After a Fatal Workplace Accident: Prosecutor and Police

How does the fatal workplace accident process begin?

The fatal workplace accident process is shaped by the decisions taken in the first minutes after the accident. Imagine a worker falling from scaffolding on a construction site: what is done at that moment determines both the chance of rescue and whether the subsequent investigation runs properly. In the first minutes, the order is as follows:

1. Call 112 and send a worker with a first aid certificate to the scene.
2. Stop the hazard. If there is a continuing hazard such as a collapse, electricity, moving machinery or a load, cut off the energy, stop the machine and clear the area. Make the area safe first so that the person going in to rescue does not become a casualty too.
3. Notify the police. Under Art. 13/2 of Law No. 5510, the employer notifies the competent local law enforcement authorities of the workplace accident immediately, and the SGK within three working days of the accident at the latest.
4. Preserve the scene. Touch nothing except for rescue and preventing another accident: do not move equipment, scaffold components, harnesses or tools, and do not clean the area. Cordon off the area with tape and post someone to guard it.
5. Identify witnesses. Take the names and contact details of workers who saw the incident; do not gather them together to "piece together" what happened, so that they can give their statements without influencing each other.
6. Inform management and the OHS team. The employer or their representative, the OHS specialist and the workplace physician should be involved in the process the same day.

We explained the general steps after a workplace accident in our article on the first 72 hours after a workplace accident; this article focuses on the prosecutor, police and inspector process that comes into play in fatal and serious accidents.

Police and prosecutor: what happens in the investigation?

In the prosecution process for a fatal accident, the police come to the scene, make the initial findings and inform the public prosecutor. A prosecutor's investigation begins, and the following steps usually run in parallel:

• Scene examination: Photographs, measurements, sketches and evidence collection. This is why it is important that the area is not altered until the examination is complete.
• External examination of the body and autopsy: Under Arts. 86–87 of the Code of Criminal Procedure, the forensic examination and autopsy are carried out by physicians in the presence of the public prosecutor.
• Statements: Witnesses, the casualty's teammates, the foreman, the site manager, the OHS specialist and the employer's representative may be called to give statements.
• Expert examination: An expert opinion is obtained on matters requiring specialist knowledge (Code of Criminal Procedure Art. 63). In workplace accidents, the expert technically assesses the parties' compliance with the legislation and their degree of fault.

The subject of the investigation is usually the offence of negligent homicide under Art. 85 of the Turkish Penal Code. The Code defines the case where a person foresaw the outcome but did not intend it as "conscious negligence" and increases the penalty (Art. 22/3). The investigation determines who will be a suspect; the responsibility of different people such as the employer, the employer's representative, the responsible engineer or manager, the OHS specialist and the foreman may be examined separately.

Two practical recommendations at this stage: work with a lawyer from the start of the process. In your statement, say what you know, not what you guess; saying "I don't know, I would need to check the records" about something you do not know is better than a statement that is later contradicted.

Labour inspection and the SGK process

Administrative processes also run alongside the prosecutor's investigation. Under Art. 24 of Law No. 6331 on Occupational Health and Safety, OHS inspections are carried out by the Ministry's labour inspectors. An inspector's investigation should be expected in fatal accidents: the inspector examines the causes of the accident and the workplace's compliance with the legislation, requests documents and takes statements from workers. If they see a life-threatening danger, they can start the process of suspending work.

On the SGK side, pensions for survivors are governed by Art. 20 of Law 5510. Under Art. 21, if the accident resulted from the employer's intent or conduct contrary to occupational health and safety legislation, the costs the SGK has incurred and will incur are recovered from the employer. For the technical steps of notification, see our article on SGK workplace accident e-notification. Notification of a fatal workplace accident is subject to these deadlines however serious the accident; do not postpone the deadline on grounds of holidays or the investigation.

Suspension of work after an accident

Suspension of work after an accident should be considered on two separate levels.

The employer's own decision. Work carrying the same hazard should be stopped until the risk assessment has been updated and measures taken. For example, if there was a fall from a facade scaffold, work on the other scaffolds on site is also suspended until checks are complete. A workplace accident is one of the situations requiring the risk assessment to be renewed regardless of its validity period. The scene is also preserved until the prosecutor's examination is complete.

The inspectors' decision. Art. 25 of Law 6331 provides for work to be suspended in part of the workplace or the whole of it when a matter posing a life-threatening danger to workers is identified:

Preparing documents: what do the prosecutor and inspector ask for?

The aim in preparing documents is not to "complete" missing documents but to present what exists completely and as it is. Documents typically requested in fatal accidents in the construction sector:

1. The casualty's employment contract, SGK recruitment notification and timesheet records
2. The pre-employment health report and any periodic examination records
3. The induction training record and basic OHS training certificates
4. Vocational training or working-at-height training certificates required for the job
5. PPE issue records
6. The risk assessment and emergency plan covering the work where the accident occurred
7. Permit-to-work forms: working at height, excavation, hot work
8. The health and safety plan and coordinator records (for construction work)
9. Periodic inspection reports for scaffolding, cranes and lifting equipment
10. Findings and recommendations in the approved register and their follow-up
11. The ISG-KATİP contracts of the OHS specialist and workplace physician
12. Subcontractor contracts and documents obtained from the subcontractor
13. Any camera recordings; back them up immediately so they are not deleted

For plans specific to construction sites, see our article on the Regulation on OHS in Construction Work, and for the site's general inspection arrangements, our construction site OHS checklist.

The weeks after the accident: the team, the family and prevention

The investigation may take months; what needs to be done at the workplace cannot wait:

• Root cause analysis: Do not explain why the accident happened with "carelessness"; look for gaps in methods, equipment, planning and supervision. For methods, see our article on root cause analysis methods.
• Updating the risk assessment: For all teams doing similar work.
• Additional training: Art. 17 of the Law requires a worker who has had a workplace accident to receive additional training before returning to work; also plan training for teams doing similar work that includes the lessons learned from the accident.
• Psychological support: Plan support with the workplace physician for workers who witnessed the accident.
• Communication with the family: Handle communication through a single authorised person, clearly and respectfully; act together with your lawyer on legal matters.

We explained the general flow of a labour inspection in our article on preparing for a labour inspection. Through our OHS specialist service, we prepare the post-accident document index, carry out the root cause analysis and update the risk assessment for all similar work. Other risks in the sector are on our construction page. This article provides general information; separate legal advice should be obtained in a specific investigation.

Frequently Asked Questions

To whom and when is a fatal workplace accident notified?

The employer notifies the competent local law enforcement authorities of the accident immediately, and the SGK within three working days of the accident at the latest. The notification deadlines do not change according to the severity of the accident.

Who can be a suspect in the prosecutor's investigation?

The investigation examines everyone who may be at fault for the accident. The responsibility of different people such as the employer, the employer's representative, the responsible manager or engineer, the OHS specialist and the foreman may be assessed separately; the degree of fault is often established through an expert examination.

Does a labour inspector come after every fatal accident?

An inspector's investigation should be expected and preparations made accordingly. Inspectors request documents, examine the site, take statements from workers and, if they see a life-threatening danger, can start the process of suspending work.

Can a decision to suspend work be appealed?

Yes. The employer may object to the competent labour court within six working days after the decision has been enforced. The objection does not stop the decision being enforced; the court decides within six working days and its decision is final.