Liabilities in Case of Emergencies
The regulation on emergencies in workplaces has been published in the issue numbered 28681 of the Official Gazette on 18 June 2013.
Within the framework of the Workers’ Health and Work Safety Law No. 6331, the regulation which covers workplaces sets out the principles and procedures related to the preparation of emergency plans in workplaces, the tasks that are required to be done regarding prevention, protection, evacuation, fire fighting, first aid and similar issues as well as management of such situations and identifying the workers who shall be assigned to such issues.
The regulation is comprised of four sections and twenty two articles.
The liabilities of the employer and employees are briefly as follows.
The Obligations of the Employer
- The obligations of the employer regarding the emergencies at the workplace are as follows:
- To evaluate beforehand the emergencies that may occur and effect the workers and working environment by taking into account the working environment, the materials used, the equipment and environmental conditions, and to identify the possible emergencies.
- To take measures that will impede or limit the negative effects of the emergencies.
- To make the measurements and evaluations required to get protection from the negative effects of the emergencies.
- To prepare the emergency plans and oversee their drills.
- To appoint, taking into consideration the size and the special hazards of the workplace, the nature of the work done, the number of the workers and the other persons in the workplace, sufficient number of employees for fighting against emergencies at the workplace who are qualified and trained at prevention, protection, evacuation, fire fighting, first aid and similar issue, and to enable that they are present at the workplace at all times.
- To make arrangements necessary for communication with institutions outside the workplace in relation to particularly first aid, emergency medical intervention, rescue and fire fighting.
- To make arrangements required to deactivate the power sources and systems that may pose hazards in emergencies in a way that will not cause any negative consequences and affect the protective systems.
- To inform on emergencies the workers of the sub-contractor and employers with whom temporary relationships are established, if any, as well as other persons at the work place such as customers and visitors.
- The responsibilities of the employees who are specifically assigned with management of emergencies shall not relieve the employers of their obligations in this regard. (Art. 5)
The Obligations and Responsibilities of the Employees
- The obligations of the employees in relation to emergencies are as follows:
- To comply with the preventive and restrictive measures taken according to the issues stated in the emergency plan.
- To inform the nearest senior officer or the person charged with emergencies or workers’ representative promptly of any emergency related to the machinery, tools, devices, equipment, facilities and premises of the workplace that they encounter and which poses risk to the health and safety of them and other persons
- To comply with the instructions of the employer and the teams that came to the incident scene from institutions outside the workplace to deal with the emergencies
- To act in a way that will not endanger his/her life and the lives of his/her fellow workers during emergencies.
- The employer, in situations where the employees are unable to inform immediately their senior officers any serious and immediate hazard against the safety of themselves or other persons, will enable the employees to intervene according to their knowledge and technical equipment. In such a case, the employees shall not be responsible for their intervention, unless there is no negligent or careless conduct on their part. (art. 6)