In the concrete case, which is subject of the decision of the 12th Criminal Department of the Court of Appeal with Basic 2020/1413, Dated November 17, 2021 and Decision numbered 2021/8051,it has been determined that the employee who lost his life due to a work accident worked as an electrician in the electrical work included in the dangerous work class, but he did not have a diploma or vocational education document related to electrical work. Since this situation is prohibited in the Occupational Health and Safety Law and the employer does not fulfill its obligations listed in Occupational Health and Safety Law, the Court of Appeal decided that the crime of killing by gross negligence was committed against employee.
REVIEWING OF THE DECISION
In the Occupational Health and Safety Law (in Turkish) ("Law"), some jobs are separated from others and classified as dangerous and very dangerous jobs. The main reason for this distinction is to keep the employer's supervision and control obligation at the highest level and the minimize both the degree of damage and the number of work accidents that may occur with it.