FEBRUARY 23 — The recent workplace injuries sustained by the construction workers due to the collapse of a condominium structure in Taman Desa is another preventable accident. We are witnessing numerous construction site mishaps in the country where injuries are occurring,or innocent lives are lost. These incidents usually involve foreign construction workers who arrive at our shores from their homeland to earn a decent living. They end up doing the 3D (dirty, dangerous and difficult) jobs which we locals often shun.

Sadly, due to the irresponsible mentality and negligence by some unscrupulous construction companies, they sustain injuries or lives are lost. There seems to be a lackadaisical attitude among these companies with regards to occupational safety and health (OSH). In the quest to increase their profit margins, they often cut corners in areas of health and safety. Some of the companies conveniently shift the blame of accidents and deaths among the workers to the sub-contractors when a mishap occurs.

Studies indicate there are multifactorial reasons for the occurrence of occupational accidents. They range from lack of supervision or adherence to safe work techniques and failure to wear personal protective equipment. Other causes are due to failure to comply with the safe use of tools, vehicles, and machines.  The foreign workers come from a diverse range of background and work culture. Many of them face some amount of language barrier to fit into the challenging work environment.

There is also a lack of effective OSH regulations. Challenges remain with the enforcement of laws. The number of inspectors within the Department of Occupational Safety and Health (DOSH), Ministry of Human Resources is small (107 in 2018) for effective implementation of OSH policies and laws to oversee approximately 14,000 active construction sites with 75,00 contractors. This contributes to the high number of serious or fatal occupational accidents. Poor implementation of risk management practices by the contractors and frequent breech of laws worsen the situation.

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DOSH data for 2018 reveals169 fatalities and 3,911 accidents in the construction sector. The occupational accident rate was 2.40 per 1,000 workers with the occupational fatality rate at 4.14 per 100,000 workers. The figures are worrying especially when we compare with the rates from developed countries like Singapore, Australia or UK. Questions arise and remain elusive of workplace accidents and deaths among unreported cases or illegal migrant workers.

The government needs to investigate construction mishaps with greater seriousness and delve into the root causes. The currentlaws like Occupational Safety and Health Act 1994 and the Factories and Machinery Act 1967are ineffective to prevent construction accidents. At a time of a construction accident, the usual press statements are made by the politicians to soothe the public sentiments.  It is often followed by an inquiry into the accidents. The company may be charged in the court. During a case, often a representative from the company stands in for the organisation’s Chief Executive Officer. In most instances, the company gets away with a slap on the wrist. The fines imposed by the courts are such a pittance compared to the mega profits reaped by the construction companies.The evidence gathered from accident investigations suggest there were systematic failures in the work health and safety responsibilities and activities that occurred leading up to and during a mishap.

The time has come for the government to take a firmer stand by taking the bull by the horn. The way forward is the carrot and stick approach of motivation for the construction companies. Tax incentives may be given for companies aligning successfully towards occupational health and safety. OSH laws will have to be tightened with much heavier fines and jail sentences. Nothing sharpens the mind like the prospect of spending time in jail.In addition to vicarious liability (an employer's liability for the acts of its employee), the recalcitrant employers or the CEO’s of the companies must be held criminally accountable when tragedies of preventable workplace injuries or deaths occur. In the USA, Australia and New Zealand, manslaughter charges have been filed against employers or employees when deaths occur at the workplaces due to gross negligence.

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The construction industry is one of the country’s significant economic pillars. It is a driver to improve our global competitiveness. However, the numerous construction site mishaps leading to occupational accidents resulting in deaths or injuries do not augur well for the construction industry as far as health and safety is concerned.The living conditions and deaths of many foreign workers in this sector remains a real conundrum for advocators of OSH. Contractors must be more committed to implement OSH practices.This entails them to adopt the conceptof hazard identification, risk assessment and risk control (HIRARC).

Numerous red flags are seen in the construction industry these days with regards to health and safety. We need to act before a major catastrophic accident occurs with injuries and deaths. The government must have the political will to act decisively to improve the working conditions andculture at construction sites. If economics is left to trump occupationalhealth and safety, we will have to bear the heavy moral responsibility where workers will pay with their limbsorend up in the coffin.

*Jayakumar Gurusamy is a professor of Community and Occupational Medicine at Melaka Manipal Medical College. He has special interest in workers’ health and safety.

**This is the personal opinion of the writer and does not necessarily represent the views of Malay Mail.