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IPOH, Oct 17 — The Sessions Court here fined a fabrication company RM30,000 after its representative pleaded guilty on its behalf to negligence in the accidental death of a worker.
Sapura Fabrication Sdn Bhd’s head of fabrication Emha Entariksa, a 40-year-old Indonesian, entered the plea to the charge under Section 15 (1) of the Occupational Safety and Health Act 1994 before judge Norashima Khalid.
The offence is punishable by a fine of not more than RM50,000, a jail sentence of up to two years, or both.
According to the charge sheet, the firm is accused of failing to ensure safe workplace conditions at around 3.35pm of July 3 at the Lumut Port Industrial Park, Kampung Acheh, Lumut, which resulted in an accident that killed 29-year-old Shollehudin Samsudin.
Shollehudin died on the spot due to a severe head injury after a saddle support fell on him.
Investigation officers from the Occupational Safety and Health Department (DOSH) noted that the firm failed to check for defects in the webbing used to install the saddle support.
DOSH prosecuting officer Shahrill Sulaiman earlier requested for the maximum punishment under the law.
However, lawyer Gary Xavier who represented the firm argued that it had introduced the necessary standard operating procedures (SOP) and it was the workers, including the victim, who did not adhere to these.
“The firm has compensated the victim’s family and some of the workers from the team, who has failed to follow the SOP were either suspended or sacked,” he added.
The judge then fined Sapura Fabrication RM30,000 in default of six months’ jail, which it paid.