CONSEQUENCES OF VIOLATIONS AGAINST OBLIGATIONS REGARDING OCCUPATIONAL HEALTH AND SAFETY IN OFFENSES OF WILLFUL INJURY

Abstract

The constitutional social right referred to as the "right to worker's health and safety" is concurrently an extension of the right to safeguard the lives and physical integrity of employees. In parallel with the advancements in industrial and technological sectors, the risk of occupational accidents that may result in bodily harm within workplaces is increasing. Mitigating these risks for employers solely through the dimension of punitive measures is challenging. With the advancements in automation and the information technology industry, reducing risks in the realm of occupational environment has become an imperative, necessitating the reevaluation of the concept of social penal law and its reinforcement through regulations aligned with the demands of the era.

In case of the violation of precautions, determining liability and wrongfulness contents within the framework of general criminal theory, based on principles of criminal justice and the gravity of culpability, and applying suitable and proportionate penal or security measures in accordance with the actions of the perpetrators, will facilitate the implementation of deterrent protective and preventive measures against occupational accidents in the realm of labor.