COURSE INTRODUCTION AND APPLICATION INFORMATION


Course Name
Occupational Health Occupational Injuries and Illnesses in Legal Terms
Code
Semester
Theory
(hour/week)
Application/Lab
(hour/week)
Local Credits
ECTS
LAW 315
Fall/Spring
3
0
3
4
Prerequisites
None
Course Language
English
Course Type
Elective
Course Level
First Cycle
Mode of Delivery -
Teaching Methods and Techniques of the Course
Course Coordinator
Course Lecturer(s)
Assistant(s)
Course Objectives The aim of this course is to examine the legal responsibility for occupational injuries and illnesses within the frame of occupational health and safety law.
Learning Outcomes The students who succeeded in this course;
  • Define the concepts of occupational accident, occupational injury and illnesses, and other legal terms about health and safety at work from social rights perspective in the light of international instruments
  • Compare the international and national legal sources about occupational health and safety
  • Discuss the importance of occupational health and safety law in connection with legal responsibility for occupational injury and illnesses
  • Examine the inspection duty of the State and the administrative sanctions within the scope of Occupational Health and Safety Law
  • Explain the legal and criminal responsibility for occupational injury and illnesses.
Course Description The subject matter of this course is the importance of the occupational health and safety law for protection of the life of the worker at workplace, and legal responsibility for occupational injury and illnesses.

 



Course Category

Core Courses
X
Major Area Courses
Supportive Courses
Media and Managment Skills Courses
Transferable Skill Courses

 

WEEKLY SUBJECTS AND RELATED PREPARATION STUDIES

Week Subjects Required Materials
1 Social Rights, Right to Health and Workplace Health Asbjorn Eide. Economic and social rights, (http://www.corteidh.or.cr/tablas/r28245.pdf) S. Matthew Liao. Health (care) and human rights: a fundamental conditions approach (https://link.springer.com/content/pdf/)
2 The concept and historical background of Occupational Health and Safety Benjamin O.Allı, Fundamental Principles of Occupational Health and Safety, Second Edition, ILO Geneva 2008;pp.7-9.
3 International Labor Organization(ILO) and ILO Conventions on Occupational Health and Safety “About the ILO” http://www.ilo.org/global/about-the-ilo/lang--en/index.htm, “ILO Conventions No.155,161 and 187 ratified by Turkey” http://www.ilo.org/ankara/conventions-ratified-by-turkey/lang--tr/index.htm
4 Occupational Health and Safety in European Law “Safety and health Legislation” (https://osha.europa.eu/en/safety-and-health-legislation), “The European Social Charter” (https://www.coe.int/en/web/turin-european-social-charter)
5 Turkish Occupational Health and Safety Legislation Nazmi Bilir. Occupational safety and health profile : Turkey, pp.11-15. https://www.ailevecalisma.gov.tr/medias/4577/kitap10.pdf
6 Turkish State Authoririties and Public Institutions for Occupational Health and Safety Nazmi Bilir. Occupational safety and health profile : Turkey, pp.15-23. https://www.ailevecalisma.gov.tr/medias/4577/kitap10.pdf
7 Occupational Health and Safety Law No.6331 iand Duties and Responsibilities of Employer Act No. 6331 on Occupational Health and Safety(ILO/NATLEX)
8 Occupational Health and Safety Law No.6331 and Inspection and Enforcement Nazmi Bilir. Occupational safety and health profile : Turkey, pp.24-30. https://www.ailevecalisma.gov.tr/medias/4577/kitap10.pdf
9 Midterm
10 Occupational Health and Safety Law No.6331, and Organization and Worker Participation Nazmi Bilir. Occupational safety and health profile : Turkey, pp.30-44. https://www.ailevecalisma.gov.tr/medias/4577/kitap10.pdf
11 Social Security, and Occupational Injury and Illnesses Nazmi Bilir. Occupational safety and health profile : Turkey, pp.45-47,58-66. https://www.ailevecalisma.gov.tr/medias/4577/kitap10.pdf
12 Compensation Liability for Occupational Accident and Illnesses Felice Morgenstern, Civil and Criminal Liability in Relation to Occupational Safety and Health, ILO. https://www.iloencyclopaedia.org/part-iii-48230/resources-institutional-structural-and-legal/item/215-civil-and-criminal-liability-in-relation-to-occupational-safety-and-health
13 Criminal Liability for Occupational Accident and Illnesses Felice Morgenstern, Civil and Criminal Liability in Relation to Occupational Safety and Health, ILO. https://www.iloencyclopaedia.org/part-iii-48230/resources-institutional-structural-and-legal/item/215-civil-and-criminal-liability-in-relation-to-occupational-safety-and-health
14 Presentations
15 Presentations
16 Final Exam
Course Notes/Textbooks

Occupational safety and health profile : Turkey / Nazmi Bilir ; Ministry of Labour and Social Security - Ankara: MoLLS, 2016(ISBN: 978-975-455-268-3 Çalışma ve Sosyal Güvenlik Bakanlığı Yayın No: 62). https://www.ailevecalisma.gov.tr/medias/4577/kitap10.pdf

Suggested Readings/Materials
Act No. 6331 on Occupational Health and Safety(ILO/NATLEX)
 
Asbjorn Eide. Economic and Social Rights, (http://www.corteidh.or.cr/tablas/r28245.pdf)
 
S. Matthew Liao. Health (care) and human rights: a fundamental conditions approach. (https://link.springer.com/content/pdf/10.1007%2Fs11017-016-9373-9.pdf)
 
Benjamin O.Allı, Fundamental Principles of Occupational Health and Safety, Second Edition, ILO Geneva 2008. https://www.ilo.org/wcmsp5/groups/public/@dgreports/@dcomm/@publ/documents/publication/wcms_093550.pdf
 
Felice Morgenstern, Civil and Criminal Liability in Relation to Occupational Safety and Health, ILO.
 
Luis D. Torres, Aditya Jain. Employer’s civil liability for work-related accidents: A comparison of non-economic loss in Chile and England, Safety Science 94(2017):197-207. https://www.sciencedirect.com/science/article/pii/S0925753516306713#b0345,
 
Kobayashi, Tamie, Middlemiss, Sam. Employers' Liability for Occupational Stress and Death from Overwork in the United States and the United Kingdom Common Law World Review 38 Comm. L. World Rev. (2009) :137-170.

 

EVALUATION SYSTEM

Semester Activities Number Weigthing
Participation
Laboratory / Application
Field Work
Quizzes / Studio Critiques
Portfolio
Homework / Assignments
1
20
Presentation / Jury
1
20
Project
Seminar / Workshop
Oral Exam
Midterm
1
20
Final Exam
1
40
Total

Weighting of Semester Activities on the Final Grade
3
60
Weighting of End-of-Semester Activities on the Final Grade
1
40
Total

ECTS / WORKLOAD TABLE

Semester Activities Number Duration (Hours) Workload
Course Hours
(Including exam week: 16 x total hours)
16
3
48
Laboratory / Application Hours
(Including exam week: 16 x total hours)
16
Study Hours Out of Class
12
1
12
Field Work
Quizzes / Studio Critiques
Portfolio
Homework / Assignments
1
12
Presentation / Jury
1
12
Project
Seminar / Workshop
Oral Exam
Midterms
1
12
Final Exams
1
24
    Total
120

 

COURSE LEARNING OUTCOMES AND PROGRAM QUALIFICATIONS RELATIONSHIP

#
Program Competencies/Outcomes
* Contribution Level
1
2
3
4
5
1

To be able to possess the knowledge in legal terminology, concepts and principles.

X
2

To be able to solve the legal problems with an analytic and integral point of view.

X
3

To be able to evaluate the legal knowledge and abilities obtained with a critical approach.

X
4

To be able to evaluate the developments in legal theory and practice by monitoring local, international and interdisciplinary dimensions.

X
5

To be able to have awareness of social, professional and scientific principles of ethic behaviour.

X
6

To be able to take responsibility in solving problems by creative and innovative thinking.

X
7

To be able to interpret the legal norms with a sense of justice respectful to human rights and in the light of principles of democratic, secular and social state of law.

X
8

Working efficiently and effectively, learning how to be a team member, taking responsibilities, being open minded, constructive, open to criticism and having self confidence

X
9

To be able to use the daily scientific sources and court judgments in the framework of life time learning approach.

X
10

To be able to inform the related persons and institutions about legal matters both verbally and in written.

X
11

To be able to monitor the daily legal information/court decisions and interacts with the colleagues in a foreign language (“European Language Portfolio Global Scale” Level B1) .

X
12

To be able to use the information and communication technology together with the computer programs in a level required by the area of law (“European Computer Driving Licence, Advanced Level”).

X

*1 Lowest, 2 Low, 3 Average, 4 High, 5 Highest