IPOH, Nov 28 — The Sessions Court here fined a construction company RM20,000 for disregarding two prohibition notices from the Occupational Safety and Health Department (DOSH).
Loyal Engineering Sdn Bhd managing director Datuk Ong Kian Min entered a guilty plea to both charges under Section 49 (1) of the Occupational Safety and Health Act 1994 before judge Norashima Khalid.
Each offence is punishable under Section 49 (2) of the same Act by a fine of not more than RM50,000, a prison sentence of not more than five years, or both.
According to the charge sheet, the firm did not comply with a prohibition notice to stop work on the installation of “falsework”, “formwork” and “rebar” as workers did not have proper safety harnesses while working at heights at around 1pm at Construction Proposal for Regional Sewage Treatment Plant and Sewerage Network in Papan on July 24.
It also did not observe a prohibition notice to stop work in transporting workers to higher floors using the scaffolding access at the same place and time.
Ong, who was not represented, asked the court to reduce the fine by claiming that this was the firm’s first offence and promised it will not be repeated.
However, DOSH prosecuting officer Hamirul Adli Hashim argued for the maximum fine as the firm blatantly disobeyed the immediate prohibition notices.
“This is a serious matter as in Perak alone, there have been 31 casualties, mostly on workers falling from the higher floor after failed to follow the safety rules, this year.
“The punishment should serve as a lesson to others,” he said.
The judge then fined Loyal Engineering RM10,000 in default of a six month jail for each charge.
