Friday, May 15, 2020

Covid-19 - No prosecution of Construction bosses, after workers fall victim to Covid-19? SOP and Minister's assurance worthless?

Well, so many construction workers have become infected by Covid-19, based on news reports on 9th May onwards..

What is important, is that there is already a clear Standard Operating Procedure and Guidelines for the construction sector since on or before 22/4/2020 ...and the Minister assured us that employers will be prosecuted...and then, we have not seen any report that the employers and persons responsible being charged in court...or sent to prison yet...WHY? [Is it another indication of state of affairs when it comes to worker safety and health, and the prosecution of employers that breach occupational safety and health laws, even when it caused workers to die or be seriously injured?)


Any violation of the SOP may be subject to action under the Prevention and Control of Infectious Diseases Act 1988 (Act 342) and the Construction Industry Development Board Malaysia Act 1994 (Act 520), he [Minister of Works Datuk Seri Fadillah Yusof] added. - Edge Markets, 22/4/2020- Good job CIDB and Minister of Works - Regulations to ensure safety at construction sites> HR Minister, why the delay?


2 different reported incidents affecting construction workers – one in KL and one in Selangor? 

A new Covid-19 cluster involving migrant workers has been detected at a construction site in Setia Alam, Selangor. 3 Bangladeshi nationals who are sharing the residential unit with 18 others were tested positive. Subsequent screening revealed a total of 12 people, being Bangladeshi nationals, had tested positive.(NST, 9/5/2020)

A CONSTRUCTION site on Jalan Ampang where 27 Covid-19 cases were detected amongst its workers two weeks ago was slapped with a 30-day closure notice by Kuala Lumpur City Hall (DBKL) on Sunday (May 10).(Star, 10/5/2020).

Now, even before the Minister came out with the SOP and Guidelines, that states what the employer and/or agent must do to prevent construction workers from being infected by Covid-19, that covers the work place, worker accommodation and also travel arrangements to and from work, Employers already had the legal obligation to ensure that workers are safe. 

The SOP and Guidelines makes it more clear as to what must be done to ensure worker's safety and health from Covid-19. 

Whilst, SOCSO confirmed that Covid-19 was an occupational disease that will allow the SOCSO scheme to cover cost of treatment, and also makes workers entitled to all other SOCSO benefits in the event that worker dies or is temporarily/permanently disabled - The Minister of Human Resources has to date still failed to also recognize Covid-19 or SARS as an 'occupational disease' under the Occupational Safety and Health Act 1994 and other laws that deals with occupational safety and health(OSH). He can do this simply by means of an Order/Regulation/Notice that will be gazetted.

Maybe, it is time to ask, the new Minister Saravanan(from MIC and BN) to resign - maybe, the duties of the HR Ministry should be given to some more caring Minister like  the Minister of Works Datuk Seri Fadillah Yusof. Then, maybe employers will clearly have the duty to protect workers from Covid-19 and other such dangerous infectious disease. 

Prime Ministers must choose good caring individuals to be Ministers - especially when it comes Ministers who will be responsible for the safety and health of millions of workers in Malaysia. 

To date, how many employers(including Directors, Managers and CEOs) have been arrested and charged for non-compliance by failure of putting in place safety measures to  make sure that their workers are safe from Covid-19? 

Minister of Human Resources - how many inspections have been conducted at these workplaces - how many actions taken for breaches? 

Minister of Human Resources - follow what CIDB did for the Construction Sector > come out with clear regulations for workplaces. If there is no clear legal obligations, how can you even successfully prosecute employers? 

We await the announcement from Minister of Works Datuk Seri Fadillah Yusof telling us that the company and its Directors(and managers, etc) of these contruction companies have been hauled to court and charged? Or did this Minister LIE - when he never intended to really prosecute any construction companies?

Lock-downs and sanitation is not prosecution under the Prevention and Control of Infectious Diseases Act 1988 (Act 342) and the Construction Industry Development Board Malaysia Act 1994 (Act 520)?

Covid-19: New cluster found at construction site in Setia Alam

KUALA LUMPUR: A new Covid-19 cluster involving migrant workers has been detected at a construction site in Setia Alam.

Health director-general Datuk Dr Noor Hisham Abdullah said the cluster was detected on May 6 after being notified by a private hospital carrying out screening on the workers from the construction site, "Three of the five workers screened tested positive for Covid-19. They were Bangladeshi nationals who are sharing the residential unit with 18 others.

"Following this, an investigation and screening process on the trio's close contacts was conducted," he said in a statement today.

As of noon today, a total of 28 people had been screened for Covid-19, he said.

Of the total, 12 people, comprising Bangladeshi nationals, had tested positive.

"Nine tested negative and seven are still awaiting results. The cause of infections for the cluster is being investigated." - New Straits Times, 9/5/2020



Covid-19: Jalan Ampang construction site ordered to close by DBKL
Metro News

Sunday, 10 May 2020 6:52 PM MYT
By BAVANI M






A CONSTRUCTION site on Jalan Ampang where 27 Covid-19 cases were detected amongst its workers two weeks ago was slapped with a 30-day closure notice by Kuala Lumpur City Hall (DBKL) on Sunday (May 10).

DBKL officers in an operation dubbed Operation Covid-19, pasted a red notice at the entrance of the site informing the closure of the area and sealed the site with yellow tape at 1pm.

A DBKL spokesman said the notice was issued under Section 70 of the Street and Drainage Act 1974 and takes effect immediately.

“The offence was that they had built temporary accommodation for their workers at the basement of the building (at the construction site) without permission from the mayor of Kuala Lumpur," he said.


“We do not condone these things and we hope that others would take this as a lesson," added the spokesman. The welfare and health of workers are also important and must be given priority," he added.

Last week, Federal Territories Minister Tan Sri Annuar Musa warned developers and contractors that the city will shut down construction sites in the city centre under its by-laws if they fail to ensure their site and workers are free from Covid-19.

Annuar also expressed disappointment at some developers who failed to provide proper accommodation or sleeping quarters for their workers.

He warned them that if they compromise on their workers' health, action will be taken against them. - Star, 10/5/2020






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