While the Mining Law states the responsibility of the mining engineer employed in the enterprise, it states that the responsibility is not limited to the Mining Law, and also covers the duties and responsibilities undertaken by the engineers or technical staff in charge of occupational safety as specified in Article 82 of the Labor Law No. 4857. Major regulations on the subject of private law; Code of Obligations numbered 6098, Mining Law numbered 3213, Labor Law numbered 4857, Occupational Health and Safety Law numbered 6331 and their implementing regulations are the legal texts. However, the most striking aspect of these legal regulations regarding mining is that, due to the intertwining of legal and penal regulations, it causes confusion at many stages in the legal trial of the permanent supervising mining engineer within the scope of the incident, especially in a work accident that occurs. In order to be punished in a work accident, there must be a fault. It is therefore important not to confuse strict liability with impeccability. Because, in practice, it is seen that the experts who detect faults in occupational accidents generally give fault to the employer, the employer's representative, the aggrieved worker, the mining engineer and the occupational safety expert in every criminal case. The important point is that people with this title have both written and unwritten obligations. Written obligations indicate the legal regulations in force at the time of the occupational accident or occupational disease. Unwritten obligations, on the other hand, can be determined according to the adaptability principle and the basic principles of criminal law. The latest jurisprudence of the Court of Cassation states that liability based on fault in occupational accidents. This responsibility arises from the oversight obligation imposed on the employer due to the employment contract between the employee and the employer. In this paper, detailed information will be given about the determinations to be made about the event and the parties in order to properly detect the defects in occupational accidents that occur in the mine sites.
