Monday, November 05, 2018

2 pekerja 'dibunuh' diracun amonia - AG Tommy Thoma belum bertindak?RCI? Kes Bright Sparklers? Saman dapat dekat 1 juta dari kerajaan?

2 pekerja 'dibunuh' akibat kebocoran gas amonia di sebuah kilang membuat ais - ramai lagi terpaksa dimasuk hospital termasuk warga komuniti berdekatan...Keluarga mangsa dan mangsa boleh saman kilang...kerajaan TETAPI lebih baik kerajaan ambil tindakan jenayah atau sibil ...atau...bentuk 'Royal Commission of Inquiry' saperti yang dilakukan selepas kes 'Bright Sparklers'

Sehingga kini Tommy Thomas, Pendakwa Raya, belum lagi memulakan apa-apa tindakan jenayah atau sivil terhadap syarikat/kilang tersebut - dan mereka yang lain yang mungkin bertanggungjawab termasuk kemungkinan Majlis Perbandaran Shah Alam dan Kementerian Sumber Manusia

Selangor Health Director Datuk Dr Khalid Ibrahim in a statement said that the confirmed number of factory workers exposed to the ammonia gas was 27 people, including the two who were killed.

An inspection by the Shah Alam City Council (MBSA) at the ice factory in Section 36 here, where ammonia gas had leaked earlier today, found that the premises had a license to carry out ice processing activities, but was not permitted to store hazardous materials. -Ice factory had no licence to store hazardous materials: MBSA - see Is Azmin, MB Selangor, Local Council responsible for 2 worker's deaths and children sick from ice factory ammonia leaks?

Jika semua dalam kilang tersebut teratur - dan ini hanya kemalangan yang tak diduga berlaku, ia mungkin isu lain...TETAPI dalam kes ini didedahkan juga bahawa kilang ini tak ada permit/lesen menyimpan Amonia - justeru terdedah kegagalan kerajaan - sama ada kerajaan tempatan, kerajaan negeri dan kerajaan Persekutuan..JANGAN LUPA KELUARGA MANGSA INSIDEN 'BRIGHT SPARKLERS' BERJAYA MENYAMAN KERAJAAN DAN MENDAPAT 

A total of 118 people had sued the government, the Selangor Land and Mines Department and the Petaling District Council and two directors of the company in multiple suits. The government made an out of court settlement of RM954,685 in 2006. One director also paid them a lump sum of RM30,000

Tidak tahu kilang ais mengunakan Amonia ...ini tidak mungkin?

MBSA pun perlu keluarkan permit untuk sebuah kilang terus beroperasi - kenapa tak mamastikan semua permit perlu untuk jalankan perniagaan ada...kenapa tak pastikan pemeriksaan perlu Kementerian berkala ada dijalankan ...(tetapi jika tak ada permit - mungkin Kementerian/Jabatan berkenaan pun tak menjalankan 'inspection' memastikan semua dalam keadaan teratur...

Haruskah kerajaan ambil tindakan - termasuk tindakan kes jenayah? YA - kerajaan perlu berbuat demikian. Kenapa tak buat? Ada isu rasuah? Ada isu pemilik kilang 'kawan baik' PH? Apapun...jangan kita berdiam sendiri...kerajaan dan/atau Tommy Thomas kena membuat kenyataan apakah tindakan yang sedang diambil terhadap pemilik kilang dan mereka yang bertanggungjawab...

2 pekerja telah dibunuh - ramai lain kena masuk hospital akibat keracunan amonia ...Mereka bukan orang kaya dan berpengaruh TETAPI manusia tetap manusia, dan kerajaan PH harus ambil tindakan...

Ada mungkin kata, biar mangsa atau keluarga mangsa saman sahaja ...Ya, mungkin boleh, tetapi mereka yang miskin biasa tak mampu atau tak mahu ambil jalan ini...

JUSTERU, kerajaan dan Pendakwaraya yang perlu lakukan sesuatu...saya percaya dalam kes ini tindakan jenayah harus dimulakan...

Di Malaysia, ada ramai pekerja yang telah meninggal dunia akibat 'kemalangan tempat kerja' ...dan mereka akan mendapat bayaran dari PERKESO atau skim "Workmen's Compensation" ...majikan tak perlu membuat apa-apa pembayaran...Mungkin disaman dan dikenakan denda rendah..

TETAPI kes ini, jika apa kata MBSA benar - iaitu kilang tidak ada permit menyimpan amonia dalam PREMIS, ...keadaannya berbeda..

Majikan ada obligasi menyediakan tempat dan keadaan kerja yang selamat - Adakah mereka mematuhi undang-undang sedia ada? Adakah rasuah membuatkan pegawai kerajaan berkenaan 'tutup mata' saja....Kerajaan BN terdahulu mungkin tidak prihatin isu dan keselamatan pekerja - Adakah kerajaan Pakatan Harapan sama juga? 

MENGAPA KERAJAAN PH TAK PEDULI? KERANA HANYA PEKERJA GAJI MINIMA? MUNGKIN PEKERJA ASING? TAK KIRA - ADAKAH PENDAKWARAYA TOMMY THOMAS MAHU MENGAMBIL TINDAKAN? ADAKAH MACC SEDANG MENYIASAT BAGAIMANA KILANG AIS DAPAT BEROPERASI BEGITU LAMA TANPA LESEN/PERMIT PERLU...ATAU 'INSPECTION' PERLU KEMENTERIAN SUMBER MANUSIA? SIASAT...AMBIL TINDAKAN SEGERA ..

 

On 13/8/2018, 2 workers died ... An inspection by the Shah Alam City Council (MBSA) at the ice factory in Section 36 here, where ammonia gas had leaked earlier today, found that the premises had a license to carry out ice processing activities, but was not permitted to store hazardous materials.

MBSA in a statement said it had ordered the plant to temporarily cease operations to facilitate personnel from the Fire and Rescue Department to neutralise the ammonia levels in the area.
"Fire and rescue personnel are on-site to carry out rescue work and are working to ensure that the plant and its surrounding areas are not contaminated with the gas.
"At the same time, the MBSA's quick response team is also on-site to assist firemen and the police to monitor the situation in the area," the statement said.
In the incident at 5.12am, two factory workers were killed while 18 others were injured after inhaling ammonia gas that leaked at the premises.

Meanwhile, Selangor Health Director Datuk Dr Khalid Ibrahim in a statement said that the confirmed number of factory workers exposed to the ammonia gas was 27 people, including the two who were killed.
An inspection by the Shah Alam City Council (MBSA) at the ice factory in Section 36 here, where ammonia gas had leaked earlier today, found that the premises had a license to carry out ice processing activities, but was not permitted to store hazardous materials. -Ice factory had no licence to store hazardous materials: MBSA - see Is Azmin, MB Selangor, Local Council responsible for 2 worker's deaths and children sick from ice factory ammonia leaks?

See related links:- 

AG Tommy and Minister Kula - No prosecution/action against those respensible for death of 2 workers? Low priority?

Pekerja dan kesatuan(dan MTUC) TAK PEDULI 2 pekerja mati akibat racun di tempat kerja?

Is Azmin, MB Selangor, Local Council responsible for 2 worker's deaths and children sick from ice factory ammonia leaks?

Oh ya, kes sedemikian pernah juga berlaku sebelum ini ...adakah kerajaan menggetatkan  perundangan untuk memastikan keadaan kerja lebih selamat selamat insiden dahulu? Atau tak peduli?


Case closes after 15 years

PETALING JAYA: Finally – 15 years later – there is closure for victims of the Bright Sparklers fireworks factory explosion in Sungei Buloh, Selangor.  

Many would have forgotten the tragic event by now and even the judge who chaired the Royal Commission of Inquiry into the blast that flattened the factory and killed 22 people and injured 103 on May 7, 1991, has passed on.

FLASHBACK: The Star frontpage on May 8, 1991, showing the devastation at the Bright Sparklers fireworks factory. A visiton Aug 4, 2006, by The Star showed a spanking new factory – San Soon Seng Food Industries – (main picture) standing atthe factory’s site, erasing all signs of the tragedy of May 7, 1991.
Finally, the Government has made a payout of RM954,685.

The 118 people, who sued the Government after they lost their loved ones, suffered injuries and damage to their property in the incident, received a lump sum of RM30,000 from Chin Kong Hin, who was a director of Bright Sparklers Sdn Bhd, which went out of business soon after the tragedy.

The global payment by the Director of Selangor Lands and Mines Department, the Petaling District Council and the Government of Malaysia – the second, third and fourth defendants, respectively – was made without admitting liability and as full and final payment for general and special damages and interest.

The first settlement, involving one plaintiff represented by S. Kanagasabapathi, was recorded before Shah Alam High Court Justice Suriyadi Halim Omar on April 13. Two other settlements were recorded on May 22 and the remaining three on June 22; Jessica Binwani represented the plaintiffs in these suits.

The payments were in respect of claims for dependency, personal injury and property damage.

In confirming the settlements, Binwani, counsel for 117, said there had been no settlement as yet from Chung Kin Chuan, the other Bright Sparklers director named in suits, or from the company itself.

Asked whether the suits against Chung and the company would proceed, Binwani said the company was no longer in business but Chung, who had been declared bankrupt, had since been discharged.

The suits were filed after a Royal Commission of Inquiry was held before a three-man panel chaired by President of the Court of Appeal Justice Tan Sri Wan Adnan Ismail (who was a High Court judge then).

The inquiry findings were: “Bright Sparklers Sdn Bhd is responsible. Its management knew they were carrying on a dangerous operation.

“They had violated so many laws for which they and their executives must not escape prosecution.”

However, no one was ever prosecuted in relation to the personal injuries/ property damage suffered or the loss of lives of the factory workers, neighbouring residents, passers-by, family and friends who had rushed to the site to help after they heard the first blast and saw the billowing smoke.

A spanking new factory – San Soon Seng Food Industries – now stands on the site of the tragedy.

Other factories have come up around the site and double-storey houses are being built between the old houses.

There is nothing to show the devastation that shocked the nation 15 years ago. Even the curious residents who gathered around The Star team weren’t even born when the explosions occurred, but the memories linger for those who lost family members or who have to live with injuries that continue to hurt them. - Star, 6/8/2006

Read more at https://www.thestar.com.my/news/nation/2006/08/06/case-closes-after-15-years/#kJLZdS1WWhfSa46L.99

Bright Sparklers Disaster: Lawyer seeking 18 plaintiffs to award damages



The ‘New Straits Times’ report on the explosion in 1991

KUALA LUMPUR: A lawyer, representing the victims of the 1991 Bright Sparklers Fireworks Factory explosion in Sungai Buloh is attempting to trace the last of the 18 plaintiffs involved in order to pay them their dues.

The advocate, Jessica Binwani, had put up classified advertisements, listing the names and identification numbers of those affected in several newspapers, including the New Straits Times.  

She said the people in question or their next of kin were being sought to disburse the settlements, which stemmed from multiple suits that revolved the headline grabbing incident.

A total of 118 people had sued the government, the Selangor Land and Mines Department and the Petaling District Council and two directors of the company in multiple suits.

The government made an out of court settlement of RM954,685 in 2006.

One director also paid them a lump sum of RM30,000 despite Bright Sparklers Sdn Bhd going out of business soon after.  

It was reported that the global payment by the director of Selangor Land and Mines Department, the Petaling District Council and the Government of Malaysia — the second, third and fourth defendants, respectively — was made without admitting liability and as full and final payment for general and special damages and interest.

The incident on May 7, 1991 had caused the death of 26 people and injured more than 100 others. It was deemed one of the nation’s worst industrial disasters.

The explosion had ripped the roofs of some local houses in Kampung Baru Sungai Buloh and damaged more than 200 residential properties.
It had been triggered by explosive chemicals spilt during an experiment in the canteen of the facility. 

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