Groups
call for comprehensive investigation into death of 5 workers killed in the
Pengerang tragedy
The Labour Law Reform Coalition (LRRC), comprised
of 58 trade unions, migrant worker groups and non-governmental organisations,
calls for the Government to begin a comprehensive investigation into the
tragedy at the Johor Bahru petroleum refining complex on 15/3/2020 that left five workers dead and one seriously
injured.
Investigations must be conducted by, amongst others,
the police, the Fire Department, the Department of Occupational Safety and
Health (DOSH) and all relevant agencies.
The explosion occurred at Pengerang Refining and
Petrochemical (PRefChem)’s Hydro Diesel Treater Unit at the Pengerang
Integrated Complex on Sunday night. 42 Fire and Rescue personnel and nine
vehicles battled the blaze for a full twelve hours, and operations have been suspended
to enable investigations by the Department of Occupational Safety and Health.
PRefChem is a strategic alliance of two of the world’s
largest national oil companies — Petroliam Nasional Bhd (Petronas), the
national oil company of Malaysia, and Saudi Aramco, the national oil company of
Saudi Arabia.
It was disappointing when the Johor Police Chief,
Datuk Ayob Khan Mydin Pitchay, was reported saying that the police will only
investigate if there was sabotage, betrayal or terrorist involvement. [“Polis
hanya akan membuat siasatan jika ada unsur sabotaj, khianat mahu pun serangan
pengganas dikesan pada fasiliti berkenaan.’- Berita Harian, 17/3/2020]
This is unacceptable, as the police must investigate
comprehensively to determine whether there was any crime, including murder or
manslaughter, and determine whether there is anyone criminally liable for the
deaths and injury caused.
There must be an inquest conducted for all these
deaths.
There must be no special treatment accorded simply
because Petronas is involved.
“We extend our deep sympathies to their families and
workmates of Fadhi Akmal Fadzil, Azarul Ashraf Nor Akmal, Norfazly Md Nor, Che
Huzaidy Che Harun and Hadi Syafiq Jamil who died in this tragic and possibly
avoidable accident”, said LLRC co-chair Irene Xavier.
“Occupational safety and health is the responsibility
of employers, however the increasing regularity of instances like these clearly
demonstrate that workers cannot trust them to execute this responsibility,
particularly in high risk sectors like petrochemical and construction”, she
continued.
“This is not a problem that popped up yesterday and
won’t be solved without a meaningful change in employers’ behaviour to ensure
workers’ safety is truly valued. Unless there is a serious threat of prison
time for bosses’ whose negligence or laxity results in workers’ deaths, workers
will keep dying.”
The LLRC also calls on the government to begin
drafting more deterrent laws, including also industrial manslaughter legislation,
that provides for mandatory prison sentences for employers or company directors
who by their actions and/or omissions result in workers death at the workplace.
Irene Xavier (+60) 11 1539 9960
Labour Law Reform Coalition (LRRC)
*The Labour Law Reform Coalition is a group of 58 trade
unions, migrant worker organisations and non-govermental organisations lobbying
for reforms to Malaysia’s labour law to create decent work.
Media
References:-
Pengerang Refining and Petrochemicals confirm fire and
explosion at Pengerang (16 March) Malay Mail.
Operations at Pengerang Integrated Complex suspended to
allow Dosh investigations (16
March) Malay Mail.
See earlier relevant posts:-
5 killed at PETRONAS- Aramco Refining Complex incident? Comprehensive investigation?Inquest? Prosecution? RCI?
Workers dies/injured because of Company wrongdoings - but Directors not charged and imprisoned? Like 'Fine the CAR not the Driver/Owner?'
Pregnant Woman and 3 others dies at construction site - Why owners and Directors still not charged for the killing/'murder'??
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