Friday, July 31, 2020

Change in Names of Fatal Accident Victims and Lack of Response From Authorities Undermines Rights and Duties of Unions to workers.(BWI MLC)

BWI-MALAYSIAN LIAISON COUNCIL (BWI-MLC)

MEDIA STATEMENT

30 JULY 2020

 

Change in Names of Fatal Accident Victims and Lack of Response From Authorities Undermines Rights and Duties of Unions to workers.

 

When names of fatal accident victims suddenly change, it arises many questions.

 

In the recent incident in early March, at the Lestarry Heights Housing Development site in Mentakab, Temerloh District, Pahang, 3 workers were affected, which resulted in 2 workers, one Md Shoriful, 43, and Julhas Rahman, 27, being buried alive and killed.

 

The workers were working in a deep trench working on sewage pipes, at this joint

 

DOSH recent response to our querries, now strangely provides the name of the victims as being one Wajid Ali (BC0419608), 43 years, Bangladeshi, and Miah Rajib (BM0223274), 23 years, Bangladesh.

 

The earlier media reports, also did quote the police, and it will be highly unlikely that the media and journalist got the names of the victims wrong.

 

From the media reports, the fatal accident happened on or about 5

 

DOSH report also tells us that the

 

DOSH said that they had issued about 7 Notices to the employer, but apparently none to the Main Contractor and/or Developer/Owner of the construction project.

 

Being a MZEC group project, according to their website, the entity that would have most likely made the needed application and got the necessary construction approval would have been the MZEC Group and/or one of its companies. Approvals for construction projects would most reasonably take into consideration also environmental impact, public health and most certainly occupational safety and health.

 

After approval, which may also come with additional conditions, it not uncommon for the Developer/Owner and/or Main Contractor, to outsource different works to many different contractors and/or sub-contractors.

 

As an employer is liable for the action/omissions of their employees and agents, so to must the owner/developer of construction projects be personally liable for the actions/omissions of all contractors and/or sub-contractors and their respective workers at the construction site. Normally, it is the owner/developer who has main control of the work site, and also all legal obligations that comes from the approval/permits to do any construction project.

 

As such, the fact that action has only been taken against some sub-contractor, but not even the Main Contractor or owner/developer by DOSH thus far raises much questions.

 

Duty, Responsibility and Liability in law must never be allowed to be outsourced to other contractors and/or sub-contractors.

 

We are of the position that an

 

We hope the Malaysian government, relevant authorities and Ministries, do the needful to ensure that a

 

We deplore any attempt to cover up the truth, and/or protect certain perpetrators in a case where workers lost their lives.

 

Building and Wood Worker & International (BWI) is the Global Union Federation, which is recognized by the International Labour Organisation and also Malaysia, as representing workers and unions in Building, Building Materials, Wood, Forestry and Allied sectors. BWI-Malaysian Liaison Council (BWI-MLC) is made up of our Malaysian member Unions, including the Kesatuan Pekerja-Pekerja Dalam Industri Binaan (Union of Employees in the Construction Industry, UECI), being the national union responsible for all workers in the construction industry/sector in Malaysia.

 

As a global union and

 

Nor Azlan Yaacob

BWI-MLC Representative

General Secretary, Timber Employees Union Peninsular Malaysia (TEUPM)

Mobile +60 19 370 4886

Email azlanteu@gmail.com

 

Alias Yaakob

President, Union of Employees in the Construction Industry (CIEU)

Mobile +60 19 977 3747

Email aliasyaakob94@yahoo.com

 

See earlier related post:-

 







 















Two workers buried alive in Mentakab construction site accident

File Photo: Two foreign workers were killed when they were buried by mounds of falling earth at a housing project construction site in Mentakab, Temerloh near here, yesterday. - NSTP/Courtesy of JBPM (For illustration purposes only)
 
By Bernama - March 6, 2020 @ 9:04am
 
KUANTAN: Two foreign workers were killed when they were buried by mounds of falling earth at a housing project construction site in Mentakab, Temerloh near here, yesterday.

The dead were identified as Bangladeshi nationals Md Shoriful, 43, and Julhas Rahman, 27.

The two men were among three workers who were carrying out sewage pipe installation works when the accident occurred at 4.15pm.

“Both victims and the third worker are believed to have been inside a six metre-deep pit, while two machines were excavating earth on the ground above the pit.

“Heaps of soil which had collected at the edge of the pit then began falling during the excavation works, burying the two workers,” said Temerloh district police chief Assistant Commissioner Mohd Yusri Othman.

One of the three workers was pulled out safely, while efforts to save the other two failed.

Mohd Yusri said Fire and Rescue Department personnel extricated Shoriful’s body at 4.45pm, while the body of Julhas was retrieved 15 minutes later. – BERNAMA - New Straits Times, 6/3/2020


Two Bangladeshi construction workers buried alive in Temerloh

Thursday, 05 Mar 2020 11:03 PM MYT

KUANTAN, March 5 — Two Bangladeshi nationals were killed when they were buried by mounds of falling earth at a housing project construction site in Mentakab, Temerloh near here, today.

Temerloh district police chief ACP Mohd Yusri Othman said the 4.15 pm incident occurred when the two construction workers and another worker were carrying out sewage pipe installation works.

The victims were identified as Md Shoriful, 43, and Julhas Rahman, 27.

“Both the victims and the other worker were believed to have been inside a six-metre deep pit, while two machines were being used to excavate earth on the ground above the pit.

“Heaps of soil collected at the edge of the pit, are said to have fallen during the excavation works, burying the two workers,” Mohd Yusri said when contacted here today.

One of the three workers was pulled out safely, while efforts to save the other two failed.

Mohd Yusri said Fire and Rescue Department personnel extricated Shoriful’s body at 4.45 pm, while the body of Julhas was retrieved 15 minutes later. — Bernama - Malay Mail, 5/3/2020



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