Wednesday, June 03, 2009

PJ Local Council's responsibility in the death of 7 Jaya Supermarket incident cannot be ignored...

7 workers killed by the accident during the demolition of the Jaya Supermaket ...and this is serious - now the company responsible, the CEO, Manager, Directors, etc should also be charged for committing a criminal offence under the penal code or other laws. Example of sections of the Penal Code that may be relevant are as follows (note that there may be more relevant sections). Maybe also can be used against the Local Councillors who gave their 'stamp of approval' for the demolition..

288. Negligence with respect to pulling down or repairing buildings.

Whoever, in pulling down or repairing any building, knowingly or negligently omits to take such order with that building as is sufficient to guard against any probable danger to human life from the fall of that building, or of any part thereof, shall be punished with imprisonment for a term which may extend to six months, or with fine which may extend to two thousand ringgit, or with both.

304A. Causing death by negligence.

Whoever causes the death of any person, by doing any rash or negligent act not amounting to culpable homicide, shall be punished with imprisonment for a term which may extend to two years, or with fine, or with both.

Shocking also that the demolition was being done without the requisite approval - it was an ILLEGAL demolition. Again, we note that the name of the company doing the demolitions, the name of the employer of the workers killed, etc have all been kept 'secret' - the newspapers are not reporting it.

Also, there is no report about any police investigation - police arrests, etc... 7 killed, and others injured. Illegal Demolition. Clearly, there is sufficient reasons for a criminal investigation,... It is not just a matter for the Occupational Health and Safety officers...

The Department of Occupational Safety and Health did not give approval for the demolition of the Jaya Supermarket in Petaling Jaya, said Human Resources Minister Datuk Dr S. Subrama-niam.

He said the developers had a demolition permit from the local authority and while they had applied for the department’s approval, they did not obtain it when they started the demolition work.

Dr Subramaniam said the department began its investigations on Monday and it would take about two weeks to complete.

“If there is any element of negligence, the engineers, contractors and the proprietor of the building can be fined RM50,000, jailed up to two years, or both, under the Occupational Safety and Health Act for each offence,” he told a press conference after launching a Small-Medium Enterprises training fair at a hotel yesterday.

On May 28, the five-storey portion of the supermarket building collapsed right to the basement during demolition work.

Seven workers died in the incident.

Dr Subramaniam said the ministry was amending the Act so that professionals would be held accountable for monitoring work being done as it was impossible for department officers to monitor every company throughout the year.

Petaling Jaya mayor Datuk Mohamad Roslan Sakiman said developers and contractors would be asked to sign a statutory declaration that they were responsible for a work until its completion to further enhance public safety.

At present, he said, the Uniform Building By-laws only required such a declaration when the building plan was submitted.

He added that the Housing and Local Government Ministry’s Certificate of Completion and Compliance in 2007 had also replaced the council’s Certificate of Fitness.

As such, the applicants bear sole responsibility for the construction or demolition, which includes safety at the site, he said.

Section 14A Rukun Tetangga chairman Tee Kee Ti, however, felt that it was not appropriate for the local council “to blame the matter on somebody” and “to push away their responsibility in such a way”.

Petaling Jaya Local Councillors , i.e. those Pakatan Rakyat appointed ones, should immediately tender their resignation.

They have a responsibility for all matters that happen within their jurisdiction - especially matters concerning construction and demolition. The incident happened less that 2 Km from their head office. Do they not also send officers to check on state of affairs - i.e. whether the requisite approvals have been obtained, etc..

Is the Local Council investigating the incident? Will they be issuing a report of their own findings..Will they ensure that the family and dependents of those killed b adequately compensated for their loss (i.e. not less than RM25K each)? Will the injured be compensated? Will this errant company - its Directors, shareholders, Management, etc be blacklisted irrespective of what new company they form or are part of? their predecessors, their BN appointed councillors, they too will sweep this under the carpet? 7 dead demands the head of the Local Council, if not all the councillors, to immediately tender their resignation in shame..

Elected Councillors would have been more responsible, for if they fail their community, they would not be re-elected by their constituents. On the other hand, appointed councillors only have to spend time being in the good books of the MB and State Exco, and maybe their party leaders - they tend to neglect the needs of the people..they neglect ...Shocked am I to hear that the said 'demolishers' and killers of 7 had the blessing of the Local Council to proceed...Do you not know that there is a need to get Occupational Safety and Health's approval before demolition can commence.

I await the response of the Local Council of Petaling Jaya ...I also hope that the MPs and ADUNs of the area, is out there demanding answers...from the Local Council, etc. It matters not whether the Local Council are 'your' people or not, peoples' reps have a duty and obligation to the people that they represent...

1 comment:

Unknown said...

I agree with you YB.

Those appoint PK councillors who are entrusted with the building and safety portfolio should resign.

Those entrusted to take care of the community must take responsibility.
This is PR, not BN.