditions, which will cause double victimization for workers.  The idea of protecting the worker against the consequences of occupational accidents and occupational diseases and the need to cover this risk within the scope of social security have led to many legal regulations and these regulations have been continuously improved.  Work accident and occupational disease insurance is one of the first insurance branches established in the world and this is due to the social importance and dimension of the problem.  The Social Security and General Health Insurance Law No. 5510 in force in our country has reorganized this issue by adhering to the principles of the previous Law No. 506. In addition, the Occupational Health and Safety Law No. 6331 also includes principles on the prevention of occupational accidents and occupational diseases. The benefits to be provided in case of occupational accident and occupational disease should be analyzed under two headings: for the insured and his/her beneficiaries.  Assistance to the Insured Occupational accidents and occupational diseases may cause the worker's income to be reduced or completely cut off and may also cause the risk of unemployment. In addition, disability and death risks are among the severe consequences of work accidents and occupational diseases. In addition to the moral suffering and losses, there are also financial losses, which must be compensated in some way. The victimized worker needs to be provided with some assistance in order to compensate for this victimization, and these are health benefits and monetary benefits.  Health Benefits Law No. 5510 regulates the monetary benefits to be provided to the insured or his/her beneficiaries as a result of occupational accidents and occupational diseases. Health benefits are all kinds of assistance necessary to restore the health of an insured person who is physically and mentally impaired, sick, injured or disabled due to an occupational accident or occupational disease. Some health benefits are provided by the institution in order to ensure that the medically necessary health services that the insured will need as a result of occupational accidents and occupational diseases are met, and that the incapacity for work is eliminated or reduced;  Emergency health services,  Diagnostic and treatment services,  Provision of medicines, tools and equipment necessary for treatment and  The insured person is sent to another location for treatment. Monetary Aid  One of the main objectives of social security is to provide economic security to insured persons facing social risks.  In addition to the health benefits provided to the insured who cannot work for a certain period of time due to the risk of occupational accidents and occupational diseases, financial benefits must also be provided.  During the period of incapacity for work, the insured must be provided with certain benefits. Monetary benefits are intended to prevent loss of wages and to provide the insured with a certain economic security.  In addition, unlike other insurance branches, there is no requirement to pay insurance premiums for any period of time in order to benefit from these monetary benefits.  The prerequisite to benefit from these benefits is that the insured person becomes temporarily or permanently incapacitated and there are two different allowances according to these two situations.  Temporary Incapacity Benefit  In case of temporary loss of working capacity due to work accident and occupational disease, the amount paid for each day that cannot be worked, based on medical reports received from physicians or medical boards authorized by the institution, is called temporary incapacity benefit.  Law No. 5510 regulates the terms and conditions of the allowance. In order to qualify for this allowance, there is no condition other than being insured. This allowance is given to the insured person who becomes temporarily incapacitated for each day from the first day of this state and until the end of this state.  Again, according to Law No. 5510, self-employed insured persons can also benefit from temporary incapacity allowance.  However, in order for independent workers to be entitled to temporary incapacity benefit as a result of work accident and occupational disease, they must not owe any debt to the institution, including general health insurance.  The amount of the incapacity benefit is determined on the basis of the daily earnings of the insured.  In addition, temporary incapacity allowance in case of work accident and occupational disease;  Half of the daily earnings to be calculated according to the law for inpatient treatment of the insured,  In outpatient treatment, it is two thirds of the daily earnings.  Another issue to be mentioned in relation to this allowance is the merger of temporary incapacity allowances.  Pursuant to Law No. 5510, "If several cases of work accident, occupational disease, illness and maternity are combined in an insured, the highest of the temporary incapacity allowances is given."  Pursuant to Law No. 5510, in cases where the insured suffers an occupational accident or occupational disease due to reasons arising from the insured himself/herself, becomes ill, prolongs the treatment period or increases his/her incapacity for work, the temporary or permanent incapacity allowance may be reduced by the Institution.  The circumstances requiring a reduction in the appropriation and the amount of the reduction are specified in detail in the law.  Accordingly, "Except for those who are not criminally liable and those who have an acceptable excuse, if the insured does not comply with the measures and recommendations of the physician due to occupational accident, occupational disease, illness and maternity due to occupational accident, occupational disease, illness and maternity, causing prolongation of the treatment period or increase in the rate of incapacity for work or disability, up to one-fourth of the prolonged treatment period or increased rate of incapacity for work will be deducted by the institution.  Except for those who are not criminally liable, up to one-third of the amount is deducted by the Institution based on the degree of fault of the insured who suffers an occupational accident, occupational disease or illness due to gross negligence.  The insured who suffers an occupational accident, occupational disease or illness due to a deliberate act or who refuses to accept the treatment offered despite the written notification of the Institution, is paid half of the amount.  As can be seen, as the fault of the insured increases, the allowance is reduced.  However, it should be noted that even in cases of intentional behavior, the insured is still entitled to an allowance.  Finally, the law also explains the circumstances in which payment will not be made.  Accordingly, "Temporary incapacity allowance shall not be paid to the insured who works without obtaining a certificate from the physician that the treatment has ended and that he/she is able to work, and those who have been paid shall be recovered from the date of the improper payment." Permanent Incapacity Income  Permanent incapacity for work means that the insured person has completely lost his/her earning power to the extent that he/she cannot work in his/her profession due to illness and disabilities resulting from occupational accidents and occupational diseases, or that his/her earning power has decreased by at least ten percent although he/she can continue to work in his/her profession.  As a result of the treatment, the insured person who has suffered a work accident or occupational disease will either regain his/her ability to work completely or will have lost his/her earning capacity in a way that is not less than 10 percent of the rate determined by the law.  This is called permanent incapacity income when this situation is documented on the basis of the reports issued by the health committees.  This income is paid until the insured person recovers and does not require a certain period and amount of contributions.  Again, the person who is receiving permanent incapacity income can continue to work again if his/her health condition is favorable.  The concept of "earning capacity" is mentioned both in the definition of permanent incapacity for work and in the definition of permanent incapacity benefit.  The fact that the insured has the earning capacity in another profession does not affect his/her permanent incapacity for work, and it is considered sufficient for him/her to lose his/her earning capacity in his/her current profession.  The state of permanent incapacity for work is divided into two,  "Permanent total incapacity" if the insured has lost 100% of his/her earning capacity,  "permanent partial incapacity" if he/she has lost between 10% and 100%.  This distinction is particularly important in the calculation of permanent incapacity income.  Law No. 5510 stipulates that in case of permanent total incapacity for work, the insured will be granted an income at the rate of 70% of his/her monthly earnings and if the insured is in need of continuous care of another person, the rate of income binding will be applied as 100%.  Permanent partial incapacity income is calculated on the basis of permanent full incapacity income and is paid at the rate of 70% corresponding to the degree of incapacity.  However, if the insured is in need of continuous care of another person, the income attachment rate will be 100%.  Permanent incapacity income according to Article 19 of the Law;  If a temporary incapacity benefit was previously paid to the insured, from the date of the end of this benefit,  In case of permanent incapacity before temporary incapacity is detected, this income will start from the beginning of the month following the date of the medical board report and this income is paid to the insured in advance every month.  In addition, in order to receive permanent incapacity income, it is not required for the insured to quit his/her job, close or transfer his/her workplace.  Self-employed insured persons are also entitled to permanent incapacity income provided that their premiums and debts, including general health insurance, have been paid.  According to Law No. 5510, if the pensions and incomes entitled from disability, old age, death insurances and duty disability and occupational accident and occupational disease insurance are combined, the insured or his beneficiaries are entitled to the whole of the higher of these monthly incomes, half of the lower one, and in case of equality, all of the income from occupational accident and occupational disease and half of the disability and old age pension.  After the permanent incapacity income is granted, the insured may request a change in his/her income by determining the changes in the degree of incapacity.  The insured may request a change in his/her income when there is an increase in the degree of incapacity for work or when he/she is in need of continuous care of another person, and the Institution may always subject the insured to control examinations.  Failure to comply with the precautions prescribed by the treating physician of the insured person who has suffered an occupational accident negatively affects the permanent incapacity income, just like the temporary incapacity benefit.  Here, if the treatment period is prolonged, the rate of incapacity for work increases or if the insured becomes disabled due to the failure of the insured to comply with the measures and recommendations of the physician, the institution may reduce the  Again, if the risks of occupational accidents and occupational diseases have occurred as a result of the insured's gross negligence and intentional act, the permanent incapacity income is paid by the institution with a discount according to the degree of fault, just like the temporary incapacity allowance. Benefits to Beneficiaries in the Event of the Insured's Death In Social Insurance Law, one of the social hazards is the death of the family breadwinner. In such a case, death means loss of income for those left behind. Therefore, the social insurance system provides benefits not only to the insured person but also to the beneficiaries left behind. This payment, called death income, is a monetary payment made to the beneficiaries of the insured who dies as a result of an occupational accident or occupational disease or while receiving permanent incapacity income. If the insured dies as a result of an occupational accident and occupational disease, his/her beneficiaries will receive an income from the occupational accident and occupational disease insurance branch. Law No. 5510 also stipulates that the beneficiaries of the insured who dies as a result of an occupational accident or occupational disease will be entitled to an income, and a certain period of premium payment or insurance period is not required for this purpose. The law stipulates the monetary benefits to be provided to the spouse, child, mother and father, who are the beneficiaries of the deceased insured person;  Funeral allowance,  Providing income to beneficiaries,  It is regulated as marriage allowance for girls.  Payment of Funeral Expenses  According to Law No. 5510, "Funeral allowance is paid to the beneficiaries of the insured who dies as a result of work accident or occupational disease. The funeral allowance is given to the insured's spouse, if any, to his/her children, if not, to his/her parents, if not, to his/her siblings."  In addition, if the temporary incapacity allowances due to work accident and occupational disease, work accident and occupational disease and funeral allowances due to death insurance are not requested within 5 years from the date of entitlement, the acquired right will be lost.  Income for Spouse and Children  The beneficiaries of the insured who dies as a result of work accident and occupational disease are entitled to 70% of the calculated monthly earnings as income.  Income is also granted to the beneficiaries of the insured who has received an income as a result of an occupational accident and occupational disease and who dies while receiving this income.  If the insured dies while receiving income due to a loss of earning capacity of 50% or more, a full pension is granted regardless of whether the death was due to a work accident or occupational disease.  If the insured dies while receiving income due to a loss of earning capacity below 50 percent, a full pension is still granted if the death is due to an occupational accident or occupational disease,  However, if the cause of death was not due to a work accident or occupational disease, he/she will receive a partial pension.  The conditions and rates of pension to beneficiaries are regulated in Article 34 of the Law. Accordingly, the widow of the insured who dies as a result of occupational accident and occupational disease will receive 50% of the income as a monthly pension. However, if the widow does not have a child with a monthly pension, the pension rate will be 75% if she/he is not working within the scope of this law or foreign country legislation, or if she/he has not received an income or pension due to her/his own insurance. In terms of children, income rates are as follows;  If the children are not working within the scope of Law No. 5510 or do not receive income or pension due to their own work, they are 18 years old,  Age 20 in case of high school and equivalent education,  Those who have not completed 25 years of age in higher education  or those who have lost at least 60% of their working capacity and become disabled  or unmarried regardless of age  daughters who are subsequently divorced or widowed, a pension of 25% for each of them.  In addition, the sum of the pensions to be granted to the beneficiaries will never exceed the amount of the pension to be granted to the insured. In the Law No. 5510, the pensions and amounts to be granted both in terms of spouse and children are specified. In addition, in the event of the death of the insured as a result of an occupational accident or occupational disease, the spouse and children who are entitled to income from the occupational accidents and occupational diseases insurance will also be entitled to a pension from the death insurance. Taking these possibilities into account, Article 54 of the Law contains comprehensive regulations on the monthly payments to be made in these possibilities and at what rate. Marriage Allowance  According to Law No. 5754, it is only paid to daughters. Pursuant to Article 37 of the Law, "For girls whose income or pensions have to be interrupted due to their marriage, two years of their pensions or incomes are paid in advance as a marriage allowance for one time only, if they get married and make a request.  In addition, since the marriage allowance is granted only once, the marriage allowance is not paid for the subsequent marriages of daughters who are re-awarded death and income pensions due to reasons such as divorce or widowhood after receiving the marriage allowance.  Income to the Insured's Mother and Father In the event of the death of the insured as a result of work accident and occupational disease, income can also be granted to the insured's mother and father upon the fulfillment of the conditions specified in Article 34 of the law. In the event that these conditions are met, 25% of the income is paid to the mother and father in the form of 12.5% each, and if the mother and father are over the age of 65, a total of 25% income is paid to the mother and father with the other conditions stated above, regardless of the increased share.