International Workers’ Memorial Day Statement: Mourn for dead, fight for the living — 40 groups
APRIL 29 — On the occasion of the International Workers’ Memorial Day
or Workers’ Mourning Day, celebrated annually on April 28, we, the 40
undersigned groups and trade unions lament the fact that workers’ death
at worksites, have not resulted in the Malaysian government’s enactment
of laws, regulations and standards that will prevent future deaths or
injury in a similar situation.
International Workers’ Memorial Day or Workers’ Mourning Day is the
international day of remembrance and action for workers killed,
disabled, injured or made unwell by their work. The slogan for the day
is Mourn for the dead, Fight for the living.
While we mourn the loss of lives and injuries of workers, we struggle
and fight for the living with the object of reducing risk of future
loss of life and injury at the work place.
In Malaysia, in 2018, there were 611 fatal accident cases. In 2017,
there were 711 fatal accident cases. (Bernama, 11/07/2018; Star,
7/1/2020). Interestingly, the Department of Occupational Safety and
Health (DOSH) records of fatal accident cases investigated in 2017 and
2018, are only 206 and 260 respectively, which means that investigations
are yet to be completed even in so cases that resulted in death.
The construction sector records one of the highest number of
fatalities. The Occupational Safety and Health Department’s (DOSH)
statistics recorded 169 deaths and 3,911 accidents in the construction
sector for 2018. (NST, 15/2/2020) The rate of fatality per 100,000
workers in the construction sector is 13.44 in 2018, as compared to
14.57 in 2017.
Malaysia’s Fatal Accident Rate (FAR) was not only 10 times worse than
that of the United Kingdom but had in fact deteriorated by 20 per cent
since the turn of the century, according to a Construction Industry
Development Board report.
Deaths by reason of trench collapses — death by being buried alive
Jalmi, an Indonesian worker in his 20s, died after he was buried in a
three-metre drain during excavation works in Shah Alam, Selangor in
October 2015. (NST, 5/10/2015).
In March 2015, it was reported that two construction workers in
Machang, Kelantan, a local man and a Myanmar national were killed when
earth collapsed and buried them in the hole whilst they were working on a
water supply pipe project .(NST, 30/3/2015).
In September 2015, a Bangladeshi construction worker was killed in
Kuala Lumpur after he was buried in a pile of soil, after the victim and
his colleague had earlier dug a hole about three-meters deep to install
underground pipes.(NST, 30/9/2015)
Nicholas anak Jawan, a 33-year-old worker, was killed in Sarawak
after he was buried alive while building a deep monsoon drain (Malay
Mail, 3/12/2019)
Md Shoriful, 43, and Julhas Rahman, 27, were killed when they were
buried by mounds of falling earth at a housing project construction site
in Mentakab, Temerloh where they were carrying out sewage pipe
installation works. (BERNAMA/New Straits Times, 6/3/2020)
There will be much more similar cases, which unfortunately not all
would have been reported by the media. Sadly, media reports also fail to
respectfully name the workers who died, and also fail to make mention
of the names of the companies and/or employers who may be responsible
for these fatal accidents.
In the commemoration of this year’s IWMD, we call upon the Malaysian government to:
1. Enact and enforce laws and regulations that impose mandatory obligations to prevent further deaths in the future
Death by such trench collapses in Malaysia, and also all over the
world, have been happening for years, and the question is why are there
still no specific laws and regulations in place that will prevent such
deaths in similar situations in the future.
What ought to be in such laws could be the requirement for needed
supports and/or battering to prevent the soil from collapsing on workers
working in such pits or trenches. The requirement for the need for
safety inspection of the site by a competent person, before a worker is
asked to enter any hole or trench of more than one metre depth, noting
that safety will also be affected by type of soil, weather on that day,
vibration caused by machines operating nearby or other reasons.
Specific regulations and standards are needed, rather than vague
general laws that simply talk about ‘so far as practicable’ general
obligations of safety and health. In some other countries, there are
already laws that specifically deal with this like The Construction
(Design and Management) Regulations 2015 in United Kingdom, and
There are so many employers and companies involved in construction
works in Malaysia, and it absurd to expect them to know of all the
dangers and risks involved in the various different aspects of their
work. Employers and companies, may not be aware of the risks discovered
at other worksites following some accidents, and as such may still be
carrying out work in the same risky life-threatening manner through
ignorance.
Thus, it is only reasonable and incumbent for the government, who has
the data and expertise with regard to occupational safety and health
issues, to do the needful through the making of needed regulations
and/or laws, which includes steps to be taken by employers to ensure
safety.
Every worksite incident that results in an accident, injury and/or
death of a worker, ought to teach us what need to be done now to prevent
future mishaps that may result in death of workers. The government is
duty bound to take steps to ensure similar accidents do not recur
anywhere, and the best solution is the enactment of clear laws, rules
and regulations that will not only highlight the dangers, but will also
make sure that employers and companies do the needful to reduce risk of
death and injury. Mere guidelines or advisories are insufficient.
2. Make public and create awareness of Laws, Regulations and Standard Operating Procedures (SOP)
It is often that government mentions about SOPs and other legal
requirements, but sadly many of these are not even known to workers and
the public, thus making it impossible for people to even highlight
actions and/or situations when employers and companies do not follow the
law.
All applicable laws, regulations and SOPs must be made available to
the public, including all websites of agencies, departments and
Ministries having the responsibility for occupational safety and health.
3. Ensure deterrent sentences to reduce non-compliance, and reduce death and injury of workers
Worker lives and wellbeing are of primary importance, and as such
penalty for employers and companies that breach laws that protect the
safety and health of workers must be deterrent if Malaysia is truly
concerned about human lives.
Currently penalties for violation of Occupational Safety and Health
laws are fines, and a maximum of two years imprisonment. However, there
seem to be no employers or Directors of companies that have been sent to
prison, even when their failings have resulted in death and injury to
workers. It is Directors and owners of companies that sometimes, to save
cost, who choose to negate duties and obligations to do the needful to
ensure worker safety and health.
Kevin Otto, owner of Atlantic Drain Services, a company in US was
recently sentenced to two years imprisonment after being found guilty of
two counts of manslaughter for the deaths of two employees, Robert
Higgins and Kelvin Mattocks, who drowned in October 2018 in an
unprotected, 14’ deep trench following a water main break. He was
further penalized with three years’ probation following his sentence,
and he can never again employ anyone in a job that involves excavation.
(ISHN, 17/12/2019).
In other jurisdictions, stringent laws with higher penalties,
including new offences, are being enacted with the object of reducing
risk of life and injury to workers. In Australia, Industrial
Manslaughter laws have been introduced. - Malay Mail, 29/4/2020
See also:-Kenyataan Hari Peringatan Pekerja Maut Antarabangsa (28 April) - Berkabung untuk yang mati, Berjuang untuk yang hidup
and original statement at International Workers’ Memorial Day Statement Mourn for dead, Fight for the living - 28/4/2020
Draw up clear laws to prevent injury, death to workers(Malaysian Insight)
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