A company is like a car - A car cannot commit any wrongs or crimes. Likewise a company ...all decisions are made by its Directors...
When someone drives the car fast, then the driver, if he/she breaks the law, is responsible. If the driver driving the car kills someone, he she can be charged for murder and/or killing and may end up in jail for many years...
If the owner/driver of the car did not maintain the car, and the brakes did not work properly, and someone is killed - then again the driver will be prosecuted for the crime and when convicted will have to personally pay the fine or spend time in prison.
It will be 'STUPID" to just blame the car - or fine the car? But, that is exactly what is happening to the companies - it is the company that is prosecuted, and if found guilty, the company pays the fine > not the persons responsible, being all the Directors. So Directors decide - but at the end of the day is not held responsible when a death or injury happens . when they decided not to get a relevant permit/license, when they 'decided' the break laws created to ensure safe working environment,...JUST? Nope
Every decision made by a company, is made by the Directors(all of them not just the Chairman). So this decisions made include 'breaking the law' or 'not complying with the law' - not getting the appropriate licence, permits, doing the needful to ensure worker safety, etc ... They, the Directors are totally responsible - their decision can only be overruled by the owners/shareholders. Remember, it is also the shareholders who elect and choose the directors. The CEO or managers only do what the Directors tell them to do... or not to do. CEO is nothing but an employee...
DIRECTORS - many just happy to be appointed as directors and receive their month allowance (usually more that RM10,000 or much more) and their other perks. They forget the big responsibility they have - they are responsible for all actions and/or omissions of the company....Should it be a requirement that the Director must be qualified in terms of the knowledge of the laws...Wonder whether all the political appointees to Director position or are their appointment is merely a 'REWARD" for their contribution to the party...this kind of Directors can be easily cheated by Directors that know, or by others ..The sit in Board meetings voting but not knowing that their decision is not only breaking the LAW but also may result in death or injury to workers?
Malaysia there were 169 deaths and 3,911 accidents
in the construction sector for 2018. Has any Director been charged, tried and convicted ...well, I have not seen any. Mostly the company may get a fine of a few hundred ringgit ...but usually not even 20,000... and for companies, it is a JOKE - they that make BIG money get away with this. Worse, for many offences, it is just a compound - even lower sum and no one even knows.
TIME for a DETERENT sentence to reduce industrial accidents that result in death and injury.
Malaysia’s Fatal Accident Rate (FAR) was 10 times worse than that of the United Kingdom. Is Malaysia not bothered with worker safety?
Company gets charged in court - and since the maximum sentence is so LOW, most time the company just plead 'GUILTY" - they do not even want a trial...
In the charge sheet for United Plantations, it was stated that on Feb 21 at about 2pm at the plantation in Pantai Remis, the company failed to ensure safety, health and welfare at the workplace, resulting in an accident. A 40-year-old worker from Bangladesh, Mohamamd Achkan Ali, had the middle finger of his left hand severed ...United Plantations was fined RM15, 000 in default six months' jail. The fine was paid.In the case against Imperial Garments, the facts of the case stated that an accident occurred on Nov 26, last year at about 1.45pm. Muhammad Zarul Ikmal Bahaudin, 20, a mechanic, suffered second-degree burns on the upper side of his left hand - Imperial Garments was fined RM15, 000 in default six months’ jail,In the case against Sirijaya Industries, a steel works company, the facts of the charge sheet said that on Feb 8 this year about 2.10pm, an operator by the name of V. Venkateswara, 18, had the ring and middle fingers of his right hand severed....Sirijaya was fined RM17, 000 in default six months’ jail.
There, you have examples, all 3 companies broke the LAW - they pleaded guilty..
Worker lost middle finger(UP Plantation), second degree burns on the upper side of his left hand(Imperial Garments) and worker loses 2 fingers in right hand(Srivijaya Industries)...and all the had to do is pay a FINE of RM15,000 or RM17,000.
If a Minimum waged worker is fined RM15,000, then it is significant and just - but for some big COMPANY to pay that amount - it is a JOKE.
Will these companies be now scared to break the law...I do not think so, do you?
Here, the lawyers of these companies may even have been paid so much more ...
UNTIL we have deterrent sentences, and see Directors being charged, convicted and sent to prison, the state of affairs will be the same..
Workers will die, lose their fingers, become permanently disabled because the company broke the law... may still do the same. The 'real crooks', them Directors have not been held for their actions/omissions..
Stronger laws with stiff deterrent sentences, which should be imprisonment of Directors, CEOs, etc are needed to ensure safety at the workplace ...and NO MORE workers simply die or get injured.
MEDIA must play their role and report such cases ---so that our MPs and government finally realize how bad our laws are. Does the government care about workers? YES...NO..
The majority of the voters are workers and their families > LET us bring in MPs that are concerned about worker's safety and health...
Three companies fined for negligence over workplace accidents
- Nation
-
Thursday, 01 Aug 2019
Representing the companies were S.
Chanthravarnam, the senior manager of United Plantations Bhd, UIE
Estates; Yip Swee Kuen, the operations director of Imperial Garments Sdn
Bhd; and Liew Kok Weng, the director for Sirijaya Industries Sdn Bhd.
All three pleaded guilty separately in front of judge Norashima Khalid.
The
three representatives were charged under Section 15 (1) of the
Occupational Safety and Health Act 1994, which upon conviction provides
for a fine of not more than RM50, 000, a jail sentence of not more than
two years, or both, under Section 19 of the Act.
In the charge sheet for United Plantations, it was stated
that on Feb 21 at about 2pm at the plantation in Pantai Remis, the
company failed to ensure safety, health and welfare at the workplace,
resulting in an accident.
A 40-year-old worker from Bangladesh,
Mohamamd Achkan Ali, had the middle finger of his left hand severed when
it was pinched between a safety barricade and the body static of a
trailer while transferring sacks filled with fertilisers.
Occupational
Safety and Health Department (DOSH) prosecuting officer Rashidah Hamdan
said if the company had followed the proper standard operating
procedures (SOP), the incident could have been prevented.
“I
hope the court will impose a heavy sentence to ensure employers,
especially those in the plantation sectors using heavy machinery will be
more alert and careful in the future, ” she added.
Counsel Norazali Nor Din said by pleading guilty, his client had saved the court a lot of time as well as cost.
He said the company had also taken necessary measures to update its SOP.
United Plantations was fined RM15, 000 in default six months' jail. The fine was paid.
In
the case against Imperial Garments, the facts of the case stated that
an accident occurred on Nov 26, last year at about 1.45pm. Muhammad
Zarul Ikmal Bahaudin, 20, a mechanic, suffered second-degree burns on
the upper side of his left hand while checking and repairing a machine
at the factory located at the Tasek Industrial Estate.
In the
case against Sirijaya Industries, a steel works company, the facts of
the charge sheet said that on Feb 8 this year about 2.10pm, an operator
by the name of V. Venkateswara, 18, had the ring and middle fingers of
his right hand severed.
His hand got caught on the spinning
chain of a machine at the factory located at the IGB International
Industrial Park in Chemor.
Mudzaffar Anwar Hussin, who
prosecuted the Imperial Garments and Sirijaya Industries cases, said the
two companies had failed to ensure the safety of their machines.
He requested a heavy sentence to ensure there was no repeat in the future.
Imperial
Garments was fined RM15, 000 in default six months’ jail, while
Sirijaya was fined RM17, 000 in default six months’ jail. Both companies
paid the fine. - Star, 1/8/2019
Construction related deaths and injuries alarming
(file
pix) Social activist Tan Sri Lee Lam Thye said the Occupational Safety
and Health Department’s (DOSH) statistics recorded 169 deaths and 3,911
accidents in the construction sector for 2018. NSTP/HAIRUL ANUAR RAHIM
KUALA
LUMPUR: The growing number of deaths and injuries related to the
construction industry is troubling. In 2018 alone, the industry recorded
the highest number of deaths across the nation’s economic sectors.
Social activist Tan Sri Lee Lam Thye said the Occupational Safety and Health Department’s (DOSH) statistics recorded 169 deaths and 3,911 accidents in the construction sector for 2018.
“The rate of fatality per 100,000 workers in the construction sector is 13.44 in 2018, as compared to 14.57 in 2017.
“The health and safety performance of the Malaysian construction industry certainly leaves much to be desired,” the former Chairman of the National Institute of Occupational Safety and Health told New Straits Times.
He said that Malaysia’s Fatal Accident Rate (FAR) was not only 10 times worse than that of the United Kingdom but had in fact deteriorated by 20 per cent since the turn of the century, according to a Construction Industry Development Board report.
Lee who is also Alliance for Safe Community (Ikatan) chairman urged all stakeholders to step up efforts so that such tragedies do not recur.
He said the partial collapse of the apartment under construction in Taman Desa which had trapped two construction workers was a reminder to this.
Lee said authorities could start by making its reports public in the interest of accountability, transparency as well as to create awareness.
“The public often hears about investigations being carried out by the authorities after a major accident but the findings are not made known. At the end of the day lessons, be they preventive or remedial measures, remain unlearnt.”
He said that frequent accidents at construction site also do not speak well for the stakeholders’ safety performance.
“Moreover, it will jeopardise public confidence towards safety in the construction industry. Site safety supervision must also be stepped up.”
Lee said developers and contractors must also be prepared to use technology to improve occupational safety and health (OSH) compliance.
“Wireless technology combined with the latest software and gadgets, such as drone and remote sensing gear can also enable safety managers to monitor workers and machines as well as assess the situation via their laptop or smartphone.”
He also said that stringent enforcement and policies must also be introduced through the strengthening of existing laws which include amending the Occupational Safety and Health Act (OSHA) 1994 to help the country face the new challenges in the light of Industrial Revolution (IR) 4.0.
Lee said construction workers also need to be given adequate training so that they know how to identify risks and to ensure that they can identify hazards as well as assess and control risks.
“Workers need to be trained so that they can conduct constant monitoring on safety aspects and identify potential hazards to avoid any untoward incidents.”
He said that evacuation training must also be conducted as part of the OSH management plan to ensure workers were prepared to face any incident.
Lee also said that authorities must also ensure that construction work conducted at the site comply with specifications set by experts. - New Straits Times, 20/2/2020
Social activist Tan Sri Lee Lam Thye said the Occupational Safety and Health Department’s (DOSH) statistics recorded 169 deaths and 3,911 accidents in the construction sector for 2018.
“The rate of fatality per 100,000 workers in the construction sector is 13.44 in 2018, as compared to 14.57 in 2017.
“The health and safety performance of the Malaysian construction industry certainly leaves much to be desired,” the former Chairman of the National Institute of Occupational Safety and Health told New Straits Times.
He said that Malaysia’s Fatal Accident Rate (FAR) was not only 10 times worse than that of the United Kingdom but had in fact deteriorated by 20 per cent since the turn of the century, according to a Construction Industry Development Board report.
Lee who is also Alliance for Safe Community (Ikatan) chairman urged all stakeholders to step up efforts so that such tragedies do not recur.
He said the partial collapse of the apartment under construction in Taman Desa which had trapped two construction workers was a reminder to this.
Lee said authorities could start by making its reports public in the interest of accountability, transparency as well as to create awareness.
“The public often hears about investigations being carried out by the authorities after a major accident but the findings are not made known. At the end of the day lessons, be they preventive or remedial measures, remain unlearnt.”
He said that frequent accidents at construction site also do not speak well for the stakeholders’ safety performance.
“Moreover, it will jeopardise public confidence towards safety in the construction industry. Site safety supervision must also be stepped up.”
Lee said developers and contractors must also be prepared to use technology to improve occupational safety and health (OSH) compliance.
“Wireless technology combined with the latest software and gadgets, such as drone and remote sensing gear can also enable safety managers to monitor workers and machines as well as assess the situation via their laptop or smartphone.”
He also said that stringent enforcement and policies must also be introduced through the strengthening of existing laws which include amending the Occupational Safety and Health Act (OSHA) 1994 to help the country face the new challenges in the light of Industrial Revolution (IR) 4.0.
Lee said construction workers also need to be given adequate training so that they know how to identify risks and to ensure that they can identify hazards as well as assess and control risks.
“Workers need to be trained so that they can conduct constant monitoring on safety aspects and identify potential hazards to avoid any untoward incidents.”
He said that evacuation training must also be conducted as part of the OSH management plan to ensure workers were prepared to face any incident.
Lee also said that authorities must also ensure that construction work conducted at the site comply with specifications set by experts. - New Straits Times, 20/2/2020
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