275 / 469
LABOR LAW
261
them for necessary occupational health and safety issues. The employers
must notify the regional directorate in writing within two days of any
occupational accident or illness as a requirement of the aforesaid article.
Pursuant to the last paragraph of this article, the provisions regarding
occupational health and safety also apply to apprentices and trainees.
It is also necessary to mention the Regulation Pertaining to
Departments of Health and Safety at Work and the Regulation Pertaining
to Common Departments of Health and Safety which entered into force
through publication in the Official Gazette of 15 August 2009. These
regulations concern workplaces which employ at least 50 employees and
concern the formation of departments of health and safety at work or
procurement of the service from the common departments of health and
safety, and workplace doctors and other personnel to be charged. Besides,
they also concern workplaces which employ at least 50 employees where
the work is deemed as industrial for the appointment of engineers or
craftsmen who are occupational safety specialists.
Pursuant to the provisions of the Regulation, employers are under
an obligation to determine, take, follow the application, supervise and
develop occupational health and safety measures, to prevent occupational
accidents and illnesses, and to provide employees with first-aid and
emergency action and preventive and protective health and safety services
in order to establish a healthy and safe work environment. For work places
which employ at least 50 employees, it is obligatory to form a department
of health and safety at work in order to provide these services; to appoint
one or more workplace doctors and other personnel if needed; and for
workplaces where the work is deemed industrial, to appoint one or more
occupational safety experts. Employers may fulfill the occupational health
and safety measures wholly or partially by providing these services from
common departments of health and safety formed outside of the work
place.
The fact that the employer provides these services using experts or
institutions outside of the workplace does not eliminate the employer’s
liability in this respect.
The decision of 14 September 1999 numbered 1999/4222 E. –
1999/5690 K. of the 9
th
Civil Chamber of the Court of Appeal states that,