Draw up clear laws to prevent injury, death to workers
ON the occasion of the International
Workers’ Memorial Day or Workers’ Mourning Day, celebrated annually on
April 28, we, the 40 undersigned groups and trade unions, are not happy
with the fact that workers’ death at worksites, have not resulted in the
government’s enactment of laws, regulations and standards that will
prevent future deaths or injury in a similar situation.
International Workers’ Memorial Day or Workers’ Mourning Day is the
international day of remembrance and action for workers killed,
disabled, injured or made unwell by their work. The slogan for the day
is Mourn for the dead, Fight for the living.
While we mourn the loss of lives and injuries of workers, we struggle
and fight for the living with the object of reducing risk of future
loss of life and injury at the work place.
In Malaysia, in 2018, there were 611 fatal accident cases. In 2017,
there were 711 cases. (Bernama, July 11, 2018; The Star, January 7,
2020). Interestingly, the Department of Occupational Safety and Health’s
(Dosh) records of fatal accident cases investigated in 2017 and 2018,
are only 206 and 260 respectively, which means investigations are yet to
be completed – more so in fatal cases.
The construction sector records one of the highest number of
fatalities. Dosh recorded 169 deaths and 3,911 accidents in the
construction sector for 2018 (New Straits Times, February 15, 2020). The
rate of fatality per 100,000 workers in the construction sector is
13.44 in 2018, as compared to 14.57 in 2017.
Malaysia’s Fatal Accident Rate was not only 10 times worse than that
of the United Kingdom, but had in fact deteriorated by 20% since the
turn of the century, according to a Construction Industry Development
Board report.
Deaths by reason of trench collapses – death by being buried alive
Jalmi, an Indonesian worker in his 20s, died after he was buried in a
3m drain during excavation works in Shah Alam, Selangor in October
2015 (New Straits Times, October 5, 2015).
In March 2015, it was reported that two construction workers in
Machang, Kelantan – a local man and a Myanmar national – were killed
when earth collapsed and buried them in the hole while they were working
on a water supply pipe project (New Straits Times, March 30, 2015).
In September 2015, a Bangladeshi construction worker was killed in
Kuala Lumpur after he was buried in a pile of soil, after the victim and
his colleague had earlier dug a hole about three-meters deep to install
underground pipes (New Straits Times, September 30, 2015)
Nicholas anak Jawan, a 33-year-old worker, was killed in Sarawak
after he was buried alive while building a deep monsoon drain (Malay
Mail, December 3, 2019)
Md Shoriful, 43, and Julhas Rahman, 27, were killed when they were
buried by mounds of falling earth at a housing project construction site
in Mentakab, Temerloh where they were carrying out sewage pipe
installation works. (Bernama/New Straits Times, March 6, 2020)
There will be more similar cases, many which will go unreported.
Sadly, media reports also fail to respectfully name the workers who
died, and also fail to make mention of the names of the companies and/or
employers who may be responsible for these fatal accidents.
In commemoration of this year’s IWMD, we call upon the government to:
Enact and enforce laws and regulations that impose mandatory obligations to prevent further deaths in the future
Death by such trench collapses in Malaysia, and also all over the
world, have been happening for years, and the question is why are there
still no specific laws and regulations in place that will prevent such
deaths in similar situations in the future?
What ought to be in such laws could be the requirement for needed
supports and/or battering to prevent the soil from collapsing on workers
working in such pits or trenches. The requirement for the need for
safety inspection of the site by a competent person, before a worker is
asked to enter any hole or trench of more than 1m in depth. Safety will
also be affected by type of soil, weather on that day, vibration caused
by machines operating nearby or other reasons.
Specific regulations and standards are needed, rather than vague
general laws that simply talk about “so far as practicable” general
obligations of safety and health. In other countries, there are already
laws that specifically deal with this, like The Construction (Design and
Management) Regulations 2015 in the United Kingdom.
There are so many employers and companies involved in construction
works in Malaysia, and it is absurd to expect them to know of all the
dangers and risks involved in the various different aspects of their
work. Employers and companies may not be aware of the risks discovered
at other worksites following some accidents, and as such may still be
carrying out work in the same life-threatening manner.
Hence, it is only reasonable and incumbent on the government, who has
the data and expertise with regard to occupational safety and health
issues, to do the needful by enacting needed regulations and/or laws,
which includes steps to be taken by employers to ensure safety.
Every worksite incident that results in an accident, injury and/or
death of a worker, ought to teach us what needs to be done now to
prevent future mishaps that may result in death of workers. The
government is duty-bound to take steps to ensure similar accidents do
not recur anywhere, and the best solution is the enactment of clear
laws, rules and regulations that will not only highlight the dangers,
but will also make sure that employers and companies do the needful to
reduce risk of death and injury. Mere guidelines or advisories are
insufficient.
Make public and create awareness of laws, regulations and standard operating procedures (SOPs)
The government often mentions about SOPs and other legal
requirements, but sadly many of these are not even known to workers and
the public, hence making it impossible for people to even highlight
actions and/or situations when employers and companies do not follow the
law.
All applicable laws, regulations and SOPs must be made available to
the public, including all websites of agencies, departments and
Ministries having the responsibility for occupational safety and health.
Ensure deterrent sentences to reduce non-compliance, and reduce death and injury to workers
The lives and wellbeing of workers are of primary importance, and as
such the penalty for employers and companies that breach laws protecting
the safety and health of workers must be deterrent if Malaysia is truly
concerned about human lives.
Currently penalties for violation of occupational safety and health
laws are fines, and a maximum two years’ jail. However, there appears to
be no employers or company directors who have been sent to prison, even
when their failings have resulted in death and injury to workers. It is
the directors and owners of companies who sometimes choose to negate
duties and obligations to ensure the safety and health of their workers.
Kevin Otto, owner of Atlantic Drain Services, a company in the US,
was recently jailed two years after being found guilty of two counts of
manslaughter for the deaths of two employees, Robert Higgins and Kelvin
Mattocks, who drowned in October 2018 in an unprotected, 0.36m-deep
trench following a water main break. He was further penalised with three
years’ probation following his sentence, and he can never again employ
anyone in a job that involves excavation (ISHN, December 17, 2019).
In other jurisdictions, stringent laws with higher penalties,
including new offences, are being enacted with the objective of reducing
risk of life and injury to workers. In Australia, Industrial
Manslaughter laws have been introduced.
Let not the death of workers be in vain. Prevent similar accidents to
reduce future risks to lives of other workers. – April 29, 2020.
* Charles Hector and Apolinar Tolentino on behalf of 40 groups and trade unions worldwide. - Malaysian Insight, 29/4/4020
See also:-Kenyataan Hari Peringatan Pekerja Maut Antarabangsa (28 April) - Berkabung untuk yang mati, Berjuang untuk yang hidup
and original statement at International Workers’ Memorial Day Statement Mourn for dead, Fight for the living - 28/4/2020
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