IPOH, July 29 — The Sessions Court here fined a construction company RM35,000 in default of four months’ imprisonment, after its representative pleaded guilty on its behalf to negligence in the accidental death of a Bangladeshi worker.
Rantau Urusan (M) Sdn Bhd director Lee Wei Jin, 38, 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 prison sentence of up to two years, or both upon conviction.
According to the charge sheet, the firm is accused of failing to ensure safe workplace conditions at around 8.15am at Bandar Seri Inskandar in Perak Tengah district on July 28, 2019, which resulted in an accident that killed the worker.
The case facts stated that the worker sustained severe head injury after cement mixture, which was dumped by a worker from the third floor of a building, fell on the former’s head.
The worker was pronounced dead two days later at the Raja Permaisuri Bainun Hospital here.
The firm was also charged under Rule 5 (1) (b) (aa) of the Occupational Safety and Health Regulations 2004, which is punishable under the Rule 13 of the same Regulations, for failing to inform the Occupational Safety and Health Department (DoSH) on the accident immediately.
Norashima then fined the firm RM3,000 in default of four months’ jail.
Both the fines were paid by the company.
Separately, Norashima also fined another two companies after their representatives pleaded guilty to negligence in workplace safety that caused one worker to lose two fingers and another to sustain severe leg injuries, in separate incidents.
Tan Chee Seng Sawmill Sdn Berhad director Tan Taik Chin, 54, entered the guilty plea to failing to install guards on the drive part of the sprocket and chain at the inlet roller of the veneer clipper machine on November 5 at 8.30am in Tasek Industrial Estate, which resulted in the accident of 20-year-old Ahzi Aznam.
Following the accident, Ahzi lost his ring finger and also two joints of the little finger on the right hand.
Hume Cemboard Industries Sdn Bhd general manager Muralitharan Kaliparmal, 48, pleaded guilty to failing to install the guard on the sprocket chain drive part of the motor, which is under the conveyor on the outlet part of ‘DET’ line P2 on November 1 at 5.30pm in Khathan Industrial Estate in Chemor, which resulted in the accident of 20-year-old Devan Paramasivam.
Devan’s upper left foot was fractured and he also sustained injuries on his toes due to the accident.
The charges for the both companies were framed under Section 15 of the Factories and Machinery Act 1967 and were punishable under Section 51 (2) of the same Act.
The offence is punishable by a fine of not more than RM50,000, a jail sentence up to one year, or both.
Norashima then fined both the firms RM25,000 each in default of four months jail.
DoSH prosecuting officer Norissham Ishak prosecuted while all three companies above were not represented.